4253 Emergency Ord: Pain Mgmt ClinicsEmergency Ordinance No. 2011 -4253
An Emergency Ordinance of the City of Sanford, Florida pertaining to
pain management clinics; providing for legislative findings;
providing for operational standards and regulations relating to pain
management clinics; providing for enforcement and penalties;
providing for implementing administrative actions; providing for a
savings provision; providing for conflicts; providing for severability;
providing for codification and providing for an effective date.
Whereas, Article Vlll, Section 2, Constitution of the State of Florida, authorizes
the City of Sanford to exercise any power for municipal purposes except as otherwise
provided by law; and
Whereas, the public health, safety and welfare is a legitimate public purpose of
the City of Sanford; and
Whereas, the City of Sanford has received evidence pertaining to the
proliferation of pain management clinics in the State of Florida and Seminole County,
prescription drug abuse, deaths associated with such abuse and crimes stemming from
such abuse; and
Whereas, the City Commission of the City of Sanford finds that the illegal sale,
use, and delivery of controlled substances is a threat to the health, safety and welfare of
the residents of the City; and
Whereas, the number of pain clinics has dramatically increased in Florida and
millions of dose units of Oxycodone are being dispensed in Florida far in excess of any
reasonable or rational number based upon the population of the State of Florida and
studies have concluded that burglaries and robberies increase in areas where pain
clinics are located along with drug trafficking in prescription drugs; and
11 Page
Whereas, authoritative agencies of government have concluded that the
proliferation of pain management clinics has become a significant health, safety and
general welfare problem for the citizens of the State of Florida; and
Whereas, Dave Aronberg, Special Prosecutor, Prescription Drug Trafficking,
State of Florida Attorney General's Office, has identified prescription drug abuse and
deaths in the State of Florida as being directly related to the increase in the number of
pain clinics; and
Whereas, arrests have been made in the areas of Seminole County which
directly relate to prescription narcotics; and
Whereas, the City of Sanford previously adopted an ordinance establishing a
moratorium relating to pain management clinics to study the issues identified in this
Ordinance and also to determine the necessary regulations for operation of pain
management clinics in the City of Sanford and commenced enactment of the provisions
of this Ordinance by regular ordinance enactment processes and procedures as well as
invoking the pending ordinance doctrine'; and
Whereas, the City of Sanford does not currently regulate pain management
clinics; and
Whereas, it is not the intent of this Ordinance to interfere with the legal
prescription, dispensation or use of controlled substances; and
Whereas, the City Commission of the City of Sanford finds it is in the best
interest of the citizens of the City to minimize and control the adverse effects of pain
management clinics and thereby protect the health, safety, and welfare of the citizenry;
1 See "Issue Brief 2011 -211" published by the Committee on Community Affairs of the Florida Senate in October,
2010.
21 Page
protect the citizens from increased crime; preserve the quality of life and preserve
property values by adopting appropriate regulatory controls pertaining to pain
management clinics; and
Whereas, the City Commission of the City of Sanford finds that this Ordinance
is in the best interest of its citizens to enact an ordinance regulating pain management
clinics and their impacts on the community; and
Whereas, although not a land development regulation, this Ordinance is
consistent with the goals, objectives and policies of the Comprehensive Plan of the City
Sanford; and
Whereas, the City Commission of the City of Sanford finds it is in the best
interests and welfare of the citizens of the City of Sanford to enact this Ordinance
regulating pain management clinics in the City of Sanford;
Whereas, the provisions of Section 166.041 (3) (b), Florida Statutes, provide, in
pertinent part, that "[t]he governing body of a municipality may, by a two- thirds vote,
enact an emergency ordinance without complying with the requirements of ... (State
law). "; and
Whereas, the City Commission has determined that the enactment of this
Ordinance by means of the emergency ordinance enactment provisions of State law is
in the best interests of the citizens of the City of Sanford and will ensure that the City
and its citizens are protected against the adverse effects of pain management clinics
upon society.
