HomeMy WebLinkAbout4019 Preempl Backgrd CksOrdinance No. 4019
An ordinance of the City of Sanford, Florida relating to criminal history
record checks for certain City employees and appointees and others
associated with City government; authorizing employment screening
(fingerprinting) for any position of City employment or appointment
which the City Commission finds is critical to security or public safety,
or for any private contractor, employees of private contractor, vendor,
repair person, or delivery person who has access to any public facility
or publicly operated facility that the City Commission finds is critical to
security or public safety; providing for the adoption of administrative
rules by the City Manager; providing for legislative purpose, findings
and intent; providing for conflicts; providing for severability; providing
for codification and providing for an effective date.
Whereas, during the 2002 Regular Legislative Session the Florida Legislature
enacted Senate Bill 954 (Chapter 2002-169, Laws of Florida), which was codified as
Section 166.0442, Florida Statutes, which law provides for authority for the City of Sanford
to implement certain screening practices to secure the safety and security of the City, its
citizens and the public facilities upon which they rely; and
Whereas, the Florida Senate Staff Report and Economic Impact Statement relative
to Senate Bill 954 recognizes that "[p]ersonnel home rule allows . . . municipal
governments to set rules governing the employment of their personnel, the rates of
remuneration, the conditions of employment, and collective bargaining and personnel
related issues" and that "[w]hile it is recognized that counties and municipalities have home
rule authority to require background screening of prospective employees,.., s. 166.0443,
F.S., specifically state(s) that . . . (cities) are not prohibited 'from investigating the
background of employees or prospective employees... '"; and
Whereas, in some cases, the is required by State law to obtain a background
screening as a condition of employment such as Section 943.133(3), Florida Statutes,
requiring all law enforcement officers employed by the City to undergo a thorough
background investigation in accordance with procedures established by the Criminal
Justice Standards and Training Commission and Section 633.34, Florida Statutes,
requiring flrefighters employed by the City to undergo a background investigation as a
condition of employment; and
Whereas, the City Commission of the City of Sanford has determined that it desires
to ensure the protection of the health, safety and welfare of the citizens of the City of
Sanford by providing for appropriate background screening of its candidates for
employment with the City; and
Whereas, the City Commission of the City of Sanford is cognizant of the provisions
of Chapter 435, Florida Statutes, which relates to employment screening and provides for
Level 1 and Level 2 screenings; and
Whereas, the City Commission of the City of Sanford has determined that it desires
to implement the provisions of Section 166.0442, Florida Statutes, by providing for a
system of fingerprinting screening in order to protect the health, safety and welfare of the
citizens of the City of Sanford,
Now, therefore, be it enacted by the People of the City of Sanford, Florida:
Section 1. Legislative purpose, findings and intent.
(a). It is the intent and purpose of the City Commission of the City of Sanford to
implement the provisions of Section 166.0~.~.2, Florida Statutes, and to otherwise provide
for appropriate employment background screening by the City.
(b). The City Commission of the City of Sanford hereby adopts the Florida
Senate Staff Report and Economic Impact Statement relative to Senate Bill 954 as
enacted by the Florida Legislature during the 2002 Regular Legislative Session as the
legislative intent for the enactment of this Ordinance. A copy of said Report is on file in the
records of the City Clerk.
(c). It is not the intent of the City Commission to constrain the reasonable
administrative requirements relating to the pre-screening of candidates for employment
with the City or to otherwise limit the actions of the City relating to the maintenance of the
security of its structures and facilities or with regard to ensudng the public, insofar as
practicable, that the employees of the City are performing their jobs in accordance with the
public interest and with regard to protecting the public health, safety, morals and welfare.
Section 2. Screening of employees, appointees and contractors, etc.
