Ordinance 10-1951 ORDINANCE NO. 10 -1951
AN ORDINANCE OF THE CITY OF LONGWOOD, FLORIDA,
ESTABLISHING A TEMPORARY MORATORIUM ON THE REVIEW
AND ISSUANCE OF PERMITS FOR PAIN CLINICS, PAIN
MANAGEMENT CLINICS, URGENT CARE CLINICS AND /OR
CASH ONLY PHARMACIES PENDING THE INVESTIGATION OF THE
PERMITTING CRITERIA OF SUCH ACTIVITIES; PROVIDING FOR
THE NON - ACCEPTANCE OF THE OCCUPATIONAL LICENSE TAX
RELATING TO SUCH ACTIVITIES; PROVIDING FOR THE ADOPTION
OF LEGISLATIVE FINDINGS; PROVIDING FOR THE GEOGRAPHIC
AREA COVERED; PROVIDING FOR THE DURATION OF
MORATORIUM; PROVIDING FOR RE- ENACTMENT; PROVIDING
FOR PENALTIES; SEVERABILITY, CONFLICTS, NON -
CODIFICATION AND AN EFFECTIVE DATE.
WHEREAS, the City of Longwood, Florida provides municipal services to its
citizens, including regulation and licensing of businesses; and
WHEREAS, the appropriate regulation, licensing and permitting of businesses
are vital to the public's health, safety, morals and welfare as deficient or inadequate regulations
can lead to public harm; and
WHEREAS, the City Commission has learned of certain activities related to
"Pain Clinics ", "Pain Management Clinics ", "Urgent Care Clinics" and /or "Cash Only
Pharmacies" within the City of Longwood being proposed or considered which activities
would harm the City's economic and redevelopment activities and otherwise significantly and
adversely affect the public health, safety, morals and welfare; and
WHEREAS, various studies and reports have been conducted concerning the
Proliferation of Pain Clinics in Florida and in 2008, prescription drugs were attributed to an
average of 13 1/2 deaths per day in Florida; and
WHEREAS, reports have found that in the areas where Pain Clinics, Pain
Management Clinics, Urgent Care Clinics and /or Cash Only Pharmacies are located,
burglaries, robberies, drug trafficking in prescription drugs, street level sales of prescription
drugs, identity theft and organized criminal activities have all increased; and
WHEREAS, Section 893.055, Florida Statutes, establishes the Prescription
Monitoring Program in Florida, which is designed to provide a comprehensive electronic
database system of controlled substance prescriptions; however, the program does not go into
effect until December 1, 2010; and
WHEREAS, the City Commission of the City of Longwood, Florida, deems it
necessary to the public's health, safety, morals and welfare to cause a study to be accomplished
relative to the criteria for issuance of permits for pain clinics, pain management clinics, urgent
care clinics and /or cash only pharmacies and to place a temporary moratorium on the issuance
of permits and the receipt of the occupational license tax for such activities for a period of
one hundred eighty (180) days; and
BE IT SO ORDAINED BY THE CITY COMMISSION OF THE CITY OF
LONGWOOD, FLORIDA, AS FOLLOWS:
SECTION 1. The above recitals are hereby adopted as the legislative purpose of
this Ordinance and as the City Commission's legislative findings.
SECTION 2. All activities relating to the acceptance, review and action upon permit
applications for pain clinics, pain management clinics, urgent care clinics and /or cash only
pharmacies are temporarily suspended in order for the City of Longwood through its officials
and staff to have adequate time and opportunity to conduct a study or studies and
comprehensively analyze the adequacy of application criteria, standards and other approval
processes and procedures related to the issuance of said permits within the City of Longwood.
For the purposes of this Ordinance, "Pain management clinic, pain clinic and urgent
care clinic" is defined as a privately owned pain- management clinic, facility, or office, which
advertises in any medium for any type of pain - management services or employs a physician
who is primarily engaged in the treatment of pain by prescribing or dispensing controlled
substance medications, and is required to register with the Florida Department of Health
pursuant to Sec.458.309 or Sec. 459.005, Fla. Stat. (2009). 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 controlled substance medications. A "Cash only
pharmacy" shall mean a pharmacy that primarily dispenses medication in Schedule II, III, and
IV in Sections 893.03, 893.035 and 893.0355, Florida Statutes, including but not limited to
opioids, including fentanyl, hydrocodone, morphine and oxycodone to individuals for cash
only and /or is not generally open and accessible to the general public.
Accordingly, based upon the foregoing there is hereby imposed a temporary
moratorium on the receipt and /or acting upon applications for licenses relating to pain clinics,
pain management clinics, urgent care clinics and /or cash only pharmacies. During the time the
temporary moratorium is in effect, the City will accept no applications or act on any pending
applications for permits for such activities and no such new activities shall be permitted within
the City. It is unlawful for any person or entity to engage in the activities that are subjects of
Ordinances without first obtaining a permit for such activities. During the period of time that
the temporary moratorium is in effect, the City shall not accept payments of the occupational
license tax for such activities and shall return any funds accepted for pending applications.
SECTION 3. The temporary moratorium established in this Ordinance shall be
effective in the corporate and municipal boundaries of the City of Longwood.
SECTION 4. Said temporary moratorium shall not affect or modify any business
currently operating within the City of Longwood pursuant to a validly- issued Business Tax
Receipt /Occupational License Tax prior to the effective date of this Ordinance, as long as
the business and the property are in compliance with all applicable local, state and federal
laws.
SECTION 5. The temporary moratorium set forth in this Ordinance shall take effect
immediately upon the effective date of this Ordinance and shall terminate one hundred eighty
(180) days after said effective date. The City will accept no applications or act on pending
applications, which are subject to the moratorium until the moratorium has expired. The City
Commission may extend the temporary moratorium established in this Ordinance one (1) time
for a period not to exceed one hundred eighty (180) days upon a finding by the City
Commission set forth in the Ordinance that the problems giving rise to the need for the
temporary moratorium established herein continue to exist and that reasonable progress is
being made in carrying out specific and prompt plan of corrective legislative action, but that
additional time is reasonably needed to adequately address the issues facing the City.
SECTION 6. It is the intent of the City Commission that this Ordinance be re-
enacted as a non - emergency ordinance.
SECTION 7. Any person, firm, corporation or agent who shall violate any provision
of this Ordinance or who fails to comply therewith, or with any of the requirements thereof,
shall be fined in an amount not exceeding five hundred dollars ($500.00) or be imprisoned
for a period not exceeding sixty (60) days. Either or both penalties may be imposed. Each
day during which any violation occurs constitutes a separate offense. Nothing herein contained
shall prevent the City from taking such other lawful action including, but not limited to, resort to
equitable legal action, as it deems necessary to prevent or remedy any violation of this
Ordinance.
SECTION 8. If any section or portion of a section of this Ordinance proves to be
invalid, unlawful or unconstitutional, it shall not be held to invalidate or impair the validity,
force or effect of any other section or part of this Ordinance.
SECTION 9. If any section or parts of this Ordinance are in conflict herewith, they
are hereby repealed.
SECTION 10. Given the temporary nature and effect of this Ordinance, it is the intent
of the City Commission that this Ordinance not be codified.
FIRST READING this J6 day of NOveni , A.D. 2010.
SECOND READING this '(oday ofLent A.D. 2010.
FINAL READING A N D ADOPTION this ( p day oft&e....?-441 ber A.D. 2010.
P PP-
John C. "aingo Mayor
ATTEST:
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.
Daniel Langley, City Arley/