Loading...
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: 17D 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 17D 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. 17p 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. 17D 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 170 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 for the buyer. Enhancing ur advertisement is easy; d 17D g y y, dust follow the online AdWizard to add an expanded description, photos and even video /audio of your item. To log in to the New Ad Wizard use your email address and existing password. Go to: http: / /secure.adpay.com /adwizard login. aspx ?1= 16461326 , if this link is inactive, cut and paste it into your browser address window. 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 170 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 e rt4v k!! tt gad " , 'r, =. , t'-re o" 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 3 > r '0 z m m ^iv 3!" rn co m 2 N m y � v n c TO 0n Pt 1 61 n 0 13 72> o m D z s 3rn (I n m u�irn O rn m ~ j v 3 rn D X - F O 7i cl m ~ ~ D „„= m 3 xzrn PI z O � Dz a Z Z i � F< O _ ►'�� m r N m i co a w mW � 1 ` r co n ,-, - rn G� w m 3 z' ITI Z D -I 0� 3 l ` X O El z r m = crni) p O co � m 70 Dew 1 ', p v 0 � z < v a c ° i_ o } �RO11 co n -i o 0 \mil fl 2 0 = zD n Nt-1 m rn � z \ c� rn CO -I > -1 N� 3 to O 6622 p z 3 -l ° m 73 a c z g Q i N n .a O z � 22 70 rl• m a o, � (C (D p p rno� 1 � _ -.i m o7arn 3 O u ° vA ) 1* RI o z r7, tD -I - �` C m m 3W -I �l 0 rn '1 _ 7-1731- x- m N p C _O Z m 'a = o� c a X `CD tD r 170 ... n (f) n 7J n 3DO > m m /'\ m .� �;- m m z 73 3 C 000 = a ni r- m m � ^ z as N 3 a m ~ ∎ z 'f �" O = 00o o rr rn (,.:) iv 3 m rn � z f O O z T • .-E 1-1 z .-I * z z 2 -i = .� o 72 m m m _1 Or oN- -0 N > m W w 2 r r- zW 0 r z D � rn rn c� 0 'I. m OCr XI i O o mo v a 0 0 0zo v° u u) n C D c x m N 0 —ip � z 3 = zDZ cn 7 = 3 m.6") z n m co con • 0 0 > v m 3 -Ir 0 > a 0 0 -A. a CD z 3rcor, ca O � 3z %. CL 0 m rn rn p IDD f�D ni 3 -I D v o ;� 73 0 o 0 � r~t m 0 nv` r 3 v70 0 m oTA m Z cn 1* 13 C r" -0G) VV)) A D -{ --1 r nm = 3m -DI -i = 71xi � X- rn N p r to Z M m0 CO C) n It')m CC H cn X. 4c) o. 0 `° cD