2010-O-19ORDINANCE NO.2010-0-19
AN EMERGENCY ORDINANCE OF THE CITY OF
EDGEWATER, FLORIDA, DECLARING A MORATORIUM
AS TO THE FILING AND/OR RECEIVING OF ANY
APPLICATION OR PETITION FOR THE
ESTABLISHMENT OF "PAIN CLINICS" AND "PAIN
MANAGEMENT CLINICS" FOR A PERIOD OF ONE (1)
YEAR; PROVIDING FOR CONFLICTING PROVISIONS,
SEVERABILITY AND APPLICABILITY; AND
PROVIDING FOR AN EFFECTIVE DATE AND
ADOPTION.
WHEREAS, the City Council of the City of Edgewater, Florida, has made the following
determinations:
1. Pursuant to Article VII, Section 2 of the Florida Constitution and Chapter 166 of
the Florida Statutes, the City of Edgewater is authorized and required to protect the public health,
safety and welfare of its citizens and has the power and authority to enact regulations for valid
governmental purposes that are not inconsistent with general or special law.
Edgewater.
The public health, safety and welfare is a legitimate public purpose of the City of
The City of Edgewater is concerned about an increase in the number of
individuals interested in opening "pain clinics" and "pain management clinics" in the City.
4. On November 19, 2009, the Broward County Grand Jury issued an interim report
entitled "The Proliferation of Pain Clinics in South Florida" after an investigation and review of
the "Pill Mill" proliferation in South Florida and the effect on Broward County as a major source
of Oxycodone, a controlled substance.
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5. The Grand Jury found that the number of pain clinics increased from 4 to 176 in
two years in South Florida and that 9 million dose units of Oxycodone was dispensed every 6
months.
6. The Grand Jury recommended that the State prescription drug monitoring
program be swiftly implemented and adequately funded, as of the time of the Grand Jury report
the program had not been funded by the State.
7. The Grand Jury found that in the State of Florida in 2006 there were 2,780 lethal
dose reports of prescription drugs, in 2007 there were 3,317 lethal dose reports of prescription
drugs, in 2008 there were 3,750 lethal dose reports of prescription drugs and in 2008 an
additional 6,286 reports of non -lethal prescription drugs detected in deceased persons that may
have been found in combination with other substances to be lethal.
S. The Grand Jury found that burglaries and robberies in the areas where pain clinics
are located have increased; drug trafficking in prescription drugs and street level sales of
prescription drugs have increased; and identity theft and organized criminal activities have
increased.
9. Many other cities and counties throughout Florida have enacted or are enacting
moratoria pertaining to pain management clinics; consequently, the number of jurisdictions
available for opening pain management clinics is limited, leaving the City a likely choice for the
location of pain management clinics.
10. It is not the intent of this moratorium to interfere with legitimate medical clinics
nor the legal use of controlled substances.
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11. The Florida Legislature in 2010 passed Senate Bill 2272 to provide more
regulatory control over pain management clinics via amendments to Section 893.055, Florida
Statutes, known as "Prescription Drug Monitoring Program."
12. The regulations as contained in Senate Bill 2272 regulating pain clinics will not
take full effect until December 1, 2010.
13. Chapter 2009-198, Laws of Florida, recognizes mismanaged or fraudulently
maintained pain clinics can inflict incalculable damages to local communities and the state as a
whole in the form of lost lives, increased crime, human misery from addiction, ballooning health
care costs and Medicare fraud.
14. The City Council desires the opportunity to review its codes and Senate Bill 2272
to determine the effectiveness of such regulations and whether amendments should be made to
the City's codes and regulations to address public health, safety and welfare concerns associated
with the opening of pain management clinics.
15. The City Council hereby directs its staff to analyze the effects and potential
effects of pain management clinics in the City to determine whether additional standards to the
City's land development regulations are necessary to maintain public health, safety and welfare.
16. The City Council hereby directs its staff to evaluate the process for the issuance of
development permits, business licenses or other approvals regulating the sanctioning of pain
management clinics within the City to determine whether changes are necessary to assure public
health, safety and welfare are not jeopardized by the opening of pain management clinics.
17. To provide the City staff with sufficient time to complete the analyses directed
herein, it is necessary to declare a moratorium on the filing and/or receiving of applications or
petitions for the establishment of pain management clinics.
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18. The City of Edgewater believes that by establishing a moratorium for a period of
one (1) year, the City will have the opportunity to research and study various regulatory options
to better deal with "pain clinics" and "pain management clinics."
