ORDINANCE NO. ______________________
AN ORDINANCE OF THE
CITY COMMISSION OF THE CITY OF NORTH LAUDERDALE, 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 North Lauderdale 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 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 7 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 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 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 North Lauderdale has considered the detrimental effects of the proliferation of “pain clinics” and “pain management clinics” in North Lauderdale and in Broward County, prescription drug abuse, deaths associated with such abuse and crimes stemming from such abuse; and WHEREAS, specifically, on January 12, 2010 the City Commission discussed the dangers that pain clinics and pain management clinics may have on the community and directed the City Attorney’s Office to present several options regarding the potential regulation thereof; and WHEREAS, the City Commission finds it in the best interest of the citizens of North Lauderdale to mitigate the negative secondary effects of these businesses by adopting appropriate regulations relating thereto; andWHEREAS, 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
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 fentanyl, hydrocodone, morphine and oxycodone 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 North Lauderdale finds that
based on the evidence presented and considered that the business operation of
additional pain clinics within the municipal boundaries of North Lauderdale
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 North Lauderdale.
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 North Lauderdale.
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 the term of this agreement 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
PASSED
AND ADOPTED BY THE CITY COMMISSION OF THE CITY OF
PASSED ADOPTED BY THE CITY COMMISSION OF
THE CITY OF NORTH LAUDERDALE, FLORIDA, ON THE SECOND AND FINAL READING, THIS
_____ DAY OF _________________, 2010.
_______________________________
MAYOR JACK BRADY
ATTEST:
_______________________________
VICE MAYOR JOHN R. CANGEMI
_________________________________
CITY CLERK PATRICIA
VANCHERI
APPROVED AS TO FORM:
______________________________
SAMUEL S. GOREN , City
Attorney