Backup Documents 12/14/2010 Item #17DCOLLIER COUNTY FLORIDA
REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS
To: Clerk to the Board: Please place the following as a:
® Normal legal Advertisement
(Display Adv., location, etc.)
❑ Other:
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Originating Dept/ Div: County Attorney Person: Jeffrey A. Klatzkow Date: November 17, 2010
Petition No. (If none, give brief description): Pain Management Clinic Ordinance b
Vn
Petitioner: (Name & Address): Collier County Sheriffs Office MiC X41
cq,-A . lxdoal
Name & Address of any person(s) to be notified by Clerk's Office: (If more space is needed, attach separate sheet)
Hearing before BCC BZA Other
Requested Hearing date: (Based on advertisement appearing 17 days before hearing.) December 14, 2010 (ad to run on Friday,
November 26, 2010)
Newspaper(s) to be used: (Complete only if important):
® Naples Daily News
❑ Other
Proposed Text: (Include legal description & common location & Size)
.® Legally Required
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 (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 ORDINANCES; AND PROVIDING
AN EFFECTIVE DATE.
Companion petition(s), if any & proposed hearing date: None
Number to be charged for advertising costs: P.O. 4500122259
l t 6
or Designee Date
List Attacimetts: proposed ordinance
DISTRIBUTION INSTRUCTIONS
A. For hearings before BCC or BZA: Initiating person to complete one copy and obtain Division Head approval before
submitting to County Manager. Note: If legal document is involved, be sure that any necessary legal review, or request
for same, is submitted to County Attorney before submitting to County Manager. The Manager's office will distribute
copies:
❑ County Manager agenda file: to ❑ Requesting Division ❑ Original
Clerk's Office
B. Other hearings: Initiating Division head to approve and submit original to Clerk's Office, retaining a copy for file.
FOR CLERK'S OFFICE USE
Date Received: Date of Public hearing: V V Date Advertised: tJ
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ORDINANCE NO. 10 -
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 (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 ORDINANCES; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, pursuant to Article VIII, Section 1 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 power 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 health, 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 Sheriffs Office that a pattern of illegal drug use and distribution has been
linked in large part to certain pain management clinics operating in and around Collier County;
and
WHEREAS, the illegal narcotic activity and increased crime associated with such
clinics has created an urgent situation requiring immediate action to reduce the threat to the
health, safety and welfare of Collier County citizens; and
WHEREAS, the Florida Legislature has identified identical concerns regarding the
increased use and frequency of injury and death occurring through use of certain pain
management clinics by persons obtaining prescription drugs for improper purposes; and
WHEREAS, many counties and municipalities in Florida have established moratoria
on new pain management clinics to curb negative impacts created by these clinics, such as
illegal prescription drug trafficking and sales of illegal drugs around the clinics, loitering by
pain clinic customers while waiting in long lines to receive 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
loo
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, FLORIDA, that:
SECTION ONE: Recitals.
The recitals set forth above, incorporated herein, are hereby found true and correct.
SECTION TWO: Definitions..
For the 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 45 8.3 265 or 459.013 7, Florida Statutes (2010).
SECTION THREE: Temporary Moratorium Declared.
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 Collier County for the shorter of (1) 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 determination 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.
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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 service mitigation payments; and
e. Other issues relating to pain management clinics that become apparent during staff's
analysis of the effects and potential effects of any pain management clinics in the
County.
SECTION FIVE: Geographical Application.
This moratorium 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, phrase or provision of this Ordinance is for
any reason held 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 become and be made a part of the Code of Laws
and Ordinances of Collier County, Florida. The sections of the Ordinance may be renumbered
or relettered to accomplish such, and the word 'ordinance" may be changed to "section ",
"article ", or any other appropriate word.
SECTION EIGHT: Effective Date.
This Ordinance shall become effective upon filing with the Florida Department of
State.
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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
, Deputy Clerk
Approved as to form
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
M.
FRED W. COYLE, CHAIRMAN
I
17D
Acct. #068784
November 18, 2010
Attn: Legals
Naples News Media Group
1100 Immokalee Road
Naples, Florida 34110
Re: Ordinance Pertaining to Pain Management Clinics
Dear Legals:
Please advertise the above referenced notice on Friday, November 26, 2010, and
kindly send the Affidavit of Publication, in duplicate, together with charges
involved to this office.
