1063 Zoning and Land Use MoratoriumORDINANCE NO. 1063
AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA ENACTING
A ONE YEAR MORATORIUM UPON THE ACCEPTANCE OF ZONING OR
LAND USE AMENDMENTS, IN THE LAND DEVELOPMENT CODE,
ORDINANCE 716, AND THE ISSUANCE OF BUSINESS TAX LICENSE
UNDER CH. 50 CODE OF ORDINANCES, AND APPLICABLE REQUESTS
FOR APPROVAL OF PAIN MANAGEMENT CLINICS, OR DRUG
MANAGEMENT CLINICS, AS DEFINED HEREIN; WITHIN THE CITY OF
OKEECHOBEE, FLORIDA; FURTHER PROVIDING FOR APPEAL AND
REVIEW PROCESS; PROVIDING FOR CONFLICTS, SEVERABILITY;
PROVIDING AN EFFECTIVE DATE.
WHEREAS, it is commonly known in South Florida via news media; televised and
newspaper reports; court records, and studies conducted in other Florida
jurisdictions that pain management clinics, drug management clinics, or by whatever
label is employed to conduct such business, that such businesses carry the
reputation of being nothing more than "pill mills," or a means by which persons are
able to fill multiple prescriptions for controlled substances and prescription pain
medications from a licensed physician, without doctor patient interaction,
examination or diagnosis; and
WHEREAS, such clinics dispense thousands of pills to persons, including multiple
dispensing of the same prescription by the patients' use of "doctor shopping," which
is a felony offense in the State of Florida, and that the person often sells the pills to
obtain money to again refill their own prescription, which attracts purchasers who
travel from out of state; and
WHEREAS, such clinics cause or have been associated with drug dependance by their
"patients," including the death of patients who overdose by their drug dependency
and the sheer volume of pills that are dispensed; and that criminal activity increases
in areas where such clinics are located; and
WHEREAS, in Chapter 2009 -198, Laws of Florida, the Legislature recognized that
pharmaceutical drug diversion hurts this state significantly, in terms of lost lives,
increased crime, human misery from addiction, increased medical costs and
medicaid fraud; and
WHEREAS, neighboring counties and municipalities are enacting moratoriums or
ordinances strictly controlling and limiting such clinics, causing them to relocate to
more rural locations, such as Okeechobee County, in search of venues with lax
licensing and regulation, and;
WHEREAS, the adoption of this moratorium will provide the City of Okeechobee an
opportunity to develop strict regulations that address these secondary effects of
Pain Management Clinics, and their impact on our community, and to protect the
health and welfare of its citizens;
NOW, THEREFORE, it is ordained before the City Council for the City of Okeechobee,
Florida; presented at a duly advertised public meeting; and passed by majority vote
of the City Council; and properly executed by the Mayor or designee, as Chief
Presiding Officer for the City, as follows:
THAT, the terms herein or referenced in this ordinance shall have the following
meanings:
Ordinance No. 1063 Page 1 of 3
1. MEDICAL OR DENTAL OFFICE. An establishment where patients, who are
not lodged overnight, are admitted for examination or treatment by persons
practicing any form of healing, or health related services, whether such
persons be medical doctors, chiropractors, osteopaths, chiropodists,
naturopaths, optometrist, dentists, or any such professions; who adopt and
perform a standard of practice similar to that described herein; the practice
of which is lawful in the State of Florida, and who are licensed under F.S.
Chapter 395, 400, 458, or applicable statutes. A Pain Management Clinic, or
drug management clinic, or such other clinic that does not qualify under this
section, shall not be considered a medical or dental office.
2. PAIN MANAGEMENT CLINIC. 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 who is primarily engaged in the
treatment of pain by prescribing or dispensing controlled substances as
defined under F.S. Chapter 893 or elsewhere, and are required to register
with the Florida Department of Health pursuant to F.S. 458 or 459. A
physician is primarily engaged in the treatment of pain by prescribing or
dispensing controlled substance medications when the majority of the
patients seen are prescribed or dispensed controlled substances for the
treatment of chronic nonmalignant pain, without significant doctor patient
interaction, examination and diagnosis, and which clinics do not adopt a
standard of practice similar to that defined herein. Chronic nonmalignant
pain is pain unrelated to cancer, which persists (1) beyond the usual course
of the disease or the injury that is the cause of the pain, or (2) more than 90
days after surgery.
