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Broward County Public Hearing Re: Proposed Pain Management Clinic Ordinance

Posted on 10 May 2011 by LeslieM

Broward County Commissioners will hold the first of two public hearings tomorrow, May 10 at 2:00 p.m. at the Broward Governmental Center, 115 So. Andrews Avenue, Room 422 in Fort Lauderdale, regarding an ordinance to regulate Pain Management Clinics in Broward County. (*see attachment)

The proposed ordinance provides a specific legal definition for Pain Management Clinic, creates zoning regulations in unincorporated Broward County and mandates a “Certificate of Use” which requires the following:

  • name of the owner/operator
  • proof of registration with the Florida Department of Health
  • an affidavit stating that no one convicted of a drug-related felony within a five year period will work, volunteer, or be allowed on the premises
  • limited hours of operation between 7:00 a.m. and 9:00 p.m., Monday through Saturday
  • posted Certificate of Use in a conspicuous and easy to read location
  • that no Pain Management Clinic will be located within 1200 linear feet of another Pain Management Clinic with land survey confirmation
  • one parking space per ten gross square feet of customer waiting area and one parking space per two hundred gross square feet of the remainder of the building
  • all activities be conducted within a completely enclosed building

The proposed ordinance states that Pain Management Clinics already legally in existence must comply with the requirements within 60 days of the effective date and provides one year for pre-existing clinics to comply with parking and location requirements.

The proposed ordinance is sponsored by Broward County Commissioners Ilene Lieberman, Kristin Jacobs, Stacy Ritter and Chip LaMarca and includes additional amendments requested by Commissioner Jacobs approved by the Commission in April.

Currently there are no Pain Management Clinics in unincorporated Broward County. Any Pain Management Clinic wishing to operate in the unincorporated Broward County area would have to apply for a Certificate of Use and associated business fees would be collected under the proposed ordinance.

In March, the Broward County Pain Management Clinic Task Force issued its final report with recommendations for the licensing and location of pain management clinics otherwise referred to as “pills mills”.   The Commission instructed the County Attorney to draft a model ordinance based on those recommendations.

Broward County has been referred to as the “pill mill” capital of America. In 2009 a Broward County Grand Jury issued a report noting the proliferation of pain clinics throughout the County. The number of pain management clinics in Broward more than doubled from August 2008 to November 2009.

Any member of the public may participate in the discussion held at public hearings. Discussion is limited to the subject being discussed, as listed on the Agenda. If you require communication aids, please contact the Office of the County Administrator at 954-357-7350 or Hearing Impaired/TTY 954-831-3940.

The second public hearing will be held on Tuesday, May 24, 2011 at 2:00 p.m.

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