Thank you.
Sincerely,
Martha Vergara,
Deputy Clerk
P
17Q
NOTICE OF INTENT TO CONSIDER ORDINANCE
Notice is hereby given that on Tuesday, December 14, 2010, in the
Boardroom, 3rd Floor, Administration Building, Collier County
Government Center, 3299 East Tamiami Trail, Naples, Florida, the Board
of County Commissioners will consider the enactment of a County
Ordinance. The meeting will commence at 9:00 A.M. The title of the
proposed Ordinance is as follows:
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 (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 ORDINANCES;
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 must register
with the County administrator prior to presentation of the agenda item
to be addressed. Individual speakers will be limited to 3 minutes on
any item. The selection of an individual to speak on behalf of an
organization or group is encouraged. If recognized 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 packets must 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. All 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 therefore, may need
to ensure that a verbatim record of the proceedings is made, which
record includes the testimony and evidence upon which the appeal is
based.
170
If you are a person with a disability who needs any accommodation in
order to participate in this proceeding, you are entitled, at no cost
to you, to the provision of certain assistance. Please contact the
Collier County Facilities Management Department, located at 3335
Tamiami Trail East, Building W, Suite #101, Naples, Florida 34112,
(239)252 -8380. Assisted listening devices for the hearing impaired are
available in the County Commissioners, Office.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
FRED COYLE, CHAIRMAN
DWIGHT E. BROCK, CLERK
By: Martha Vergara, Deputy Clerk
(SEAL)
4 f L1
`nt of Collier
CLERK OF THE tIRC�IT COURT
Dwight E. Brock COLLIER COUNTY,�OUR- fPOUSE
g 3301 TAMIAMI' IL EAST Clerk of Courts
Clerk of Courts Accountant
P.O. BOX 4 3044 \N
NAPLES, FLORIDA 4101 -3 44 Auditor
Custodian of County Funds
November 18, 2010
Collier County Sheriff's Department
Capt. Michael Hedberg
3319 Tamiami Trail E, Bldg. J
Naples, FL 34112
Re: Ordinance Pertaining to Pain Management Clinics
Dear Petitioner,
Please be advised that the above referenced petition will be considered by the
Board of County Commissioners on Tuesday, December 14, 2010, as indicated
on the enclosed notice. The legal notice pertaining to this petition will be
published in the Naples Daily News on Friday, November 26, 2010.
You are invited to attend this public hearing.
Sincerely,
DWIGHT E. BROCK, CLERK
Martha Vergara,
Deputy Clerk
Enclosure
Phone (239) 252 -2646 Fax (239) 252 -2755
Website: www.colliercierk.com Email: collierclerk@collierclerk.com
PB
Martha S. Vergara
From: Martha S. Vergara
Sent: Thursday, November 18, 2010 2:14 PM
To: Naples Daily News Legals
Subject: Ordinance Pertaining to Pain Mgmt Clinics
Attachments: Ordinance Pertaining to Pain Management Clinics (12- 14- 10).doc; Ordinance Pertaining to
Pain Management Clinics (12- 14- 10).doc
Legals,
Please advertise the following attached ad on Sunday. November 28, 2010.
Send an ok when you receive.
Thanks,
Martha Vergara, Deputy Clerk
Minutes and Records Dept.
Clerk of the Circuit Court
and Value Adjustment Board
Office: (239) 252 -7240
Fax: (239) 252 -8408
E -mail: marthamergaraftollierclerk.com
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Martha S. Vergara
From: Legals NDN [legals @naplesnews.com]
Sent: Thursday, November 18, 2010 4:00 PM
To: Martha S. Vergara
Subject: RE: Ordinance Pertaining to Pain Mgmt Clinics
Attachments: image001.]pg
OK
Happy Thanksgiving!
Emely Pagan
Lega[ Dept.
Xapfes Dady Ar ws
1100 Immo4ree mad
%apres, TG. 34110
Legal Line: 239 -213 -6061
Email: legals@naplesnews.com
From: Martha S. Vergara fmailto :Martha.Vergara(5)collierclerk coml
Sent: Thursday, November 18, 2010 2:14 PM
To: Legals NDN
Subject: Ordinance Pertaining to Pain Mgmt Clinics
Legals,
Please advertise the following attached ad on Sunday. November 28, 2010.