Now, Therefore, Be it Enacted By the People of the City Of Sanford, Florida:
Section 1. Legislative Findings.
A new section of the Code of Ordinances of the City of Sanford, Florida is
created to read as follows:
(a). The agenda memorandum prepared by the City Attorney relating to this
matter are hereby adopted as if fully set forth herein.
(b). The City of Sanford has complied with all requirements and procedures of
Florida law in processing and advertising this Ordinance and, specifically, This
Ordinance has been enacted with the requisite super- majority vote as required by State
law.
(c). The foregoing recitals (whereas clauses) are hereby adopted as the
legislative findings of the City Commission of the City of Sanford and incorporated into
this Ordinance as if set forth in haec verba.
Section 2. Regulation Of Pain Management Clinics. New provisions of the
Code of Ordinances of the City of Sanford, Florida are created to read as follows:
Definitions.
(a). The following words, terms and phrases, when used in this Ordinance,
shall have the meanings ascribed to them in this section, except where the context
clearly indicates a different meaning:
(1). Controlled substance medication. Any controlled substances identified in
Schedules I, ll, III or IV of Sections 893.03, 893.035, 893.0355 or 893.0356, Florida
Statutes, as amended from time -to -time.
(2). Chronic nonmalignant pain. Pain unrelated to cancer or rheumatoid
arthritis, which persists beyond the usual course of the disease or injury that is the
41 Page
cause of the pain, or more than ninety (90) days after surgery.
(3). Medical Director. The physician licensed by the State of Florida with a full,
active and unencumbered license under Chapters 458 or 459, Florida Statutes, as
amended from time -to -time, who shall be the designated physician responsible for
complying with all requirements to the permitting and operation of the pain management
clinic as defined by Sections 458.3265(1)(c) or 459.0137(1)(c), Florida Statutes, as
amended from time -to -time.
(4). 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 or an osteopathic physician who is primarily engaged in
the treatment of pain by prescribing or dispensing controlled substance medications,
unless (i) licensed as a facility pursuant to Chapter 395, Florida Statutes; (ii) the majority
of the physicians who provide services in the clinic primarily provide surgical services;
(iii) 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; (iv) the clinic is
affiliated with an accredited medical school at which training is provided for medical
students, residents, or fellows; (v) the clinic does not prescribe or dispense controlled
substances for the treatment of pain; or (vi) the clinic is owned by a corporate entity
exempt from federal taxation under 26, United States Code, § 501(c)(3).
(5). Pharmacy. A retail establishment that includes a community pharmacy, an
institutional pharmacy, a nuclear pharmacy or a special pharmacy as defined by Section
465.003, Florida Statutes, as amended from time -to -time.
5 1Pege
(A). The term "community pharmacy" includes every location where medicinal
drugs are compounded, dispensed, stored or sold or where prescriptions are filled or
dispensed on an outpatient basis.
(B). The term "institutional pharmacy" includes every location in a hospital, clinic,
nursing home, dispensary, sanitarium, extended care facility or other facility, hereinafter
referred to as "health care institutions ", where medicinal drugs are compounded,
dispensed, stored or sold.
(C). The term "nuclear pharmacy" includes every location where radioactive
drugs and chemicals within the classification of medicinal drugs are compounded,
dispensed, stored or sold. The term "nuclear pharmacy" does not include hospitals
licensed under Chapter 395, Florida Statutes, or the nuclear medicine facilities of such
hospitals.
(D). The term "special pharmacy" includes every location where medicinal drugs
are compounded, dispensed, stored or sold if such locations are not otherwise defined
in this subsection.
(b). The following words, terms and phrases not defined in this Ordinance shall
have the meanings ascribed to them in controlling State law except where the context
clearly indicates a different meaning.
Pain Management Clinics Operational Standards.
(a). It is prohibited and unlawful for a pain management clinic to have in its
employ an employee, full -time, part -time, contract, independent or volunteer who has
been convicted of or who has pled guilty or nolo contendere at any time to an offense
constituting a felony in this State or in any other state involving the prescribing,
61 Page
dispensing, supplying, selling or possession of any controlled substance within a five (5)
year period prior to the date of employment at the pain management clinic.
