2011-O-09 ' 141 ORDINANCE NO. 2011-0-09 r.rr°
AN ORDINANCE OF THE CITY OF EDGEWATER,
FLORIDA, EXTENDING 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
ONE HUNDRED EIGHTY (180) DAYS; 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, previously declared a
moratorium on the filing and/or receiving of any application for the establishment of "pain
clinics" or "pain management clinics" for a period of one (1) year on August 16, 2010.
WHEREAS, due to the uncertainty of recently passed State legislation regarding the
legality of said "pain clinics" and "pain management clinics" and the ultimate legislative
outcome, City staff requires additional time to adequately review said legislation and evaluate
the process for issuing development permits, business licenses, certificate of use permits and
other approvals regulating "pain clinics" and "pain management clinics" and their direct relation
to the health, safety and welfare of the public.
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.
2. The public health, safety and welfare is a legitimate public purpose of the City of
Edgewater.
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3. The City o`1r'Edgewater has seen an increase in' 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.
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 Florida Legislature found that:
a. Prescription drug overdose has been declared a public health epidemic by the
United States Centers for Disease Control and Prevention; and
b. Prescription drug abuse results in an average of seven deaths in this state each
day; and
c. Physicians in this state purchased more than 85 percent of the Oxycodone
purchased by all practitioners in the United States in 2006; and
d. Physicians in this state purchased more than 93 percent of the methadone
purchased by all practitioners in the United States in 2006; and
e. Some physicians in this state dispense medically unjustifiable amounts of
controlled substances to addicts and to people who intend to illegally sell the drugs.
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• 8. The Grandy found that burglaries and robberies irie 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
or the legal use of controlled substances.
11. The Florida Legislature previously passed Senate Bill 2272 in 2010 to provide
more regulatory control over pain management clinics via amendments to Section 893.055,
Florida Statutes, known as "Prescription Drug Monitoring Program." The Florida Legislature
passed additional legislation in 2011.
12. The regulations as contained in Senate Bill 2272 regulating pain clinics took full
effect in 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, Senate Bill 2272 and
recent legislation 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.
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•
15. The City CSlfncil hereby directs its staff to analy`W the effects and potential
effects of pain management clinics in the City to determine whether additional standards 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.
18. The City of Edgewater believes that by establishing a moratorium for 180 days,
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:
Any publicly or privately owned facility:
a. That advertises in any medium for any type of pain management services; or
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b. Where in ' month a majority of patientare prescribed opioids,
benzodiazepines, barbiturates, or carisoprodol for the treatment of chronic nonmalignant pain.
Chronic nonmalignant pain means pain unrelated to cancer or rheumatoid arthritis which persists
beyond the usual course of disease or the injury that is the cause of the pain or more than 90 days
after surgery.
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 hundred eighty (180) days 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 and /or the Finance Director, or their respective
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
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moratorium in the event oxpiration before the conclusion of thisfioratorium, upon a finding
that the business has taken adequate precautions to mitigate the potential for abuse of
prescription drugs.
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 180 days 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.
SECTION 11. ADOPTION.
After Motion to approve by Councilwoman Bennington and Second by Councilman
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Kennedy, the vote 4911 the first reading of this ordinance 0Y`` on June 20, 2011, was as
follows:
AYE NAY
Mayor Mike Thomas X
Councilman Justin A. Kennedy X
Councilwoman Gigi Bennington X
Councilman Mike Ignasiak X
Councilman Ted Cooper X
After a motion by Councilwoman Bennington with second by Councilman Ignasiak, the
vote on the second reading/public hearing of this ordinance held on July 18, 2011 is as follows:
AYE NAY
Mayor Mike Thomas X
Councilman Justin A. Kennedy X
Councilwoman Gigi Bennington X
Councilman Mike Ignasiak X
Councilman Ted Cooper X
Due to lack of advertisement, this ordinance was reheard for second reading/public
hearing on August 15, 2011. After motion by Co no , ,,,;c„y n o, with second by(
the vote on second reading of this ordinance was as follows:
AYE NAY
Mayor Mike Thomas
Councilman Justin A. Kennedy
Councilwoman Gigi Bennington
Councilman Mike Ignasiak �(
Councilman Ted Cooper
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PASSED AND DULY ADOPTED this 15th day of August, 2011.
ATTEST:
CITY COUNCIL OF THE
;OFEDGEV ,R, F O DA
Mike T mas III
Mayor
Robin L. Matusick
Paralegal
For the use and reliance only by the City of Approved by the City Council of the City of
Edgewater, Florida. Approved as to form and Edgewater at a meeting held on this 15th day
legality by: Aaron R. Wolfe, Esquire of August 2011 under Agenda Item No. 8-CL.
City Attorney
Doran, Sims Wolfe, Amy & Kundid
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