§ 315.03. Prohibited activities.

Each of following activities shall be prohibited and shall constitute a violation of this Code:

(1)

Operation of a pain management clinic without a valid and current permit issued pursuant to section 315.04;

(2)

Operation of a pain management clinic without a valid and current business tax receipt;

(3)

Operation of a pain management clinic without a valid and current registration pursuant to F.S. § 458.3265 or 459.0137, unless such clinic is exempt from registration under such statute;

(4)

Submittal of a permit application, any sworn statement, or any other information required by this chapter, which contains materially false information;

(5)

Operation of a pain management clinic in violation of a sworn statement submitted to pursuant to sections 315.04 or 315.05;

(6)

Operation of a pain management clinic or pharmacy in violation of applicable law;

(7)

Prescribing or dispensing of controlled substances in violation of applicable law;

(8)

Activity within a pain management clinic with respect to a controlled substance in violation of the standards of practice set forth in F.S. § 456.44(3);

(9)

Operation of a pain management clinic in violation of the facility and physical operations requirements, the infection control requirements, the health and safety requirements, the quality assurance requirements or the data collection and reporting requirements set forth in sections F.S. §§ 458.3265(2)(f)—(j) and 459.0137(2)(f)—(j), as applicable;

(10)

Prescribing, administering or dispensing a controlled substance without a valid and current controlled substance registration number issued by the United States Department of Justice, Drug Enforcement Administration;

(11)

Operation of a pain management clinic or pharmacy in a manner which allows, permits or encourages persons to stand, sit (including inside parked cars), gather or loiter in or about the clinic's parking area, for a period of time exceeding that which is reasonably required to arrive and depart the parking area, and to walk to and from the parking area and the clinic;

(12)

Continued leasing or permitted use of a property or structure which is used as a pain management clinic or pharmacy if (a) the landlord or property owner knows or, through the exercise of reasonable care should know, that the clinic or pharmacy is being operated in violation of applicable law, and (b) despite the passage of a reasonable period of time to do so, the landlord or property owner has failed or refused to take reasonable measures to stop or prevent the continued illegal activity on the premises;

(13)

Failure to advise the department of any change in any information, statements, facts or circumstances, as required by subsection 315.04(10);

(Ord. No. 2011-004, § 3, 5-17-11; Ord. No. 2011-006, § 3, 7-12-11; Ord. No. 2014-018, § 3, 10-21-14; Ord. No. 2015-001, § 3, 1-13-15; Ord. No. 2016-005, § 3, 5-10-16; Ord. No. 2016-014, § 3, 11-8-16; Ord. No. 2017-010, § 4, 8-15-17)