(a). Screening is hereby required for any position of City employment or
appointment which the City Commission finds is critical to security or public safety, or for
any private contractor, employee of a private contractor, vendor, repair person, or delivery
person who has access to any public facility or publicly operated facility that the City
Commission finds is critical to security or public safety. Each person applying for, or
continuing employment in, any position that is found by the City Commission to be critical
to security or public safety, and any person who is a private contractor, employee of a
private contractor, vendor, repair person, or delivery person having access to any such
facility shall be fingerprinted. The City Commission, pursuant to adoption of a resolution,
shall determine which positions and persons are subject to the screening provisions set
forth herein, which resolution shall establish those persons are required to be screened in
accordance with the provisions of this Ordinance.
(b). The fingerprints obtained pursuant to Subsection 2(a) 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.
(c). The information obtained from the criminal history record checks conducted
pursuant to this Ordinance may be used by the City to determine an applicant's eligibility
for employment or appointment, to determine an employee's eligibility for continued
employment, or to determine a person's access to a public facility under the control of the
City Commission.
(d). The City Manager is hereby authorized to adopt administrative rules that are
deemed necessary and appropriate to implement the provisions of this Ordinance and to
provide for the appropriate background screening of employees and candidates for
employment with the City.
(e). Any other background screening, including, but not limited to, criminal history
background checks, which the City may lawfully undertake are not prohibited by this
supplemental grant and implementation of authority.
(f). This Ordinance shall be implemented in harmony with the requirements of the
City relating to pre-employment screening.
Section 3. Conflicts. All ordinances or part of ordinances in conflict with this
Ordinance are hereby repealed.
Section 4. Severability. If any provision of this Ordinance or the application thereof
to any person or circumstance is held invalid, the remainder shall nevertheless be given full
force and effect, and to this end the provisions of this Ordinance are declared severable.
Section 5. Codification. This Ordinance shall be codified in the Code of
Ordinances of the City of Sanford. The Code codifier is granted authority to change the
words "Ordinance" and other words to reflect the Part, Section, Article, etc., assigned in the
Code, except that Sections 3, 4, 5 and 6 shall not be codified.
Section 6. Effective Date. This Ordinance shall take effect immediately upon
passage and adoption.
3
Passed and adopted this 25th day of September, 2006.
Attest:
Cynthia Porter, Acting City Clerk
City Commission of the City
Sanford, Florida
Linda ~uhn, Mayor
of
Certificate
I, Cynthia Porter, Acting City Clerk of the City of Sanford, Florida, do hereby certify
that a true and correct copy of the foregoing Ordinance No. 4019, Passed and Adopted by
the City Commission of the City of Sanford, Florida, on the 25th day of September, 2006,
was posted at the front door of the City Hall in the City of Sanford, Florida, on the 27th day
of September, 2006.
Cynthia Porter
As the Acting City Clerk of the City
of Sanford, Florida
4
Resolution No. 2059
A resolution by the City Commission of the City of Sanford,
Florida to provide for the revision of the City's policy relating
to pre-employment and other screening; providing for the
implementation of Ordinance Number 4019; providing for the
City Manager take and administer implementing actions;
providing for severability, conflicts and an effective date.
Whereas, the City Commission has determined that it desires to ensure the protection of the
health, safety and welfare of the citizens of the City of Sanford by providing for appropriate
background screening of its candidates for employment or appointment with the City; and
Whereas, the City Commission is cognizant of .the provisions of Section 166.0442, Florida
Statutes, and Chapter 435, Florida Statutes, which laws provide for diverse authority for the City
of Sanford to implement certain screening practices to secure the safety and security of the City,
its citizens and the public facilities upon which they rely and has enacted Ordinance 4019
relating to criminal history record checks for certain City employees and appointees and others
associated with City government; and
Whereas, this Resolution is intended to implement the provisions of Ordinance 4019; and
Whereas, the City Manager provides diligent management practices to develop, implement and
maintain the personnel management policies of the City Commission for the benefit of the
citizens of the City of Sanford; and
Whereas, the City Commission is vested with the budgetary authority and control relating to
City of Sanford Government operations, the provision of adequate levels of service with regard
to essential public services and facilities and the maintenance of public benefits provided and the
protection of the public health, safety, morals and welfare by City Government to the citizens of
the City of Sanford; and
Whereas, it is the desire and goal of the City Commission for City Government to function as an
efficient governmental organization providing safety and security to the citizens which it serves;
and
Whereas, the City Commission has concluded that national criminal history record checks will
provide positive security and public safety benefits to the City and the City Commission has
concluded that the results of such actions will benefit the citizens of the City of Sanford and
advance the public health, safety, morals and welfare; and
Whereas, it is the goal and desire of the City Commission to provide a continuing high quality
level of service to the citizens of the City of Sanford with regard to the provision of essential and
beneficial levels of service and the provision of adequate public facilities to serve the needs of
the citizens; and
Whereas, the City Commission hereby finds and concludes that the level of service and the
system of public facilities provided to the citizens of the City of Sanford will be positively and
~avorably impacted as a result of the City Commission adopting the necessary employment
screening actions as set forth in this Resolution; and
Whereas, the City Commission of the City of Sanford hereby finds and concludes that the
actions taken herein are consistent with the Personnel Rules and Regulations of the City of
Sanford and other applicable laws and serve an important public purpose.
