HomeMy WebLinkAbout2025 01 27 Public Hearing 403 - First Reading of Ordinance 2025-03: Revising Section 14-3, CIty Code Regarding Criminal History Background ScreeningPUBLIC HEARINGS AGENDA ITEM 403
CITY COMMISSION AGENDA | JANUARY 27, 2025 REGULAR MEETING
TITLE
First 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 first reading and approve
Ordinance 2025-03.
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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.
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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
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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:
_____________________________________
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City of Winter Springs
Ordinance No. 2025-03
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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: __________________
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System TypeProject NumberProject NameProject DescriptionTotal Estimated CostFunding SourceSystem BenefitGreater Environmental BenefitReclaimed Water System Improvements 1 Vistawilla RWM ExtensionDesign and installation of 4,300 linear feet (LF) of 12" RWM along Vistawilla from SR 4341,750,000.00$ City budgeted for project - CIP 2025This project will increase reclaimed water supply and offset potable water use for irrigation. It is estimated that this project will provide 450,000 GPD to reclaimed users (resulting in 450,000 GPD of potable water "saved").Offsetting potable water (with reclaimed water) has a large benefit to the Floridan acquifers. It is estimated that this project will offset potable use by 450,000 GPD.Design 250,000.00$ Construction 1,500,000.00$ Reclaimed Water System Improvements 2Chestnut Ridges ConnectionDesign 10,400 LF of 6" RCW from Winter Springs Blvd. to Northern Way1,800,000.00$ City budgeted for project - CIP 2026, construction of project TBD when funds become availble.This project will increase reclaimed water supply and offset potable water use for irrigation. It is estimated that this project will provide 7,860 GPD to reclaimed users (resulting in 7,860 GPD of potable water "saved").Offsetting potable water (with reclaimed water) has a large benefit to the Floridan acquifers. It is estimated that this project will offset potable use by 7,860 GPD.Design 300,000.00$ Construction 1,500,000.00$ Reclaimed Water System Improvements 3Chestnut Estates ConnectionDesign 700 LF of 6" RCW along Winer Springs Blvd to Blue Creek Dr1,100,000.00$ City budgeted for project - CIP 2026, construction of project TBD when funds become available.This project will increase reclaimed water supply and offset potable water use for irrigation. It is estimated that this project will provide 12,920 GPD to reclaimed users (resulting in 12,920 GPD of potable water "saved").Offsetting potable water (with reclaimed water) has a large benefit to the Floridan acquifers. It is estimated that this project will offset potable use by 12,920 GPD.Design 100,000.00$ Construction 1,000,000.00$ Reclaimed Water System Improvements4Winter Springs Village RWM ExtensionConstruction of 4,500 LF of 6" reclaimed water main along Michael Blake Blvd960,000.00$ Applying for FDEP/SJWMD cost share programThis project will increase reclaimed water supply and offset potable water use for irrigation. It is estimated that this project will provide 24,635 GPD to reclaimed users (resulting in 24,635 GPD of potable water "saved").Offsetting potable water (with reclaimed water) has a large benefit to the Floridan acquifers. It is estimated that this project will offset potable use by 24,635 GPD.Potable Water Treatment Plant Improvements5 Tray Aerator ImprovementsReplacement of the tray aerators at WTP #1, WTP #2 and WTP #3 for increased performance and better water quality. - Construction1,000,000.00$ City budgeted for project - CIP 2026, construction of project TBD when funds become available.This project will provide increased, and more reliable, treatment at the WTPs and provide residents with a higher potable water quality.Potable Water System Improvements 6Sheoah Blvd Water Main ReplacementDesign and replacement of shallow asbestos cement water main along Sheoah Blvd1,800,000.00$ City budgeted for project - CIP 2025This project will replace a water main made of hazardous materials for improved reliability and water quality.Design 300,000.00$ Construction 1,500,000.00$ Potable Water System Improvements 7Winter Springs Blvd Water Main ReplacementDesign and replacement of asbestos cement water main along Winter Springs Blvd700,000.00$ City budgeted for project - CIP 2026, construction of project TBD when funds become available.This project will replace a water main made of hazardous materials for improved reliability and water quality.Design 100,000.00$ Construction 600,000.00$ Potable Water System Improvements 8 Parkstone Water Main LoopInstall additional water main to Parkstone (reliability project)600,000.00$ City budgeted for project - CIP 2026, construction of project TBD when funds become available.Currently, the entire Parkstone Community receives potable water through one main. If that main fails, the entire Parkstone community will be affected. This project provides increased reliability to Parkstone, by installing an additional main to serve the community. Additionally, the system will now be "looped" which provides less stagnant water and ultimately, higher water quality.Design 100,000.00$ Construction 500,000.00$ City of Winter Springs - 2025 Project Appropriations List132
Potable Water System Improvements9Winter Springs Blvd Valve AdditionsInstallation of additional water valves 40,000.00$ City budgeted for project - CIP 2026, construction of project TBD when funds become available.This project will provide additional reliability to Winter Springs Blvd. At this time, there are no isolation mains along the Winter Springs Blvd potable water main. If part of the main becomes compromised, the entire main must be taken out of service, and hundreds of residents will be impacted.Wastewater Facility Improvements 10East and West WRF ReplacementsReplacement of existing, outdated wastewater plants with a 5-stage BNR facility, capable of meeting advanced wastewater treatment (AWT) standards in the future when required.112,900,000.00$ ARPA and SRFThe existing wastewater facilities are outdated ring-steel package plants (installed in the 1970's/80's) that have surpassed the end of their useful life and require both replacement and modernization. Upgrade of these facilities will greatly reduce operational challenges currently experienced at the facilities, and also provide more reliability and higher reclaimed effluent quality. Additionally, due to the current condition of these facilities, wastewater spills occur, which will be greatly reduced once the plants are The upgrade of these facilities will produce a much higher-quality effluent and greatly reduce total nitrogen and phosphorous. This will greatly benefit the Lake Jesup Basin.Design 12,900,000.00$ Construction 100,000,000.00$ Wastewater Sewer System Improvements 11Moss Road Force Main ReplacementReplacement of sewer force main along Moss Rd which has experienced failures.650,000.00$ City budgeted for project - CIP 2025This project will replace a failed sewer main that is placing additional strain on the system. This project will reduce risk of environmental impact.Design 50,000.00$ Construction 600,000.00$ 133