Send an ok when you receive.
Thanks,
Martha Vergara, Deputy Clerk
Minutes and Records Dept.
Clerk of the Circuit Court 170
and Value Adjustment Board
Office: (239) 252 -7240
Fax: (239) 252 -8408
E -mail: martha.vergara@collierclerk.com
Please visit us on the web at www.collierclerk.com
This electronic communication is confidential and may contain privileged information intended solely for the named addressee(s). It may not
be used or disclosed except for the purpose for which it has been sent. If you are not the intended recipient, you must not copy, distribute or
take any action induced by or in reliance on information contained in this message.
Unless expressly stated, opinions in this message are those of the individual sender and not of the Office of the Clerk of the Circuit Court of
Collier County. If you have received this communication in error, please notify the Clerk's Office by emailing helodesk(abcollierclerk.com
quoting the sender and delete the message and any attached documents. The Collier County Clerk's Office accepts no liability or responsibility
for any onward transmission or use of emails and attachments having left the CollierClerk.com domain.
Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to
a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing.
yarn 1� aquwAll G"'`l`cs
Martha S. Vergara
From: Pagan, Emely [EPagan @Naplesnews.com] 17D
Sent: Monday, November 22, 2010 10:21 AM
To: Martha S. Vergara
Subject: Ad Confirmation
Attachments: UASBD.jpg
ATTACHED please REVIEW your notice & confirm APPROVAL via EMAIL.
Should you have any questions, changes or corrections, please contact me via EMAIL.
No verbal changes or approvals accepted by phone, via email ONLY.
Thank you for placing your ad.
Ad Number 1877898
Total Ad Cost $274.86
Emely Pagan
239 - 213 -6061
1
17D
Martha S. Vergara
From: Naples Daily News [naplesnews @clicknbuy.com]
Sent: Saturday, November 27, 2010 11:06 PM
To: Martha S. Vergara
Subject: Thank you for placing your classified advertisement.
Ad # 1877898
Thank you for placing your classified advertisement.
The following represents the current text of your advertisement:
NOTICE OF INTENT TO CONSIDER ORDINANCE Notice is hereby given that on Tuesday, December 14,
2010, in the Boardroom, 3rd Floor, Administration Building, Collier County Government Center, 3299 East
Tamiami Trail, Naples, Florida, the Board of County Commissioners will consider the enactment of a County
Ordinance. The meeting will commence at 9:00 A.M. The title of the proposed Ordinance is as follows: 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 (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 ORDINANCES; 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 must register with the
County administrator prior to presentation of the agenda item to be addressed. Individual speakers will be
limited to 3 minutes on any item. The selection of an individual to speak on behalf of an organization or group
is encouraged. If recognized 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
packets must 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. All 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 therefore, may need to ensure that a verbatim record of the
proceedings is made, which record includes the testimony and evidence upon which the appeal is based. If you
are a person with a disability who needs any accommodation in order to participate in this proceeding, you are
entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities
Management Department, located at 3335 Tamiami Trail East, Building W, Suite #101, Naples, Florida 34112,
(239)252 -8380. Assisted listening devices for the hearing impaired are available in the County Commissioners'
Office. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA FRED COYLE,
CHAIRMAN DWIGHT E. BROCK, CLERK By: Martha Vergara, Deputy Clerk (SEAL) November 28, 2010
No1877898
You also have the exciting option to enhance your online advertisement with extended text, photos and even
multimedia! Enhancing your classified advertisement will give you increased exposure to thousands of online
shoppers that visit our classified section every day. You can also choose to add shipping and delivery options
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Enhancing ur advertisement is easy; d 17D
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If you need any assistance with your advertisement, please contact our classifieds department. 239 - 263 -4700
Thank you for using naplesnews.com Online Classifieds.