Now therefore, be it resolved by the City Commission of the City of Sanford, Florida as
follows:
PART I. CITY COMMISSION INTENT AND FINDINGS
Section 1. Legislative/Administrative Intent and Findings.
(a). The intent and findings set forth in the above recitals (whereas clauses) are hereby adopted
as the legislative and administrative intent and findings relative to the provisions of this
Resolution.
(b). It is the intent and purpose of the City Commission of the City of Sanford to implement the
provisions of Section 166.0442, Florida Statutes, the intent of Chapter 435, Florida Statutes, and
other controlling provisions of law and to otherwise provide for appropriate employment
background screening by the City consistent with sound public management practices and
principles.
(c). Positions and contractors/vendors, etc. having access to City facilities including, but not
limited to, utility plants and lines; street and stormwater systems; having access to City
computers and official records; involving code enforcement or law enforcement; involving the
use of City vehicles; involving Fire and Rescue operations; involving contact with children; or
engaging in regular public contact, such as those in the City's Leisure Services programs are
crucial and critical to security and public safety.
PART II. ESTABLISHMENT OF NATIONAL CRIMINAL HISTORY RECORD
CHECKS PROCESS
Section 2. National criminal history record checks shall be performed for all candidates for
employment with the City for all positions authorized within the City's Classification and Pay
Plan as may be amended from time-mm-time and such other employees, as may be employed by
the City, as the City Manager may determine to be necessary based upon the expression of intent
set forth in Ordinance 4019 and this Resolution. National criminal history record cheeks may
also be performed relating to incumbents in such positions as the City Manager, or designee,
may determine to be necessary and desirable based upon the interests of the City. The City
Manager may exempt persons asserting an exemption based upon a showing of good cause and
demonstrated clear and convincing evidence that no public purpose, as articulated in Ordinance
4019 and this Resolution, will be served by the National criminal history record check being
accomplished at a particular time; provided, however, that this provision providing for requests
for exemption shall not apply to the pre-employment screening of candidates for employment.
This action is based upon the determinations set forth in Section 1.
Section 3. Screening Of Other Personnel. Screening, in accordance with the provisions of
Section 166.0442, Florida Statutes, is hereby required for any private contractor, employee of a
private contractor, vendor, repair person, or delivery person who has access to any public facility
or publicly operated facility of the City to include utility plants and lines; street and stormwater
systems; to City computers and official records; involving Fire and Rescue operations; involving
law enforcement or code enfomement activities; involving the use of City vehicles; involving
contact with children; or which engage in regular public contact, such as being involved in the
City's Leisure Services programs all of which are found crucial to the security of the City and
public safety. The City Manager may exempt persons asserting an exemption from the screening
provisions of Section 166.0442, Florida Statutes, based upon a showing of good cause and
demonstrated clear and convincing evidence that no public purpose, as articulated in Ordinance
4019 and this Resolution, will be served by the screening being accomplished at a particular
time. This action is based upon the determinations set forth in Section 1.
PART III. ADMINISTRATIVE PROVISIONS
Section 4. Implementing Actions. The City Manager, or his designee(s), is/are hereby
granted full and complete authority to take any and all necessary administrative actions
that may be desirable or necessary to implement the actions taken in this Resolution.
