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Ordinance 2010-45 ORDINANCE NO. 10 - .AL ~ ^' <? ~ lj ~(<'~. ~ '\ ~ (f;{; ~O '<:) ~ ~ (;.:, B ./' " ~ (V~ )0' ~~~ 0<<' ..., 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. 2 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. 3 PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida" this, 14th day of December, 2010. '. . "'\ i;J <) ;/.' ATTEST.<>} :...,..'t) " ',=>' '.', . QWIGttT i;",H~qC~;.:~\ERK . ~: '~'r~' '-',,'1 ...~..~'. .,:..~ ':':211 ::~ BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA .{ . By: . fu~ Lv C~ FRED W. COYLE, CHAI 1 N 4 ThlS 6rah1oncefJJi(J Wf~ ~ryo~ aD!.&yo 0 and oc:knowledgem 0Uilt thot fil' 've titi.s. ..1~Fl day pf 'W ~ "'-"":-. . 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\~.'"'''' _,.' ""'~'. ;. ~ . ~ \ ~ ; ....\' ~ County Commissioriets~( , ....'i:,~...,..; ~ ~ :, r;.J!,-:;:> '~. ~ .~; ~''''!o!'''.'. ", " .... -> --,' .:-~ .." ....... ~ ~J.. " ,. ........~ ,..'1-;....,;.........." .~: ........ .' "-.:; ,j;:-' ~,"":"'~ " ";J: <leI' . By: Ann Jennejohn, Deputy Clerk ~, "