HomeMy WebLinkAbout2011 08 22 Regular 601 Adoption of Resolution 2011-43 Extends Moratorium - Pain Management Clinics COMMISSION AGENDA
Consent
Informational
ITEM 601
Public Hearin
Regular X
August 22, 2011 MGR. _ /DEPT. A Zt
Regular Meeting Authorization a it)
REQUEST: The City Attorney requests that the City Commission adopt Resolution 2011 -43,
which extends the moratorium as to the filing and /or receiving of any application for, or the
issuance of, business tax receipts or land use approvals, regarding the operation of "pain
management clinics" for an additional ninety (90) days.
SYNOPSIS:
On December 13, 2010, the City Commission adopted Ordinance 2010 -22, which established a
moratorium for two hundred and seventy (270) days on the issuance of business tax receipts or
land use approvals for pain management clinics to allow the City to research and study various
regulatory options. The moratorium will expire on September 9, 2011 unless extended pursuant
to Ordinance 2010 -22, which provides that the City Commission may extend the moratorium by
resolution for an additional ninety (90) days if the Commission finds that additional time is
needed for staff to conclude its review of the problems associated with pain management clinics
within the City and for the drafting of regulations to those businesses.
CONSIDERATIONS:
1. Several counties and municipalities throughout the State of Florida have established
moratoria on pain management clinics in an effort to curb the immediate negative impacts
created by such clinics such as illegal prescription drug trafficking and sales of illegal
drugs around the clinics, and loitering in areas surrounding the clinics. Currently,
Seminole County is also evaluating whether to extend its County -wide moratorium on
pain management clinics, which expires October 1, 2011.
2. On December 13, 2010, the City Commission adopted Ordinance 2010 -22 which
established a two- hundred and seventy (270) day moratorium as to the filing and /or
receiving of any application for any and all land use approvals or business tax receipts for
pain management clinics in order to permit the City to research the nature and scope of
possible measures of mitigation and regulation of pain management clinics within the
City.
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REGULAR AGENDA ITEM "601"
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3. Ordinance 2010 -22 defines a pain management clinic as a clinic required to be registered
with the Department of Health pursuant to section 458.3265 or section 459.0137, Florida
Statutes. These statutes generally define pain management clinics as all privately owned
pain- management clinics, facilities, or offices, which advertise in any medium for any
type of pain- management services, or employ a physician or an osteopathic physician who
is primarily engaged in the treatment of pain by prescribing or dispensing controlled
substance medications, unless:
a. That clinic is licensed as a facility pursuant to chapter 395;
b. The majority of the physicians who provide services in the clinic primarily
provide surgical services;
c. The clinic is owned by a publicly held corporation whose shares are traded on a
national exchange or on the over -the- counter market and whose total assets at the
end of the corporation's most recent fiscal quarter exceeded $50 million;
d. The clinic is affiliated with an accredited medical school at which training is
provided for medical students, residents, or fellows;
e. The clinic does not prescribe or dispense controlled substances for the treatment
of pain; or
£ The clinic is owned by a corporate entity exempt from federal taxation under 26
U.S.C. § 501(c)(3).
4. Ordinance 2010 -22 makes it unlawful for any person or entity to own or operate a pain
management clinic during the time period that the moratorium is in effect. Violators of
the ordinance are subject to a maximum penalty of $500.00 per day in accordance with
City Code and Florida law.
5. The moratorium does not affect existing businesses currently operating within the City
pursuant to a validly issued business tax receipt, provided the business and property are in
compliance with all applicable local, county, state and federal laws. Additionally, the
ordinance authorizes the Community Development Director, or his designee, to renew the
business tax receipt of any existing business during the moratorium period upon a finding
that the business is in compliance with all applicable local, county, state and federal laws.
Applications for business tax receipts received after the date the City Commission
directed declaration of the moratorium (October 25, 2010) will be returned to the
applicant. No new business tax receipts are issued and no payments of the business tax or
funds for pending applications are accepted during the moratorium period.
6. The Ordinance provides that the City Commission may, by resolution, extend the
moratorium for an additional ninety (90) days in order to allow City staff to conclude its
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REGULAR AGENDA ITEM "601"
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review of the problems associated with pain management clinics and the drafting of any
associated regulations.