Section 5. Severability. If any section or portion of a section of this Resolution proves
to bc invalid, unlawful, or unconstitutional, it shall not be beld to impair the validity,
force or effect of any other section or part of this Resolution.
Section 6. Conflicts. That all resolution or parts of resolutions in conflict herewith are
hereby revoked.
Section 7. Effective Date. That this resolution shall become effective immediately upon
its passage and adoption.
PASSED AND ADOPTED this 25* day of September, AD 2006.
Attost:
City Commission of the
City of Sanford, Florida
Cynthia Porter, Acting City Clerk
Linda I~hn, Mayor
SENATE STAFF ANALYSIS AND ECONOMIC IMPACT STATEMENT
(This document is based on the provisions contained in the legislation as of the latest date listed below.)
Bill:
SB 954
SPONSOR:
Senator Smith
SUBJECT:
COlIDty and Mtmicipal Employees and Contractors
DATE:
January 24, 2002
REVISED:
ANALYST
Cooper
STAFF DIRECTOR
Yeatman
REFERENCE
CA
CJ
ACTION
Favorable
1.
2.
3.
4.
5.
6.
I. Summary:
This bill authorizes a COlIDty or mtmicipality to require, by ordinance, screening of employee
applicants or appointments if the position is fOlIDd to be critical to security or public safety, or
screening of any private contractor, employee of a private contractor, vendor, repair person, or
delivery person who has access to any public facility or publicly operated facility if the facility is
fOlIDd to be critical to security or public safety.
This bill creates new unspecified sections of Florida Law.
II. Present Situation:
Employment Background Screening: Local Governments
"Home rule" is defined as the unrestricted ability of a local government to control local matters.
While Florida's COlIDties and mtmicipalities have a relatively low degree of fiscal home rule,
they do enjoy a high degree of fimctional, structural and personnel home rule. [See Article VITI,
ss. 1 and 2 of the State Constitution.] Personnel home rule allows COlIDty and mtmicipal
governments to set rules governing the employment of their personnel, the rates of remlIDeration,
the conditions of employment, and collective bargaining and personnel related issues.
While it is recognized that counties and mtmicipalities have home rule authority to require
backgrolIDd screening of prospective employees, s. 125.581 and s. 166.0443, F.S., specifically
states that local governments are not prohibited "from investigating the backgrolIDd of
employees or prospective employees... "
In some cases, local government employees are required by statute to obtain a backgrolIDd
screening as a condition of employment. Section 943.133(3), F.S., requires all law enforcement
BILL: SB 954
Page 2
officers employed by the state, mtmicipalities, or other political subdivisions of the state, to
lIDdergo a thorough backgrolIDd investigation in accordance with procedures established by the
Criminal Justice Standards and Training Commission. Section 633.34, F.S., requires firefighters
employed by the state, mtmicipalities, or other govemment entities in the state to lIDdergo a
background investigation as a condition of employment.
FDLE's Criminal Justice Infonnation Service
The Florida Department of Law Enforcement (FDLE) operates the state's criminal identification
screening system through the department's Criminal Justice Information Service. The FDLE is
the central repository of criminal history records for the state of Florida and provides criminal
identification screening to criminal justice agencies, non-criminal justice agencies, and private
citizens to identify persons with criminal warrants, arrests, and convictions that affect
employment, licensing, eligibility to purchase a firearm, and a variety of criminal justice
functions.
Chapter 435, F.S., provides for two levels of employment screening of state employees, persons
licensed or regulated by the state, or other persons as specified by statute. One level of screening
requires an employment history check and statewide criminal correspondence check through
FDLE. A second level of screening requires fingerprinting, a statewide criminal and juvenile
records check through FDLE, a federal criminal records check through the Federal Bureau of
Investigation (FBI), and may include local criminal records checks through local law
enforcement agencies.
Local governments use FDLE's Criminal Justice Information Service for a variety of purposes.
