HomeMy WebLinkAboutOrdinance 2025-03 Amending Chapter 14 Article I: Revise Section 14-3 Regarding Criminal History Background ScreeningORDINANCE NO. 2025-03
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 REVISE 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 previously adopted Ordinance 2023-10 which amended
Chapter 14, Article I, of the City of Winter Springs Code of Ordinances to add a new section 14-3
regarding background screening, finding that the creation of Section 14-3 would enhance the City's
ability to ensure that personnel are appropriately qualified for positions which 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, Section 14-3 provides the City with the ability to conduct fingerprint -based,
state and national criminal history record checks for certain positions of public importance; and
WHEREAS, since the passage of Ordinance 2023-10, the Federal Bureau of Investigations
and Florida Department of Law Enforcement have completed their review the City's Ordinance
2023-10 and have requested that the City make minor revisions to the new Section 14-3 in order
to ensure compliance with Federal Bureau of Investigation Public Law 92-544; and
WHEREAS, the City Commission therefore desires to amend Section 14-3, as provided
herein, pursuant to comments from the Federal Bureau of Investigations and Florida Department
of Law Enforcement; 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.
City of Winter Springs
Ordinance No. 2025-03
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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.
Section 2. Amendment to Chapter 145 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 strikeettt 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 security or public 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 Manage
or- his ^,• her- designee the City Manager, or another assigned City employee, finds that
preventing unsuitable persons from having such contract or access is critical to security
or public safety.
(b) Each person applying for, or continuing employment in, any position 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 history background screening by the City Manager or his &F
r,e the City Manager, or another assigned City employ 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
City of Winter Springs
Ordinance No. 2025-03
Page 2 of 4
for employment or appointment and to determine an employee's eligibility for
continued employment.
(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 Mana5er2 or another assi ne �emplo -rt,o
designee shall determine, in his or her discretion, the positions and appointments that
are deemed to be critical to security or public safety under this section.
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 /�t�' day of Fe b � ��y , 20 2 5"
ATTEST:
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KEVIN
City of Winter Springs
Ordinance No. 2025-03
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NN, Mayor
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Cf C�UN�t
CHRIS I JAN GOWAN, City Clerk
Approved as to legal form and sufficiency for
the City of Winter Springs only:
ANTHONY A. GARGANESE9 City Attorney
First Reading: January 27, 2025
Legal Ad: January 29, 2025
Second Reading: February 10, 2025
City of Winter Springs
Ordinance No. 2025-03
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