10-026
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1 ORDINANCE NO. lO-oA;
2
3 AN ORDINANCE OF THE CITY COMMISSION OF
4 THE CITY OF BOYNTON BEACH, FLORIDA,
5 AMENDING THE LAND DEVELOPMENT
6 REGULATIONS OF THE CITY OF BOYNTON
7 BEACH, BY AMENDING CHAPTER 2, ITEMS
8 6.A.1.G, 6.A.l.I, AND 6.A.1.J. BY ADDING
9 REFERENCES TO THE REQUIREMENTS OF THE
10 NEW SUBSECTION 11.R; AND BY AMENDING
11 CHAPTER 2, SECTION 11, "SUPPLEMENT AL
12 REGULATIONS", BY ADDING THE NEW
13 SUBSECTION "R" , "MEDICAL, PROFESSIONAL,
14 BUSINESS OFFICES AND CLINICS"; TO PROVIDE
15 FOR CLARIFICATION REGARDING THE
16 APPLICABILITY OF CERTAIN STATE ST A TUTESj
17 PROVIDING A SA VING CLA USE, A GENERAL
18 REPEALER CLAUSE, AND AN EFFECTIVE DATE.
19
20 WHEREAS, pursuant to Article VII, Section 2 of the Florida Constitution and
21 Chapter 166 of the Florida Statutes, the City Commission of the City of Boynton Beach (the
22 "City Commission") is authorized and required to protect the public health, safety and welfare
23 of its citizens; and
24
25 WHEREAS, the City Commission has the power and authority to enact regulations
26 pertaining to land use and development within the City and for valid governmental purposes
27 that are not inconsistent with general or special law; and
28
29 WHEREAS, at the Florida Board of Medicine (the "Board") Meeting in December,
30 2008 at Tampa, Florida, the Board cited the "rapid proliferation of pain clinics that may be
31 contributing to increased abuse of controlled substam:~," and concluded "there may be a
32 need to develop rules and regulations for these clinics to provide oversight related to
33 evaluation and follow up of these difficult patients and help physicians identify persons not
34 seeking care but just pill shopping for narcotics;" and
35
36 WHEREAS, the Board further notes that "an average of 7 patients a day are reported
37 as dying of prescription drug overdose in Florida, a number that far exceeds the number dying
38 from illegal drug use"; and
39
40 WHEREAS, the U. S. Department of Health and Human Services has released data
41 showing prescription drug deaths are now the fourth leading cause of death in the United
42 States; and
43
44 WHEREAS, the City Commission finds that the fraudulent sale, use, and delivery of
45 controlled substances is a threat to the health, safety and welfare of the residents of the City;
46 and
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2 WHEREAS, the City Commission has recently been made aware by law enforcement
3 and news reports that a pattern of illegal drug use and distribution has been associated with
4 pain management clinics in neighboring municipalities, which dispense on-site narcotic drugs;
5 and
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7 WHEREAS, the City Commission has also been made aware of numerous newspaper
8 stories in the recent past describing a "pipeline" of trafficking drugs from South Florida pain
9 management clinics to users in other states, such as Kentucky, West Virginia, and Ohio; and
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11 WHEREAS, the threat of increased crime associated with such clinics, is very
12 significant and could undermine the economic health of the City's development and
13 redevelopment efforts; and
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15 WHEREAS, the Florida Legislature has attempted to deter such drug use, distribution
16 and activities by the creation of a secure and privacy-protected, statewide electronic system of
17 monitoring prescription drug medication information, to encourage safer controlled substance
18 prescription decisions and to reduce the number of prescription drug overdoses, deaths and
19 related crimes; and
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21 WHEREAS, it is the intent of this ordinance not to interfere with the legitimate
22 medical use of controlled substances, but rather to prohibit the location of dispensing of
23 narcotic drugs on site at medical offices, to the extent permitted by law; and
24
25 WHEREAS, in the absence of regulations identifying where narcotic drugs may be
26 dispensed, the City's residents, visitors and businesses are more vulnerable to criminal
27 actions, despite the provision of law enforcement services; and
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29 WHEREAS, the City staff is recommending amendments to the Land Development
30 Regulations that restrict the dispensing of narcotic drugs on sight at medical offices in the
31 City of Boynton Beach, to the extent permitted by law; and
32
33 WHEREAS, the City Commission has considered staff s recommendations and
34 reports and determines and finds that it would be appropriate to amend the Land Development
35 Regulations to reflect these amendments; and
36
37 WHEREAS, the City Commission finds that the adoption of this Ordinance is in the
38 best interest of the health, safety and welfare of the citizens and residents of the City of
39 Boynton Beach.
40
41 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
42 THE CITY OF BOYNTON BEACH, FLORIDA, AS FOLLOWS:
43
44 Section 1. That the recitations set forth above are incorporated herein.
45
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1 Section 2. That Chapter 2, Section 6.A.1, items "g", "i", and "j" are amended to
2 include a reference to the new corresponding requirements within Subsection II.R to read as
3 follows:
4 g. Medical and dental offices and clinics. (Also see Section 11.R.
5 for restrictions applicable to those uses subject to the registration requirements
6 of Florida Statutes Ch. 458.3265 or Ch. 459.0137).
7 1. Pharmacies, medical and surgical supplies; orthopedic, invalid
8 and convalescent supplies; eyeglasses and hearing aids. (Also see Section
9 11.R. for restrictions applicable to those uses subiect to the registration
10 requirements of Florida Statutes Ch. 458.3265 or Ch. 459.0137).
