HomeMy WebLinkAboutOrdinance 2023-10 Level 2 Background ChecksORDINANCE N0.2023-10
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF WINTER SPRINGS, FLORIDA, AMENDING
CHAPTER 14, ARTICLE I, OF THE CITY OF WINTER
SPRINGS CODE OF ORDINANCES TO ADD A NEW
SECTION 14-3 REGARDING CRIMINAL HISTORY
BACKGROUND SCREENING; PROVIDING FOR THE
REPEAL OF PRIOR INCONSISTENT ORDINANCES AND
RESOLUTIONS, INCORPORATION INTO THE CODE,
SEVERABILITY, AND AN EFFECTIVE DATE.
WHEREAS, the City is granted the authority, under § 2(b), Art. VIII of the State
Constitution, to exercise any power for municipal purposes except when expressly prohibited by
law; and
WHEREAS, the City Commission finds that amending Chapter 14, Article I, of the City
A Winter Springs Code of Ordinances to add a new section 14-3 regarding background screening
will enhance the City's ability to ensure that personnel are appropriately qualified for positions
that may involve security or public safety; and
WHEREAS, Florida Statutes § 166.0442 permits the City to designate, via ordinance,
positions which the City finds critical to security or public safety and for which fingerprint -based,
state and national criminal history record checks will be required; and
WHEREAS, pursuant to Florida Statutes § 166.0442, the City Commission finds that it is
critical for the security of the City and its residents to be able to conduct thorough background
screenings of potential employees, appointees, or private contractors for criminal offenses
nationwide; and
WHEREAS, the new Section 14-3 will provide the City the ability to conduct �ngerprint-
based, state and national criminal history record checks for certain positions of public importance;
and
WHEREAS, the City Commission of the City of Winter Springs, Florida, hereby finds
this Ordinance to be in the best interests of the public health, safety, and welfare of the citizens of
Winter Springs,
NOW, THEREFORE, THE CITY COMMISSION OF THE CITY OF WINTER
SPRINGS HEREBY ORDAINS, AS FOLLOWS:
Section 1. Recitals. The foregoing recitals are hereby fully incorporated herein by this
reference.
City of Winter Springs
Ordinance No. 2023-10
Page 1 of 4
Section 2. Amendment to Chapter 14, Personnel, The City of Winter Springs Code of
Ordinances, Chapter 14, Personnel, Article I, In General, is hereby amended as follows:
(underlined type indicates additions to the City Code and strikeout type indicates deletions, while
asterisks (* * *) indicate a deletion from the Ordinance of text existing in Chapter 14. It is intended
that the text in Chapter 14 denoted by the asterisks and set forth in this Ordinance shall remain
unchanged from the language existing prior to the adoption of this Ordinance):
***
Chapter 14 —PERSONNEL
Article I. — IN GENERAL
Sec. 14-3. —Background Screening,
(a) As provided by Florida Statutes & 166.0442, the City may require criminal history
background screening for any positions of City employment or appointment whether
paid, unpaid or contractual which are considered critical to securitypublic safety;
or for any private contractor, employee of a private contractor, vendor, repair person
or delivery person who has direct contact with individual members of the public or
access to any public facility in such a manner or to such an extent that the City Manager
or his or her designee finds that preventing unsuitable persons from having such
contract or access is critical to security or public safety
(b) Each person appl�g for, or continuing employment in, andposition or appointment
or having contact or access described in subsection (a) shall be fingerprinted if the
position, appointment, contractor, vendor, repair person or delivery_ person is
designated for a criminal historyground screening by the City Manager or his or
her designee. Fingerprints shall be submitted to the Florida Department of Law
Enforcement for a state criminal history record check and to the Federal Bureau of
Investigation for a national criminal history record check. The information obtained
from criminal history record checks conducted pursuant to this section may be used by
the City to determine an applicant's eligibility for employment or appointment and to
determine an employee's eligibility for continued emplorent.
(c) Any other background screening which the City may lawfully undertake is not
prohibited by this supplemental grant and implementation of authority.
(d) The City Manager or his or her designee shall determine, in his or her discretion the
positions and appointments that are deemed to be critical to securitypublic safety
under this section.
City
of Winter Springs
Ordinance No. 2023-10
Page 2 of 4
Secs. 14-4—14-25.- Reserved.
Section 3. Repeal of Prior Inconsistent Ordinances and Resolutions. All
prior inconsistent ordinances and resolutions adopted by the City Commission, or parts of prior
ordinances and resolutions in conflict herewith, are hereby repealed to the extent of the conflict.
Section 4. Incorporation Into Code. This Ordinance shall be incorporated into the Winter
Springs City Code and any section or paragraph, number or letter, and any heading may be changed
or modified as necessary to effectuate the foregoing. Grammatical, typographical, and like errors
may be corrected and additions, alterations, and omissions, not affecting the construction or
meaning of this Ordinance and the City Code may be freely made.
Section 5. Severability. If any section, subsection, sentence, clause, phrase, word or
provision of this Ordinance is for any reason held invalid or unconstitutional by any court of
competent jurisdiction, whether for substantive, procedural, or any other reason, such portion shall
be deemed a separate, distinct and independent provision, and such holding shall not affect the
validity of the remaining portions of this Ordinance.
Section 6. Effective Date. This Ordinance shall become effective immediately upon
adoption by the City Commission of the City of Winter Springs, Florida, and pursuant to City
Charter.
ADOPTED by the City Commission of the City of Winter Springs, Florida, in a regular
meeting assembled on the �(,�'"h day of d(/ave l+,6er , 20 2 3
KEVIN McCANN, Mayor
ATTEST:
CHRISTIAN GOWAN, City Clerk
Approved as to legal form and sufficiency for
the City of Winter Springs only:
City of Winter Springs
Ordinance No. 2023-10
Page 3 of 4
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ANTHONY A. GARGANESE, City Attorney
First Reading: �� 3, ��3
Legal Ad: 4 /a 3
Second Reading: t\) Oy Jul - n
City of Winter Springs
Ordinance No. 2023-10
Page 4 of 4