HomeMy WebLinkAbout11-017~ ~(:
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~~~ AN ORDINANCE OF THE ST. LUCIE BOARD OF COUNTY
COMMISSIONERS AMENDING THE ST. LUCIE COUNTY LAND
DEVELOPMENT CODE TO ADDRESS PAIN MANAGEMENT CLINICS
BY AMENDING SECTION 2.00.00 DEFINITIONS; BY AMENDING
SECTION 3.01.03 ZONING DISTRICTS; BY CREATING SECTION
7.10.29 FOR PAIN MANAGEMENT CLINIC SUPPLEMENTAL
STANDARDS; PROVIDING FOR CONFLICTING PROVISIONS,
SEVERABILITY AND APPLICABILITY; PROVIDING FOR FILING WITH
THE DEPARTMENT OF STATE; PROVIDING FOR ADOPTION AND
CODIFICATION AND AN EFFECTIVE DATE; PROVIDING FOR
AUTOMATIC EXPIRATION OF THE MORATORIUM ON NEW PAIN
MANAGEMENT CLINICS UPON EFFECTIVE DATE OF THIS
ORDINANCE
WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has
made the following determinations:
1. WHEREAS, the Centers for Disease Control and Prevention reported on June
18, 2010 that emergency department visits involving nonmedical use of certain
prescription drugs more than doubled during 2004-2008 in the United States, and
findings indicate a substantial increase in deaths related to the nonprescription
use of drugs, despite efforts to control the problem. The report concludes that
"stronger measures to reduce the diversion of prescription drugs to nonmedical
purposes are needed urgently' ;.and
2. WHEREAS, the County Commission has been made aware by law enforcement
and news reports that a pattern of illegal drug use and distribution has been
associated with pain management clinics in neighboring municipalities, which
dispense on-site narcotic drugs; and
3. WHEREAS, the County Commission finds that the illegal sale, use, and delivery
of controlled substances is a threat to the health, safety and welfare of the
residents of the County; and
4. WHEREAS, in the absence of regulations identifying and monitoring where
narcotic drugs may be dispensed, the County's residents, visitors and
businesses are more vulnerable to criminal actions, despite the provision of law
enforcement services; and
Pa e 1 of 7 J' OSEPH E. SMITH, CLERK OF THE CIRCUIT COURT
g SAINT LUCIE COUNTY
FILE # 3604694 06127(2011 at 0424 PM e ORDN
C)R BOOK 3304 PAGE 382 - 388 Doc Typ
RECORDING: $61.00
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5. WHEREAS, on June 15, 2010, the Board of County Commissioners adopted
Ordinance 10-021 imposing a moratorium on development permits or approvals
for pain clinics in order for staff to research and make recommendations as to the
criteria to consider for establishment of pain clinics in the County's Land
Development Cade; and
6. WHEREAS, County staff reviewed the latest Florida legislation adopted as
Chapter 2010-211, Laws of Florida (SB2272), effective on October 1, 2010,
various reports and regulations related to pain management clinics and
recommend that additional standards be incorporated into the County's Land
Development Cade to protect the public health, safety and general welfare; and
7. WHEREAS, it is the intent of this Ordinance not to interfere with the legitimate
medical use of controlled substances, but rather to regulate the location of pain
management clinics to the extent permitted by law and to establish a registration
process for pain management clinics for local monitoring purposes; and
8. On April 21, 2011, the Lacal Planning AgencylPlanning and Zoning Commission
held a public hearing on the proposed Ordinance after publishing notice in the St.
