The URL can be used to link to this page

Home My WebLink About10-021 ORDINANCE NO. 30-021 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS FOR ST. LUCIE COUNTY, FLORIDA, DEFINING "PAIN MANAGEMENT CLINIC"; IMPOSING A 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. In the Spring of 2009, the State Attorney's Office for the 17t"Judicial Circuit in Broward County, Florida, issued an interim report on "The Proliferation of Pain Clinics in South Florida" which established the following facts: (i) in 2008, an average of 13.5 deaths per day in Florida were attributed to prescription drugs; and (ii) pain clinics are migrating north from Broward County. 2. St. Lucie County has recently been made aware by law enforcement and news reports that a pattern of illegal drug use and distribution has been associated with some pain management clinics in South Florida. 3. News media such as the Miami Herald, the Sun-Sentinel, and the Palm Beach Post have published numerous articles in recent months describing the "pipeline" trafficking drugs from some South Florida pain management clinics to users from other states such as Kentucky, West Virginia, and Ohio. 4. Several counties and municipalities in South Florida have enacted restrictions on pain management clinics or have enacted moratoriums on new pain management clinics in their jurisdictions. Such restrictions or temporary bans could result in pain management clinics migrating to St. Lucie County. 5. The threat of illegal narcotic activity and increased crime associated with such clinics is significant and could undermine the economic health of the County. JOSEPH E. SMITH, CLERK OF THE CIRCUIT COURT SAINT LUCIE COUNTY FILE # 3489797 07/01/2010 at 09:03 AM OR BOOK 3209 PAGE 1015 - 1018 Doc Type: ORDN RECORDING: $35.50 6. County staff is directed to analyze the effects of pain management clinics in the County, to analyze the criteria for such additional standards under the zoning and land development regulations in connection with the issuance of any development permits, business licenses, or approvals for the location of pain management clinics within the unincorporated St. Lucie County, Florida, to analyze any new laws regarding pain management clinics enacted by the Florida Legislature, and to make recommendations which will better promote the health, safety, and general welfare of the County. 7. While staff is undergoing its analysis, and in order to prevent the occurrence during this period of uses which are incompatible with the intent of the zoning and land development regulations, it is necessary to establish a moratorium which prevents the granting of development permits or approvals for pain management clinics in the unincorporated St. Lucie County, during this period. 8. It is not the intent of this moratorium to interfere with legitimate medical clinics nor the legal use of controlled substances. 9. The Board of County Commissioners of St. Lucie County, Florida, finds and declares a need to temporarily suspend further issuance of permits or approvals for pain management clinics until such time that appropriate regulations can be adopted in order to best assess whether the County should review its zoning and land development regulations in connection with pain management clinics. NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of St. Lucie County, Florida: PART A. DEFINITION "Pain Management Clinic" means aprivately-owned 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 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 of the injury that is the case of the pain for more than 90 days after surgery. V PART B. DECLARATION OF MORATORIUM For the purposes set forth herein, it is in the best interest of the general public and there exists a need to declare a moratorium on the issuance of permits or approvals for pain management clinics in order for staff to examine and make recommendations to its County Commission as to the criteria to be considered by the County Commission for the establishment of pain management clinics. PART C. EXPIRATION This ordinance shall expire upon the earlier of the following: nine 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 D. 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 E. 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 F. APPLICABILITY OF ORDINANCE. This ordinance shall be applicable in the unincorporated area of St. Lucie County. PART G 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 H. EFFECTIVE DATE. This ordinance shall take effect immediately upon passage of this ordinance. PART I. ADOPTION. After motion and second, the vote on this ordinance was as follows: Charles Grande, Chairman Aye Doug Coward, Vice Chairman Aye Commissioner Chris Dzadovsky Aye Commissioner Chris Craft Aye Commissioner Paula Lewis Aye PASSED AND DULY ENACTED this 15t" day of June, 2010. ATT Deputy Clerk G~ ~ ~ ,; d'i'y h ~ ~ d N'h~x , ~,~ ~ ~ ;~ 1 ~~ ; :r ~~ .~ ; ~~~; ~ BOARD OF- - N 1 COMMISSIONERS ST. CIE F RIDA BY: C airman APPROVED AS TO FORM( AND ; CORRECTNESS __ ti~ '~- r''~ ;~ ~y ~ ~d~ use /,s~Jya ~ y 'v' (.J =~ CHARLIE CRIST Governor June 29, 2010 Honorable Joseph E. Smith Clerk of the Circuit Court St. Lucie County Post Office Drawer 700 Fort Pierce, Florida 34954 Attention: Ms. Millie Delgado-Feliciano, Deputy Clerk Dear Mr. Smith: m Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your letter dated June 24, 2010 and certified copies of St. Lucie County Ordinance Nos. 10-011 and 10-021, which were filed in this office on June 28, 2010. Sincerely, ~ ~~; ~ „w. Liz Cloud Program Administrator LC/srd DIRECTOR'S OFFICE R.A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250 850.245.6600 FAX:850.245.6735 • TDD:850.922.4085 http://dlis.dos.state.tl.us COMMUNITY DEVELOPMENT STATE LIBRARY OF FLORIDA 850.245.6600 • FAX: 850 245 6643 STATE ARCHIVES OF FLORIDA . . 850.245.6600 FAX: 850.245.6744 850.245.6700 • FAX: 850.488.4894 LEGISLATIVE LIBRARY SERVICE RECORDS MANAGEMENT SERVICES 850.488.2812 • FAX: 850 488 9879 ADMINISTRATIVE CODE AND WEEKLY . . 850.245.6750 • FAX: 850.245.6795 850.245.6270 • FAX: 850.245.6282 DAWN K. ROBERTS Interim Secretary of State STATE LIBRARY AND ARCHIVES OF FLORIDA