4546 Providing security Related Concerns and Privacy MattersOrdinance No. 2020-4546
An Ordinance of the City of Sanford, Florida relating to
providing security for activities of the City that have security
related concerns and privacy matters which necessitate
protection in the implementation of the operations, programs,
projects and activities of the City; prohibiting the making of
audio recordings, video recordings or engaging in
photography of any type or nature under certain
circumstances; providing for legislative findings and intent;
providing for implementing administrative actions; providing
for a savings provision; providing for conflicts; providing for
severability; providing for codification as well as the
correction of scrivener's errors and providing for an effective
date.
Whereas, controlling State law generally provides for transparency in
government activities and openness in government and the City of Sanford has
consistently acted in a manner consistent therewith and implemented policies
which ensure that City Government operates in the Sunshine; and
Whereas, however, sound and generally accepted public management
practices and principles require that the City protect certain information and data
and ensure that the operations, programs, projects and activities of the City are
implemented in a manner which protect the City and its citizens as authorized
under controlling State law; and
Whereas, recent judicial decisions have made it clear that the actions
taken in this Ordinance are necessary and prudent to attain the legislative goals
and purposes set forth herein; and
Whereas, examples of sound and generally accepted public
management practices and principles in Florida statutory law pertain to the
protection of security system plans and information relating to security systems
as set forth in Section 119.071(3)(a), Florida Statutes, relating to exempt public
records, and Section 281.301, Florida Statutes, relating to both exempt public
records and exempt public meetings; and
Whereas, examples of sound and generally accepted public
management practices and principles in Florida statutory law pertain to the
protection of certain agenda and personnel data as set forth in Section
119.071(4) and (5), Florida Statutes, relating to exempt public records; and
Whereas, the City has entered the digital era and there is every
indication this will continue to accelerate with the risks of data breaches, service
disruptions, theft, and loss of intellectual property also rising with catastrophic
failures to public facilities and public safety networks constituting real threats and
the sheer magnitude of the challenge of fortifying the City and all its constituent
parts from cyberattack and sophisticated attacks on applications and networks
can be overwhelming particularly if computer passwords and other sensitive data
are not protected and secured; and
Whereas, there are groups and persons who have, and will, engage in
activities which threaten the City and its employees and citizens as a result of
bad motives or reckless, and sometimes highly inappropriate and offensive, zeal
necessitating the provisions of this Ordinance; and
Whereas, this Ordinance is enacted pursuant to the home rule powers
of the City of Sanford as set forth the Declaration of Rights of the Constitution of
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the State of Florida; at Article VIII, Section 2, of the Constitution of the State of
Florida; Chapter 119, Florida Statutes; Chapter 166, Florida Statutes; Chapter
281, Florida Statutes; Chapter 286, Florida Statutes; and other applicable
controlling law; and
Whereas, the City Commission of the City of Sanford has deemed
approval of this Ordinance to be in the best interest of the residents and citizens
of the City of Sanford and to further the public health, safety and welfare; and
Whereas, the City Commission of the City of Sanford has complied
with all procedural and substantive requirements of controlling law in enacting
this Ordinance.
Now, Therefore, be it Enacted By the People of the City Of Sanford,
Florida:
Section 1. Legislative Findings and Intent.
(a). The City Commission of the City of Sanford hereby adopts and
incorporates into this Ordinance the recitals (whereas clauses) to this Ordinance,
the City staff report and City Commission agenda memorandum relating to the
application and the proposed vacation of the right-of-way as set forth herein.
(b). The City of Sanford has complied with all requirements and
procedures of Florida law in processing and advertising this Ordinance.
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Section 2. Protection Of City Sensitive Communications And
Materials Relative To City Operations, Programs, Projects And Activities.
