11-1344 Imposing Temporary Moratorium - Pain Management Clinics & Cash only pharmacies

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WHEREAS, the negative impacts associated with certain pain management clinics and cash only pharmacies creates an urgent situation necessitating immediate investigation into and potential regulation of such uses in the City of Casselberry; and WHEREAS, various studies and reports have been conducted concerning the Proliferation of Pain Clinics in Florida, and in 2008, prescription drugs were attributed to an average of nearly 13'/2 deaths per day in Florida; and WHEREAS, reports have found that in the areas where Cash Only Pharmacies and Pain Management Clinics are located, burglaries, robberies, drug trafficking in prescription drugs, street level sales of prescription drugs, identity theft, and organized criminal activities have all increased; and WHEREAS, the City has determined that the threat of increased crime associated with Cash Only Pharmacies and Pain Management Clinics could undermine the economic health of the City's development and redevelopment efforts; and WHEREAS, the City finds that the illegal sale, use and delivery of controlled substances is a threat to the health, safety and welfare of the citizens of Casselberry; and WHEREAS, Section 893.055, Florida Statutes, establishes the Prescription Monitoring Program in Florida, which is designed to provide a comprehensive electronic database system of controlled substance prescriptions; however, the program was to become effective on December 1, 2010, and the program is not yet in effect and an operational date has not been provided; and WHEREAS, protection of the public health, safety, and welfare is a legitimate public purpose recognized by the courts of Florida; and WHEREAS, the City believes that by establishing a moratorium for a period of one year (365 days)on the issuance of development permits and business tax receipts for Cash Only Pharmacies and Pain Management Clinics the City will have the opportunity to research the nature and scope of possible measures for mitigation of the effects and regulation of Cash Only Pharmacies and Pain Management Clinics; and WHEREAS, it is not the intent of this moratorium to interfere with legitimate medical clinics nor the legal use of controlled substances; and WHEREAS, the City of Casselberry City Commission deems it in the best interests of the City to enact an Ordinance providing staff an opportunity to analyze the impacts on the community and the need for the regulation of Cash Only Pharmacies and Pain Management Clinics. Ordinance 11 -1344 Page 2