HomeMy WebLinkAboutOrdinance 2012-09 Zoning and Locational Requirements for Pain Management Clinics ORDINANCE NO. 2012-09
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF WINTER SPRINGS, SEMINOLE COUNTY,
FLORIDA; PROVIDING ZONING AND LOCATIONAL
REQUIREMENTS FOR PAIN MANAGEMENT CLINICS AS
DEFINED BY CITY CODE; PROVIDING FOR THE
REPEAL OF PRIOR INCONSISTENT ORDINANCES AND
RESOLUTIONS, INCORPORATION INTO THE CODE,
SEVERABILITY, AND AN EFFECTIVE DATE.
WHEREAS, the City is granted the authority, under § 2(b), Art. VIII of the State
Constitution, to exercise any power for municipal purposes, except when expressly prohibited by
law; and
WHEREAS,the City Commission has previously been made aware of the problem of"pill
mills" by the Winter Springs Police Chief and various newspaper articles describing the
proliferation of pain management clinics in Florida, and the "pipeline" trafficking of drugs from
Florida pain clinics to users from other states such as Georgia, North Carolina, Tennessee,
Kentucky, and Ohio; and
WHEREAS,the threat of illegal narcotic activity and increased crime associated with pain
management clinics is significant and could undermine the economic health of the City of Winter
Springs' and impede future development and redevelopment efforts planned by the City in
furtherance of the goals, policies, and objectives set forth in the City's Comprehensive Plan; and
WHEREAS,the threat of illegal narcotic activity and increased crime associated with pain
management clinics will negatively affect the safety and well-being of the citizens, residents, and
businesses of the City of Winter Springs; and
WHEREAS, in Chapter 2009-198, Laws of Florida, the Legislature recognized that
pharmaceutical drug diversion hurts the State of Florida significantly in terms of lost lives,
increased crime, in human misery from addiction, ballooning health care costs, and Medicare
fraud; and
WHEREAS, the United States Department of Health and Human Services has released
data showing prescription drug deaths are now the 4th leading cause of death in the United States;
and
WHEREAS, as a result of the serious problems associated with the illegal, inappropriate,
and abusive use of prescription drugs, the Florida Legislature has enacted the Prescription Drug
Monitoring Program Act set forth in section 893.055, Florida Statutes, which requires pharmacies,
dispensing health care practitioners and other persons dispensing controlled substances through
City of Winter Springs
Ordinance No.2012-09
Page t of 6
pain management clinics to register with the State of Florida Department of Health in order to
conduct such business; and
WHEREAS, in 2010 in order to combat the proliferation of pain management clinics
illegally and inappropriately dealing in prescription drugs, the Florida Legislature further required
pain management clinics (as defined by Florida Statutes) to duly register with the State of Florida
Department of Health and comply with certain defined registration and operational requirements;
and
WHEREAS, the Florida Legislature in 2011 also amended the local nuisance abatement
board statute, section 893.138, Florida Statutes, to expressly authorize local governments to
declare certain pain management clinics (as defined by Florida Statutes) as public nuisances,
which have been used on more than two (2) occasions within a six-month period as a site of a
statutory violation relating to assault and battery, burglary, theft, robbery by sudden snatching,and
the unlawful distribution of controlled substances; and
WHEREAS, pursuant to Chapter 2011-141, Laws of Florida, Section 28, the Florida
Legislature declared a public health emergency regarding certain identified dispensing
practitioners with large inventories of controlled substances listed in Schedule II or Schedule 111 as
provided in section 893.03, Florida Statutes, and found (in part) as a basis of said emergency that:
(1) prescription drug overdose has been declared a public health epidemic by the United States
Centers for Disease Control and Prevention; (2) prescription drug abuse results in an average of
seven deaths in Florida each day; (3) physicians in Florida purchase more than 85% of the
oxycodone purchased by all practitioners in the United States in 2006; (4) physicians in Florida
purchase more than 93% of the methadone purchased by all practitioners in the United States in
