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1 ORDINANCE NO. 10 -o",{ 7
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3 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
4 BOYNTON BEACH, FLORIDA, AMENDING THE LAND
5 DEVELOPMENT REGULATIONS OF THE CITY OF BOYNTON
6 BEACH, BY ADDING A DEFINITION FOR "PHARMACY AND
7 DRUG STORE" TO CHAPTER 1, ARTICLE II; BY AMENDING
8 CHAPTER 2, SECTIONS 6.A.1.I AND 6.B.1.NN BY ADDING
9 REFERENCES TO THE REQUIREMENTS OF NEW SUBSECTION
10 I1.S; AND BY ADDING THE NEW SUBSECTION 11.S,
11 "PHARMACIES AND DRUG STORES" AND CORRESPONDING
12 REGULATIONS TO CHAPTER 2' TO PROVIDE FOR
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13 CLARIFICATION REGARDING THE APPLICABILITY OF
14 CERTAIN STATE STATUTES; PROVIDING A SAVING CLAUSE, A
15 GENERAL REPEALER CLAUSE, CODIFICATION, AND AN
16 EFFECTIVE DATE.
17 WHEREAS, pursuant to Article VII, Section 2 of the Florida Constitution and
18 Chapter 166 of the Florida Statutes, the City Commission of the City of Boynton Beach (the
19 "City Commission") is authorized and required to protect the public health, safety and welfare
20 of its citizens; and
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22 WHEREAS, the City Commission has the power and authority to enact regulations
23 pertaining to land use and development within the City and for valid governmental purposes
24 that are not inconsistent with general or special law; and
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26 WHEREAS, at the Florida Board of Medicine (the "Board") Meeting in December,
27 2008 at Tampa, Florida, the Board cited that "an average of 7 patients a day are reported as
28 dying of prescription drug overdose in Florida, a number that far exceeds the number dying
29 from illegal drug use," and concluded "there may be a need to develop rules and regulations
30 for these clinics to provide oversight related to evaluation and follow up of these difficult
31 patients and help physicians identify persons not seeking care but just pill shopping for
32 narcotics;" and
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34 WHEREAS, the U. S. Department of Health and Human Services has released data
35 showing prescription drug deaths are now the fourth leading cause of death in the United
36 States; and
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38 WHEREAS, the Florida Legislature has attempted to deter such drug use, distribution
39 and activities by the creation of a secure and privacy-protected, statewide electronic system of
40 monitoring prescription drug medication information, to encourage safer controlled substance
41 prescription decisions and to reduce the number of prescription drug overdoses, deaths and
42 related crimes; and
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44 WHEREAS, the City Commission has determined that a possible solution to curtail
45 the fraudulent sales of Schedule II Controlled Substances as listed in Florida Statute 9893.03
46 is to limit the percentage of Schedule II Controlled Substances sold in relation to the number
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I of other prescriptions sold at each pharmacy in the City within a 30 day period to be
2 determined by audits through by the Florida Department of Health; and
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4 WHEREAS, the City staff is recommending amendments to the Land Development
5 Regulations limiting the percentage of such controlled substances in relation to other
6 prescriptions sold at pharmacies and drug stores in the City of Boynton Beach; and
7 WHEREAS, the City Commission has considered staff s recommendations and
8 reports and determines and finds that it would be appropriate to amend the Land Development
9 Regulations to reflect these amendments; and
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11 WHEREAS, the City Commission finds that the adoption of this ordinance is in the
12 best interest of the health, safety, and welfare of the citizens and residents of the City of
13 Boynton Beach.
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15 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
16 THE CITY OF BOYNTON BEACH, FLORIDA, AS FOLLOWS:
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18 Section 1. That the recitations set forth above are incorporated herein.
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20 Section 2. That Chapter 1, Article II. "Definitions" of the Land Development
21 Regulations of the City of Boynton Beach is amended by adding the new terms and
22 corresponding definitions to read as follows:
23 I PHARMACY AND& DRUG STORE- A "pharmacv" is an establishment primarily
24 engaged in retailing a variety of prescription and nonprescription drugs and medicines. and
25 I medical and surgical supplies. A "drug storeDRUG S+()R.l;" would be an establishment that
26 combines a "pharmacy" with the sale of products typically associated with a convenience
27 store. and provides services such as photo processing or basic health assessment (e.g..
28 vaccinations, minor examinations, etc. ). See Chapter 2. Zoning, Section 11.S for specific
29 regulations applicable to pharmacies or drugstores.
30 Section 3. That Chapter 2, Section 6.A.l. item "i" is amended to include a
31 reference to the new corresponding requirements within Section 11.S to read as follows:
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33 i. Pharmacies, medical and surgical supplies; orthopedic, invalid and
34 I convalescent supplies; eyeglasses and hearing aids (see Section l1.S for additional applicable
35 standards).
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37 Section 4. That Chapter 2, Sections 6.B.l, item "nn" is amended to include a
38 reference to the new corresponding requirements within Section 11.S to read as follows:
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40 I nn. Drug Stores (see Section II.S for additional applicable standards).
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42 Section 5. That Chapter 2, Section 11. Supplemental Regulations of the Land
43 Development Regulations of the City of Boynton Beach is amended by adding the new
44 Subsection "S", "Pharmacies/Drug Stores" to read as follows:
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2 S. PHARMACIES AND DRUG STORES:
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5 l,l. Purpose and Intent. See above under Section 11.R.. MEDICAL,
6 PROFESSIONAL AND BUSINESS OFFICES AND CLINICS.
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8 ") Applicability. 'rhis Section applies to all pharmacics and drug stores.
9 Such uses shall be subject to the following:
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11 a. No more than 15% of the total number of prescriptions sold
12 within a thirty (30) day period can be derived from the sale of Schedule II
13 controlled substances as listed in Florida Statute 893.03. All pharmacies and
14 drug stores shall be staffed by a state licensed pharmacist who shall be present
15 during all hours the pharmacy, or pharmacy function of the drug store, is open
16 for business. This restriction on prescription sales shall not apply to a
17 pharmacy operating accessory to a facility licensed pursuant to FS Chapter 395
18 ( e.g. hospital).
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20 "l Enforcement. Sce above under Section II.R.. MEDICAL
., .
21 PROFESSIONAL AND BUSINESS OFFICES AND CLINICS.
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23 Section 6. Each and every other provision of the Land Development Regulations
24 not herein specifically amended herein, shall remain in full force and effect as originally
25 adopted.
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27 I Section 7. That should any section or provision of this ordinance or any portion
28 thereot~ any paragraph, sentence. or word be declared by a court of competent jurisdiction to
29 be invalid, such decision shall not affect the validity of the remainder of this ordinance as a
30 whole or part thereof other than the part declared to be invalid.
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32 I Section 8. That all ordinances or parts of ordinances in conflict herewith be, and
33 the same are hereby repealed.
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35 Section 9. Authority is hereby given to codify this ordinance.
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37 I Section 10. That this ordinance shall become effective immediately upon its
38 passage on second and final reading.
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40 {REMAINDER INTENTIONALLY LEFT BLANK}
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1 FIRST READING this ~ day of OCTOae~ ,2010.
2 SECOND, FINAL READING AND PASSAGE this 21:4. day of ~,
3 2010.
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17 Commissioner - William Orlove
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25 Commissio er- '_ a'"
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26 ATTEST:
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35 (C orporate Seal)
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