7. As such, the City Attorney's office has prepared Resolution 2011 -43 to extend the
moratorium for an additional ninety (90) days. Ordinance 2010 -22 will expire on
September 9, 2011. However, if Resolution 2011 -43 is adopted, the City's moratorium
will not expire until December 8, 2011.
FISCAL IMPACT:
There may be a de minimis fiscal impact associated with passage of this Ordinance since the
ordinance prohibits the City from accepting payments of the business tax for pain management
clinics during the moratorium time period.
RECOMMENDATIONS:
The City Attorney recommends that the City Commission adopt Resolution 2011 -43 to extend
the moratorium established in Ordinance 2010 -22 for an additional 90 days.
ATTACHMENTS:
1. Resolution 2011 -43
RESOLUTION NUMBER 2011 -43
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF WINTER SPRINGS, FLORIDA EXTENDING THE
MORATORIUM AS TO THE FILING AND /OR RECEIVING
OF ANY APPLICATION OR THE ISSUANCE OF BUSINESS
TAX RECEIPTS OR LAND USE APPROVALS FOR THE
OPERATION OF "PAIN MANAGEMENT CLINICS" FOR AN
ADDITIONAL NINETY (90) DAYS PURSUANT TO
ORDINANCE 2010 -22; PROVIDING FOR THE REPEAL OF
PRIOR INCONSISTENT RESOLUTIONS; SEVERABILITY
AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City is granted the authority, under Section 2(b), Article VIII, of the
State Constitution, to exercise any power for municipal purposes, except when expressly
prohibited by law; and
WHEREAS, the negative impacts associates with certain pain management clinics create
an urgent situation necessitating immediate investigation into regulation of such clinics in the
City; and
WHEREAS, on December 13, 2010, the City Commission adopted Ordinance 2010 -22,
which established a moratorium for two hundred and seventy (270) days on the issuance of
business tax receipts or land use approvals for pain management clinics to allow the City to
research and study various regulatory options; and
WHEREAS, the City Commission finds that additional time is needed for staff to
conclude its review of the problems associated with pain management clinics within the City and
for the drafting of regulations of those businesses, and as such, the City Commission may extend
the moratorium for an additional ninety (90) days by resolution pursuant to Ordinance 2010 -22;
and
WHEREAS, the City Commission finds it is in the best interest of the citizens of the
City to minimize and control the adverse effects of pain clinics and thereby protect the health,
safety, and welfare of the citizenry; protect the citizens from increased crime; preserve the
quality of life and preserve property values by adopting appropriate regulations regulating
thereto; and
WHEREAS, the City Commission finds this resolution to be in the best interests of the
public health, safety, and welfare of the citizens of Winter Springs, Florida.
NOW, THEREFORE, BE IT RESOLVED that the City Commission of the City of
Winter Springs, Florida as follows:
Section 1. Recitals. The foregoing recitals are deemed true and correct and are
hereby fully incorporated herein by reference.
Section 2. Findings of Fact and Extension of Moratorium. The City Commission
finds that additional time is needed for staff to conclude its review of the problems associated
with pain management clinics within the City and for the drafting of regulations of those
businesses. As such, the moratorium on the receipt and /or acting upon applications for any and
all land use approvals or business tax receipts related to pain management clinics that was
established by Ordinance 2010 -22 is hereby extended by the City Commission for an additional
ninety (90) days, and as such, will expire on December 8, 2011.
Section 3. Severability. If any section, subsection, sentence, clause, phrase, word, or
portion of this Resolution is for any reason held invalid or unconstitutional by a court of
competent jurisdiction, whether for substantive or procedural reasons, such portion shall be
deemed a separate, distinct, and independent provision, and such holding shall not affect the
validity of the remaining portions of this Resolution.
Section 4. Repeal of Prior Inconsistent Resolutions. All prior resolutions or parts
of resolutions in conflict herewith are hereby repealed to the extent of the conflict.
Section 5. Effective Date. This Resolution shall become effective immediately upon
its adoption by the City Commission of the City of Winter Springs, Florida.
