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HomeMy WebLinkAbout25-021 ORDINANCE NO. 25-021 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA, AMENDING ORDINANCE NO. 03-07, CHAPTER 1-2, "ADMINISTRATION",OF THE CODE OF ORDINANCES OF ST. LUCIE COUNTY, FLORIDA, BY AMENDING ARTICLE VI, "CRIMINAL HISTORY RECORD CHECKS"; AMENDING SECTION 1-2-66 (DEFINITIONS); AMENDING SECTION 1-2- 67 (CRIMINAL HISTORY RECORD CHECK FOR CERTAIN EMPLOYEES AND APPOINTEES) REQUIRING CRIMINAL HISTORY RECORD CHECKS FOR CERTAIN COUNTY EMPLOYEES AND APPOINTEES FOR POSITIONS WHICH THE BOARD OF COUNTY COMMISSIONERS FINDS CRITICAL TO SECURITY OR PUBLIC SAFETY; AMENDING 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. WHEREAS, the Board of County Commissioners of St. Lucie County, Florida has made the following determinations: 1. The Florida Legislature adopted Chapter 2002-169, Laws of Florida, as amended by Chapter 2013-116, Laws of Florida, which laws provided that a county may require, by ordinance, state and national criminal history screening for: Struck through words are deleted; underlined words are added. 1 MICHELLE R.MILLER.CLERK OF THE CIRCUIT COURT SAINT LUCIE COUNTY FILE# 5539973 10/15/2025 02:43:58 PM OR BOOK 5381 PAGE 2735-2740 Doc Type:ORDN RECORDING: $52.50 a) Any position of county employment or appointment, whether paid, unpaid, or contractual, which the governing body of the county finds is critical to security or public safety; b) Any private contractor, employee of a private contractor, vendor, repair person, or delivery person who is subject to licensing or regulation by the county; or c) Any private contractor, employee of a private contractor, vendor, repair person, for-hire chauffeur, or delivery person who has direct contact with individual members of the public or access to any public facility or publicly operated facility in such a manner or to such an extent that the governing body of the county finds that preventing unsuitable persons from having such contact or access is critical to security or public safety. 2. As authorized by State Law, St. Lucie County Ordinance No. 03-07 requires criminal history record checks for certain employees, appointees and private contractors; and 3. The Board desires to amend County Ordinance No. 03-07 to include language in Sections 1-2-66, 1-2-67, and 1-2-68 to reflect the amended language in Chapter 2013- 116, Laws of Florida and to delete the words "or his designee" after the word "County Administrator" and add the words "or Human Resources and Risk Management Director". The Board has determined that the proposed amendment serves a public purpose. NOW,THEREFORE, BE IT ORDAINED by the Board of County Commissioners of St. Lucie County, Florida; Struck through words are deleted; underlined words are added. 2 PART A. CREATION OF ARTICLE VI OF CHAPTER 1-2, "ADMINISTRATION" OF THE ST. LUCIE COUNTY CODE OF ORDINANCES AND COMPILED LAWS 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" shall 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 Enforcement. (F) "Private contractor" shall mean any private contractor, employee of a private contractor, vendor, repair person, for-hire chauffeur 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 state and national criminal history 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 shall adopt a resolution, which may be amended from time to time, setting forth a list of such positions. Struck through words are deleted; underlined words are added. 3 (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 employee's eligibility for continued employment. Except as otherwise provided herein, the County Administrator, or his designee or Human Resources and Risk Management Director, 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. Sec. 1-2-68. Criminal history record check for certain private contractors. (A) In accordance with Section 125.5801, Florida Statutes, the County shall require state and national criminal history screening as provided in this ordinance for any private contractor who has direct contact with individual members of the public or 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. (B) 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 allowed to have contact or wed access to such facilities. Except as otherwise provided herein, the County Administrator, or his designee or Human Resources and Risk Management Director, shall be responsible for this determination. Struck through words are deleted; underlined words are added. 4 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 circumstances, such holding shall not affect its applicability to any other person, property or circumstances. 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 upon filing with the Department of State. PART G. ADOPTION After motion and second, the vote on this ordinance was as follows: Struck through words are deleted; underlined words are added. 5 Commissioner Jamie Fowler, Chair AYE Commissioner Larry Leet, Vice Chair AYE Commissioner James Clasby AYE Commissioner Erin Lowry AYE Commissioner Cathy Townsend AYE PART H. CODIFICATION 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. PASSED AND DULY ADOPTED this 7th day of October, 2025. BOARD OF COUNTY COMMISSIONERS ATTEST: ST LUCIE COUNT FLO IDA 4/./‘-t-ert_ 1 L B • DEPUTY CLE {GOMM's CHAIR Cts. e A PPROVED AS TO FORM AND ier % N ORRECTNESS: 0 `'%46, uNr{,f�o�` BY: INTERIM COUNTY ATTORNEY Struck through words are deleted; underlined words are added. 6 RON DESANTIS Governor CORD BYRD Secretary of State R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250 Telephone: (850) 245-6270 October 14, 2025 Michelle R. Miller Clerk & Comptroller St. Lucie County 2300 Virginia Ave. Fort Pierce, FL 34982 Dear Michelle Miller, Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your electronic copy of St. Lucie County Ordinance No. 25-021, which was filed in this office on October 14, 2025. Sincerely, Alexandra Leijon Administrative Code and Register Director AL/dp