Agenda 12/13/2011 Item #12A12/13/2011 ! #ern 12.A.
EXECUTIVE SUMMARY
Recommendation to consider the Sheriffs request to adopt a Resolution extending the one-
year moratorium on the establishment of new pain management clinics within Collier
County until, December 20, 2012 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.
QQMCTM: To protect the health, safety and welfare of Collier County citizens by extending
the existing one -year moratorium on new pain management clinics.
CONSIDERATIONS: Last year at this time the Board of County Commissioners enacted a
one -year moratorium on pain management clinics. Since. that time, Florida has adopted
legislation establishing the prescription drug monitoring program; however, that monitoring
program is not fully funded and is inadequate in addressing the prescription drug abuse problem
associated with some pain management clinics. The Center for Disease Control has stated the
prescription drug abuse problem has reached epidemic proportions, and Florida experiences
approximately ten (10) deaths each day as a result of prescription drug abuse. Therefore, an
extension of the existing moratorium on new pain management clinics in Collier County will
provide an avenue to address the significant prescription drug abuse problem until local
regulations or statewide regulations are developed.
FISC,AIMPA_CT: None.
GROM NANAG,EMENT IMPACTS None.
LEGAL CONSIDERATION: Collier County Ordinance 2010 -45, effective December 20,
2010, provides in relevant part as follows:
"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."
The proposed Resolution has been prepared by the County Attorney, is legally sufficient for
Board action, and requires majority vote for approval. -JAK
RECOMAff NDATION: That the Board adopts the proposed Resolution and extends the,
moratorium extension on new pain management clinics for an additional one year.
PREPARED BY: Michael J. Hedberg, Esquire, Captain, Legal Services, Collier County
Sheriff's Office and Jeffrey A. Klatzkow, County Attorney
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12/13/2011 Item 12.A.
COLLIER COUNTY
Board of County Commissioners
Item Number: 12.A.
Item Summary: Recommendation to consider the Sheriff's request to adopt a Resolution
extending the one -year 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.
Meeting Date: 12/13/2011
Prepared By
Name: BrockMaryJo
Title: Executive Secretary to County Manager, CMO
12/6/20118:42:03 AM
Submitted by
Title: Executive Secretary to County Manager, CMO
Name: BrockMaryJo
12/6/20118:42:05 AM
Approved By
Name: OchsLeo
Title: County Manager
Date: 12/7/2011 11:31:32 AM
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12/13/2011 Item 12.A.
eoz AN
ORDINANCE NO. 10 -
ORDINANCE OF THE BOARD OF COUNTY COMMISSIONED � � 'O
8L LL 915 OF COLLIER COUNTY, FLORIDA PERTAINING TO PAIN CLIIVICS sF yc'
7 , . , x ,O
ESTABLISHING A MORATORIUM ON THE ISSUANCE OF V . 1�
BUSINESS TAX RECEIPTS FOR THE OPERATION OF "PAIN ��0AF
CLINICS" AND "PAIN MANAGEMENT CLINICS" IN THE 9
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
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12/13/2011 Item 12.A.
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 459.013 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.
State.
This Ordinance shall become effective upon filing with the Florida Department of
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12/13/2011 Item 12.A.
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
County, Florida, this 14th day of December, 2010.
DWIGW t.BkOC�,;.' JERK
By:
as, u Clerk
Approved as to form
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By: t. e (A)
FRED W. COYLE, CHAIRMAN
4
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and ocknowledgern 4jd that
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12/13/2011 Item 12.A.
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.
n.
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, 001j"
Clerk of Courts
Ex-officio-to Boar o
County Commissiorie.t!� <,
By: Ann Jennejohn,.
Deputy Clerk
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12/13/2011 Item 12.A.
RESOLUTION NO. 2011-
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA, IN ACCORDANCE WITH
SECTION THREE OF ORDINANCE NO. 2010 -45, EXTENDING THE
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.
WHEREAS, on December 14, 2010, the Board of County Commissioners (Board)
adopted Ordinance No. 2010 -45 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; said moratorium to expire on
December 20, 2011; and
WHEREAS, the Center for Disease Control has stated that prescription drug abuse has
reached epidemic proportions, and Florida experiences approximately ten (10) deaths each day
as a result of prescription drug abuse; and
WHEREAS, the Collier County Sheriff has requested that the Board extend the
moratorium for a period of one year so as to continue to address this significant prescription
drug abuse problem until more effective local or statewide regulations are developed; and
WHEREAS, Section Three of Ordinance No. 2010 -45 provides that the Board may
extend this moratorium by resolution if it makes a legislative determination that it is in the best
interests of the Collier County citizens to do so; and
WHEREAS, the Board has determined that this one -year extension is in the best
interests of the Collier County citizens as it would allow the County Attorney's Office and
County staff, working with the Sheriff and other community partners, to analyze the needs and
bring back to the Board at a future advertised public meeting an ordinance that restricts or
regulates pain management clinics.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
1. It is in the best interests of the citizens of Collier County to continue the
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 as
established by Ordinance No. 2010 -45.
2. In accordance with Section Three of Ordinance No. 2010 -45, said moratorium
shall be extended to December 20, 2012.
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12/13/2011 Item 12.A.
THIS RESOLUTION ADOPTED after motion, second, and majority vote favoring
same on this the 13th day of December, 2011.
ATTEST:
DWIGHT E. BROCK, Clerk
, Deputy Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
FRED W. COYLE, CHAIRMAN
2
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