Res 08-10RESOLUTION NO. 08-10
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, URGING THE FLORIDA
LEGISLATURE TO ADOPT LEGISLATION FURTHER
REGULATING THE DISPENSING OF PRESCRIPTION
DRUGS.
WHEREAS, the City of Delray Beach finds that it is in the best interest of the health, safety,
and welfare of its residents, businesses, and visitors for regulations to be in place to provide for safer
residential and commercial neighborhoods in the City; and
WHEI~;EAS, the City Commission finds that the illegal sale, use, and delivery of controlled
substances is a threat to the health, safety and welfare of the residents of the City; and
WHEREAS, the City Comrrussion has recently been made aware by law enforcement and
news reports that a pattern of illegal drug use and distribution has been associated with pain
management clinics in neighboring municipalities, which dispense on-site narcotic drugs; and
WHEREAS, the City Commission has also been made aware of numerous newspaper stories
in the recent past describing a "pipeline" of trafficking drugs from South Florida pain management
clinics to users in other states, such as Kentucky, West Virginia, and Ohio; and
WHEREAS, the threat of increased cxime associated with such clinics, is very significant and
could undermine the economic health of the City's development and redevelopment efforts; and
WHER.I:AS, the Florida Legislature has attempted to deter such illegal drug use, distribution
and activities by the creation of a secure and privacy-protected, statewide electronic system of
monitoring prescription drug medication information, to encourage safer controlled substance
prescription decisions and to reduce the number of prescription drug overdoses, deaths and related
crimes; and
WHEREAS, in the absence of regulations identifying where narcotic drugs may be
dispensed, the City's residents, visitors and businesses are more vulnerable to critininal actions,
despite the provision of law enforcement services.
NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, DOES HEREBY:
Section 1. Encourage the state legislature to recognize the seriousness of illegal
prescription drug use and distribution within the state.
Section 2. Urge the State Legislature to enact legislation requiring mandatory use, by
doctor's offices, pain management clinics, and pharmacies, of the statewide electronic system of
monitoring prescription drugs; to require owners and operators of pain management clinics to be
certified and possess no felony convictions; to require a pain management certificate to practice pain
management; to prohibit on-site dispensing of Schedule II controlled substances; to limit on-site
dispensing of Schedule III controlled substances to a 72-hour supply; and to authorize penalties far
violations.
cti 7c n 3. The City Clerk is hereby directed to provide copies of this resolution to the
President of the Florida Senate, the Speaker of the Florida House of Representatives, Florida
Governor Charlie Crist, the Palm Beach County Legislative Delegation, the Palm Beach County
League of Cities, and the Florida League of Cities.
PASSEL} AND ADOPTED this 2ND day of MARCH, 2010.
1vIAYOR
ATTEST:
City Clerk
2 RES. N(J. 08-10
Page 1 of 1
~EMURANI)UlYI
TO: Mayor and City Commissioners
FROM: Douglas E. Smith, Assistant City Manager
THROUGH: David T. Harden, City Manager
DATE: February 26, 2010
SU$.IECT: AGENDA ITEM 8.K. -REGULAR COMMISSION MEETING OF MARCH 2, 2010
RESOLUTION NO.O$-10
ITEM BEFORE COMMISSION
The item before Commission is Resolution 08-10 urging the Florida Legislature to adapt legislation
further regulating the dispensing of prescription drugs.
BACKGROUND
At the February workshop session, staff presented a list of potential state legislative priorities to the
Commission. The Commission directed staff to bring back a recommendation an individual issues for
which a City Commission resolution would be appropriate. The attached resolution urging the Florida
Legislature to adopt legislation further regulating the dispensing of prescription drugs is one of these
resolutions far Con~xnissian's consideration.
RECOMMENDATION
Recommend approval of Resolution 08-10.
http:l/www.mydelraybeach.camlAgendaslBluesheet.aspx?ItemID=3092&Meetingll}=234 31212010
RESOLLJTTON N0.08-10
A RESOLUTION OF T'HE QTY COl~~1NIISSION OF 'I'II CITY
OF DELRAY BEACI-I~ FLORIDA, URGING THE FLORIDA
LEGISLATURE TO ADOPT LEGISLATION FURTHER
REGULATING THE DISPENSING OF PRESCII~T'TION
DRUGS.
WI~EREAS, the City of Delray Beach finds that it is in the best interest of the health, safety,
and welfare of its residents, businesses, and visitors far ri~;ulations to be in place to provide for safer
residential and comn~rcial neighborhoods in the City; and
WHEREAS, the City Commission finds that the illegal sale, use, and delivery of controlled
subsi:ances is a threat to the health, safety and ~n~lfare of the residents of the City; and
UJI~REAS, the City Cammi~~ion has recently been made aware by law enforcement and
news reports that a pattern of illegal drug use and distribution has been associated with pain
manag~nent clinics in neighboxing municipalities, v+~luch dispense an site narcotic drugs; and
V'J1=IEREAS, the City Com~naission has aL~a been made aware of numerot~ new;,papa stories
in the recent past describing a "pipeline" of trafficlking drugs from South Florida pain managerr~ent
clinics to users in other states, such as Kent<ackY, West Virginia, and Ohio; and
VtTHEREAS, the threat of increased crirr~ associated with such clinics, is very signiificant and
could undermine the economic health of the City's development and redevelaprr~ent efforts; and
~'JHEREAS, the Florida Le~~islature has attempted to deter such illegal drug use, distribution
and activities by the ereafion of a secure and primeprotected, statewide electronic s;~stem of
monitoring prescription drug medication information, to encourage safer controlled substance
prescription decisions and to reduce tf~e number of prescription drug overdoses, deaths and related
ci7xnes; and
V'~REAS, in the absence of r~~;t~latians identifying where narcotic drugs may be
dispensed, the Cit~s residents, visitors and businesses are more vulnerable to crirxunal actions,
despite the provision of law enforcerr~nt services,
NOW, TI-~REFORE, BE IT RESOLVED THAT THE CITY COlt~~vIISSION OF TIC
QTY OF DELRAY BEACH, FLORIDA, DOES HEREBY:
S~ction_l. Encourage the state leinslattme to recognize the seriousness of illegal
prescription dnjg use and distribution within the state.
~cti~n 2. Urge the State Lcy~slature to enact legislation requiring mandatory use, by
doctor's offices, pain management clinics, and pharmacies, of the statewide electronic system of
monitonng prescription drugs; to require owners and operators of pain managaztent clinics to be
cerrtiffied and possess no felony convictions; to inquire a pain managerner~t certifficate to practice pain
management; to prohibit an site d~pensing of Schedule II controlled substances; to lirrtit on-site
dispensing of Sc~e III controlled subs~`ances to a 72-hour supply, and to authorize penalties far
violations.
Section 3. The City Clerk is hereby directed to provide copies of this resolution to the
Presicir~tt of the Florida Senate, the Speaker of the Florida House of Representatives, Florida
Gavemar Charlie Grist, the Palm Beach County Legislative Delegation, the Palm Beach County
League of Cities, and the Florida I.~eague of Cities.
PASSED AND ADC?PTED this day of , 2Q1Q.
MAYOR
ATTEST:
City Clerk
RES. NO. t?8-lt}