The following provisions are added to the Code of Ordinances of the City of
Sanford as follows:
(a). The City Manager may establish certain areas of the facilities and
buildings of the City such that an expectation of privacy or security is exhibited,
expected and needed. The necessity of the expectation of privacy or security
may be based upon matters such as those involving homeland security, financial
security, the integrity of law enforcement or other public safety activities, the
protection of personnel identifying information that can be used for implementing
identity theft or other illicit purposes, legally founded privacy, cybersecurity, or as
a result of related issues, matters or purposes which require, in the sound
judgment of the City Manager, based upon sound and generally accepted public
management practices and principles, the protection of sensitive communications
and materials relative to City operations, programs, projects and activities or
other protected interests.
(b). With regard to areas of the facilities and buildings of the City where
an expectation of privacy or a security requirement has been determined to exist,
the City Manager shall ensure that the areas are posted with signs and notices
that indicate to the general public that it is prohibited to make audio recordings,
make video recordings or engage in photography of any type or nature or to
otherwise compromise the security based or privacy based information..
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(c). The City Manager shall advise the City Commission whenever
areas of City facilities or buildings are determined to be the subject of this
Section.
(d). It is prohibited and unlawful for any person to violate the provisions
of this Section. If an area is posted or notice is provided to the effect that the
making of audio recordings, the making of video recordings or engaging in
photography of any type or nature is prohibited, it is prohibited and unlawful for
any person to attempt to conduct, conduct or assist in conducting any such
activity. It is prohibited and unlawful for any person to otherwise compromise the
security based or privacy -based information. The City may proceed with any
legal remedy or code enforcement process available to the City under controlling
State law and the penalty provisions of Section 1-7 of the City Code shall be fully
applicable.
(e). Notwithstanding the general provisions of this Section, it is
prohibited and unlawful for a City employee to record or photograph any other
City employee unless directed to do so by supervisory authority.
Section 3. Implementing Administrative Actions. The City
Manager, or designee, is hereby authorized and directed to implement the
provisions of this Ordinance and to take any and all necessary administrative
actions to bring into effect the provisions of this Ordinance including, but not
limited to, the promulgation and adoption of rules and forms.
Section 4. Savings; Effect Of Ordinance. The prior actions of the
City of Sanford in terms of the matters relating to the security of City buildings
and facilities, as well as any and all actions and activities of the City pertaining
thereto or of an associated nature, are hereby ratified and affirmed.
Section 5. Codification; Scrivener's Errors.
(a). Sections 2 of this Ordinance shall be codified, and all other sections
shall not be codified.
(b). The sections, divisions and provisions of this Ordinance may be
renumbered or re -lettered as deemed appropriate by the Code codifier.
(c). Typographical errors and other matters of a similar nature that do
not affect the intent of this Ordinance, as determined by the City Clerk and City
Attorney, may be corrected with the endorsement of the City Manager, or
designee, without the need for a public hearing.
Section 6. Conflicts. All ordinances or parts thereof in conflict with
this Ordinance are hereby repealed to the extent of such conflict.
Section 7. Severability. If any section, subsection, sentence,
clause, phrase, or portion of this Ordinance, or application hereof, is for any
reason held invalid or unconstitutional by any court of competent jurisdiction,
such portion or application shall be deemed a separate, distinct, and independent
provision and such holding shall not affect the validity of the remaining portions
thereof.
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Section 8. Effective Date. This Ordinance shall become effective
immediately upon enactment.
Attest:
Passed and adopted this 18th day of May, 2020.
