Transcript 2012-06-05 Public Hearing Ordinance Zoning of Pain Management

Public Hearing
on
Proposed
Zoning Regulations for
Pain Management Clinics
Board of County Commissioners
June 5, 2012
Presentation Outline

Background

Zoning Recommendations of Task Force

Questions and Public Hearing
Background

December 15, 2010 – BCC passed a moratorium
on new pain management clinics

June 2011 -- Mayor Jacobs created the
Prescription Drug Task Force

Oct. 31, 2011 – Subcommittees present reports
to TF; all recommendations of subcommittees
approved
Background

December 6, 2011 – BCC voted to extend the
moratorium on new PMC’s for an additional 180
days

Mar. 6, 2012 -- BCC holds a work session on TF
recommendations; authorizes staff to draft
ordinances to codify all recommendations

Mar. 15, 2012 – P&ZC work session on TF Zoning
recommendations

Apr. 19, 2012 – P&ZC approved TF zoning
recommendations with revisions (in white)
Background

May 22, 2012 – First of two BCC public hearings
TF zoning recommendations

June 5, 2012 – Second of two BCC public
hearings on TF zoning recommendations and
public hearing on substantive ordinance
regulating PMCs
Presentation Outline

Background

Task Force Zoning Recommendations



Definitions
Zoning use table
Conditions on PMC as permitted use
Questions and Public Hearing
Task Force Zoning
Recommendations
Amend 38-1, Zoning Code (definitions)
 Define “Pain Management Clinic” (PMC) to mean
any privately owned clinic, facility or office,
which has at least one of the following
characteristics:
 Where a physician practices who issues prescriptions for
a dangerous drug to more than twenty (20) patients in
a single day;
 Holds itself out as being in business to prescribe or
dispense pain medication whether for Acute Pain or
Chronic Pain;
 Holds itself out as being in business to provide services
for the treatment or management of pain (and actually
dispenses dangerous drugs); or
 Meets the state definition of PMC
Task Force Zoning
Recommendations
Zoning Code (definitions) (cont’d)
PMC – Exceptions:
 Licensed as a hospital or other licensed facility or
owned and operated by a licensed facility (ch 395, FS)
 Majority of physicians who provide services in the clinic
primarily provide surgical or oncology services
 Affiliated with an accredited medical school
 Does not prescribe or dispense controlled substance for
treatment of pain
 Operated for the sole purpose of serving a
governmental entity
Task Force Zoning
Recommendations
Zoning Code (definitions) (cont’d)
 Amend definition of “Clinic” to exclude “Pain
Management Clinic”
 Amend definition of “Home Occupation” to exclude
“Pain Management Clinic”
 Create a new term, “Dangerous Drugs” (for use
with the definition of PMC)
 Defined as a controlled substance, specifically an opiate
analgesic, listed in Schedule II and Schedule III
 Designed to be a very narrow subset of prescription
drugs – those that have proved to be most dangerous to
the community
Task Force Zoning
Recommendations
Amend 38-77, Zoning Use Table
Requirement for New Pain Management Clinics:
 Zoning and Locations – any new PMC is a
permitted use in the C3, I-1, I-2, I-3, I-4 and I-5
zoning districts (with conditions)
Task Force Zoning
Recommendation
P&Z Commission
Zoning Recommendation
Task Force Zoning
Recommendations
Amend 38-79, Conditions on permitted use
Conditions:
 Must get required building and use permits
 May not co-locate on the same property as a
pharmacy
 Must have 1000 ft separation from pharmacy,
day care facility, day care home, religious
institution
 Must provide adequate parking on site
 Must show parking demands are met on site
Suggested Amendments

Page 3, line 124: after the word “an” insert
the words “opiod or”

Page 4, line 151: after the word Statutes,
insert “or Section 459.0137, Florida
Statutes,”

Page 6, line 244: strike the number “15” and
insert the number “13”
Suggested Amendments

Page 6, line 242: insert the following language
d. Applicability.
Any pain management clinic for which an application for
building permit was filed with the county on or before
March 6, 2012 is exempt from the limitation on location
of a pain management clinic stated in section 38-77, the
Use Table, the separation distances required for pain
management clinics stated in this subsection 3879(155), and the associated affidavit with application for
business tax receipt for that pain management clinic.
Presentation Outline

Background

Zoning Recommendations of Task Force

Questions and Public Hearing
Questions?
Public Hearing
Requested Action



Board may adopt P&ZC recommended zoning
districts (C3, I-1, I-2, I-3, I-4 and I-5) or
Board may adopt TF recommendations (I-4
zoning district only)
Final Action: Request board adopt the
ordinance with the proposed
amendments.
Public Hearing
on
Proposed
Zoning Regulations for
Pain Management Clinics
Board of County Commissioners
June 5, 2012
Suggested Amendments
To conform ordinance to state law definition:


Page 3, line 123-125: strike those lines
Page 3, line 127 to page 4, line 174, strike
those lines and replace with: Pain
management clinic has the meaning ascribed
in F.S. § 458.3265 or 459.0137, as
applicable, and is a clinic that is required to
register with the Florida Department of
Health pursuant to F.S. § 458.3265 or
459.0137.
Suggested Amendments
To conform ordinance to state law definition:


Page 4, line 175, insert the following:
“Pharmacy means the same as that term is
defined in Section 465.003, Florida Statutes,
as it may be amended from time to time.”
Suggested Amendments
To change zoning category to I-4 only:

Page 5, line 182: strike those lines and
replace with
RT RT RT P C1
1
2
O
• RT
• RT-1
C
2
C I
3 1A
I1,
I5
I2, I4
I3
155
P
UV
(see
29)
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A
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