Loading...
HomeMy WebLinkAboutCity of Tamarac Ordinance O-2011-008Temp. Ordinance #2226 June 13, 2011 CITY OF TAMARAC, F RIDA ORDINANC 1 �E NO 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 Vil, 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, the Florida Board of Medicine (the Board), has previously 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 Ifar exceeds the number dying from illegal drug use;" and SSG:DNT-SRW 6-13-11 U:\File\Legislation\Draft Legislation Received\201 I \1 3. Jul 13\TO2226 (Pain Clinic Moratorium).doc Temp. Ordinance #2226 June 13, 2011 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 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 I WHEREAS, specifically, on April 14, 2010 the City Commission adopted Ordinance 2010-07 imposing a six-month (180 days) moratorium on the issuance of local business tax receipts to pain clinics and pain management clinics; and WHEREAS, on May 24, 2011, the Broward County Board of County Commissioners adopted Ordinance 2011-09 regulating the operation and management of pain clinics; and WHEREAS, the Florida Legislature, during its most recent session, adopted House Bill 7095, signed into law by the governor as Chapter No. 2011 - 141 pertaining to the registration and regulation of pain clinics; 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 2 SSG:DNT:SRW 6-13-11 U:\File\Legislation\Draft Legislation Received\201 1\13. Jul 13\TO2226 (Pain Clinic Moratorium).doc Temp. Ordinance #2226 June 13, 2011 Imanagement clinics;" and businesses involved in the dispensing of prescription drugs; and WHEREAS, the City Commission finds it in the best interest of the citizens of Tamarac to analyze recent legislation for the purpose of adopting appropriate regulations relating thereto; and WHEREAS, the City Commission deems it to be in the best interests of the health, safety, and welfare of the City's residents to enact a temporary moratorium for a 180 day period to allow staff additional time to review the State regulations, and recommend appropriate action to the City Commission. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA THAT: 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 clinid' 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. 3 SSG:DNT:SRW 6-13-11 U:\File\Legislation\Draft Legislation Received\201 IA 3. Jul 13\TO2226 (Pain Clinic Moratorium).doc Temp. Ordinance #2226 June 13, 2011 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 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. 4 SSG:DNT:SRW 6-13-11 U:\File\Legislation\Draft Legislation Received\201 1\13. Jul 13\TO2226 (Pain Clinic Mordtoriurn).doc Temp. Ordinance #2226 June 13, 2011 ISection 7. Notwithstanding the time limit on the moratorium herein I 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, 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. 5 SSG:DNT:SRW 6-13-11 U:\File\Legislation\Draft Legislation R=ivcd\201 1\13. Jul MT02226 (Pain Clinic Moratorium).doc Temp. Ordinance #2226 June 13, 2011 PASSED, FIRST READING this /2/jday of 2011. PASSED, SECOND READING thiw'��' day of ,2011. BY: PX*4,i L TT ES MAYOR PAMELA BUSHNELL PETER RICHARDSON CITY CLERK I HEREBY CERTIFY that I have approved this ORDINANCE as to form: ,,,,,SAMUEL S. GOREN CITY ATTORNEY RECORD OF COMMISSION VOTE: 1ST Reading MAYOR BUSHNELL DIST 1: COMM. SWENSON DIST 2: V/M, GOMEZ DIST 3: COMM. GLASSER DIST 4: COMM. DRESSLER RECORD OF COMMISSION VOTE: 2 ND Reading MAYOR BUSHNELL DIST 1: COMM SWENSON DIST 2: V/M GOMEZ DIST 3: COMM. GLASSER DIST 4: COMM. DRESSLER 6 SSG:DNT:SRW 6-13-11 UAFile\Legislation\Draft Legislation Received\201 I \1 3. Jul 13\TO2226 (Pain Clinic Moratorium).doe Ll I