HomeMy WebLinkAboutCity of Tamarac Ordinance O-2010-007T02199
March 17, 2010
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CITY OF TAMARAC, FLORIDA
ORDINANCE NO. 0-2010- (9 -7
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
TAMARAC, FLORIDA, ESTABLISHING A TEMPORARY
MORATORIUM ON THE ISSUANCE OF LOCAL BUSINESS TAX
RECEIPTS FOR THE OPERATION OF "PAIN CLINICS" AND
"PAIN MANAGEMENT CLINICS" AND FOR BUSINESSES
WHICH DISPENSE PRESCRIPTION DRUGS FOR ONE
HUNDRED AND EIGHTY (180) DAYS; PROVIDING FOR
SEVERABILITY; PROVIDING FOR CONFLICTS; PROVIDING
FOR AN EFFECTIVE DATE.
WHEREAS, pursuant to Article VII, Section 2 of the Florida Constitution
and Chapter 166 of the Florida Statutes, the City of Tamarac is authorized and
required to protect the public health, safety and welfare of its citizens and has the
power and authority to enact regulations for valid governmental purposes that are
not inconsistent with general or special law; and
WHEREAS, the public health, safety and welfare is a legitimate public
purpose recognized by the courts of Florida; and
WHEREAS, at the Florida Board of Medicine (the Board) Meeting in
December, 2008 at Tampa, Florida, the Board cited the "rapid proliferation of
pain clinics that may be contributing to increased abuse of controlled
substances," and concluded "there may be a need to develop rules and
regulations for these clinics to provide oversight related to evaluation and follow
up of these difficult patients and help physicians identify persons not seeking
care but just pill shopping for narcotics;" and
WHEREAS, the Board further notes that "an average of 11 patients a
day are reported as dying of prescription drug overdose in Florida, a number that
far exceeds the number dying from illegal drug use;" and
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March 17, 2010
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WHEREAS, the U. S. Department of Health and Human Services has
released data showing prescription drug deaths are now the fourth leading cause
of death in the United States; and
WHEREAS, the City and surrounding areas of Broward County have
experienced an influx of "pain clinics and "pain management clinics;" and
WHEREAS, the Florida Legislature, during its current session, is
considering several bills to regulate the operation and management of pain
clinics; and
WHEREAS, the City Commission of the City of Tamarac has considered
the detrimental effects of the proliferation of "pain clinics" and "pain management
clinics" in Tamarac and in Broward County, prescription drug abuse, deaths
associated with such abuse and crimes stemming from such abuse; and
WHEREAS, the City Commission finds it in the best interest of the
citizens of Tamarac to mitigate the negative secondary effects of these
businesses by adopting appropriate regulations relating thereto; and
WHEREAS, time is needed in which to research the nature and scope of
possible measures of mitigation and regulation of "pain clinics" and "pain
management clinics;" and businesses involved in the dispensing of prescription
drugs; and
WHEREAS, the City Commission deems it in the best interests of the
City to enact an ordinance regulating such businesses.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
THE CITY OF TAMARAC, FLORIDA THAT:
TO2199
March 17, 2010
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Section 1. The foregoing "Whereas" clauses are hereby ratified and
confirmed as being true and correct and are hereby made a part of this
Ordinance.
Section 2. For the purposes of this ordinance, "Pain clinic" and "pain
management clinic" are defined as follows: any clinic or medical practitioner's
office which is not affiliated with any hospital, hospice or other facility for
treatment of the terminally ill in Broward County Florida, and the primary purpose
of which is to prescribe pain medication such as opioids including, but not limited
to, fentanyl, hydrocodone, morphine and oxycodone, and there derivatives
providing like therapeutic value, to individuals; or which holds itself out through
advertising as being in business to prescribe such controlled substances, and
which may or may not provide dispensing of pharmaceuticals on site.
Section 3. The City Commission of City of Tamarac finds that based on
the evidence presented and considered that the business operation of additional
pain clinics within the municipal boundaries of Tamarac would serve to potentially
have an adverse impact on the adjacent residential neighbors that would
resulting detrimental impact of the health, safety and welfare of the residents of
Tamarac.
Section 4. A temporary moratorium on the submission, processing and
issuance of Local Business Tax Receipts for the operation of pain clinics and
pain management clinics, as defined herein, and businesses involved in the
dispensing of
prescription
drugs
is hereby established
for
a period of one
hundred and
eighty (180)
days
from the effective date
of
this ordinance to
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March 17, 2010
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research the nature and scope of possible measures of mitigation and regulation
of "pain clinics" and "pain management clinics" within the City of Tamarac.
Section 5. This temporary moratorium shall not affect any business
currently operating within the City pursuant to a validly issued Business Tax
Receipt until the renewal date of such business tax receipt.
Section 6. The Community Development Director, or his or her designee,
is authorized to renew, on a case by case basis, the Local Business Tax Receipt
of any businesses affected by this moratorium with a valid Local Business Tax
Receipt in the event such Receipt expires before the expiration of this
Moratorium, upon a finding that the business has taken adequate precautions to
mitigate the potential for abuse of prescription drugs.
Section 7. Notwithstanding the time limit on the moratorium herein
established, in the event the City Commission finds that additional time is needed
for staff to conclude its review of the problems associated with the dispensing of
prescription drugs within the City and the drafting of regulations of those
businesses engaged in the prescribing and dispensing of prescription drugs,
then, upon further authorization and direction by the City Commission, the term
of this moratorium may be extended for an additional one hundred and eighty
(180) days.
Section 8. All Ordinances or parts of Ordinances and all resolutions or
parts of Resolutions in conflict with this Ordinance are repealed to the extent of
such conflict.
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March 17, 2010
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Section 9. If any clause, section, or other part or application of this
Ordinance shall be held by any court of competent jurisdiction to be
unconstitutional or invalid, such unconstitutional or invalid part or application shall
be considered as eliminated and so not affecting the validity of the remaining
portions or applications remaining in full force and effect.
Section 10. This Ordinance shall be effective upon its passage and
adoption by the City Commission of the City of Tamarac.
PASSED, FIRST READING this � 7 day ofAdvk/_.92010.
PASSED, SECOND READING this H day of 2010.
BY:
ATTEST: MAYOR BETH TALA CO
i AllRECORD OF COMMISSION VOTE: 1ST Reading
MARiO X_-SWEJ99ON, CM
CITY CLERK MAYOR TALABISCO
DIST 1: COMM BUSHNELL ti
DIST 2: COMM. ATKINS-GRAD
DIST 3: COMM. GLASSER
DIST 4: V/M. DRESSLER
I HEREBY CERTIFY that
I have approved this
ORDINANCE as to form: RECORD OF COMMISSION VOTE: 2ND Reading
MAYOR TALABISCO
DIST 1: COMM BUSHNELL
AITY
L S. G REN DIST 2: COMM. ATKINS-GRAD
TTORNEY DIST 3: COMM. GLASSER
DIST 4: V/M. DRESSLER