�Qirl �iVI�CS
17D
Ta�
4 3rd
�
NAPLES DAILY NEWS
Published Daily
Naples, FL 34110
Affidavit of Publication
State of Florida
Counties of Collier and Lee
Before the undersigned they serve as the authority, personally
appeared Kim Pokamev, who on oath says that she serves as
the Accounting Manager of the Naples Daily News, a daily
newspaper published at Naples, in Collier County, Florida;
distributed in Collier and Lee counties of Florida; that the
attached copy of the advertising, being a
PUBLIC NOTICE
in the matter of PUBLIC NOTICE
was published in said newspaper 1 time in the issue
on November 28, 2010
Affiant further says that the said Naples Daily News is a newspaper
published at Naples, in said Collier County, Florida, and that the said
newspaper has heretofore been continuously published in said Collier
County, Florida; distributed in Collier and Lee counties of Florida,
each day and has been entered as second class mail matter at the post
office in Naples, in said Collier County, Florida, for a period of I
year next preceding the first publication of the attached copy of
advertisement; and affiant further says that he has neither paid nor
promised any person, firm or corporation any discount, rebate,
commission or refund for the purpose of securing this advertisement for
publication in thejW4 newspaper.
Signature of affiant
Sworn to and subscribed before me
This 1 st day of December, 2010
(Signature of notary public)
11µ� PU//
�,P KAROL E KANGAS
2' ' s; "?,, S Notary Public - State of Florida
My Comm. Expires Jul 29, 2013
Commission # DO 912237
17D
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ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Office. The completed routing slip and original
documents are to be forwarded to the Board Office only after the Board has taken action on the item.}
ROUTING SLIP
Complete routing lines #I through #4 as appropriate for additional signatures, dates, and /or information needed. If the document is already complete with the
exception of the Chairman's signature, draw a line through routing lines #1 through #4- complete the rhecklicr and forward to Sne Fil— (line 9;Q
Route to Addressee(s)
List in routing order
Office
Initials
Date
1.
avoropriate.
(Initial)
Applicable)
2.
12/14/2010
Agenda Item Number
3.
signed by the Chairman, with the exception of most letters, must be reviewed and signed
1,
4. Jeffrey A. Klatzkow, County Attorney
County Attorney
JAK
12/15/2010
5. Ian Mitchell, Executive Manager BCC
Board of County Commissioners
Documents Attached
`O
6. Minutes and Records
Clerk of Court's Office
PRIMARY CONTACT INFORMATION
(The primary contact is the holder of the original document pending BCC approval. Normally the primary contact is the person who created /prepared the executive
summary. Primary contact information is needed in the event one of the addressees above, including Ian Mitchell needs to contact staff for additional or missing
information. All original documents needing the BCC Chairman's signature are to be delivered to the BCC office only after the BCC has acted to approve the
item.
Name of Primary Staff
Jeffrey A. Klatzkow, County Attorney
Phone Number
252 -8400
Contact
avoropriate.
(Initial)
Applicable)
Agenda Date Item was
12/14/2010
Agenda Item Number
Approved by the BCC
signed by the Chairman, with the exception of most letters, must be reviewed and signed
1,
Type of Document
Ordinance - Pain ics
twi4e
Number of Original
One
Attached
resolutions, etc. signed by the County Attorney's Office and signature pages from
Documents Attached
INSTRUCTIONR & C'AF.f 111 XQT
I: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05
08- MGR - 00132/33
Initial the Yes column or mark "N /A" in the Not Applicable column, whichever is
Yes
N/A (Not
avoropriate.
(Initial)
Applicable)
1.
Original document has been signed/initialed for legal sufficiency. (All documents to be
JAK
signed by the Chairman, with the exception of most letters, must be reviewed and signed
by the Office of the County Attorney. This includes signature pages from ordinances,
resolutions, etc. signed by the County Attorney's Office and signature pages from
contracts, agreements, etc, that have been fully executed by all parties except the BCC
Chairman and Clerk to the Board and possibly State Officials.)
2.
All handwritten strike - through and revisions have been initialed by the County Attorney's
JAK
Office and all other parties except the BCC Chairman and the Clerk to the Board
3.
The Chairman's signature line date has been entered as the date of BCC approval of the
JAK
document or the final negotiated contract date whichever is applicable.
4.
"Sign here" tabs are placed on the appropriate pages indicating where the Chairman's
JAK
si nature and initials are required.
5.
In most cases (some contracts are an exception), the original document and this routing slip
JAK
should be provided to Ian Mitchell in the BCC office within 24 hours of BCC approval.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCC's actions are nullified. Be aware of your deadlines!
6.
The document was approved by the BCC on 12/14/2010 and all changes made during
JAK
the meeting have been incorporated in the attached document. The County Attorney's
Office has reviewed the changes, if applicable.
