The URL can be used to link to this page

Home My WebLink About2025 02 10 Public Hearing 400 - Second Reading of Ordinance 2025-03 Revising Section 14-3, City Code (Criminal History Background Checks)PUBLIC HEARINGS AGENDA ITEM 400 CITY COMMISSION AGENDA | FEBRUARY 10, 2025 REGULAR MEETING TITLE Second Reading of Ordinance 2025-03: Revising Section 14-3 of the City Code Regarding Criminal History Background Screening SUMMARY On November 16, 2023, the City Commission adopted Ordinance 2023-10 authorizing the City Manager or designee to conduct Level 2 background checks, as provided in Florida Statutes § 166.0442 permitting the City to designate, via ordinance, positions which the City finds critical to security or public safety and for required fingerprint- based, state and national criminal history record checks. Prior to drafting Ordinance 2023-10, City staff consulted with a liaison from the Florida Department of Law Enforcement (FDLE), who provided guidance on the proposed language. This collaboration aimed to ensure the ordinance would be accepted by the FBI and comply with both state and federal requirements for Level 2 background checks. A draft of the ordinance was reviewed by the FDLE liaison before being included on the City Commission agenda, and no recommended changes were provided at that time. Since the adoption of the ordinance, City staff has been working with FDLE to obtain authorization to continue conducting Level 2 background checks for all newly hired employees. Recently, City staff was informed that the FBI would not accept the ordinance as written due to language in Section 14-3(a). The concern was that the phrase "the City Manager or his or her designee" could be interpreted to allow the City Manager to delegate this authority to someone who is not a City employee. In response, the language has been revised to read: "the City Manager, or another assigned City employee." This revision was made following further clarification from FDLE and the FBI. FUNDING SOURCE RECOMMENDATION Staff is recommending the City Commission conduct a second reading and approve Ordinance 2025-03. 320 City of Winter Springs Ordinance No. 2025-03 Page 1 of 4 ORDINANCE 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. 321 City of Winter Springs Ordinance No. 2025-03 Page 2 of 4 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 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 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 Manager or his or 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 or her designee the City Manager, or another assigned City employee. 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 322 City of Winter Springs Ordinance No. 2025-03 Page 3 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 Manager, or another assigned City employee, 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 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 _________ day of __________________________, 20______. ____________________________________ KEVIN McCANN, Mayor ATTEST: _____________________________________ 323 City of Winter Springs Ordinance No. 2025-03 Page 4 of 4 CHRISTIAN GOWAN, City Clerk Approved as to legal form and sufficiency for the City of Winter Springs only: ________________________________________ ANTHONY A. GARGANESE, City Attorney First Reading: Legal Ad: Second Reading: January 27, 2025 January 29, 2025 February 10, 2025 324 Published Daily in Orange, Seminole, Lake, Osceola & Volusia Counties, Florida Sold To: City Of Winter Springs - CU00116922 1126 E State Road 434 Winter Springs, FL 32708-2715 Bill To: City Of Winter Springs - CU00116922 1126 E State Road 434 Winter Springs, FL 32708-2715 State Of Florida County Of Orange Before the undersigned authority personally appeared Rose Williams, who on oath says that he or she is a duly authorized representative of the ORLANDO SENTINEL, a DAILY newspaper published in ORANGE County, Florida; that the attached copy of advertisement, being a Legal Notice in: The matter of 11150-Public Hearing Notice Was published in said newspaper by print in the issues of, or by publication on the newspaper¶s website, if authorized on Jan 29, 2025. Affiant further says that the newspaper complies with all legal requirements for publication in Chapter 50, Florida Statutes. Rose Williams Sworn to and subscribed before me on this 30 day of January, 2025, by above Affiant, who is personally known to me (X) or who has produced identification ( ). Signature of Affiant Name of Affiant Signature of Notary Public Name of Notary, Typed, Printed, or Stamped 7757094 325 7757094 326 327