Local law enforcement has extensive access to both the state and national crime databases
through the system, to include databases maintained by the FBI. Local governments may access
FDLE's screening system for Levell employment screening. However, federal law does not
allow local governments to access the FBI databases (Level 2 screenings) for employment or
licensing backgrolIDd screening unless state law provides the local governments with explicit
statutory authority to conduct such screenings. (Section 50.12, 28 CFR Ch. 1.)
Select Committee On Public Security and Crisis Management
After the terrorist attacks of 9-11-01, the Senate created the Select Committee On Public
Security and Crisis Management to make recommendations on steps Florida might take to
improve the security of it's citizens, infrastructure, and economy. The committee solicited input
from public and private interests across the state, to include state agencies and local
governments.
On September 14th, Govemor Bush directed FDLE and the Division of Emergency Management
(OEM) in the Department of Commtmity Affairs (DCA) to complete a comprehensive
assessment of Florida's capability to prevent, mitigate, and respond to a terrorist attack. Their
primary recommendations are outlined in the report titled Assessing Florida's Anti-Terrorism
Capabilities. The report outlined a number oflong- term measures to enhance and expand
prevention/regulation/statutory remedies to combat terrorism, to include requiring backgrolIDd
checks and employment standards for individuals working or having regular access to ports of
transportation.
BILL: SB 954
Page 3
Currently, state law does not provide explicit authority for local government, to include port and
airport authorities, to access the FBI databases (Level 2 screenings) for employment or licensing
backgrolIDd screening.
III. Effect of Proposed Changes:
Section 1 authorizes a county to require, by ordinance, screening of:
. employee applicants or appointments if the position is fOlIDd to be critical to security or
public safety, or
. any private contractor, employee of a private contractor, vendor, repair person, or
delivery person who has access to any ptblic facility or publicly operated facility if the
facility is fOlIDd to be critical to security or public safety.
The ordinance must require each person applying for, or continuing employment in, any such
position or having access to any such facility to be fingerprinted. The fingerprints must then be
submitted to the Department of Law Enforcement (PDLE) for a state criminal history record
check and to the Federal Bureau of Investigation (FBI) for a national criminal history record
check. The information obtained from the criminal history record checks may be used by the
COlIDty to determine an applicant's eligibility for employment or appointment and to determine an
employee's eligibility for continued employment.
Section 2 authorizes a mtmicipality to require, by ordinance, screening of:
. employee applicants or appointments if the position is found to be critical to security or
public safety, or
. any private contractor, employee of a private contractor, vendor, repair person, or
delivery person who has access to any public facility or publicly operated facility if the
facility is fOlIDd to be critical to security or public safety.
The ordinance must require each person applying for, or continuing employment in, any such
position or having access to any slrll facility to be fingerprinted. The fingerprints must then be
submitted to FDLE for a state criminal history record check and to the FBI for a national
criminal history record check. The information obtained from the criminal history record checks
may be used by the mtmicipality to determine an applicant's eligibility for employment or
appointment and to determine an employee's eligibility for continued employment.
Section 3 provides that the act will take effect upon becoming a law.
IV. Constitutional Issues:
A. Municipality/County Mandates Restrictions:
None.
B. Public Records/Open Meetings Issues:
None.
BILL: SB 954 Page 4
C. Trust Funds Restrictions:
None.
V. Economic Impact and Fiscal Note:
A. Tax/Fee Issues:
None.
B. Private Sector Impact:
Employee or appointment applicants, private contractors, employees of a private
contractor, vendors, repair persons, or delivery persons who want access to select public
facilities or publicly operated facilities may incur background screening costs iflocal
govemments require backgrolIDd screening and requres such persons pay the cost of
such screening.
C. Government Sector Impact:
COlIDties and mtmicipalities may incur screening costs if they elect to require such
screemng.
VI. Technical Deficiencies:
None.
VII. Related Issues:
None.
VIII. Amendments:
None.
This Senate staff analysis does not reflect the intent or official position of the bill's sponsor or the Florida Senate.
SENATE STAFF ANALYSIS AND ECONOMIC IMPACT STATEMENT
(This document is based on the provisions contained in the legislation as of the latest date listed below.)
