Agenda 12/14/2010 Item #17D
Agenda Item No. 170
December 14. 2010
Page 1 of 8
EXECUTIVE SUMMARY
Sheriff request to the Board of County Commissioners to adopt a County
ordinance establishing a moratorium on the establishment of new pain
management clinics within Collier County while the County Attorney's
Office and County Staff, working with the Sheriff and other community
partners, analyze the needs and bring back to the Board at a future
advertised public meeting an ordinance that restricts or regulates pain
management clinics.
OBJECTIVE: That the Board of County Commissioners ("Board") considers
adoption of an Ordinance establishing a moratorium on new pain management
clinics while staff, working with the Sheriff and other community partners, analyze
the need for and develop the necessary language for further regulation of pain
management clinics. The regulations would be a measure to halt the
proliferation of pain management clinics and limit the abuse of prescriptions
drugs within Collier County.
~
CONSIDERATIONS: Florida's SB 2272 was established to regulate the
establishment and operation of pain management clinics to avoid the misuse and
diversion of certain categories of prescription drugs. Provisions of the bill
became effective October 1, 2010, but have not been fully implemented and
when implemented will not likely be sufficient to address the abuse of
prescription drugs in Collier County. In addition, the law adopted last year
establishing a statewide prescription drug monitoring program has not been
funded or implemented. Therefore, to date both laws are ineffective in the efforts
to combat drug abuse. The abuse of prescription drugs is the fastest growing
drug problem, and local regulation is in the public interest and will provide an
alternative to help address a significant drug abuse problem until the statewide
programs can be fully funded and implemenled.
Many Florida counties and municipalities have adopted ordinances that place a
moratorium on new pain management clinics or create a licensing procedure and
limit new pain management clinics.
FISCAL IMPACT: The advertising of the proposed ordinance has been paid by
the Sheriff.
GROWTH MANAGEMENT IMPACT: There will be no growth management
impact associated with enactment of the proposed ordinance.
..-
LEGAL CONSIDERATIONS: The proposed temporary moratorium ordinance is
legally sufficient for Board action. If approved, the County Attorney's Office and
County staff will work with the Sheriff's Office to analyze the need for and create
a mutually acceptable proposed ordinance providing for a comprehensive
regulation of pain management clinics. - JAK
Agenda Item No. 17D
December 14. 2010
Page 2 of 8
RECOMMENDATION: That the Board adopts the proposed moratorium on new
pain management clinics that would be effective for one year or until the
statewide programs are fully implemented, and or, a comprehensive ordinance to
adequately regulate pain management clinics is adopted thereby helping to limit
the abuse of certain prescription drugs in Collier County.
PREPARED BY: Michael Hedberg, Esquire, Captain, Legal Services, Collier County
Sheriff's Office
Agenda Item No 17D
December 14, 2010
Page 3 of 8
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Meeting Date:
liD
Sheriff request to the Doard of County Commissioners to adopt a County ordinance
establishing a moratorium on the establishment of new pain management clinics within
Collier County wltile tlte County Attorneys Office and County Staff, working with the Sheriff
;emu other cornrnunily partners, analyze tt18 tl(~eds and bring back to the Board at a future
advertised public rneeling an ordimmce ttlal restricts or regulates pain management clinics.
1211412010 f).OO:OOAM
Item Number:
Item Summary:
Approved By
~jdf Kliltz.kow
(;r)unly AUCnl(~Y
Date
12/1/20109:10 AM
A pproved By
or,,18 Coordinator
Date
COllQly F"jall;l~I~~r's Offi',t>
"1jfi':,? of M;'1na~F'm'?!lt r!, Duchm!
12/3/2010 12:43 PM
Approved By
r;alld'l (;le~~n\,-\'al(1
n':~cJll;!W,IIl(:'l'li8udqrt 1I11iliyst
Dale
Office of 1\},lanCl~J€ni'~nt ,'l,
[';ud'l(,1
()~ncc of ~,1"n;1~CnlCt:t 8. Bud;;ct
12/3/20102:02 PM
App..oved By
Leu E. ("C;\';. .,It.
":i~I,I~ity Maj1<1q':1
Date
CO\I:1tV rjl,')IV'~J~~r$ ')fii(:t'O.