Lucie News Tribune at least 10 days prior to the hearing and recommended that
the proposed Ordinance be approved; and
9. On June 7, 2011, this Board held its first public hearing on the proposed
Ordinance, after publishing a notice of such hearing in the St. Lucie News Tribune
on May 27, 2011; and
10.On June 21, 2011 this Board held its second public hearing on the proposed
Ordinance, after publishing a notice of such hearing in the St. Lucie News Tribune
on June 10, 2011; and
11. The proposed amendments to the St. Lucie County Land Development Code are
consistent with the general purpose, goals, and objectives of the St. Lucie County
Comprehensive Plan and are in the best interest of the health safety and public
welfare of the citizens of St. Lucie County, Florida; and
12.It is the purpose and intent of this Ordinance to promote the health, safety and
general welfare of the residents and businesses of the County through the
adoption of regulations to reduce the potential of adverse impacts from pain
management clinics through the adoption of zoning regulations and supplemental
standards related to the location and monitoring of pain management clinic uses
within the County.
Page 2 of 7
NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of
St. Lucie County, Florida:
The St. Lucie County Land Development Code is hereby amended by adding the words
shown in underlined type:
PART A.
THE SPECIFIC AMENDMENTS TO THE ST. LUCIE COUNTY LAND DEVELOPMENT
CODE CAUSING THE CODE TO READ AS FOLLOWS:
CHAPTER II DEFINITIONS
2.00.00. DEFINITIONS
Pain Specialist (Approved)
Approved pain specialist means a physician, or group of physicians licensed under
either Chapter 458 or Chapter 459, Florida Statutes, and who comply with State of
Florida rules for medical doctors and osteopathic physicians.
Pain Management Clinic:
Pain management clinic means the same as the definition found in Section
458.3265(,~(a), Florida Statutes (2010), as may be amended from time to time.
Pharmacy:
Pharma~ means the same as the definition in Sec. 465.003, Florida Statutes (2010),
as may be amended from time to time.
CHAPTER III ZONING DISTRICTS
3.01.03. Zoning Districts
A.-R. NO CHANGE
S. CG Commerical, General
1.-6. NO CHANGE
7. Conditional Uses
a-i. NO CHANGE
j. Pain Management Clinic
j- k. Sporting and recreational camps. {7032}
Page 3 of 7
1 l~l. Retail trade:
2 (1} Liquor stores. (592)
3 ~ m. Stadiums, arenas, and race tracks. (794}
4 t~ n. Telecommunication towers -subject to the standards of Section
5 7.10.23. {999}
6 8. NO CHANGE
7 T.-HH.NO CHANGE
8
9 CHAPTER VII DEVELOPMENT DESIGN AND IMPROVEMENT STANDARDS
10
11 7.00.00. General Provisions
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13 7.10.00. Supplemental Standards.
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15 Section 7.10.00 is hereby amended to create a new Section 7.10.29 "Pain Management
16 Clinic" as follows:
17
18 7.10.29 Pain Management Clinic.
19
20 The followingprovisions are intended to promote the health and general welfare of the
21 residents of St. Lucie County through the regulation of pain management clinics within
22 unincorporated St. Lucie County.
23 A. Pain Management Clinics shall be subject to the following:
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25 1. Each pain management clinic shall at all times, be in compliance with each and
26 every_provision of this section, as well as all applicable federal laws, state laws,
27 administrative rules, and county codes.
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29 2. A pain management clinic shall be permitted only as a conditional use in the
30 Commercial General Zoning District, as provided in Section 3.01.03(S)(7), St.
31 Lucie County -Land Development Code (LDC), and must be operated by an
32 approved pain specialist, or as a Florida Agency for Health Care Administration
33 DACHA) licensed operation, under Chapter 400, Part X, Florida Statutes, and
34 as otherwise required by Florida law. In addition to the regulations in this
35 section, all provisions of the LDC for conditional use permits, shall applLr.
36
37 3. In the event the owner or operator of a state licensed or designated pain
38 management clinic has such license or designation revoked by the Florida
39 Board of Medicine, the Florida Board of Osteopathic Medicine or bYACHA, any
40 conditional use permit granted for a pain management clinic shall
41 simultaneously be revoked, and shall thereafter be null and void.
