Ordinance 12-1998 ORDINANCE NO. 12 -1998
AN ORDINANCE OF THE CITY OF LONGWOOD, FLORIDA, AMENDING THE LONGWOOD
DEVELOPMENT CODE ARTICLE I GENERAL PROVISIONS, ARTICLE II LAND USE AND
OVERLAY DISTRICTS, ARTICLE V SUPPLEMENTAL STANDARDS, ESTABLISHING
REQUIREMENTS FOR PAIN MANAGEMENT CLINICS, AND PROVIDING FOR CONFLICTS,
CODIFICATION, SEVERABILITY AND 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 Longwood 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 Longwood 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
Longwood; 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 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
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(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, 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 III 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 Longwood through the adoption of Ordinance 10 -1951 and extension by Ordinance 11-
1966, 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 clinics; and
WHEREAS, with the adoption of this ordinance, the City Commission intends to lift the moratorium
imposed by Ordinance 10 -1951 and extension by Ordinance 11 -1966, and impose these regulations on pain
management clinics and pharmacies in the City of Longwood; and
WHEREAS, the City Commission of the City of Longwood, Florida, hereby finds this Ordinance to be
in the best interests of the public health, safety, and welfare of the citizens of Longwood.
City of Longwood Ordinance 12 -1998 - 2 of 6
NOW, THEREFORE BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
LONGWOOD, FLORIDA, AS FOLLOWS:
SECTION 1 . The Longwood Development Code shall be Amended as follows (Words that are st-fie ou are
deletions; words that are underlined are additions; Articles, Sections, Subsections and Provisions not referenced
in this ordinance are not modified):
ARTICLE I. - GENERAL PROVISIONS
Pain management clinic. Pain Management Clinics shall be defined as described in section 453.3265 or section
459.0137, Florida Statutes.
Pill mill 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 a "wellness center," "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.
ARTICLE II. - LAND USE DISTRICTS AND OVERLAY DISTRICTS
2.3.0. - Allowable uses.
2.3.1. Table of allowable uses. The following uses are allowable, subject to the standards, regulations, and
criteria of this code and the Longwood Comprehensive Plan, and may be further restricted by the Planning
Districts in the Longwood Design Guidebook. All uses unless exempted specifically or by sgpulemental
standards or definition must be contained within a principal structure A principal structure may not be a tent,
trailer, canopy, shed tent or similar structure. The use table is intended to apply to new development or
changes of use that create impacts that are not supported by the site:
Uses Districts
Low Density Medium Neighborhood Infill and Industrial Public Conservation
Residential Density Commercial Mixed- Anstitutio
Residential Mixed -Use Use nal
Pain management clinics S
(L4.19
)
ARTICLE V. - SUPPLEMENTAL STANDARDS
City of Longwood Ordinance 12 -1998 - 3 of 6
5.4.19. Pain management clinics. Pain Management Clinics are clinics that are registered with the State
pursuant to section 458.3265 or section 459.0137, Florida Statutes, and must comply with all of the following
restrictions:
(A) Shall not be co- located on the same prope as a pharmacy_
(B) Shall not be operated within 1,000 feet of any pre-existing pharmacy, school day care center,
religious institution, or residential unit.
1. Distance requirements shall be documented b, the applicant.
2. All distance requirements shall be measured by drawing a straight line from the nearest properly
line of the pre - existing protected use to the nearest property line of the proposed pain mans eg_ ment
clinic.
(C) No pain management clinic shall limit patient payment options to cash only_
(D) The hours of operation of a pain management clinic shall be limited to 7:00 a.m. to 7 p.m. of the
same day.
(E) No pain management clinic shall provide or allow outdoor seating areas, queues, or customer
waiting areas. All activities shall be conducted within the building and adequate indoor waiting
areas shall be provided for all patients and business invitees. The pain management clinic shall not
direct or encourage any patient or business invitee to stand, sit (including in a parked car), Rather,
or loiter outside of the building where the clinic operates, including in parking area, adjacent
sidewalk or right of way or r nei hboringpropert for or any period of time longer than that reasonably
required to arrive and depart. No drive thru or walk up service shall be permitted. The pain
management clinic shall post a conspicuous sign stating that no loitering is allowed on the
p rope M.
