1 ORDINANCE NO. 2009 –
2
3 AN ORDINANCE OF THE CITY OF HALLANDALE
4 BEACH, FLORIDA, PROVIDING FOR IMPOSITION
5 OF A MORATORIUM ON ISSUANCE OF BUSINESS
6 TAX RECEIPTS FOR THE OPERATIONS OF “PAIN
7 CLINICS”, AND “PAIN MANAGEMENT CENTERS”,
8 FOR A SIX (6) MONTH TERM, TO BE EXTENDED IF
9 NECESSARY BY THE CITY COMMISSION;
10 PROVIDING FOR SEVERABILITY, CONFLICTS, AND
11 AN EFFECTIVE DATE.
12
13 WHEREAS, pursuant to Article VII, Section 2 of the Florida Constitution
14 and Chapter 166 of the Florida Statutes, the City of Hallandale Beach is
15 authorized and required to protect the public health, safety and welfare of its
16 citizens and has the power and authority to enact regulations for valid
17 governmental purposes that are not inconsistent with general or special law; and
18
19 WHEREAS, the public health, safety and welfare is a legitimate public
20 purpose recognized by the courts of Florida; and
21
22 WHEREAS, at the Florida Board of Medicine (the Board) Meeting in
23 December, 2008 at Tampa, Florida, the Board cited the “rapid proliferation of
24 pain clinics that may be contributing to increased abuse of controlled
25 substances,” and concluded “there may be a need to develop rules and
26 regulations for these clinics to provide oversight related to evaluation and follow
27 up of these difficult patients and help physicians identify persons not seeking
28 care but just pill shopping for narcotics;” and
29
30 WHEREAS, the City and surrounding areas of Broward County have
31 experienced an influx of “pain clinics” and “pain management clinics;” and
32
33 WHEREAS, the City Commission has recently been made aware by law
34 enforcement and news reports that a pattern of illegal drug use and distribution
35 has been associated with pain management clinics in neighboring municipalities
36 and within Hallandale Beach, which dispense on-site narcotic drugs; and
37
38 WHEREAS, time is needed in which to research the nature and scope of
39 possible measures of mitigation and regulation of “pain clinics” and “pain
40 management clinics” and businesses involved in the dispensing of prescription
41 drugs; and
42
43 WHEREAS, it is the intent of this Ordinance not to interfere with the
44 legitimate medical use of controlled substances to the extent permitted by law;
45 and
46
1 Ord. 2009 -
47 WHEREAS, the City Commission finds it in the best interest of the citizens
48 of Hallandale Beach to mitigate the negative secondary effects of these
49 businesses by adopting appropriate regulations relating thereto; and
50
51 WHEREAS, the City Commission deems it in the best interests of the City
52 to enact an ordinance regulating such businesses;
53
54 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
55 CITY OF HALLANDALE BEACH, FLORIDA THAT:
56
57 Section 1. For the purposes of this ordinance, “Pain clinic” and “pain
58 management clinic” are defined as follows: any clinic or medical practitioner’s
59 office which is not affiliated with any hospital, hospice or other facility for
60 substance abuse, or of the terminally ill in Broward County Florida, that prescribe
61 pain medication identified in Schedule II, III, and IV in Section 893.03, such as
62 opioids including fentanyl, hydrocodone, morphine and oxycodone to individuals;
63 or which holds itself out through advertising as being in business to prescribe
64 such controlled substances, that provides pain relief services or treatment and
65 provides dispensing of pharmaceuticals on site.
66
67 Section 2. A moratorium on the submission, processing and issuance of
68 Business Tax Receipts for the operation of pain clinics and pain management
69 clinics, as defined herein, is hereby established for a period of six (6) months
70 from the effective date of this ordinance to research the nature and scope of
71 possible measures of mitigation and regulation of “pain clinics” and “pain
72 management clinics.”
73
74 Section 3. This moratorium shall not affect any business currently operating
75 within the City pursuant to a validly issued Business Tax Receipt;
76
77 Section 4. Applications for Business Tax Receipts for operation of pain clinics
78 and pain management clinics, as defined herein, received after the date of
79 advertisement of the 1st Reading of this Ordinance shall be held in abeyance until
80 the conclusion of the moratorium period.
81
82 Section 5. The City Manager, or his designee, is authorized to renew, on a case
83 by case basis, the Business Tax Receipt of any businesses affected by this
84 moratorium with a valid Business Tax Receipt in the event such Receipt expires
85 before the expiration of this Moratorium, upon a finding that the business has
86 taken adequate precautions to mitigate the potential for abuse of prescription
87 drugs. The City Manager’s decision if unfavorable is appealable to the City
88 Commission if the applicant submits a letter to the City Clerk within ten days of
89 the decision. On appeal the Commission shall determine based on clear and
90 convincing evidence if the Manager’s decision should be upheld based on
91 Section 18-40 of the Code.
92
93 Section 6. Notwithstanding the time limit on the moratorium herein established,
2 Ord. 2009 -
94 in the event the City Commission finds that additional time is needed for staff to
95 conclude its review of the problems associated with the dispensing of
96 prescription drugs within the City and the drafting of regulations for pain clinics
97 and pain management clinics engaged in the dispensing of prescription drugs,
98 then the term of this ordinance may be extended for an additional six (6) months.
99
100 Section 7. All Ordinances or parts of Ordinances and all resolutions or parts of
101 Resolutions in conflict with this Ordinance are repealed to the extent of such
102 conflict.
103
104 Section 8. It is the intention of the City Commission of the City of Hallandale
105 Beach, that the provisions of this Ordinance not be made a part of the Code of
106 Ordinances of the City of Hallandale Beach, Florida, and that the Sections of this
107 ordinance may be renumbered, re-lettered and the word "Ordinance" may be
108 changed to "Section," "Article," or such other word or phrase in order to
109 accomplish such intention.
110
111 Section 9. This Ordinance shall be effective upon its passage and adoption by
112 the City Commission of the City of Hallandale Beach.
113
114 PASSED AND ADOPTED on first reading __________________, 2009
115 PASSED AND ADOPTED on second reading ________________, 2009.
116
117
118
119
120
121
122 ____________________________
123 MAYOR-COMMISSIONER
124
125 ATTEST:
126
127
128
129
130 ________________________
131 CITY CLERK
3 Ord. 2009 -