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HomeMy WebLinkAbout03-007ORDINANCE NO. 03-07 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA, AMENDING CHAPTER 1-2, "ADMINISTRATION", OF THE CODE OF ORDINANCES OF ST. LUCIE COUNTY, FLORIDA, BY ADDING A NEW ARTICLE VI TO BE ENTITLED "CRIMINAL HISTORY RECORD CHECKS"; CREATING SECTION 1-2-66 (DEFINITIONS); CREATING SECTION 1-2-67 (CRIMINAL HISTORY RECORD CHECK FOR CERTAIN EMPLOYEES AND APPOINTEES) REQUIRING CRIMINAL HISTORY RECORD CHECKS FOR COUNTY EMPLOYEES AND APPOINTEES FOR POSITIONS WHICH THE BOARD OF COUNTY COMMISSIONERS FINDS CRITICAL TO SECURITY OR PUBLIC SAFETY; CREATING SECTION 1-2-68 (CRIMINAL HISTORY RECORD CHECKS FOR CERTAIN PRIVATE CONTRACTORS AND VENDORS) REQUIRING CRIMINAL HISTORY RECORD FOR PRIVATE CONTRACTORS AND VENDORS HAVING ACCESS TO ANY PUBLIC FACILITY OR PUBLICLY OPERATED FACILITY WHICH THE BOARD OF COUNTY COMMISSIONERS FINDS CRITICAL TO SECURITY OR PUBLIC SAFETY; FURTHER PROVIDING FOR CONFLICTING PROVISIONS, SEVERABILITY AND APPLICABILITY; PROVIDING FOR FILING WITH THE DEPARTMENT OF STATE; PROVIDING FOR AN EFFECTIVE DATE; PROVIDING FOR CODIFICATION. NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of St. Lucie County, Florida; PART A. CREATION OF ARTICLE VI OF CHAPTER 1-2, "ADMINISTRATION" OF THE ST. LUCIE COUNTY CODE OF ORDINANCES AND COMPILED LAWS through words are deleted; underlined words are added. 1 Chapter 1-2 of the Code of Ordinances of St. Lucie County, Florida, is hereby amended by adding a new Article VI, "Criminal History Record Checks", which article shall read as follows: ARTICLE VI. CRIMINAL HISTORY RECORD CHECKS. Sec. 1-2-66. Definitions. As used in this article, the following terms shall be defined as follows: (A) "Board" ~hall mean the Board of County Commissioners of St. Lucie County, Florida. (B) "County" shall mean St. Lucie County, Florida, a political subdivision of the State of Florida. "Facilities" shall mean those public facilities or publicly operated facilities determined by the Board to be critical to security or public safety. (D) "FBI" shall mean the Federal Bureau of Investigation. (E) "FDLE" shall mean the Florida Department of Law Enfomement. (F) "Private contractor" shall mean any private contractor, employee of a private contractor, vendor, repair person, or delivery person. Sec. 1-2-67. Criminal history record check for certain employees and appointees. (A) In accordance with Section 125.5801, Florida Statutes, the County shall require employment screening as provided in this ordinance for any position of County employment or appointment which the Board finds is critical to security or public safety. The Board ~hall adopt a resolution, which may be amended from time to time, setting forth a list of such positions. (B) Each person applying for, or continuing employment, in any such position shall be fingerprinted. The fingerprints shall be submitted to the FDLE for a state criminal history record check and the to the FBI for a national criminal history record check. (C) The County shall use the information obtained from the criminal history record checks conducted pursuant to this ordinance to determine an applicant's eligibility for employment or appointment and to determine an ack :l~i,~,,~,l: words are deleted; underlined words are added. 2 Sec. 1-2-68. (A) (B) employee's eligibility for continued employment. Except as otherwise provided herein, the County Administrator, or his designee, shall be responsible for this determination. The County Attorney shall be responsible for a making a recommendation to the Board with regard to criminal history record checks obtained for applicants for the position of County Administrator or an existing County Administrator's continued employment. Criminal history record check for certain private contractors. In accordance with Section 125.5801, Florida Statutes, the County shall require screening as provided in this ordinance for any private contractor who has access to any public facility or publicly operated facility which the Board finds is critical to security or public safety. The Board shall adopt a resolution, which may be amended from time to time, setting forth a list of such facilities. Each private contractor having access to such facilities shall be fingerprinted. The fingerprints shall be submitted to the FDLE for a state criminal history record check and the to the FBI for a national criminal history record check. (C) The County shall use the information obtained from the criminal history record checks conducted pursuant to this ordinance to determine whether a private contractor shall be permitted access to such facilities. Except as otherwise provided herein, the County Administrator, or his designee, shall be responsible for this determination. PART B. CONFLICTING PROVISIONS Special acts of the Florida legislature applicable only to unincorporated areas of St. Lucie County, County ordinances and County resolutions, or parts thereof, in conflict with this ordinance are hereby superseded by this ordinance to the extent of such conflict. PART C. SEVERABILITY If any portion of this ordinance is for any reason held or declared to be unconstitutional, inoperative or void, such holding shall not affect the remaining portions of this ordinance. If this ordinance or any provision thereof shall be held to be inapplicable to any person, property or cimumstances, such holding shall not affect its applicability to any other person, property or circumstances. S~iu,.k fi,rc,~ig~, words are deleted; underlined words are added. 3 PART D. APPLICABILITY OF ORDINANCE This ordinance shall be applicable in the unincorporated areas of St. Lucie County, Florida. PART E. FILING WITH DEPARTMENT OF STATE The Clerk be and hereby is directed forthwith to send a certified copy of this ordinance to the Bureau of Laws, Department of State, The Capitol, Tallahassee, Florida, 32304. PART F. EFFECTIVE DATE This ordinance shall take effect on the date of adoption. PART G. ADOPTION After motion and second, the vote on this ordinance was as follows: Chairman CliffBames Vice Chairman Paula A. Lewis Commissioner Frannie Hutchinson Commissioner John D. Bmhn Commissioner Doug Coward PART H. CODIFICATION AYE AYE AYE AYE AYE Provisions of this ordinance shall be incorporated in the County Code and the word "ordinance" may be changed to "section", "article" or other appropriate word, and the sections of this ordinance may be renumbered or relettered to accomplish such intention; provided, however, that parts B to H shall not be codified. words are deleted; underlined words are added. 4 PASSED AND DULY ADOPTED this 7th day of January, 2003. BOARD OF CO~gS~SSIONERS ATTEST: ST. APPROVED TO FO~ g:\atty\ordnanceL2003\02-07.wpd BY: COUNTY words are deleted, underlined words are added. 5