Ordinance 2007-64
/ ~;3.4567~
/'",/ '9l.
/ / ... 07
l~ 'A' ;~
I if NOV 2007 t>
\: RECENtll ~
~/
\.'.~~~~ qjv /
~~~~/
-..\
):;~ r-
r-r'
,:
;:'> ~
ORDINANCE NO. 2007 - JiL
AN ORDINANCE OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE 04- ~: '
~ PURSUANT TO SECTION 125.5801, FLORIDA STATUTES, MANDATING STATE r::;:, '
AND FEDERAL CRIMINAL HISTORY RECORD CHECKS FOR ALL POSmONS OF ~ ,.
EMPLOYMENT IN COLLIER COUNTY OR BY OUTSIDE CONTRACTORS OR .,
VENDORS; PROVIDING FOR INCLUSION INTO THE CODE OF LAWS AND ':.,
ORDINANCES; PROVIDING FOR CONFLICT AND SEVERABIUTY; PROVIDING AN ~ ,.
EFFECTIVE DATE. ~r;-
WHEREAS, Section 125.5801, Florida Statutes, (2006), authorizes the Board of
County Commissioners to adopt this Ordinance to mandate state and federal criminal
history records checks for applicants for employment in positions of employment
deemed by the Board to be critical to security or to public safety; and
WHEREAS, the Collier County Boerd of Commissioners deems that all County
employees and positions are critical to security or to publiC safety; and
WHEREAS, Collier County employees are placed in positions of trust and positions
which require them to interact with citizens, visitors and vendors in Collier County, and
as such all Collier County employees are in positions deemed critical to security or
public safety; and
WHEREAS, these criminal history records checks can apply to private individual
contractors, employees or other representatives of contractors including vendors, repair
persons, or delivery parsons, any of whom are deemed by the Board to be critical with
regard to security or to public safety, including concerns with regard to any such Collier
County owned or operated building or facility andlor school board building and parks;
and
WHEREAS, these criminal history records checks include having the applicant,
employee, private individual contractors, employees or other representatives of
contractors including vendors, repair parsons, or delivery persons fingerprinted and
submitting the individual's fingerprints to the Florida Department of Law Enforcement
(for a state criminal background check) and to the Federal Bureau of Investigation for a
national criminal history records check; and
WHEREAS, the information obtained from the criminal history records checks will
be used to determine the respective individual's eligibility for employment and continued
employment by the County or by any contractor with whom that County might contract;
and
Page 1.2f.6
C,J
C)
c..>
-~
o
C)
-l
f'~)
J:)
......~1'"~
, .
--
.,~--
'-
:."j'l
--=-"7
....."..".i
WHEREAS, each Individual applying for County employment, or who is then
employed by the County, in any position then deemed by this Ordinance (or Board
Resolution adopted pursuant to this Ordinance) to be critical to security or to public
safety, can be denied employment (or if already employed, such employment can be
terminated), if the individual has been or is convicted of any felony or any misdemeanor
of the first degree, and the conviction need not be related to the respective position of
employment or appointment.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
SECTION ONE: AMENDMENT TO THE CODE OF LAWS AND ORDINANCES.
~ection 2-66 of the Collier County Code of Laws and Ordinances (in Article III of
Chapter 2) Is hereby amended erealaQ to read as follows:
Sec. 2-66. Criminal History Record Checks Applicable to Individuals Employed in
Positions of Employment Deemed by the Board of County Commissioners to be Critical
to Security or Public Safety.
(a) Each Collier Countv emDlovee and 'position of employmenr Ii.ta~ balew
(aRS atRsr p9sltieR& BS FRay 98 aali:les 19 tRia Or:eiRaRse gy RaS9hdi9RB 91 tAB Saara EM
CeWAty CemmissisA8F6) is deemed to be critical to security or public safety. ~
~WFPeBes at this QroiRaA9E1, "FaGility" iAShujjfilB "SlaIiloiRS" ana ~9~A~'" iRSlw08B SaGR
EYSpart at C'elller CeWRly, iRslwaiAiJ tAe Cellier CewAly :\iFP9Ft .~wtRQFity &REI tt-Je Callier
CewRty \\'ater Ee':!.'er blislrist.
1.!ll'Position of employmenr is not limited to true employees, but shall be liberally
construed to include each individual who is 'appointed" to the position; and also
includes each individual who, because of his/her relation to an entity that has entered
into a contract with the County, who, because of that relationship, will be afforded any
opportunity to be a risk to security or to public safety, such as, but not limited to, each
individual who, with or without authorization, could gain physical access to any place
(restricted access location) where such individual could poison or otherwise
contaminate any potable water that might be supplied by the County, or by the Collier
County Water-Sewer District, to any consumer or end-user; or who, because of such
relationship, could physically harm or destroy any functionality of any potable water
fm.2-!lL6
faCility owned or controlled by Collier County or by said District; or who could damage
or destroy any telecommunications system or major telecommunications facility or
computer system or network; and provided the individual will not always be subject to
continuous, direct and Immediate suparvision by at least one (1) individual who had
passed the background checks.
