§ 14-115. Violations and penalties.

(a)

All violations of Florida Statutes and rules promulgated by the Board of Medicine and Board of Osteopathic Medicine regarding pain management clinics, and the Zoning Regulations, Osceola County Land Development Code, as may be enacted from time to time, shall also constitute violations of this article. Investigations related to possible violations of this article shall be conducted by code enforcement officers. Any code enforcement officer may seek all available remedies in law or equity, including, but not limited to, an administrative search warrant from a court of competent jurisdiction, a criminal search warrant from a court of competent jurisdiction, a subpoena for records once any required notice is given, or an injunction from a court of competent jurisdiction to enforce or restrict any relevant law.

(b)

All violations of this article will be processed according to chapter 7, of the Osceola County Code of Ordinances, per the provisions of any municipal ordinances for code enforcement, as applicable, and per provisions of F.S. ch. 162, pt. I or II, as may be applicable. A code enforcement officer is specifically authorized to issue a citation for each violation. Each day of any such violation shall constitute a separate and distinct offense. Further, each failure to properly document patient information in an operational record shall constitute a separate and distinct offense.

(c)

In addition to any fine or sanction based on any violation of this article or of any zoning ordinance, a pain management clinic may have its occupational license and/or local business tax receipt revoked or suspended as outlined by section 14-113.

(d)

In determining the amount of a fine in a code enforcement proceeding, the code enforcement board and/or special magistrate shall take the following factors into consideration in making a decision:

(1)

The gravity of any violation, including the probability that death or serious physical or emotional harm to a patient has resulted, or could have resulted, from the clinic's actions or the actions of the physician;

(2)

The number of current violations;

(3)

The number of repeat violations;

(4)

The actions taken by the clinic or physician to correct a violation;

(5)

The financial benefits that the clinic derived from committing or continuing to commit the violation.

(e)

The county, or its municipalities, may also enforce this article by action in equity, including injunctive or declaratory relief, in the appropriate court of competent jurisdiction. In the event that the county, or the municipalities, prevail in any such action, the county, or the municipalities, shall be entitled to an award of its costs and reasonable attorneys' fees.

(f)

Any person who operates or manages a pain management clinic without an occupational license and/or local business tax receipt, or any person who refuses a lawful inspection by a code enforcement officer, or any person who violates those provisions governing pain management clinics in the Zoning Regulations, Osceola County Land Development Code, shall also be punished in the same manner as a misdemeanor as provided by general law.

(Ord. No. 2012-34, § 1, 10-8-12)