(F) Parking demand created by a pain management clinic shall not exceed the code compliant number
of parking_ spaces located on site as required by the Cily of Longwood's parking regulations. The
minimum number of parking spaces shall be 1 parking space to every 200 square feet of floor area.
Off -site and /or shared parking shall not be allowed.
(G) The applicant must obtain all required building and use permits.
(H) Provide the Community Development Services Director with evidence of the pain management
clinic's registration with the State pursuant to section 458.3265 or section 459.0137, Florida
Statutes.
(I) Prior to the commencement of the use and receiving any required building or use permits,
including_ permits for signs a an applicant shall apply for a Pre - Application meeting with the
Community Development Services Department to submit documentation acceptable to the
Community Development Services Director indicating compliance with the requirements of this
section. Upon the applicant meeting the he requirements of this section and submitting the required
City of Longwood Ordinance 12 -1998 - 4 of 6
documentation to the Community Development Services Director evidencing suc compliance, the
Community_ Development Services Director will issue a letter indicating that compliance with this
section has occurred, and thereafter, the pain management clinic shall continue to comply with the
requirements of this section.
On or before January 31, 2013, any pain management clinic lawfully operating to the e date of this
section shall (i) comply with the requirements of subsection (C), (D), (E) and (H) ab and maintain
compliance of such requirements thereafter; and (ii) submit documentation acceptable to the Community
Development Services Director indicating co with the applicable requirements of t his section. The
time period for which discontinuance of a nonconforming_ pain management clinic use is d abandoned
under Section 9.1.1.3. is 90 days.
This section shall not be construed as authorizing a "pill mill." Pill mills are strictly prohibited regardless of
whether such use was operating_ prior to the effective date of this section. For purposes of this section, a pill
mill is any doctor's office, clinic, or health care facility that routinely colludes in prescribing rind 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 a "wellness center," "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.
5.5.0. - Home occupations.
H. The following shall not be considered home occupations; beauty shops, barbershops, group band
instrument or dance instruction, group swimming instruction, a studio for any type of group instructions, public
dining facility or tearoom, antique or gift shop, photographic studio, fortune telling or similar activity, outdoor
repair, food processing, on premises retail sales, day care /nursery providing care for more than five children,
kindergarten, the giving of group instruction of any type, providing personal services on the premises such as
massage therapy, personal fitness or providing daycare, boarding, grooming or breeding of animals, ain
management clinics as defined by section 458.3265 or section 459.0137, Florida Statutes
SECTION 2. CONFLICTS. If any ordinance or part thereof is in conflict herewith, this Ordinance shall
control to the extent of the conflict.
SECTION 3. REPEAL OF MORATORIUM ORDINANCE. The moratorium against pain management clinics
implemented by Ordinance 10 -1951 and extended by Ordinance 11 -1966 shall be repealed upon this Ordinance
becoming effective.
City of Longwood Ordinance 12 -1998 - 5 of 6
SECTION 4 : CODIFICATION. Section 1 of this Ordinance shall be codified; that such sections may be
renumbered or relettered to accomplish the intent of this Ordinance.
SECTION 5: SEVERABILITY. The provisions of this Ordinance are declared to be separable and if any
section, paragraph, sentence or word of this Ordinance or the application thereto any person or circumstance is
held invalid, that invalidity shall not effect other sections or words or applications of this Ordinance. If any part
of this Ordinance is found to be preempted or otherwise superseded, the remainder shall nevertheless be given
full force and effect to the extent permitted by the severance of such preempted or superseded part.
SECTION 8: EFFECTIVE DATE. This Ordinance shall take effect immediately upon its adoption.
LAND PLANNING AGENCY HEARING: O(��e -�' D, Z d l L--
FIRST READING: ��y ✓e�na �e� o�� �D l Z
SECOND READING AND ADOPTION: tle 7,0 Y
PASSED AND ADOPTED THIS I DAY OF � f
RIAN D. SACKETT YOR
ATTE .
! r
SARAH M. MIRUS, MMC, MBA, CITY CLERK
Approved as to form and legality for the use and reliance of the City of Longwood, Florida, only.
EL W. L L TORNEY
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