LTC 177-2010 Transmittal of City of Doral Resolution No. 2010-11m MIAMIBEACH
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OFFICE OF THE CITY MANAGER ~~~0 4~~f.~ d p ~. 3
NO. LTC # i~~-2oio LETTER TO COM~I~SIO~
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TO: Mayor Matti Herrera Bower and Members of the City Commission
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FROM: Jor M. Gonzalez, City Manager
DATE: June 14, 2010
SUBJECT: Transmittal of City of Doral Resolution No. 2010-11
The City of Doral transmitted the attached Resolution N0.2010-11 for your review,
declaring zoning in progress and a moratorium as to the filing and/or receiving of
any petition for establishment of pain management clinics.
JMG\REP: mem
C: Robert Parcher, City Clerk
File
F:\CLER\$ALL\MARIA-M\B & C\LTC EI Doral Resolution.doc
Ord. #2010-11
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ORDINANCE #2010 -11
AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE
CITY OF DORAL, FLORIDA, DECLARING ZONING IN
PROGRESS AND A MORATORIUM AS TO THE FILING ANDIOR
RECEIVING OF ANY PETITION FOR THE ESTABLISHMENT ~OF
PAIN MANAGEMENT CLINICS AS DEFINED HEREIN;
PROVIDING THAT ZONING IN PROGRESS AND THE
MORATORIUM SHALL BE IN EFFECT FOR A PERIOD WHICH
SHALL TERMINATE ON THE EFFECTIVE DATE OF THE CITY'S
ADOPTION OF LAND DEVELOPMENT REGULATIONS TO
REGULATE PAIN MANAGEMENT CLINICS; PROVIDING FOR
LEGISLATIVE FINDINGS, INTENT AND PURPOSE; PROVIDING
FOR A DEFINITION OF PAIN MANAGEMENT CLINIC;
PROVIDING FOR THE BOUNDARIES SUBJECT TO THE
MORATORIUM; PROVIDING FOR SEVERABILITY; PROVIDING
FOR THE REPEAL OF LAWS IN CONFLICT; AND PROVIDING
FOR AN EFFECTIVE DATE.
WHEREAS, in the Spring of 2009, the State Attorney's Office for the 17~hJudicial
Circuit in Broward County, Florida, issued an interim report entitled the "The Proliferation
of Pain Clinics in South Florida which established the following facts: (i) from August 2008
to November 2009, one new pain clinic is opened in Broward and Palm Beach counties
every three days; (ii) doctors in Palm Beach County dispensed the second highest volume
of Oxycodone units in the United States;
(iii} in 2008, prescription drugs were attributed to an average of 13.5 deaths per day in
Florida; and (iv} pain clinics are migrating north from Broward County to major
metropolitan areas; and
WHEREAS, the City Council has recently peen made aware by news reports that a
pattern of illegal drug use and distribution has been associated with some pain
management clinics in south Florida, which dispense narcotic drugs on-site; and
WHEREAS, the Miami Herald, the Sun Sentinel, and the Palm Beach Post have
published numerous newspaper articles in recent months describing the "pipeline"
trafficking drugs from some south Florida pain management clinics to users from other
states such as Kentucky, West Virginia 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's development and redevelopment efforts; and
WHEREAS, the City Council hereby directs its staff to analyze the effects of pain
management clinics in the City, to analyze whether additional standards should
be incorporated into the City's land development regulations and to evaluate the process
Ord. #2010-11
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for the issuance of development permits, business tax receipts, or other approvals
regulating the location of pain management clinics within the City which would further and
promote the public health, safety, morals and general welfare; and
WHEREAS, to provide the City staff with sufficient time to undertake its analysis, it
is necessary to establish a City moratorium which prohibits the granting of development
permits, business tax receipts, or other approvals; and
WHEREAS, it is not the intent of this moratorium to interfere with legitimate medical
clinics nor the legal use of controlled substances; and
WHEREAS, the City Council finds and declares a need to temporarily suspend the
further issuance of development permits, business tax receipts, or other approvals for new
pain management clinics seeking to develop or open for business within the City until such
time as the City can review its land development regulations to specifrcally address the
proliferation of pain management clinics;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DORAL, FLORIDA AS FOLLOWS:
SECTION (:Legislative Findings, Intent and Purpose. The Whereas clauses are
incorporated herein, are true and correct, and represent the legislative findings of the City
Council. It is the purpose and intent of this Ordinance to promote the health and general
welfare of the residents and businesses of the City through the analysis of any impacts
from pain management clinics and through consideration of criteria for the location of pain
management clinic uses within the City.
SECTION 2: Definition. For purposes of this Ordinance, "Pain management 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 trea#ment 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. (20fl9). 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
substance medications for the treatment of chronic nonmalignant pain. Chronic
nonmalignant pain is pain unrelated to cancer which persists beyond the usual course of
the disease or the injury that is the cause of the pain for more than 90 days after surgery.
SECTION 3: Boundaries. This Ordinance shall apply to all properties located within
the boundaries of the Ciry of Doral.
SECTION 4: Zoning in Progress and Moratorium Declared. The City Council
hereby imposes zoning in progress and a moratorium upon the application of any
development permit applications, business tax receipts, or other approvals which might
facilitate the opening or development of new pain management clinics, in whole or in part
Ord. #2010-11
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within the City.
SECTION 5. Repeal of laws in conflict. All Ordinances or pars of Ordinances in
conflict herewith are hereby repealed to the extent of such conflict.
SECTION 6. Severability. If any section, subsection, sentence, clause, phrase or
portion of this Ordinance is far any reason held invalid or unconstitutional by any court of
competent jurisdiction, such portion shall be deemed a separate, distinct and independent
provision and such holding shall not affect the validity of the remaining portions thereof.
SECTION 7. Effective Date. This Ordinance shall take effect immediately upon
adoption.
[Section left blank intentionally]
Ord. #2010-11
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'The foregoing Ordinance was .offered by Councilman CabYera who moved- its adoption.
The motion was-seoonded`by Councilman DiPietro and upon being put to a vote, the vofe was as
fohows:
Mayor Juan Carlos Bermudez, Yes.
Vice. Mayor RoberC Van Name Yes
Councilman Pete Cabrera Yep
Coune(tman Michael DiPetro Y.es.
Councitwo'rnan Sandra Ruiz. Yes
PASSED AND ADOPTED upon first reading this 14'" day of April, 201'0.
PASSED AND ADOPTED upon second reading this 12`" day of May; 2010;
..~
JUAN CARLOS BERMUDEZ, MAYOR
ATTEST:
BARBARA NERRERA, CITY CLERK
APPROVED AS TO'LEGAL ORM
AND SUFj~1CIENCY:
JIMMY~IORALES, I~SQ!, CITY ATTORNEY