BILL:
SB 954
SUBJECT:
Senator Smith
COlIDty and Mtmicipal Employees and Contractors
SPONSOR:
DATE:
January 30, 2002
REVISED:
02/04/02
ANALYST
Cooper
Erickson
STAFF DIRECTOR
Yeatman
Cannon
REFERENCE
CA
CJ
ACTION
Favorable
Fav/2 amendments
l.
2.
3.
4.
5.
6.
I. Summary:
This bill authorizes a COlIDty or mtmicipality to require, by ordinance, screening of employee
applicants or appointments if the position is fOlIDd to be critical to security or public safety, or
screening of any private contractor, employee of a private contractor, vendor, repair person, or
delivery person who has access to any public facility or publicly operated facility if the facility is
fOlIDd to be critical to security or public safety.
This bill creates new unspecified sections of Florida Law.
II. Present Situation:
Employment Background Screening: Local Governments
"Home rule" is defined as the unrestricted ability of a local government to control local Illltters.
While Florida's COlIDties and mtmicipalities have a relatively low degree offisca1 home rule,
they do enjoy a high degree of fimctional, structural and personnel home rule. [See Article VITI,
ss. 1 and 2 of the State Constitution.] Personnel home rule allows COlIDty and mtmicipal
governments to set rules governing the employment of their personnel, the rates of remlIDeration,
the conditions of employment, and collective bargaining and personnel related issues.
While it is recognized that COlIDties and mtmicipalities have home rule authority to require
backgrolIDd screening of prospective employees, s. 125.581 and s. 166.0443, F.S., specifically
state that local governments are not prohibited ''from investigating the backgrollld of employees
or prospective employees..."
In some cases, local government employees are required by statute to obtain a backgrolIDd
screening as a condition of employment. Section 943.133(3), F.S., requires all law enforcement
BILL: SB 954
Page 2
officers employed by the state, mtmicipalities, or other political subdivisions of the state, to
lIDdergo a thorough backgrolIDd investigation in accordance with procedures established by the
Criminal Justice Standards and Training Commission. Section 633.34, F.S., requires firefighters
employed by the state, mtmicipalities, or other govemment entities in the state to lIDdergo a
backgrolIDd investigation as a condition of employment.
FDLE's Criminal Justice Infonnation Service
The Florida Department of Law Enforcement (PDLE) operates the state's criminal identification
screening system through the department's Criminal Justice Information Service. The FDLE is
the central repository of criminal history records for the state of Florida and provides criminal
identification screening to criminal justice agencies, non-criminal justice agencies, and private
citizens to identify persons with criminal warrants, arrests, and convictions that affect
employment, licensing, eligibility to purchase a fireann, and a variety of criminal justice
functions.
Chapter 435, F.S., provides for two levels of employment screening of state employees, persons
licensed or regulated by the state, or other persons as specified by statute. One level of screening
requires an employment history check and statewide criminal correspondence check through
FDLE. A second level of screening requires fingerprinting, a statewide criminal and juvenile
records check through FDLE, a federal criminal records check through the Federal Bureau of
Investigation (FBI), and may include local criminal records checks tlTough local law
enforcement agencies.
Local governments use FDLE's Criminal Justice Information Service for a variety of purposes.
Local law enforcement has extensive access to both the state and national crime databases
through the system, including databases maintained by the FBI. Local governments may access
FDLE's screening system for Levell employment screening. However, federal law does not
allow local governments to access the FBI databases (Level 2 screenings) for employment or
licensing backgrolIDd screening unless state law provides the local governments with explicit
statutory authority to conduct such screenings. (Section 50.12, 28 CFR Ch. 1.)
Select Committee On Public Security and Crisis Management
After the terrorist attacks of9-11-01, the Senate created the Select Committee On Public
Security and Crisis Management to make recommendations on steps Florida might take to
improve the security of it's citizens, infrastructure, and economy. The committee solicited input
from public and private interests across the state, to include state agencies and local
governments.