City Commission of a City of
Sanford, Florida
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Traci Houchin, City Clerk, MMC, FCRM
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Approved as to form and legal sufficienc
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William L. Colbert City Attorney
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WS RM X
CITY OF Item No. "T
Skl4FORD
FLORIDA
CITY COMMISSION MEMORANDUM 20.078
MAY 18, 2020 AGENDA
TO: Honorable Mayor and Members of the City Commission
PREPARED BY: Fred Fosson, Director of Human ResourcesLRiskgement
SUBMITTED BY: Norton N. Bonaparte, Jr., City Mana
SUBJECT: Ordinance Relating to Providing Security for Adivities of the City that have
Security Related Concerns and Privacy ers Which Necessitate Protection;
Ordinance No. 2020-4546
STRATEGIC PRIORITIES:
❑ Unify Downtown & the Waterfront
❑ Promote the City's Distinct Culture
® Update Regulatory Framework
❑ Redevelop and Revitalize Disadvantaged Communities
SYNOPSIS:
Adoption of Ordinance No. 4546, relating to providing security for activities of the City that have
security related concerns and privacy matters which necessitate protection.
FISCALISTAFFING STATEMENT:
Ordinance No. 4546 would not only protect the security interests of the City in many respects, but
would also provide legislative authority for such protections which should act as a deterrent to legal
disputes and as a defense when such legal disputes arise, thereby, reducing the impact of legal costs
upon the City. The enactment of Ordinance No. 4546 would ensure that the City operates in a fiscally
sound and prudent manner relative to security and other matters while conserving and protecting City
property interests, revenues and resources and well as recognized and legitimate expectations of
privacy.
BACKGROUND:
Ordinance No. 4546 addresses matters that arise as a result of an event which occurred in 2014 when
James McDonough visited Police Chief Al Rolle of Homestead, Florida. While in Police Chief Rolle's
office, Mr. McDonough placed his cell phone on the Police Chief s desk and recorded a meeting. Police
Chief Rolle testified that Mr. McDonough never warned him he was recording the meeting. In Florida,
that action could have been a violation of Florida's "wiretapping" laws which require that all parties
consent to being recorded. Police Chief Rolle contacted Miami -Dade County State Attorney Katherine
Rundle who transmitted a letter to Mr. McDonough threatening to arrest him if he ever recorded the
Police Chief like that again.
Mr. McDonough challenged Ms. Rundle in a lawsuit and won the right to record Rolle in a Federal
appeals court. Ms. Rundle appealed the decision to the United States Supreme Court which declined to
hear her case.
The City, of course, has areas in which sensitive security and personal matters are discussed and within
which records are processed containing matters that are either confidential or exempt from disclosure
under Florida's Public Records Laws. In those areas, it would be a reasonable action to regulate whether
recording and photographing may occur and whether meetings are to be recorded.
Ordinance No. 4546 provides a means whereby such matters can be reasonably protected by providing
that:
(1). The City Manager may establish certain areas of the facilities and
buildings of the City such that an expectation of privacy or security is exhibited,
expected and needed which necessity may be based upon matters such as those
involving homeland security, financial security, the integrity of law enforcement
or other public safety activities, the protection of personnel identifying
information that can be used for implementing identity theft or other illicit
purposes, legally founded privacy, cybersecurity, or as a result of related issues,
matters or purposes which require.
(2). With regard to areas of the facilities and buildings of the City where
an expectation of privacy or a security requirement has been determined to exist,
the City Manager would cause such areas to be posted with signs and notices that
indicate to the general public that it is prohibited to make audio recordings, make
video recordings or engage in photography of any type or nature or to otherwise
compromise the security based or privacy based information.
(3). The City Manager would be required to advise the City Commission
whenever areas of City facilities or buildings are determined to be the subject of
this Section.
(4). City employees may not record or photograph any other City
employee unless directed to do so by supervisory authority.
(5). It would be unlawful for any person to violate the provisions of
Ordinance No. 4546.
The City Commission approved the first reading of Ordinance No. 4546 on April 27. 2020.
The City Clerk published notice of the 2"d Public Hearing in the Sanford Herald on April 5, 2020.
LEGAL. REVIEW:
Ordinance No. 4546 was drafted by the City Attorney.
RECOMMENDATION:
City staff recommends that the City Commission adopt Ordinance No. 4546.
SUGGESTED MOTION:
"I move to adopt Ordinance No. 4546."
Attachment: Ordinance No. 4546