§ 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)