I: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05
08- MGR - 00132/33
170
MEMORANDUM
Date: December 30, 2010
To: Jeff A. Klatzkow, County Attorney
Collier County Attorney's Office
From: Ann Jennejohn, Deputy Clerk
Minutes & Records Department
Re: Ordinance 2010 -45: Establishing a moratorium on
the establishment of new pain management clinics
in Collier County
Attached for your records is a copy of the ordinance referenced above (Item #17D)
adopted by the Board of County Commissioners on December 14, 2010.
The Minutes and Record's Department will hold the original document in the
Official Record's of the Board.
If you have any questions, please contact me at 252 -8406.
Thank you
Attachment
17D
MEMORANDUM
Date: December 30, 2010
To: Ian Mitchell, Executive Manager to the Board
Board of County Commissioners Office
From: Ann Jennejohn, Deputy Clerk
Board Minutes & Records Department
Re: Ordinance 2010 -44 thru Ordinance 2010 -49
Attached for your records, are copies of the ordinances referenced above,
adopted by the Board of County Commissioners Tuesday, December 14, 2010.
The Minutes and Record's Department will hold the original ordinances in the
Official Record's of the Board.
If you have any questions, please call me at 252 -8406.
Thank you.
Attachments (6)
17D
MEMORANDUM
Date: December 30, 2010
To: Ernie Kerskie, Director
Collier County Property Appraiser's Office
From: Ann Jennej ohn, Deputy Clerk
Minutes & Records Department
Re: Ordinance 2010 -45: Establishing a moratorium on
the establishment of new pain management clinics
in Collier County
Attached for your records is a copy of the ordinance referenced above (Item #17D)
adopted by the Board of County Commissioners on December 14, 2010.
The Minutes and Record's Department will hold the original document in the
Official Record's of the Board.
If you have any questions, please contact me at 252 -8406.
Thank you
Attachment
170
ORDINANCE NO. 10 - 4—
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 (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 ORDINANCES; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, pursuant to Article VIII, Section 1 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 power 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 health, 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 Office that a pattern of illegal drug use and distribution has been
linked in large part to certain pain management clinics operating in and around Collier County;
and
WHEREAS, the illegal narcotic activity and increased crime associated with such
clinics has created an urgent situation requiring immediate action to reduce the threat to the
health, safety and welfare of Collier County citizens; and
WHEREAS, the Florida Legislature has identified identical concerns regarding the
increased use and frequency of injury and death occurring through use of certain pain
management clinics by persons obtaining prescription drugs for improper purposes; and
WHEREAS, many counties and municipalities in Florida have established moratoria
on new pain management clinics to curb negative impacts created by these clinics, such as
illegal prescription drug trafficking and sales of illegal drugs around the clinics, loitering by
pain clinic customers while waiting in long lines to receive 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
170
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, FLORIDA, that:
SECTION ONE: Recitals.
The recitals set forth above, incorporated herein, are hereby found true and correct.
SECTION TWO: Definitions.
For the 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: Temporary Moratorium Declared.
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 Collier County for the shorter of (1) 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 determination 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.
17D
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 service mitigation payments; and
e. Other issues relating to pain management clinics that become apparent during staff's
analysis of the effects and potential effects of any pain management clinics in the
County.
SECTION FIVE: Geographical Application.
This moratorium 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, phrase or provision of this Ordinance is for
any reason held 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 become and be made a part of the Code of Laws
and Ordinances of Collier County, Florida. The sections of the Ordinance may be renumbered
or relettered to accomplish such, and the word "ordinance" may be changed to "section ",
"article ", or any other appropriate word.
SECTION EIGHT: Effective Date.
This Ordinance shall become effective upon filing with the Florida Department of
State.
170
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
County, Florida, this 14th day of December, 2010.
r
ATTEST; �'f' BOARD OF COUNTY COMMISSIONERS
•. � � .
DWIG ' F,�BkOC,�,•.'�JERK COLLIER COUNTY, FLORIDA
By- .� . By.
�,
A ; u ��� u y Clerk FRED W. COYLE, CHAI N
Approved as to form
STATE OF FLORIDA)
COUNTY OF COLLIER)
I, DWIGHT E. BROCK, Clerk of Courts in and for the
Twentieth Judicial Circuit, Collier County, Florida, do
hereby certify that the foregoing is a true and correct
copy of:
ORDINANCE 2010 -45
170
Which was adopted by the Board of County Commissioners
on the 14th day of December, 2010, during Regular Session.