(1) Positions of Employment:
(al All Collier Countv emolovees. aoolicants. and incumbents:
(I)
.\iFpIilFt Awtherltl".
All "aSmaRi aX66pt \GG9~RtjAi TeSRRisiaA, CwstaFRsr
iaMBS RS)arsB8AtalivB, ~FaRts le9RRielaA, Fisaat TesRRisiaA, F\iR&A99 MaRags,. ami
atABr 'NR91~' aSFRiRistFati'18 J)9sitisR 9R1pl~Y9QG WR9 8FQ Ret awtReR2Bd sitAer ta Ra'.~
J;Jl=lysleaJ aGsess fa tRB aiFSiae at aAY aiFP9Ft t9FmiRaI bwilaiRi er Ie aAY ether aiFJisFl
raltRsteEl area.
(Ii) $81l1rllo;' All pgaitieAs.
(lii)(iii) C8l.1Aty &&aU Par.aARe. aAIi CeRtRe',..,. vtltJ:l .\ev.s. IQ aRY S8ewFlty
System: .\11 iRai\'iElyats '::AS Rave aSS8SB ta plaRs. SIWSPfiRts af atAar feGQFGts fEliaraiRg
tRB spssifias af aAY existing Sf prap9SBS S96wFity system.
(i\')(i'i ~DIS: Diraetar at iwilslRg Re'/IBVl aRS PSFFRiltiRfj.
(\,)(>,) Faellltl.. MaFla,8...eRtI All pasitisRB BUs8pt FioGal TSSRRi.iaA aRe SSPQS8
WIila<.
(\'i)~'i) Risk II.Rai.IR.Rt: ~~aRagsr at QSGWpatisRal Maaltf::1 8. iats'tj'; Safety IiRiiReer.
(vii)("ii) ~I..t UaRal.lRenl: Qirestar; iwpsp:is9r at ~set UaiRtBRaASe;
SupSMssr 8f Flsst OperatiaAS.
(':iii) IAteFIRathlR T.ahna.aIYI M&AaiSr at ~Jal1vQFk OJlSraliSAS; Sesl.Irit)'
i^.QAliRistr&tsr; MaRaisr 9f Telo99ff1FRWRisatisAS; T-elsGafflFRWRisatisRs .^Ralyst.
(j~ M.A..fRant aAeI 8w".atJ MSRagSFRSRt an" iWSjst gif6st9~
(x} ~aWA&v MaRalaF". Offila8: CSl:IAlj' MaRaiS'; gap..\, CswAly MaRBSer; ixeGl.Iti':e
.l\8sistaRt Ie tAB eeuAI)' MaRaiSf. PSSistaAt t9 tAe CeuRt)' MaRagar, aRB &x.sGl:lItive
Sesretal)'.
(xi) ~.ra Di.k'hlta: !riFe Chief; .^ GoislsRt Firs Chiet 9f Isle sf CapFi; biewtaRsAt,
Firefighter; ABFRinislrati"s S:ssretBFj'.
(xji)~ii)
i"'.Ft8RRY Maille.. SaFYIII..' All PSSitiSR6.
Page 3.2f. 6
(Ki':l(lllii)
1i"'8.aR8Y Main.g8IRenll 1.11 pesitiSA8.
{ . ~ Plea. R8C11FMU8AI PaFk Rangel) SeRial PaR< RaRger; !'arlt Ransar
KJ'J .r
SwperdS9F. IiIsasR ana l.\'ater gYp8RRteR~aRt; prejest Managsr; SeRial Prejeet
MaA8gsr
(lo\'}(ll\')
'II...., De,l.ARlen'. :\11 p9sitians.
(If'll) 1=....n.'uIFtatlaR: TFaffie QpeFatlsRB iinginseriA{I TS9RRisiaA; "f.Fatfie O,eFalisR6
DireatsF; TAlIfis Opl1ratiQRB PFGjest MaA8g9r; Trame OpeFatisRB Flela SwpBR:ie9F; TFalfis
OpeFatieAB Sanial Fiala Swp9~:iBar; TFatfia OI3SratieRB SigAal TesRRieian; Traltie
OpaF8tiGRB Signal iystaFR ~la~'rJerl, inginasr; TFalis OpsratieR& MaiRten8RSB
SpsGialist; geRier GIS .~Ralyst; aREI TFaAspartaYan ~epaRfRaRt'B :\EJwatiEiB Se6tisR:
Cre':: leaser, geRial Cre',v b.9a961FG, IiqwipmsRt OperatsF, Sr. iqlJipFRsAt Opaf8tar.