.'H Itltv rl,'l,'I,;:Ht<:~r,; OHic:i:
12/5/2()"\{) 9:02 PM
r'genda Item No. 170
Oecember 14. 20'10
Page 4 of 8
ORDINANCE NO. l() -
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA, PERTAINING TO PAIN CLINICS;
ESTABLISHING A MORATORIUM ON THE ISSUANCE OF
BUSINESS TAX RECEIPTS FOR THE OPERATION OF "PAIN
CLINICS" AND "PAIN MANAGEMENT CLINICS" IN THE
UNINCORPORATED AND INCORPORATED AREAS OF COLLIER
COUNTY FOR THE SHORTER OF (I) 12 MONTHS OR (2) THE
ENACTMENT OF A REPLACEMENT ORDINANCE; PROVIDING
FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE
COLLIER COUNTY CODE OF LAWS AND ORDINANCES; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, pursuant to Article VIII, Section I of the Florida Constitution, and
Chapter 125, Florida Statutes, Collier County is authorized to protect the public health, safety,
and welfare of its residents and has the powcr and authority to enact ordinances and regulations
for valid governmental purposes that are not inconsistent with general or special law; and
WHEREAS, Collier County. by and through its Board of County Commissioners,
wishes to promote, protect and improve the hcalth, safety and welfare of the citizens of Collier
County; and
WHEREAS, the Collier County Board of County Commissioners has been advised by
the Collier County Sheriff's Oflice that a pattern of illegal drug use and distribution has been
linked in large part to ccrtain pain management clinics operating in and around Collier County;
and
WHEREAS, the illegal narcotic actlVlty and increased crime associated with such
clinics has created an urgent situation requiring immcdiate action to reducc the threat to the
health, safety and welfare of Collier County citizens: and
WHEREAS, the Florida Lcgislaturc has identilied identical concerns regarding the
incrcased use and jj'equcncy of injury and death occurring through use of certain pain
management clinics by pcrsons obtaining prescription drugs for improper purposes; and
WHEREAS, many countics and municipalities in Florida havc established moratoria
on new pain management clinics to curb negative impacts created by these clinics, such as
illegal prcscription drug trafficking and sales of illegal drugs around the clinics, loitering by
pain cI inic customcrs while waiting in long lincs to reccive drugs and loitering in areas
surrounding the clinics; and
WHEREAS, due to the increasing number of counties and municipalities establishing
moratoria on new pain management clinics, without regulation Collier County could become a
target for the location and relocation of pain management clinics; and
{I,genda Item No. 17D
December 14. 2010
Page 5 of 8
WHEREAS, the illegal activities associated with certain pain management clinics
creates a public health threat to the citizens of Collier County; and
WHEREAS, it is not the intent of this Ordinance to interfere with legitimate medical
clinics or the legal use of controlled substances; and
WHEREAS, the Board of County Commissioners hereby directs County staff to
analyze the effects and potential effects of any pain management clinics in Collier County and
to analyze whether additional standards should be incorporated into the Collier County Land
Development Code relating to the establishment and location of pain management clinics
within the County which would further and promote the public health, safety, morals and
general welfare; and
WHEREAS, while County staff is undergoing its analysis, and in order to prevent the
occurrence of uses which are incompatible with the intent of this Ordinance during this
evaluation period, the Board of County Commissioners has determined that placing a
temporary moratorium on the opening of new pain management clinics will provide
appropriate interim oversight of the proliferation of these establishments.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, I<LORIDA, that:
SECTION ONE: Recitals.
The recitals set forth above, incorporated herein, are hereby found true and correct.
SECTION TWO: Definitions.
For thc purpose of this Ordinance, "pain clinic" and "pain management clinic" are
defined as a privately owned clinic, facility or office which advertises in any medium for any
type of pain management services, or employs a practitioner who is 'primarily engaged in the
treatment of pain, and is required to register with the Florida Department of Health pursuant to
Sections 458.3265 or 459.0137, Florida Statutes (2010).
SECTION THREE:
Tcmporary Moratorium Dcclared.
Collier County hereby imposes an immediate moratorium, commencing on the effective
date of this Ordinance, on the submission, processing and issuance of business tax receipts for
Pain Clinics and Pain Management Clinics within all of Collicr County for the shorter of (I) 12
months or (2) the enactment of a new ordinance by Collier County. Collier County may extend
this moratorium by resolution if it makes a legislative detenl1ination that it is in the best
interests of the citizens of Collier County to do so. Applications for Business Tax Receipts for
the operation of Pain Clinics and Pain Management Clinics received after the effective date of
this Ordinance, shall be held in abeyance until the expiration of the moratorium period.
2
A(jenda Item No. 17D
December 14. 2010
Page 6 of 8
SECTION FOUR:
Additional Land Development Regulations.
During the temporary moratorium imposed, County staff shall review, research and
make recommendation to Collier County regarding minimum consideration for additional land
development regulations relating to pain management clinics. SUCh recommendations shall
consider, but not be limited to, the following considerations:
a. Prohibiting new or expanded pain management clinics in certain zoning districts;
b. Limitations on hours of operation;
c. Vehicular parking restrictions;
d. Law enforcement/emergency scrvice mitigation payments; and
e. Othcr issues relating to pain management clinics that become apparent during staffs
analysis of the effects and potential effects of any pain management clinics in the
County.
SECTION FIVE:
Geographical Application.
