Ordinance 2010-45
ORDINANCE NO. 10 - .AL
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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
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 (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 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 staffs
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.
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BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
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FRED W. COYLE, CHAI 1 N
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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
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" .. ~. '/(11h,', '
Clerk of Courts and,,-G'~rk'::.,~':> .;',
Ex-officio to aoapcJ;'of\~.'"'''' _,.' ""'~'.
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By: Ann Jennejohn,
Deputy Clerk
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