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Home My WebLink About11-009 ~P~ F~-t s m~ ~~n~~~ r~Ie ORDINANCE NO. 11-009 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS FOR ST. LUCIE COUNTY, FLORIDA, EXTENDING THE MORATORIUM ON DEVELOPMENT PERMITS OR APPROVALS FOR PAIN MANAGEMENT CLINICS; PROVIDING AN EXPIRATION DATE; PROVIDING FOR CONFLICTING PROVISIONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR APPLICABILITY; PROVIDING FOR FILING WITH DEPARTMENT OF STATE; PROVIDING AN EFFECTIVE DATE; PROVIDING FOR ADOPTION WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. On June 15, 2010, the Board of County Commissioners imposed a nine month moratorium on the issuance of development permits or approvals for pain management clinics in the unincorporated St. Lucie County. 2. Since that time, county staff has been analyzing the effects of pain management clinics in the County and considering additional standards under the zoning and land development regulations to recommend to the Board for approval. 3. St. Lucie County has recently been made aware that the Florida Legislature will likely pass legislation to regulate pain management clinics and such legislation might negate the need for local regulation of these clinics. 4. Therefore it is necessary to extend the moratorium which prevents the granting of development permits or approvals for pain management clinics in the unincorporated St. lucie County, for an additional five months. 5. It is not the intent of this moratorium to interfere with legitimate medical clinics nor the legal use of controlled substances. 6. The Board of County Commissioners of St. Lucie County, Florida, finds and declares a need to extend the temporary suspension of the issuance of permits or approvals for pain management clinics. NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of St. Lucie County, Florida: PART A. EXTENTION OF MORATORIUM For the purposes set forth herein, it is in the best interest of the general public and there exists a need to extend the moratorium on the issuance of permits or approvals for pain JOSEPH E. SMITH, CLERK OF THE CIRCUIT COURT SAINT LUCIE COUNTY FILE # 3572023 03/17/2011 at 04:12 PM OR BOOK 3277 PAGE 709 - 711 Doc Type: ORDN RECORDING: $27.00 management clinics in order for the Florida Legislature to enact state laws regulating such clinics. PART B. EXPIRATION This ordinance shall expire upon the earlier of the following: five months from the effective date of this Ordinance, or upon the effective date of the Land Development Code amendments dealing with pain management clinics to be considered by the Board of County Commissioners during this moratorium or upon a vote of the Board of County Commissioners to end the moratorium. PART C. CONFLICTING PROVISIONS. Special acts of the Florida legislature applicable only to unincorporated areas of St. Lucie County, County ordinances and County resolutions, or parts thereof, in conflict with this ordinance are hereby superseded by this ordinance to the extent of such conflict. PART D. SEVERABILITY. If any portion of this ordinance is for any reason held or declared to be unconstitutional, inoperative, or void, such holding shall not affect the remaining portions of this ordinance. If this ordinance or any provision thereof shall be held to be inapplicable to any person, property, or circumstance, such holding shall not affect its applicability to any other person, property, or circumstance. PART E. APPLICABILITY OF ORDINANCE. This ordinance shall be applicable in the unincorporated area of St. Lucie County. PART F. FILING WITH THE DEPARTMENT OF STATE. The Clerk is hereby directed forthwith to send a certified copy of this ordinance to the Bureau of Administrative Code and Laws, Department of State, The Capitol, Tallahassee, Florida 32304. PART G. EFFECTIVE DATE. This ordinance shall take effect immediately upon passage of this ordinance. PART H. ADOPTION. After motion and second, the vote on this ordinance was as follows: Chris Craft, Chairman AYE Chris Dzadovsky, Vice Chairman AYE Commissioner Paula Lewis AYE Commissioner Frannie Hutchinson AYE Commissioner Tod Mowery AYE PASSED AND DULY ENACTED this 15T day of March, 2011. BOARD O UNTY C ISSIO ERS ATTE : ST. LU E NTY, IDA ~ B : , Deputy Clerk ~~.tT~~~ rig~,~r~ Chair an ' E r `A ~ ~ ~ ~ ~ ~ ~ ~ APPROV AS TO FORM ANDr `~`Y ' 1 ' ¢ t, ~ . ,,a3 ~ ~ ~f,~~~ CORRE N S ~ " x ~ ~ ,,v y ,,~y 4 ~dM ~WNO Kd° ~t 3 y~;y~ ~~'''1. !'k°* - t . t~ . , i e ~k.`^ Y r V~e n Y ~ 3~ ry"~ b v' ~5 ~ ~ • ~ a . ~.«3,; ~ °~S~Yr~.~,Md a.~..r ' BY~ ~ `:,s~„ 'N tW '.~e . ~...f 4 d 'Ai ~ v C unty Att ey ¢rr~ ~ {~M `m 4~ ~ ~ 4~ ~ ~ y ~ ' er' t.o~ 1.,~a'~ ~~'°v~ r~, ~ ~ ~ 'a ~ ~ ~ ~~r ~ . RICK SCOTT Governor March 21, 2011 Honorable Joseph E. Smith Clerk of the Circuit Court St. Lucie County 2300 Virginia Ave Fort Pierce, Florida 34982 Attention: Ms. Millie Delgado-Feliciano, Deputy Clerk Dear Mr. Smith: KURT S. BROWNING Secretary of State m Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your letter March 15, 2011 and certified copy of St. Lucie County Ordinance No. 11-009, which was filed in this office on March 21, 2011. Sincerely, ~ ~% II' u ~ ~y Liz Cloud Program Administrator LC/vm DIRECTOR'S OFFICE R.A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250 850.245.6600 FAX:850.245.6282 TDD:850.922.4085 • http://dlis.das.state.fl.us COMMUNITY DEVELOPMENT STATE LIBRARY OF FLORIDA STATE ARCHIVES OF FLORIDA 850.245.6600 • FAX: 850.245.6643 850.245.6600 • FAX: 850.245.6744 850.245.6700 ~ FAX: 850.488.4894 CAPITOL BRANCH RECORDS MANAGEMENT SERVICES ADMINISTRATIVE CODE AND WEEKLY 850.488.2812 • FAX: 850.488.9879 850.245.6750 • FAX: 850.245.6795 850.245.6270 • FAX: 850.245.6282 DIVISION OF LIBRARY AND INFORMATION SERVICES