3. AUTHORIZED STANDARD OF PRACTICE. It is recognized that there exists
a need for legitimate pain management for patients with chronic
nonmalignant pain, and at such time as the City adopts an ordinance
regulating Pain Management Clinics, for such legitimate Pain Management
Clinics, the standards of practice would include, but are not limited to, a
complete medical history and physical examination be conducted and
documented in the medical records prior to commencement of any
treatment. The medical record would document the nature and intensity of
the pain, current and past treatments for pain, underlying or coexisting
diseases or conditions, the effect of the pain on physical and psychological
function, a review of prior medical records, previous diagnostic studies, and
history of alcohol and substance abuse. The medical record would also
document the presence of one or more recognized medical indications for
the use of a controlled substance.
Prior to prescribing or dispensing controlled substances, the patients' records
must include a diagnosis made within 60 days prior to the presentation of the
patient at the office of the clinic, by a licensed physician not practicing, or
having any financial or ownership interest in the Pain Management Clinic, or
there exists a written referral for treatment by a Florida Licensed Physician
not practicing, or having any financial or ownership interest in the clinic,
which was provided within 60 days prior to presentation of the patient at the
clinic.
4. THAT, the intent of this ordinance is to prohibit the establishment of Pain
Management Clinics within the City of Okeechobee for a period of one year
from adoption, to protect the public against illegitimate and dangerous
practices in the prescribing and dispensing of controlled substances, but not
to prohibit the legal prescribing and dispensing of controlled substances by
legitimate offices of medical providers licensed under Florida law, or
pharmacies.
Ordinance No. 1063 Page 2 of 3
5. THAT, for any such applicant who hereafter applies for a land use or zoning
change, and application for business tax license to locate and establish a
licensed medical facility that seeks to dispenses controlled substances, such
application shall include not only the general information necessary for
purposes of the Building Department and Department of General Services,
but include proposed standards of practice for its patients as defined herein,
in order for the City to determine if the proposed business is indeed a
legitimate entity and not a Pain Management Clinic.
6. THAT, if during the period of this moratorium, the City denies issuance of a
Land use or Zoning change, and Business Tax License for a facility that it
considers a Pain Management Clinic, such applicant may appeal the
decision to the City Administrator. The administrator shall review the
applicants' information, including standards of practice, to determine the
nature of the proposed business, provide the applicant a meeting to discuss
the issues, and render a decision as to whether the City has properly denied
the application as a prohibited Pain Management Clinic.
7. THAT, all laws or ordinances in conflict with any provisions of this ordinance
are hereby repealed to the extent of such conflict.
8. THAT, if any section, paragraph, sentence, clause, phrase, word, definition,
or any other item contained in this ordinance is for any reason held by the
court to be unconstitutional, inoperative, void or otherwise invalid, the
balance shall remain in effect and such holding shall not affect the remainder
of this ordinance.
9. THAT, the City of Okeechobee reserves the right, upon public notice, to
extend, modify, or otherwise amend this moratorium from time to time in its
sole discretion, to serve a municipal purpose.
10. THAT, this Ordinance shall become effective upon adoption.
INTRODUCED for first reading and set for final
2010.
ATTEST:
Lane Gamiote. CMC, City Clerk
ATTEST:
PASSED AND ADOPTED after Second and Fin.
Lane` Gamiotea, CMC, City Clerk
REVIEWED FO EGA SUF ICIENCY:
John R. Cook, City Attorney
Ordinance No. 1063 Page 3 of 3
hearing on this 20 day of April,
9
James E. Kirk, Mayor
lic Hearing this 4th day of May, 2010.
James E. Kirk, Mayor