HomeMy WebLinkAbout2010-013ORDINANCE NO. 2010- 013
AN EMERGENCY ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA
ESTABLISHING A NINETY (90) DAY MORATORIUM ON THE
ISSUANCE, TRANSFER AND RENEWAL OF LOCAL BUSINESS TAX
RECEIPTS FOR CERTAIN PAIN CLINICS AND PAIN MANAGEMENT
CLINICS; PROVIDING FOR SEVERABILTY; AND SETTING FORTH
EFFECTIVE DATE.
WHEREAS, section 125.66(3), Florida Statutes, authorizes the Board of County
Commissioners at any regular meeting to enact an emergency ordinance, upon
declaring that an emergency exists and that the immediate enactment of said ordinance
is necessary; 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 citizens of Indian River County. The Sheriff has also reported to the
Board the 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 detailed 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
WHEREAS, the Florida Legislature has recognized and addressed the harmful
impacts of the proliferation of pain clinics by adopting Chapters 2009-198 and Senate
Bill 2272, 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
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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 hereby finds and declares that an emergency exists and
that the immediate enactment of this ordinance is necessary. Specifically, 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 citizens of Indian
River County, and that an emergency moratorium 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,
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 waives the notice requirements of
section 125.66(2), Florida Statutes, and specifically finds and declares that an
emergency exists and that immediate enactment of this ordinance is necessary for the
reasons set forth in such clauses.
Section 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:
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ORDINANCE NO. 2010- 013
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.
Section 3. Moritorium. Effective June 8, 2010, and for a period of ninety (90)
days thereafter, no business tax receipt shall be (i) issued for the operation of any Pain
Clinic or Pain Management Clinic in Indian River County, or (ii) transferred or renewed
for the operation of any Pain Clinic or Pain Management Clinic in Indian River County;
provided, however, that a business tax receipt may be transferred or renewed if, at the
time of such transfer or renewal, the Pain Clinic or Pain Management Clinic is in
compliance with all applicable local, county, state and federal laws.
Section 4. Affidavit. If, during the term of this moratorium, an application is
made for issuance, transfer or renewal of a business tax receipt for operation of a
medical or health clinic, facility or office which, as represented by the applicant, is not
being operated, and will not be operated during the period of time covered by the
business tax receipt, as a Pain Clinic or Pain Management Clinic, the applicant, as a
condition of the issuance, transfer or renewal 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
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to execute and deliver the affidavit shall result in denial of the issuance, transfer or
renewal of the business tax receipt.
Section 5. Direction to County Staff. During the term of this moratorium, County
staff is directed to research and analyze the impacts of Pain Clinics and Pain
Management Clinics within Indian River County, to develop alternatives that are in
furtherance of the public health, safety and welfare, and to make recommendations to
the Board.
Section 6. Geographic Application. This emergency ordinance 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
emergency ordinance.
Section 7. Severability. If any part of this emergency 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 8. Effective Date. This ordinance shall be effective and deemed filed
when a certified copy has been accepted by the postal authorities of the Government of
the United States for special delivery by certified mail to the Florida Department of
State.
The Clerk to the Board shall mail the certified copy of the ordinance to the
Department of State as soon after enactment as practicable.
This ordinance was moved for adoption by Commissioner Davi s ,
seconded by Commissioner Fl escher , and adopted by the following vote:
Commissioner Peter D. O'Bryan, Chairman Aye
Commissioner Bob Solari, Vice Chairman Aye
Wesley S. Davis, Chairman Aye
Joseph E. Flescher, Vice Chairman Aye
Commissioner Gary C. Wheeler Aye
The Chairman thereupon declared the ordinance duly passed and adopted this
8th day of June, 2010.
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CE NO. 2010- 013
•�v; � -••:vim•.
`°OARD OF COUNTY COMMISSION
„�Is1DIA RIVER COUNTY, FLORIDA
`••w2• .....:•• Peter D. O'Bryan, Chairm
ATTEST: Jeffrey K. BartorY;•� APPROVED AS TO FORM
AND LEGAL SUFFIC CY
By:
Deputy Clerk $Y �-� "`'�--�
ALAN S. POLACKWICH
COUNTY ATTORNEY
MAILING DATE/EFFECTIVE DATE:
ACKNOWLEDGMENT by the Department of State of the State of Florida, this
of 12010.
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day