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HomeMy WebLinkAbout2010-016C ORDINANCE NO. 2010- 016 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, AMENDING SECTION 207 "LOCAL BUSINESS TAX RECEIPTS" OF THE CODE OF INDIAN RIVER COUNTY, FLORIDA, BY ENACTING A NEW SECTION 207.15 ENTITLED "PAIN CLINICS AND PAIN MANAGEMENT CLINICS" ESTABLISHING FOR ONE YEAR FROM JUNE 82 2010 A MORATORIUM AND CERTAIN RESTRICTIONS ON THE ISSUANCE, TRANSFER AND RENEWAL OF LOCAL BUSINESS TAX RECEIPTS FOR THE OPERATION OF PAIN CLINICS AND PAIN MANAGEMENT CLINICS; PROVIDING FOR SEVERABILTY, A GENERAL REPEALER AND AN EFFECTIVE DATE. WHEREAS, pursuant to Article VII, Section 1 of the Florida Constitution, and Chapter 125, Florida Statutes, Indian River County is authorized to protect the public health, safety and welfare of its residents, and has the power and authority to enact regulations for .valid governmental purposes that are not inconsistent with general or special law; and WHEREAS, on November 19, 2009, the Broward County, Florida Grand Jury released an Interim Report on the Proliferation of Pain Clinics in South Florida, which report detailed the rapid proliferation of pain clinics in South Florida; the excessive prescribing and dispensing of controlled substances through such clinics; the increased deaths resulting from lethal dosages of such controlled substances; the increased crime, including burglaries and robberies in areas where such pain clinics operate; the identity theft and organized criminal activities linked to the excessive prescribing and dispensing of such controlled substances; the increased drug trafficking in controlled substances originating from such pain clinics; and other impacts harmful to the public health, safety and welfare; and WHEREAS, the Indian River County Sheriff has reported to the Board that based on the proximity of Indian River County to 1-95, and considering the expansion of pain clinics northward towards Indian River County from counties located to the south, there will be a definite proliferation of such clinics in Indian River County, and that such clinics will have a direct and immediate impact which is harmful to the public health, safety and welfare of the residents of Indian River County. The Sheriff has also reported that there has been an increase in deaths in Indian River County caused by lethal dosages of controlled substances relating to pain management; and WHEREAS, newspaper and other reports have described the "pipeline" that is used by drug traffickers illegally purchasing controlled substances from pain clinics in Florida and selling the controlled substances to users in other states; and 1 ORDINANCE NO. 2010- 016 WHEREAS, the Florida Legislature has recognized and addressed the harmful impacts of the proliferation of pain clinics by adopting chapters 2009-198 and 2010-2111 Laws of Florida, requiring, inter alia, the licensure of pain clinics, the establishment of a prescription drug monitoring program, and the promulgation of rules and regulations by the Department of Health, the Department of Law Enforcement, the Board of Medicine and the Board of Osteopathic Medicine; however, to date, such measures have not been implemented; and WHEREAS, numerous other Florida counties and municipalities have adopted moratoriums or other restrictions to prevent the proliferation of pain clinics, which could result in Indian River County becoming a target for such clinics; and WHEREAS, the Indian River County Tax Collector has reported to the Board that the Tax Collector has received numerous telephone calls inquiring whether Indian River County issues business tax receipts to new pain clinics, suggesting that Indian River County has already become a target for such clinics; and WHEREAS, the Board finds and declares that the proliferation of pain clinics in Indian River County is a direct and immediate threat to the public health, safety and welfare of the residents of Indian River County, and that a moratorium and certain restrictions on the issuance, transfer and renewal of business tax receipts for the operation of such pain clinics is necessary to prevent the harmful impacts of such proliferation; and WHEREAS, imposing such moratorium and restrictions until June 7, 2011 will provide sufficient time for County staff, the Sheriff and other interested parties to research, analyze and present to the Board reasonable regulations to mitigate the harmful impacts created by the proliferation of pain clinics within Indian River County, NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA THAT: Section 1. Legislative Findings. The Board finds that the above "Whereas" clauses are true and correct, and hereby incorporates such clauses as the legislative findings of the Board. Without limitation, the Board specifically finds and declares that the enactment of this ordinance is necessary to protect the health, safety and welfare of the citizens of Indian River County. Section 2. Creation of New Section. Section 207.15 of the Code of Indian River County, Florida is hereby created to read as follows: Section 207.15 Pain Clinics and Pain Management Clinics 2 ORDINANCE NO. 2010- 016 (1) Moratorium. From the effective date of this ordinance until June 7, 20113 (i) no business tax receipt shall be issued for the operation of any Pain Clinic or Pain Management Clinic in