(b). It is prohibited and unlawful for a pain management clinic to have any
outdoor seating areas, queues or customer waiting areas or to permit patients to wait on
the pain management clinic property outside the pain management clinic building. All
activities of a pain management clinic including, but not limited to, the sale, display,
preparation and storage of anything of any type or nature shall be conducted entirely
within a completely enclosed building.
(c). It is prohibited and unlawful for a pain management clinic to have an on -site
pharmacy for controlled substance medication.
(d). Within thirty (30) days of the removal of a pain management clinic from a
building, site or parcel of land for any reason, the property owner shall be responsible
for removing all signs, symbols or vehicles identifying the premises as a pain
management clinic. It is prohibited and unlawful for a property owner to fail to remove
such signs, symbols or vehicles. In the event of noncompliance with this provision the
City may remove such signs at the expense of the property owner.
(e). It is prohibited and unlawful for a pain management clinic to fail to remain in
compliance with all federal, state, county and municipal laws and ordinances as may be
amended.
(f). It is prohibited and unlawful for a pain management clinic to operate on any
day except for Monday through Saturday or at any time except during the hours
between 7:00 a.m. and 7:00 p.m.
(g). It is prohibited and unlawful for pain management clinics to limit payment
71 Page
options for goods or services to "cash only" transactions.
(h). The payment of the local business tax and the issuance of a business tax
receipt shall not, in any way, be deemed to grant any right or entitlement to any payee
of the local business tax such as, but not limited to, any land use, building or
development approval. The payment of the tax represents only the payment of a tax
and nothing more. The payment of the tax shall not exempt the payee from any other
provision of Federal, State or City law, ordinance, rule, regulation or policy.
(i). All pain management clinics shall allow representatives of the City of Sanford
to enter and inspect their places of business during business hours or at any time the
business is occupied for the purpose of an inspection to verify compliance with the
permit requirements of this Ordinance.
Section 3. Enforcement And Penalties. A new section of the Code of
Ordinances of the City of Sanford, Florida is created to read as follows:
(a). It is prohibited and unlawful for any person to fail to comply with the
requirements of this Ordinance.
(b). The City may enforce the provisions of this Ordinance by any lawful means
available to the City under the controlling provisions of State law.
(c). The penalties for violation of this Ordinance shall be as set forth in the code
enforcement method asserted by the City under the Code of Ordinances of the City
of Sanford, Florida or as may be available under the controlling provisions of State law.
2 See Attorney General Opinion Number AGO 90 -25, dated April 3, 1990, to Mr. Randy Ludacer, County Attorney
for Monroe County.
81 Page
Section 4. Implementing Administrative Actions.
The City Administrator is hereby authorized and directed to implement the
provisions of this Ordinance.
Section 5. Savings.
The prior actions of the City of Sanford relating to the regulation of pain
management clinics are hereby ratified and affirmed.
Section 6. Conflicts.
All ordinances or parts of ordinances in conflict with this Ordinance are hereby
repealed.
Section 7. Severability.
If any section, sentence, phrase, word, or portion of this Ordinance is determined
to be invalid, unlawful or unconstitutional, said determination shall not be held to
invalidate or impair the validity, force or effect of any other section, sentence, phrase,
word, or portion of this Ordinance not otherwise determined to be invalid, unlawful, or
unconstitutional.
Section 8. Codification.
The provisions of Sections 1, 2 and 3 of this Ordinance shall become and be
made a part of the Code of Ordinances of the City of Sanford, Florida. All other
Sections shall not be codified.
91 Page
Section 9. Effective Date.
This Ordinance shall become effective immediately upon enactment by the City
Commission.
Passed and adopted this 12 day of September, 2011.
Attest:
Citv Commission
of the City of
Janet Dougherty, C Clerk
Approved as to form
and legal sufficiency.
'Willi-am L. Colbert, City Attorney
Jeff Triplett,
101 Page