This llloratorium shall apply throughout the unincorporated and incorporated areas of
Collier County. except to the extent that a municipality has adopted an ordinance in conflict
with this section.
SECTION SIX:
Severability .
If any section, subsection, sentence, clause, phrasc or provision of this Ordinance is for
any reason hcld invalid or unconstitutional by any court of competent jurisdiction, such
holding shall not be construed to render the remaining provisions of this Ordinance invalid or
unconstitutional.
SECTION SEVEN: Inclusion in the Code of Laws and Ordinances.
The provisions of this Ordinance shall becomc and be made a part of the Code of Laws
and Ordinances of Collier County, Florida. The sections of thc Ordinance may be renumbered
or relettcred to accomplish such, and the word "ordinance" may be changed to "section",
"article", or any othcr appropriate word.
SECTION EIGHT:
Effective Date.
State.
This Ordinancc shall become effective upon filing with the Florida Department of
3
Agenda Item r,o. 17D
December 14, 2010
Page 7 of 8
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
County, Florida, this 14th day of December, 2010.
ATTEST:
DWIGHT E. BROCK, CLERK
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
, Dcputy Clerk
By:
FRED W. COYLE, CHAIRMAN
By:
Approved as to form
an Ie a fficieney:
Jeftl
Cou y
"-.".-.,,,..~.....
4
Agenda Item NO.17D
December 14, 2010
P"ge 8 of 8
Naples DaDy News. Sunday, November 28, 2010 . 21D
Legals
Legals
NOTICE OF INTENT TO CONSIDER ORDINANCE
Notice is hereby gi'.!en that en Tuesday, December 14, 2010, in the BoardrOom, 3rd
Floor, Administration Building, Collier County Government Centeri 3299 'last Ta.
miami Trail, Naples, Florida, the Board of County Commissioners will consider the
enactment of a County Ordinance. The meeting wilt commence at 9:00 A.M. The
title of the proposed Ordinance is as follows: .
AN ORDINANCE OF THE aOARD' OF COUNTY COMMISSIONERS OF COLLIER COUN.
TY, FLORIDA, PERTAINING TO PAIN CLINICS; ESTABLISHING A MORATORIUM ON
THE ISSUANCE OF BUSINESS TAX RECEIPTS FOR THE OPERATION OF "PAIN CLINICS"
AND "PAIN MANAGEMENT CLINICS. IN THE UNINCORPORATED AND INCO~PORAT-
ED AREAS 'OF COlLIER COUNTY FOR THE SHORTER OF (1) 12 MONTHS OR(2) THE
ENACTMENT OF A REPLACEMENT ORDINANCE; PROVIDING FOR SEVERABILITY;
PROVIDING FOR INCLUSION IN THE COLLIER COUNTY CODE Of lAWS AND ORDI.
NANCES; AND PROVIDING AN EFFECTIVE DATE.
Copies of the proposed Ordinance are on file with the 'Clerk to the Board and are
available for inspection. All interested parties are invited to attend and be heard,
NOTE: All persons wishing to speak on any agenda item murt register with the
~o-,l!n.~ _ a,dmir:.i~tr~tor"prior" tc?, pre.sel'!tatipn, of the ag~nda i.!.~m to' b~ ad~ressed.
InuiViuUdC j;p€d"'l::!r~ Will U~ Il111llea to" mmutes on any Item. lne selection ot an In-
dividual to spei;lk on behalf of an organization or group is encouraged. If recog-
nized by the Chairman, a spokesperson for a group or organization may be allotted
10 minutes to speak on an item. .
Persons wishing to have_ written or graphic materials included in the Board agenda
pael(ets mu~t submit said material a minimum of 3 weeks prior to the respective
public hearing. In any case, written materials intended to be considered by the
Board shall be submitted to the appropriate County staff a minimum of seven days
prior to the publiC hearing, Al~ material ,used, in presentations before the Board
will become a permanent part of the record:' '
Any person who decides to appeal a decision of the Board will need a record of the
proceedings pertaining thereto and trerefore, 'may need to ensur~ 'that a verbatim
record of the proceedings is made, which re~ord includes the testimony and evi.
de nee upon which the appeal is based.
If you are a penon with a ,disability who needs any accommodation in order to par.
tiClpi'lte in this proceeding, you ari'> entItled, at no cost to you, to the provision of
certain assistanle. Please contact the Collier County Facilities Management Depart-
ment, located at 3335 Tamiami Trail East, Building W, Suite #101, Naples, Florida
34112. (239)252-8380. Assisted listening devices for the hearing impaired are avail-
able in the County Commissioners' Office.
BOARD Of COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
rRED COYLE, CHAIRMAN
DWIGHT E, BROCK, C.lERK ,
By: Martha Vergara, Deputy Clerk
(SEAL)
Nnvpmhpf?R 7010
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