HS6\l &EtWipfRBAt QpsFater, &REI V8istatian MaR8i8FR8Rt Ewp8l\'is9r.
~Addltlonal PoalUona: -Each additional position or classification added to this
subsection lrom time-to-time by Resolution(s) 01 the Board.
(1))(2) Aoolicants: Each individual who submits an application to Collier County to be
considered for employment iA aRY at tRe lists9 p9sitiaA8 at 9~JaIQYFA8Rt shall be
fingerprinted, and those fingerprints shall be submitted 10 the Florida Department of Law
Enforcement (for a state criminal history records check) and also to the Federal Bureau
of Investigation for a national criminal history records check. The information obtained
from each respective criminal history record will be used to determine the applicanfs
eligibility for employment (or continued employment) to the respective position. or, If
then employed, continued employment In any position that is required to successfully
pass the respaclive criminal history record checks.
re: The II
rintin h II b cond te b the Collier ount Facilities
Deoartment. All emolovees shall be re-finDerorinted everY five vears.
~ Other positions of employment (or appointment) deemed by the Board of County
Commissioners to be critical to security or to public safety can be added to this
Ordinance by Resolution(s) adopted from time-to-time by the Board.
~ill Contracts can mandate that each such position deemed to be critical to security
or public safety shall undergo these criminal history records checks, and information
obtained from, or as a result of. any such records check can be the sole basis to place
Page 4.2f.6
limitations on the places (locations) where such individuals shall be denied all physical
access at all times.
(el(ID This Ordinance shall be liberally construed. This Ordinance does not affect any
law, any other ordinance, or any rule or regulation related to criminal history records
checks except that pursuant to Section 125.5601 and subsection 112.011 (2)(c), Florici;l
Statutes, each individual applying for County employment (or who is then employed by
the County) in a position that is then deemed by this Ordinance (or resolution edopted
by the Board under this Ordinance) to be critical to security or to public safety, is not
protected by Section 112.011, Florida Slafutes, and, therefore, such individuai can be
denied employment (or if then already employed, the employment can be terminated) If
that individual has been or is convicted of any felony or any misdemeanor of the first
degree, whether or not the conviction is related to that employment.
SECTION TWO: CONFUCT AND SEVERABILITY.
In the event this Ordinance conflicts with any other Ordinance of Collier County or other
applicable law, the more restrictive shall apply. If any phrase or portion of this
Ordinance is held invalid or unconstitutional by any court of competent jurisdiction, such
portion shall be deemed a separate, distinct and indepandent provision and such
holding shall not affect the validity of the remaining portions.
SECTION THREE: INCLUSION IN THE CODE OF LAWS AND ORDINANCES.
This Ordinance Shall be made a part of the Code of Laws and -Ordinances of Collier
County, Florida, as -Section 2-66. as amended. of that Code. The sections of the
Ordinance may be renumbered or relettered to accomplish that resuU, and tha word
"Ordinance" may be changed to "Section; "Article" or any other appropriate word.
SECTION FOUR: EFFECTIVE DATE.
This Ordinance shall be effective upon filing with the Florida Department 01 State.
fm.5.2f.6
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
County,Florida,this 2.3l>Jdayof DCTOBF-l< 2ooZ.
ATTEST: BOARD OF COUNTY COMMISSIONERS
Dwight E. Brock, Clerk COLLIER COUNTY, FLORIDA
~1t::7'-Il~
S1Qnat.., on!.
Approved as to form and
legal sufficiency:
By: c~te& j~LJr
Assistant County Attomey
~6.2f.6
This ordinonce fded with the
Secretory of State's Office the
'2-qi"\ doy of Cl<Job.t.v , 2<>0,
ond acknowledgement 01 thot
lili.ng received this ~ day
of~0
By Deputy c~
STATE OF FLORIDA)
COUNTY OF COLLIER)
I, DWIGHT E. BROCK, Clerk of Courts in and for the
Twentieth Judicial Circuit, Collier County, Florida, do
hereby certify that the foregoing is a true and correct
copy of:
ORDINANCE 2007-66
Which was adopted by the Board of County Commissioners
on the 23rd day of October, 2007, during Regular Session.
WITNESS my hand and the official seal of the Board of
County Commissioners of Collier County, Florida, this 26th
day of October, 2007.
DWIGHT E. BROCK
Clerk of Courts and Clerk
Ex-officio to Bc;.a,~R8~.
County Commlss~~heTS /0
"
By: Martha
Deputy