2006: (5) some physicians in Florida dispense medically unjustifiable amounts of controlled
substances to addicts and to people who intend to illegally sell the drugs; (6) it is likely that the
same physicians that purchase and dispense medically unjustifiable amounts of drugs will not
legally dispose of the remaining inventory in accordance with required state procedures; and (7)
the actions of some dispensing practitioners may result in substantial injury to the public health;
and
WHEREAS, while new regulations were being studied and adopted to combat the
adverse secondary effects and impacts created by pain management clinics, such as illegal
prescription drug trafficking and sales of illegal drugs around the clinics, loitering by pain clinic
customers while waiting in long lines to receive drugs, and loitering in the area surrounding the
clinics, many counties and municipalities in the State of Florida, including the City of Winter
Springs through the adoption of Ordinance No. 2012-03, have established moratoriums
prohibiting the opening of new pain management clinics; and
WHEREAS, such adverse secondary effects and impacts associated with certain pain
management clinics creates a compelling and substantial governmental interest necessitating the
City to adopt regulations for such clinics from the standpoint of regulating the operation of such
City of Winter Springs
Ordinance No.2012-09
Page 2 of 6
clinics, as well as regulating the future location of such clinics within the City of Winter Springs;
and
WHEREAS, the City Commission has reviewed and considered the findings and
recommendations of the Prescription Drug Task Force, created by Orange County, Florida, Mayor
Theresa Jacobs, which was presented to the City of Orlando Commission on November 14, 2011,
and hereby finds that the City of Winter Springs' adoption (in principle) of the Task Force's land
use and zoning recommendations will provide a comprehensive local land use approach to
addressing the adverse secondary effects related to the illegal, inappropriate, and non-medical use
of prescription drugs and the proliferation of pain management clinics; and
WHEREAS, with the adoption of this zoning ordinance and the associated
regulatory ordinance, the City Commission intends to lift the moratorium imposed by
Ordinance No. 2012'03, and impose these zoning regulations and related substantive
regulations on pain management clinics and pharmacies in the City of Winter Springs; and
WHEREAS,the City Commission ofthe City of Winter Springs, Florida, hereby finds this
Ordinance to be in the best interests of the public health, safety, and welfare of the citizens of
Winter Springs.
NOW, THEREFORE, THE CITY COMMISSION OF THE CITY OF WINTER
SPRINGS HEREBY ORDAINS, AS FOLLOWS:
Section X. Recitals. The foregoing recitals are hereby fully incorporated herein by
reference as legislative findings of the City Commission of Winter Springs.
Section 2. Repeal of Moratorium Ordinance. The moratorium ordinance against
pain management clinics implemented by Ordinance No. 2012-03 shall be repealed upon this
Ordinance and Ordinance No. 20 12-10 becoming effective.
Section 3. Code Amendment to Industrial Zoning District. The list of permitted
uses in the |'} Light Industrial District set forth in the City of Winter Springs Code of Ordinances
is hereby amended as follows (underlined type indicates additions and tuikeout type indicates
deletions, while asterisks (* * *) indicate a deletion from the Ordinance of text existing in section
20-259. It is intended that the text in section 20-259 denoted by the asterisks and set forth in this
Ordinance shall remain unchanged from the language existing prior to adoption of this ordinance):
20-259 Uses Permitted
* * *
(11) Pain Management Clinics are clinics that are registered with the State pursuant to section
458.3265 or section 459.0137, Florida Statutes,provided said clinic complies with all of following
City of Winter Springs
Ordinance No. 2012-09
Page 3 of 6
locational restrictions:
(a) Shall not be co-located on the same property as a pharmacy.
(b) Shall not be operated within 1,000 feet of any pre-existing pharmacy, school, day care
ctntor, or residential unit unless a variance is granted pursuant to section 20-32 of the City
Code.
This subsection shall not be construed as authorizing a 'pill mill" which is prohibited by section
20-420, City Code.