19. The City Council finds it is in the best interest of the citizens of the City of
Edgewater to minimize and control the adverse effects of pain clinics and thereby protect the
health, safety, and welfare of the citizenry; protect the citizens from increased crime; preserve
the quality of life and preserve property values by adopting appropriate regulations regulating
thereto.
NOW, THEREFORE, BE IT ENACTED by the People of the City of
Edgewater, Florida:
SECTION 1. DEFINITION.
For the purposes of this ordinance, "pain clinic" and "pain management clinic' are
defined as follows:
A privately owned pain -management clinic, facility or office 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 is required to register with the Florida Department of Health pursuant to Section 458.309 or
Section 459.005, Florida Statutes (2009). A physician is primarily engaged in the treatment of
pain by prescribing or dispensing controlled substance medications when the majority of the
patients seen are prescribed or dispensed controlled substance medications for the treatment of
chronic nonmalignant pain. Chronic nonmalignant pain is pain unrelated to cancer, which
persists beyond the usual course of the disease or the injury that is the cause of the pain for more
than 90 days after surgery.
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SECTION 2. MORATORIUM.
A moratorium on the submission, processing and issuance of business tax receipts,
certificates of use, development permits, development orders or other permits or approvals for
the operation of pain clinics and pain management clinics, as defined herein, is hereby
established for a period of one (1) year from the effective date of this ordinance to research the
nature and scope of possible measures of mitigation and regulation of pain clinics and pain
management clinics.
SECTION 3. EXISTING BUSINESSES.
This moratorium shall not affect any business currently operating within the City of
Edgewater pursuant to a validly issued business tax receipt and certificate of use as long as the
business and property are in compliance with all applicable, local, county, state and federal laws.
SECTION 4. NEW BUSINESSES.
Applications for business tax receipts, certificates of use, development permits,
development orders or other permits for approvals for the operation of pain clinics and pain
management clinics, as defined herein, received after the date of advertisement of the reading of
this ordinance shall be held in abeyance until the conclusion of the moratorium period.
SECTION 5. RENEWALS.
The Director of Development Services, or his designee, is authorized to renew the
business tax receipt, certificate of use, development permit, development order or other permit or
approval of any existing business affected by this moratorium in the event of expiration before
the conclusion of this moratorium, upon a finding that the business has taken adequate
precautions to mitigate the potential for abuse of prescription drugs.
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SECTION 6. REPEAL.
This Ordinance shall stand repealed as of the date of adoption by the City Council of
newly proposed land use regulations governing pain management clinics or one (1) year after the
adoption of this emergency ordinance, whichever date first occurs.
SECTION 7. BOUNDARIES.
This Ordinance shall be applicable to all properties located within the boundaries of the
City of Edgewater.
SECTION 8. CONFLICTING PROVISIONS.
All conflicting ordinances and resolutions, or parts thereof, in conflict with this
ordinance, are hereby superseded by this ordinance to the extent of such conflict.
SECTION 9. SEVERABILITY AND APPLICABILITY.
If any portion of this ordinance is for any reason held or declared to be unconstitutional,
inoperative, or void by a court of competent jurisdiction, such holding shall not affect the
remaining portions of this ordinance. If this ordinance or any provisions thereof shall be held to
be inapplicable to any person, property, or circumstances by a court of competent jurisdiction,
such holding shall not affect its applicability to any other person, property, or circumstance.
SECTION 10. EFFECTIVE DATE.
This Ordinance shall take place upon adoption.
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SECTION 9. ADOPTION.
After Motion to approve byiwml�_iiv Cats r and Second byPrajn6i�� Rhd.=, the
vote on the first reading of this ordinance held on A 'rc} 1 to , 2010, was as follows:
AYE NAY
Mayor Mike Thomas
y
Councilwoman Debra J. RogersbSetlk
Councilwoman Gigi Bennington
x
Councilwoman Harriet B. Rhodes
Councilman Ted Cooper
x
PASSED AND DULY ADOPTED this �U444 day of A 11r. 2010.
ATTEST:
LNL1LIW MDA D
Bonnie Wenzel
For the use and reliance only by the City of
Edgewater, Florida. Approved as to form and
legality by: Carolyn S. Ansay, Esquire
City Attorney
Doran, Sims, Wolfe, Ansay,
CITY COUNCIL OF THE
CITY OF EDGE MORIDA
By
Mike as
Mayo '
L� 1� .
Robin L. Matusick
Paralegal
Approved by the City Council of the City of
Edgewater at a meeting held on this I (Oh day
of ftx 2010 under Agenda
Item No. 8
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