Indian River County, and (ii) no business tax receipt shall be transferred or renewed for the operation of any Pain Clinic or Pain Management Clinic, if, at the time of such transfer or renewal, the Pain Clinic or Pain Management Clinic is not in compliance with all applicable local, county, state and federal laws. (2) Definitions. (a) "Pain Clinic" or "Pain Management Clinic" shall mean a privately owned pain management clinic, facility, or office primarily engaged in the treatment of pain by prescribing or dispensing controlled substance medications, or which advertises in any medium for any type of pain management services, or employs a physician who is primarily engaged in the treatment of pain by prescribing or dispensing controlled substance medications, and which is required to register with the Florida Department of Health pursuant to section 458.309 or section 459.005, Florida Statutes; provided, however, that the following shall be excluded from this definition: i. a facility which is licensed pursuant to Chapter 395, Florida Statutes, ii. a nursing home, ambulatory surgical center, hospice or intermediate facility for the developmentally disabled which is licensed pursuant to Florida law, iii. a clinic, facility or office in which the majority of physicians primarily provide surgical services, and iv. a clinic, facility or office which is wholly owned by physicians licensed pursuant to Florida law, at least one of whom (a) has obtained board certification by a specialty board recognized by the American Board of Medical Specialties and holds a sub -specialty certification in pain medicine, (b) has successfully completed a post graduate training program in Pain Medicine/Management accredited by the Accreditation Council for Graduate Medical Education, or (c) has obtained a Certificate of Added Qualification in Pain Management by the American Osteophathic Association. (b) "Controlled Substance" shall mean a controlled substance listed in Schedule II, Schedule III or Schedule IV in section 893.03, Florida Statutes. (3) Affidavit. If, during the term of this moratorium, an application is made for issuance of a business tax receipt for operation of a medical or health clinic, facility or office which, as represented by the applicant, will not be operated during the period of 3 ORDINANCE NO. 2010- 016 time covered by the business tax receipt as a Pain Clinic or Pain Management Clinic, the applicant, as a condition of issuance of the business tax receipt, shall execute and deliver to the Tax Collector an affidavit confirming such representation. If, during the period of time covered by the business tax receipt, the clinic, facility or office is in fact operated as a Pain Clinic or Pain Management Clinic contrary to the representation of the applicant, the business tax receipt shall be subject to immediate revocation in proceedings before the Code Enforcement Board, in addition to other remedies available under local, county, state and federal laws. Failure or refusal of the applicant to execute and deliver the affidavit shall result in denial of the issuance of the business tax receipt. This section shall apply only in the areas of the County for which the Tax Collector issues business tax receipts. (4) Direction to County Staff. During the term of this moratorium, County staff is directed to work with the Sheriff and other interested parties, to research and analyze the impacts of the proliferation of Pain Clinics and Pain Management Clinics within Indian River County, to develop reasonable regulations to mitigate the harmful impacts created by the proliferation of pain clinics within Indian River County, and to present such regulations to the Board of County Commissioners for consideration. (5) Geographic Application. This moratorium shall apply throughout the incorporated and unincorporated areas of Indian River County, except to the extent that a municipality has adopted or adopts an ordinance in conflict with this ordinance. Section 3. Severability. If any part of this ordinance is held to be invalid or unconstitutional by a court of competent jurisdiction, the remainder of this ordinance shall not be affected by such holding and shall remain in full force and effect. Section 4. Conflict. All ordinances or parts of ordinances in conflict herewith are hereby repealed. Emergency Ordinance No. 2010-013 is hereby repealed and replaced by this ordinance. Section 5. Effective Date. This ordinance shall become effective upon enactment by the Board of County Commissioners and filing with the Department of State. This ordinance was advertised in the Vero Beach Press Journal on the 9th day of Jul v , 2010, for a public hearing to be held on the 20th day of Jul y , 2010, at which time it was moved for adoption by Commissioner F1 escher , seconded by Commissioner 0' Bryan , and adopted by the following vote: Chairman Peter D. O'Bryan Vice Chairman Bob Solari n ►0 Aye ORDINANCE NO. 2010- 016 Commissioner Wesley S. Davis Commissioner Joseph E. Flescher Commissioner Gary C. Wheeler Absent Aye Absent The Chairman thereupon declared the ordinance duly passed and adopted this 20th day of duly , 2010. ATTEST: Jeffrey K. Barton, Clerk BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA east *a@ n, irman EFFECTIVE DATE: This Ordinance was filed with the Department of State on the 2 1 day of 2010. 9