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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 NolR77RQR