Page 4 of 7
1
2 4. A change in ownership of a pain management clinic shall require a major
3 adjustment to the conditional use permit authorizing the use.
4
5 5. Location. Any new pain management clinic shall only be located in the CG
6 (Commercial, General Zoning District, subject to the other requirements of this
7 section and all applicable federal, state, local and other agency provisions.
8
9 B. Distance requirements. The following distances shall be measured by straight line
10 measurement without regard to intervening buildings from the nearest point of the
11 building or unit within a building in which the proposed clinic is to be located to the
12 nearest point of the lot, use, or right-of-way line from which the proposed clinic is
13 to be separated.
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15 1. No pain management clinic shall commence operation within 500 feet of any
16 otherpain management clinic.
17
18 2. No pain management clinic shall commence operation within 500 feet of a
19 pharmacy, unless such pharmacy shall have pre-dated the pain management
20 clinic by at least one (1) year.
21
22 3. No pain management clinic shall be located within 1,000 feet of real property
23 comprising a residence, child care facility, public or private elementary, middle, or
24 secondary schaal, park, community center or public recreation facility, church or
25 religious facility
26
27 C. Other regulations.
2$
29 1. It shall be unlawful for any clinic to be open for operation between the hours of
30 6:00 p.m. and 7:00 a.m.
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32 2. The number of parking spaces required for pain management clinics shall be
33 the same as for those required of medical offices, the Planning and
34 Development Services Director may require the applicant to submit a parking
35 analysis study if the Director has concerns as to the safety, sufficiency or
36 configuration of available vehicle parking based on the unique circumstances
37 of the site.
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39 3. All state licenses and permits shall be provided to the County prior to the
40 issuance of any occupation authorizations, licenses, permits or renewals
41 issued by the Count rte.
Page 5 of 7
PART B. 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 C. 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, ar circumstances, such holding shall not affect its applicability to any other
person, property or circumstances.
PART D. APPLICABILITY OF ORDINANCE.
This Ordinance shall be applicable in the unincorporated area of St. Lucie County.
PART E. CODIFICATION
It is the intention of the Board of County Commissioners, and it is hereby ordained that
the provisions of this Ordinance shall become and be made a part of the Code of the
County of St. Lucie, Florida; that the Sections of this Ordinance may be renumbered or
re-lettered to accomplish such intentions; and that the word "Ordinance" shall be
changed to "Section" or other appropriate word.
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 Laws, Department of State, The Capitol, Tallahassee, Florida,. 32304.
PART G. EFFECTIVE DATE
This Ordinance shall take effect upon filing of a certified copy of this Ordinance with the
Department of State.
PART H. MORATORIUM
The moratorium on new pain management clinics which was approved by the Board of
County Commissioners on June 15, 2010 and extended on March 1, 2011, shall
automatically expire upon the effective date of this ordinance.
Page 6 of 7
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PART 1. ADOPTION
After motion and second, the vote on this Ordinance was as follows:
Chairman Chris Craft AYE
Vice Chairman Chris Dzadovsky AYE
Commissioner Paula A. Lewis AYE
Commissioner Frannie Hutchinson AYE
Commissioner Tad Mowery AYE
PASSED AND DULY ADOPTED this 21ST day of June, 2011.
BOARD OF COUNTY COMMISSIONERS
ST. LUCIE COUNTY, FLORIDA
,~ ~
BY
ATTEST
uty Clerk
Chair~fian
ounty Attorney
Page 7 of 7
APPROVED AS TO FORM
AND CORRECTNESS
~,
'~~i
RICK SCOTT DIVISION OF LIBRARY AND INFORMATION SERVICES KURT S. BROWNING
Governor Secretary of State
June 3 0, 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:
Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your
letter dated June 24, 2011 and certified copy of St. Lucie County Ordinance No. 11-017, which was filed
in this office on June 29, 201 1.
Sincerely,
~~
Liz Cloud
Program Administrator
LC/vm
DIRECTOR'S OFFICE
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