On September 14th, Governor Bush directed FDLE and the Division of Emergency Management
(OEM) in the Department of Commtmity Affairs (DCA) to complete a comprehensive
assessment of Florida's capability to prevent, mitigate, and respond to a terrorist attack. Their
primary recommendations are outlined in the report titled Assessing Florida's Anti-Terrorism
Capabilities. The report outlined a number oflong- term measures to enhance and expand
prevention/regulation/statutory remedies to combat terrorism, including requiring backgrolIDd
checks and employment standards for individuals working or having regular access to ports of
transportation.
BILL: SB 954
Page 3
Currently, state law does not provide explicit authority for local government, including port and
airport authorities, to access the FBI databases (Level 2 screenings) for employment or licensing
backgrolIDd screening.
III. Effect of Proposed Changes:
Section 1 authorizes a county to require, by ordinance, screening of:
. employee applicants or appointments if the position is fOlIDd to be critical to security or
public safety, or
. any private contractor, employee of a private contractor, vendor, repair person, or
deli very person 000 has access to any public facility or publicly operated facility if the
facility is fOlIDd to be critical to security or public safety.
The ordinance must require each person applying for, or continuing employment in, any such
position or having access to any such facility to be fingerprinted. The fingerprints must then be
submitted to the Department of Law Enforcement (PDLE) for a state criminal history record
check and to the Federal Bureau of Investigation (FBI) for a national criminal history record
check. The information obtained from the criminal history record checks may be used by the
COlIDty to determine an applicant's eligibility for employment or appointment and to determine
an employee's eligibility for continued employment.
Section 2 authorizes a mtmicipality to require, by ordinance, screening of:
. employee applicants or appointments if the position is fOlIDd to be critical to security or
public safety, or
. any private contractor, employee of a private contractor, vendor, repair person, or
delivery person who has access to any public facility or publicly operated facility if the
facility is fOlIDd to be critical to security or public safety.
The ordinance must require each person applying for, or continuing employment in, any such
position or having access to any such facility to be fingerprinted. The fingerprints must then be
submitted to FDLE for a state criminal history record check and to the FBI for a national
criminal history record check. The information obtained from the criminal history record checks
may be used by the mtmicipality to determine an applicant's eligibility for employment or
appointment and to determine an employee's eligibility for continued employment.
Section 3 provides that the act will take effect upon becoming a law.
IV. Constitutional Issues:
A. Municipality/County Mandates Restrictions:
None.
8. Public Records/Open Meetings Issues:
None.
BILL: SB 954 Page 4
C. Trust Funds Restrictions:
None.
V. Economic Impact and Fiscal Note:
A. Tax/Fee Issues:
None.
8. Private Sector Impact:
Employee or appointment applicants, private contractOIs, employees of a private
contractor, vendors, repair persons, or delivery persons who want access to select public
facilities or publicly operated facilities may incur backgrolIDd screening costs iflocal
govemments require backgrolIDd screening and require that such persons pay the cost of
such screening.
C. Government Sector Impact:
COlIDties and mtmicipalities may incur screening costs if they elect to require such
screerung.
VI. Technical Deficiencies:
None.
VII. Related Issues:
None.
VIII. Amendments:
# 1 by Criminal Justice:
Clarifies that the new section is not intended to limit or prevent backgrolIDd screenings and
criminal history record checks that cOlIDties may already be doing in areas that have not been
defined as critical to security or public safety.
BILL: SB 954
Page 5
#2 by Criminal Justice:
Clarifies that the new section is not intended to limit or prevent backgrolIDd screenings and
criminal history record checks that cities may already be doing in areas that have not been
defined as critical to security or public safety.
Amends s. 112.011, F.S. (providing that a person shall not be disqualified from employment with
the state, a political subdivision, or a city because of a prior conviction for a crime unless the
crime was a felony or first degree misdemeanor and directly relates to the position) to provide
that that section does not apply to positions that a COlIDty or city deem to be critical to security or
public safety. (WITH TITLE AMENDMENT)
This Senate staff analysis does not reflect the intent or official position of the bill's sponsor or the Florida Senate.