Section 4. Code Amendment to Supplemental Zoning District Regulations.
Chapter 20, Article V, Supplemental District Regulations, are hereby amended to create a new
section 20-420 as follows (underlined type indicates additions and slfAeef*u-t type indicates
deletions, while asterisks (* * *) indicate a deletion from the Ordinance of text existing in Chapter
20, Article V. It is intended that the text in Chapter 20, Article V denoted by the asterisks and set
forth in this Ordinance shall remain unchanged from the language existing prior to adoption of this
ordinance):
Chapter 20
Supplemental District Regulations
* * *
Secs. 20-420 Y- 20-430' Reserved.
Sec. 20-420. Pill Mills
Pill mills are strictly prohibited. For purposes of this section, a pill mill is any doctor's office,
clinic, or health care facility that routinely colludes in prescribing and dispensing of controlled
substances in violation of federal law or Florida Statutes and regulations, or any pain management
clinic, whatever its title, including but not limited to u°v/eUncxa centcr," "urgent care facility," or
"detox center," that fails to register with the State of Florida as required by section 458.3265 or
section 459.0137, Florida Statutes.
Section 5. Code Amendment to Home Occupation Prohibitions. Section 20-452
Home occupations or home offices, Winter Springs Code is hereby amended as follows
(underlined type indicates additions and strikeout type indicates deletions, while asterisks (* * *)
indicate a deletion from the Ordinance of text existing in section 20'452. It is intended that the
text in section 20-452 denoted by the asterisks and set forth in this Ordinance shall remain
unchanged from the language existing prior to adoption of this ordinance):
City of Winter Springs
Ordinance No. 2012-09
Page 4 of 6
20-242 Home occupations or home offices
(a) A home occupation or home office, as defined in section 20-1 of the City Code, is
permitted in all residential zoning categories provided that:
* * *
(6) The following uses shall not be considered a home occupation or home office:
* * *
bb. Pain Management Clinics. as defined b« section 450.32h5or section 459.0|37, Florida
Statutes.
13-13. cc. Any other use or activi similar in nature or purpose to those listed herein and any
other use or activity inconsistent with the requirements of this Code.
Section 6. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior
inconsistent ordinances and resolutions adopted by the City Commission, or parts of prior
ordinances and resolutions in conflict herewith, are hereby repealed to the extent of the conflict.
Section 7. Incorporation Into Code. This Ordinance shall be incorporated into the
Winter Springs City Code and any section or paragraph. number or letter, and any heading may be
chanud or modified as necessary to effectuate the foregoing. Grammatical, typographical, and
like errors may be corrected and additions, alterations, and omissions, not affecting the
construction or meaning of this Ordinance and the City Code may be freely made.
Section 8. Severability. If any section, subsection, sentence, clause, phrase, word or
provision of this ordinance is for any reason held invalid or unconstitutional by any court of
competent jurisdiction, whether for substantive. procedural, or any other reason, 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 ordinance.
Section 9. Effective Date. This Ordinance shall become effective immediately
upon adoption by the City Commission of the City of Winter Springs, Florida, and pursuant to the
City Charter.
City of Winter Springs
Ordinance No.20|2'09
Page 5 of 6
ADOPTED by the City Commission of the City of Winter Springs, Florida, in a regular
meeting assembled on the 23rd day of July, 2012.
i ,,
....fie____
c A r'll Es LAr-CEY, , or
ATT1,k.T:
1 Ilf
NM ?.7111.Tr" NZO-LUACES
Ci 'ler
APPROVED AS TO LEGAL FORM AND SUFFICIENCY
FOR TH ATY OF WINTER SPRINGS ONLY.
‘iiih, —.............
/411W1
ANTI I 'Y A. GARGANESE
City Attorney
First Legal Ad Published: June 28, 2012
First Reading: July 9, 2012
Second Legal Ad Published: July 12, 2012
Effective Date: See Section 9.
City of Winter Springs
Ordinance No.2012-09
Page 6 of 6