11 J. Professional and business offices. (Also see Section
12 11.R. for restrictions applicable to those uses subject to the registration
13 requirements of Florida Statutes Ch. 458.3265 or Ch. 459.0137).
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15 Section 3. That Chapter 2, Section 11. Supplemental Regulations of the Land
16 Development Regulations of the City of Boynton Beach is amended by adding the new
17 Subsection "R", "Certain Medical, Professional, and Business Offices and Clinics", to read as
18 follows:
19
20 R. CERTAIN MEDICAL, PROFESSIONAL AND BUSINESS OFFICES
21 AND CLINICS:
22
23 1. Purpose and Intent. These regulations are in connection with the
24 mass effort to discourage the misuse and abuse of narcotics and other
25 controlled substances such as pain medications, and the impacts upon land uses
26 that are associated with businesses that would operate principally to dispense
27 pain medications for chronic pain but without the services of typical medical
28 offices that provide thorough on-site examinations, medical treatments or
29 procedures, and continued medical oversight. Such businesses have been
30 determined to be associated with the excessive use of, addictions to, and
31 subsequent illegal sales/distribution of addictive controlled substances.
32
33 2. Applicability. This section applies to all medical. professional
34 and business offices and clinics. Such uses shall be subject to the following:
35
36 a. On-site dispensing of controlled substances that are
37 identified in Schedule II, III, or IV in Sections 893.03, 893.035 or
38 893.036, Florida Statutes, is prohibited, unless otherwise expressly
39 permitted by statutory or general law. The following are exempt from
40 this prohibition:
41 1. A health care practitioner when administering a
42 controlled substance directly to a patient if the amount of the
43 I controlled substance is adequate only intended to treat the
44 patient during that particular treatment session.
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1 2. A pharmacist or health care practitioner when
2 administering a controlled substance to a patient or resident
3 receiving care as a patient at a hospital, nursing home,
4 ambulatory surgical center, hospice, or intermediate care facility
5 for the developmentally disabled which is licensed in this state.
6 3. A health care practitioner when administering a
7 controlled substance in the emergency room of a licensed
8 hospital.
9 4. A health care practitioner when administering or
10 dispensing a controlled substance to a person under the age of
11 &
12 5. A health care practitioner when dispensing a
13 one-time, 72-hour emergency resupply of controlled substance
14 to a patient.
15 3. Enforcement
16
17 a. Law enforcement officers shall, in connection with their
18 duties imposed by law, diligently enforce the provisions of this Section
19 and may issue citations, arrest and arrest with warrant persons acting in
20 violation of this Section.
21
22 b. Law enforcement officers shall have the authority to
23 seize, confiscate and impound any substance, or other article which,
24 upon probable cause, they find to be used or possessed in violation of
25 this Section.
26
27 c. The City may prosecute violations by issuance of
28 Notices to Appear for violation of a CITY Ordinance, in which case,
29 the penalty for a violation shall be as follows:
30
31 1. First violation - $100.00
32
33 2. Second violation within twelve (12) months of
34 adjudication of first violation - $500.00
35
36 3. Third violation within eighteen (18) months of
37 adjudication of first violation - $1000.00
38
39 I Each calendar day on which a violation exists shall constitute a separate
40 violation for the purpose of determining the fine.
41
42 d. A violation of this Section may be prosecuted as a
43 nuisance. The City Attorney may bring suit on behalf of the City, or
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1 any affected citizen may bring suit in hislher name against the person
2 or persons causing or maintaining the violation, or against the
3 owner/agent of the building or property on which the violation exists.
4 Relief may be granted according to the terms and conditions of Chapter
5 15, Article 8 of the City of Boynton Beach Code of Ordinances and/or
6 I Chapter 60, Florida Statutes, _~nJ.itl~~LLtb.J!..~!pc.flt QINuisflnCC~
7
8 e. Any person convicted of violating any of the terms or
9 provisions of this article or any code, requirements, or standards
10 adopted hereby shall be subject to the penalties as provided in Chapter
11 1 , Section 1-6 of the City of Boynton Beach Code of Ordinances. In
12 addition, the City may use any equitable or legal remedy available at
13 law to enforce any violation of the terms or provisions of this Section.
14
15 Section 4. Each and every other provision of the Land Development Regulations
16 not specifically amended herein, shall remain in full force and effect as originally adopted.
17
18 Section 5. That should any section or provision of this ordinance or any portion
19 thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to
20 be invalid, such decision shall not affect the validity of the remainder of this ordinance as a
21 whole or part thereof other than the part declared to be invalid.
22
23 Section 6. That all ordinances or parts of ordinances in conflict herewith be, and
24 the same are hereby repealed.
25
26 Section 7. Authority is hereby given to codify this ordinance.
27
28 Section 8. That this ordinance shall become effective immediately upon its
29 passage on second and final reading.
30
31
32
33 {REMAINDER INTENTIONALLY LEFT BLANK}
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1 FIRST READING this ~ day of OCToBER. ,2010.
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2 SECOND, FINAL READING AND PASSAGE this ~ day of NO\lCMbe.... ,
3 2010.
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5 CITY OF BOYNTON BEACH, FLORIDA
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17 Commissioner - William Orlove
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21 Commissioner - Woodrow L.
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26 ATTEST:
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33 (Corporate Seal)
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