ADOPTED by the City Commission of the City of Winter Springs, Florida, in a regular
meeting duly assembled on the 22nd day of August, 2011.
CHARLES LACEY, Mayor
ATTEST:
ANDREA LORENZO - LUACES, City Clerk
Approved as to legal form and sufficiency for
the City of Winter Springs, Florida only:
ANTHONY A. GARGANESE, City Attorney
City of Winter Spring, Florida
Resolution Number 2711 13
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RESOLUTION NUMBER 2011 -43
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF WINTER SPRINGS, FLORIDA EXTENDING THE
MORATORIUM AS TO THE FILING AND /OR RECEIVING
OF ANY APPLICATION OR THE ISSUANCE OF BUSINESS
TAX RECEIPTS OR LAND USE APPROVALS FOR THE
OPERATION OF "PAIN MANAGEMENT CLINICS" FOR AN
ADDITIONAL NINETY (90) DAYS PURSUANT TO
ORDINANCE 2010 -22; PROVIDING FOR THE REPEAL OF
PRIOR INCONSISTENT RESOLUTIONS; SEVERABILITY
AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City is granted the authority, under Section 2(b), Article VIII, of the
State Constitution, to exercise any power for municipal purposes, except when expressly
prohibited by law; and
WHEREAS, the negative impacts associates with certain pain management clinics create
an urgent situation necessitating immediate investigation into regulation of such clinics in the
City; and
WHEREAS, on December 13, 2010, the City Commission adopted Ordinance 2010 -22,
which established a moratorium for two hundred and seventy (270) days on the issuance of
business tax receipts or land use approvals for pain management clinics to allow the City to
research and study various regulatory options; and
WHEREAS, the City Commission finds that additional time is needed for staff to
conclude its review of the problems associated with pain management clinics within the City and
for the drafting of regulations of those businesses, and as such, the City Commission may extend
the moratorium for an additional ninety (90) days by resolution pursuant to Ordinance 2010 -22;
and
WHEREAS, the City Commission finds it is in the best interest of the citizens of the
City to minimize and control the adverse effects of pain clinics and thereby protect the health,
safety, and welfare of the citizenry; protect the citizens from increased crime; preserve the
quality of life and preserve property values by adopting appropriate regulations regulating
thereto; and
WHEREAS, the City Commission finds this resolution to be in the best interests of the
public health, safety, and welfare of the citizens of Winter Springs, Florida.
NOW, THEREFORE, BE IT RESOLVED that the City Commission of the City of
Winter Springs, Florida as follows:
Section 1. Recitals. The foregoing recitals are deemed true and correct and are
hereby fully incorporated herein by reference.
Section 2. Findings of Fact and Extension of Moratorium. The City Commission
finds that additional time is needed for staff to conclude its review of the problems associated
with pain management clinics within the City and for the drafting of regulations of those
businesses. As such, the moratorium on the receipt and /or acting upon applications for any and
all land use approvals or business tax receipts related to pain management clinics that was
established by Ordinance 2010 -22 is hereby extended by the City Commission for an additional
ninety (90) days, and as such, will expire on December 8, 2011.
Section 3. Severability. If any section, subsection, sentence, clause, phrase, word, or
portion of this Resolution is for any reason held invalid or unconstitutional by a court of
competent jurisdiction, whether for substantive or procedural reasons, such portion shall be
deemed a separate, distinct, and independent provision, and such holding shall not affect the
validity of the remaining portions of this Resolution.
Section 4. Repeal of Prior Inconsistent Resolutions. All prior resolutions or parts
of resolutions in conflict herewith are hereby repealed to the extent of the conflict.
Section 5. Effective Date. This Resolution shall become effective immediately upon
its adoption by the City Commission of the City of Winter Springs, Florida.
ADOPTED by the City Commission of the City of Winter Springs, Florida, in a regular
meeting duly assembled on the 22nd day of August, 2011.
C ES ACEY, a
ATTES
AN 1 ;49. • RENZO - LUACES, City Clerk _ .
Approved as to legal form and sufficiency for
the Ci • of ' inter Springs, Florida only:
•
ANTHONY A. GARGANESE, City Attorney
(:: its of Winter Spring, Honda
R oIudon Number 2011 -13
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