WITNESS my hand and the official seal of the Board of
County Commissioners of Collier County, Florida, this 17th
day of December, 2010.
DWIGHT E. BROCK ;
Clerk of Courts and erk'
Ex- officio; to Boar d; =.of -,.
County Commissiorie;` . q^
By: Ann Jennejohn,
Deputy Clerk
Patricia L. Morgan 17D
From: Mitchelllan [lanMitchell @colliergov.net]
Sent: Thursday, December 16, 2010 8:39 AM
To: Patricia L. Morgan
Subject: FW: Attention: Commissioner Fred Coyle
Attachments: Comments before the Collier County Board of Commissioners 14 December 2010.doc
Regards,
Ian Mitchell
Executive Manager, BCC
(239) 252 -8097 phone
(239) 252 -6406 fax
ianmitchell @colliergov.net
From: nopainenogain@comcast. net [ mai Ito: nopainenogain(abcomcast.netl
Sent: Wednesday, December 15, 2010 8:42 PM
To: MitchellIan
Subject: Attention: Commissioner Fred Coyle
Dear Sir,
Yesterday I was one of the speakers addressing the Board in Reference to the proposed moratorium
on "pill mills."
Commissioner Coyle requested a copy of my comments which are enclosed. Please forward to him
these remarks
as well as my email address. I am available should he require any further information.
Thank you for your assistance in this matter.
Gregory F. Paine, M.D.
Comprehensive Pain Center of Naples
11161 Health Park Blvd
Naples, FL 34110
239 - 436 -6711
nopainenogain(a),comcast. net
�orid,. ,,i v e tt�aN ;0d ,,, d(3 i,e InI rt1_,r e I i ad i a' . u ,r,I 4 �n r, ,r;, 1`,t ±o a p ubl e, re o!(IS rYq,u sI d« ",«( ser,,i
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17D
Comments before the Collier County Board of Commissioners 14 December 2010
Gregory F. Paine, M.D.
Good morning, my name is Dr. Gregory Paine and I am a board certified
anesthesiologist, fellowship trained and board certified pain specialist and am
representing today both the Collier County Medical Society as well as the Lee - Collier
County Chapter of the Florida Society of Interventional Pain Physicians. I have lived in
Collier County for five years and previously served in the U.S. Navy and was the
Assistant Pain Fellowship Director for the Navy's only Pain Management Program. I
bring the military ethos to my practice.
We as physicians have seen firsthand the carnage caused by the rampant spread of
prescription substance abuse and welcome the opportunity to partner with law
enforcement and local government to eradicate this problem in our community.
However, the urgency for action must be balanced by a wise and prudent course of
action.
In principle, we support the institution of a moratorium of new pain clinics in the county
as an emergency measure until a reasonable and effective ordinance can be formed. The
ordinance must not impede the practice of medicine, but rather prevent the establishment
of criminal enterprises who operated under the guise of providing medical care. We must
allow law enforcement the tools to arrest and be able to prosecute those trafficking in
narcotics. Unfortunately, the current language in the moratorium creates a few problems.
The physicians who are working act at the pill mills are medical charlatans who will
morph and find loopholes in whatever rules are passed as we are already witnessing with
the S.B. 2272. For example, Pain Clinics are changing their branding to that of a Family
Care or Urgent Care practice, and some are even offering injections (interventional pain
procedures, not injections of narcotics) or physical therapy on site. The reality is that
their patients are only interested in medical management, that is obtaining their pills and
want nothing to do with injections or physical therapy. The moratorium will not halt
those physicians masquerading as another form of practice from continuing to operate as
a pill or prescription mill.
Additionally, no protection is provided to existing physicians who may have their group
practice disband or wish to expand or move their practice to another location. Some
means of protection should be included in the language of the moratorium to
accommodate these concerns.
Medicine is the highest regulated profession and we as physicians do not want any further
regulation as it adds to our ever increasing overhead while our reimbursements continue
to decline. We ask the Board of Commissioners to allow us to help write, edit and have
comment on any future ordinance to be brought before the Board prior to it becoming an
agenda item. We need sufficient time to act and provide valuable input to create an
instrument that is in the best interest of patients, physicians, law enforcement,
government and the citizens of Collier County.
17D
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