§ 9-358. License denial or revocation for cause.

The division shall provide written notice of the grounds for the denial of any new or renewal application or revocation of an existing license. The division shall deny or revoke a pain management clinic license or application for cause upon the occurrence of one (1) or more of the following:

(a)

The application contains false information;

(b)

The applicant fails to file an amended application within the time allotted when any of the information contained in a license application has changed;

(c)

The application contains missing information and the applicant fails to provide the requested information within the time allotted;

(d)

The pain management clinic is not registered with the state in accordance with F.S. § 458.3265 or 459.0137 as may be amended (if required), or has had its registration suspended or revoked by the state;

(e)

Failure to submit a copy of a valid business tax receipt issued prior to November 1, 2010, with the application for each pain management clinic location;

(f)

The pain management clinic was not open and fully operational immediately prior to November 1, 2010;

(g)

Failure to allow inspection of the pain management clinic by a code enforcement officer, law enforcement officer, or any other person authorized to enforce ordinance violations in the City of Winter Haven any time anyone is present on the premises;

(h)

Failure to comply with any provision of this article;

(i)

Allowing any person to work or volunteer at the pain management clinic, whether paid or unpaid, who has been convicted of or plead guilty or nolo contendere to (even if sealed or expunged) an offense that constitutes a felony for receipt of illicit and/or diverted drugs, including any controlled substance listed in Schedule I, Schedule II, Schedule III, Schedule IV, or Schedule V of F.S. § 893.03, as may be amended, or any other state, or the United States;

(j)

The facility is owned by or has any contractual or employment relationship with a physician:

(1)

Whose Drug Enforcement Administration number has ever been revoked;

(2)

Whose application for a license to prescribe, dispense, or administer a controlled substance has been denied by any jurisdiction; or

(3)

Who has been convicted of or plead guilty or nolo contendere to (even if sealed or expunged) an offense that constitutes a felony for receipt of illicit and/or diverted drugs, including any controlled substance listed in Schedule I, Schedule II, Schedule III, Schedule IV, or Schedule V of F.S. § 893.03 as may be amended, or any other state, or the United States; or

(k)

If the payment for the application fee or license fee is dishonored for any reason.

(Ord. No. O-10-47, § 1(Exh. A), 10-25-10)