Sec. 50-251. - Authority.

This article is enacted pursuant to F.S. (2011) ch. 125 and under the home rule powers of the county in the interest of the health, peace, safety and general welfare of the people of Pasco County.

(Ord. No. 10-13, § 1, 7-13-10; Ord. No. 11-13, § 3, 12-6-11)

Sec. 50-252. - Legislative findings of fact.

The whereas clauses of Ord. No. 10-13, incorporated herein by reference, are true and correct. The board finds and declares that in the best interest of the general public there exists a need to enact an ordinance regulating pain management clinics operating in Pasco County.

(Ord. No. 10-13, § 2, 7-13-10; Ord. No. 11-13, § 3, 12-6-11)

Sec. 50-253. - Intent and purpose.

It is the purpose and intent of this article to promote the health and general welfare of the residents of Pasco County.

(Ord. No. 10-13, § 3, 7-13-10; Ord. No. 11-13, § 3, 12-6-11)

Sec. 50-254. - Definitions.

Chronic nonmalignant pain means pain unrelated to cancer, which persists beyond the usual course of the disease or the injury that is the cause of the pain, or for more than 90 days after surgery.

Pain management clinic means a privately owned pain management clinic, facility or office which (1) advertises in any medium for any type of pain management services, or holds itself out as a clinic, facility, or office for treatment of pain, or (2) employs a physician who is primarily engaged in the treatment of pain by prescribing or dispensing controlled substance medications, or (3) is required to register with the Florida Department of Health pursuant to F.S. (2011) § 458.309 or 459.005, or any successor state law. 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.

Permit shall mean a certificate issued by Pasco County acknowledging the submission and accurate completion of the pain management clinic registration forms required to be completed in order to conduct business in Pasco County as a pain management clinic.

(Ord. No. 10-13, § 4, 7-13-10; Ord. No. 11-13, § 3, 12-6-11)

Sec. 50-255. - Exemptions.

The following are exempted from this article:

(1)

Any clinic licensed by the state health department as a facility pursuant to F.S. (2011) ch. 395, or any successor state law;

(2)

Any clinic where the majority of the physicians who provide services in the clinic primarily provide surgical services;

(3)

Any clinic affiliated with an accredited medical school at which training is provided for medical students, residents, or fellows.

(Ord. No. 10-13, § 5, 7-13-10; Ord. No. 11-13, § 3, 12-6-11)

Sec. 50-256. - Applicability.

This article shall apply to all nonexempt pain management clinics located within unincorporated Pasco County.

(Ord. No. 10-13, § 6, 7-13-10)

Sec. 50-257. - Registration and display of permit.

(a)

No pain management clinic shall operate in Pasco County without having been issued a pain management clinic permit by the county's development service department ("department"). Permits shall be good for one calendar year, and shall be renewed annually on or before September 30 of each year. All pain management clinics that were registered pursuant to Ordinance No. 10-13 shall be considered legal nonconforming uses, provided the registration was not revoked and the use was not abandoned for more than 180 days. Legal nonconforming pain management clinics are not required to obtain a conditional use approval to continue operation, but must comply with all other regulations in this article, including the annual permitting requirement. Pain management clinics that (a) did not register pursuant to Ordinance No. 10-13, (b) had their registration revoked, or (c) are abandoned for more than 180 days, shall be considered illegal uses, unless the pain management clinic obtains a conditional use pursuant to sections 402.3 and 526.3.D of the land development code and a permit pursuant to this article.

(b)

The department shall maintain a database of registered pain management clinics to which pain management clinic permits are issued.

(c)

Proof of registration shall be prominently displayed in the common public area of the pain management clinic.

(Ord. No. 10-13, § 7, 7-13-10; Ord. No. 11-13, § 3, 12-6-11)

Sec. 50-258. - Application.

(a)

Application required. Prior to commencing operation as a pain management clinic, a pain management clinic permit shall be obtained. To obtain a permit, a sworn application created by the department shall be filed and shall contain the following information:

(1)

Proof that the clinic for which registration is sought was registered pursuant to Ordinance No. 10-13 and is a legal nonconforming use for which the registration was not revoked and the use was not abandoned for more than 180 days, or proof that the applicant has obtained a conditional use pursuant to sections 402.3 and 526.3.D of the land development code. Acceptable forms of proof to show that a nonconforming use has not been abandoned shall be utility bills, tax returns, evidence of payment/revenue or pay roll or such similar documents as the department may request;

(2)

Proof that the applicant has registered with the state department of health as required by F.S. (2011) § 458.309 or 459.005, or any successor state law, or proof that the applicant is exempt from registration with the state; and

(4)

A sworn statement attesting to the veracity and accuracy of the information provided in the application.

(b)

Application fee. Each annual application for a pain management clinic permit shall be accompanied by an annual nonrefundable fee of $2,500.00, or such other fee as may be set by resolution of the board. Calculation of the appropriate fee shall be based on the cost to Pasco County for implementing and enforcing the provisions of this article.

(c)

Incomplete application. If the application for a pain management clinic permit is not properly completed, the department shall notify in writing (or by email if an email address is provided by the applicant) the person designated for service in the application. Failure to provide the information necessary to complete an application within 15 calendar days of the mailing of the notification days shall result in a denial of the application.

(d)

Multiple locations. Any clinic with multiple physical business locations shall submit a separate application and must obtain a separate permit for each business location.

(e)

Time period for granting or denying. The department shall grant, renew, or deny a pain management clinic permit within 15 calendar days from the date of filing of a completed application.

(f)

Granting of permit. If there is no basis for denial of a pain management clinic permit pursuant to the criteria set forth herein, the department shall grant the permit, notify the applicant and issue the permit to the applicant. Upon issuance of a permit, a permit holder is required to provide written notice to the department within 15 calendar days of any change to the information submitted in the application, including, but not limited to: change in physicians, change in officers of a corporation, revocation or suspension of a state permit, change in service person or address, etc.

(g)

Denial or revocation of permit. The department shall deny or revoke a pain management clinic permit in writing (or by email if an email address is provided by the applicant) on the basis of any one of the following grounds:

(1)

An applicant has submitted an application which contains material incorrect/false information.

(2)

An applicant has failed to provide the information necessary to complete an application within 15 calendar days of the mailing (or emailing) of the notification that an application is incomplete.

(3)

An applicant has failed to prove that the clinic is a legally nonconforming use or has failed to obtain a conditional use.

(4)

An applicant is not registered pursuant to F.S. (2011) § 458.309 or 459.005, or any successor state law, or has not proven it is entitled to an exemption from state registration.

(5)

An applicant has had a registration issued under either F.S. (2011) § 458.309 or 459.005, or any successor state law, suspended or revoked.

(6)

A permit holder has refused to allow entry and/or inspection of the premises by a law enforcement officer, code officer, or county employee performing an inspection to ensure the permit is displayed or to verify continued accuracy of the information in the application.

(7)

A permit holder fails, within 15 calendar days, to provide written notice to the department of any change to the information submitted in the application.

(h)

Appeals. Any applicant denied a pain management clinic permit, or any permit holder whose permit is revoked, may appeal the denial or revocation to the board.

(1)

An appeal must be filed, and an appeal fee paid, with the county administrator within 30 days of the date of the final, written decision to be appealed. Any appeal not timely filed, or any appeal fee not paid within 30 days shall result in a waiver of the right to appeal. The board shall hear the appeal. The hearing shall occur within 60 days of the receipt of the appeal, unless waived by the applicant, and a written decision shall be rendered within 30 days of the hearing. The appeal is not a public hearing and is not required to be publicly noticed. All other provisions in section 407.1 of the land development code shall apply to the appeal, except when in conflict with the procedures or provisions otherwise specified in the section.

(2)

Nothing in this section shall affect or limit the remedies the county has available under applicable law.

(Ord. No. 10-13, § 8, 7-13-10; Ord. No. 11-13, § 3, 12-6-11)

Sec. 50-259. - Inspection.

(a)

It is a condition of any permit issued that any law enforcement or code enforcement officer is authorized to enter and to inspect any facility with a permit to verify the permit is properly posted and/or to determine the continued accuracy of the information in the application, at any reasonable hour, without notice.

(b)

Nothing in this article shall be read to limit the authority of law enforcement or other administrative, enforcement, or investigative body in any matter as relates to their authority to conduct criminal, administrative, or civil investigations.

(Ord. No. 10-13, § 9, 7-13-10)

Sec. 50-260. - Service of notice; public records.

(a)

Any notice required under this article shall be in writing and sent by certified mail or hand delivery to the mailing address set forth on the application for the business registration. If an email address is provided by the applicant, notice may be sent by email. This mailing or email address shall be considered the correct mailing address, and the mailing address for service of legal notices and process, unless the department has been otherwise notified in writing.

(b)

Any information contained in an application under this article is subject to the public records law, F.S. ch. 119.

(Ord. No. 10-13, § 12, 7-13-10; Ord. No. 11-13, § 3, 12-6-11)

Sec. 50-261. - Violations and penalty.

(a)

Methods of enforcement. The requirements of this article and its sections may be enforced as follows:

(1)

By citation for civil penalties pursuant to the authority granted by F.S. § 125.69, F.S. ch. 162, pt. II, and/or section 1-11 of this Code. Each day of the violation shall constitute a separate offense, punishable by a fine not to exceed $500.00 per count. The county may also seek entry of a court order requiring compliance with this Code, and/or any other legal relief available to it.

(2)

By an action for injunctive relief, civil penalties, or both, through a court of competent jurisdiction;

(3)

By revocation or temporary suspension of necessary permits and/or certificates or occupancy and/or licenses; and

(4)

By any other process permitted at law or equity.

Use of one enforcement process or theory does not preclude the county from seeking the same, different, or additional relief through other enforcement methods.

(b)

Persons responsible for violation. Persons responsible for violations include:

(1)

Any person who owns, operates, or manages a pain management clinic;

(2)

Any physician who prescribes or dispenses controlled substance medications for the treatment of chronic nonmalignant pain for patients of a pain management clinic;

(3)

The owner of the premises (or lessee, if the premises are leased) occupied by a pain management clinic;

(4)

Any person in physical control of the activities which may occur on the premises;

(5)

If a responsible person is a corporate entity, the officers, directors, members, or other principals of the entity are jointly and severally responsible for violations by the entity;

(6)

Any other person causing or contributing to a violation.

(Ord. No. 10-13, § 13, 7-13-10; Ord. No. 11-13, § 3, 12-6-11)