HomeMy WebLinkAboutO-14248City of Miami
Ordinance 14248
Legislation
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: 14828 Final Action Date: 1/11/2024
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER
40/ARTICLE I, SECTION 40-1 OF THE CODE OF THE CITY OF MIAMI,
FLORIDA, AS AMENDED, TITLED "PERSONNEL/IN
GENERAL/REGISTRATION AND FINGERPRINTING — GENERALLY," BY
CREATING NEW SUBSECTION 40-1(E) PROVIDING AUTHORIZATION FOR
STATE AND NATIONAL CRIMINAL HISTORY RECORD CHECKS TO BE
CONDUCTED BY THE FLORIDA DEPARTMENT OF LAW ENFORCEMENT
AND THE FEDERAL BUREAU OF INVESTIGATIONS FOR ALL PERSONS
APPLYING FOR, OR CONTINUING EMPLOYMENT OR APPOINTMENT IN
THE CITY OF MIAMI FOR THE POSITION OF FIREFIGHTER PURSUANT TO
SECTION 166.0442, FLORIDA STATUTES; CONTAINING A SEVERABILITY
CLAUSE; PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE.
WHEREAS, it is common practice, appropriate, and proper to require criminal
background checks for prospective City of Miami ("City") employees; and
WHEREAS, the City currently conducts background checks for incoming firefighters
through the Florida Department of Law Enforcement's ("FDLE") Civil Workflow Control System
("CWCS"), which enables the City to conduct fingerprint -based state and national criminal
history background checks pursuant to Section 633.412, Florida Statutes; and
WHEREAS, the Federal Bureau of Investigations ("FBI") has advised FDLE that the City
will no longer be authorized to submit applicants for screening under the authority of Section
633.432, Florida Statutes, absent of a legislative directive adopted by the City's governing body;
and
WHEREAS, the City desires to continue conducting criminal background screening of
prospective firefighters; and
WHEREAS, Section 166.0442, Florida Statutes, permits the City to conduct a criminal
background screening of prospective employees when such screening is critical to security or
public safety; and
WHEREAS, Section 166.0442, Florida Statutes, requires that criminal history record
checks include fingerprinting the applicable individuals, and having the individuals' fingerprints
submitted to FLDE for a state criminal history record check which are then forwarded by FDLE
to the FBI for a national criminal history record check; and
WHEREAS, it is critical to public safety for the City to continue criminal background
screenings of prospective firefighters; and
City of Miami Page 1 of 3 File ID: 14828 (Revision:) Printed On: 1/29/2024
File ID: 14828 Enactment Number: 14248
WHEREAS, the City Commission has determined it is in the best interests of the City
and serves a valid public purpose to require a state and national criminal history screening prior
to employment as a firefighter with the City;
NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF
MIAMI, FLORIDA:
Section 1. The recitals and findings contained in the Preamble to this Ordinance are
adopted by reference and incorporated as if fully set forth in this Section.
Section 2. Chapter 40, Article I, Section 40-1 of the Code of the City of Miami, Florida,
as amended, is amended in the following particulars:1
"CHAPTER 40"
PERSONNEL
ARTICLE 1. — IN GENERAL
Sec. 40-1. Registration and fingerprinting — Generally.
(e) Pursuant to Section 166.0442, Florida Statutes, as amended, state and national
criminal history record checks shall be required for all firefighter applicants for the
city.
(1) All prospective firefighter applicants shall be required to authorize the city to
conduct all appropriate background screening procedures as a condition of
employment with the city, including but not limited to obtaining fingerprints.
(2) Fingerprints obtained pursuant to this section shall be submitted to Florida
Department of Law Enforcement for state criminal history record check and to the
Federal Bureau of Investigations for a national criminal history record check, or in
accordance with policies and procedures promulgated by the Florida Department
of Law Enforcement and the Federal Bureau of Investigations.
(3) The information obtained for each criminal history record check conducted
under this section shall be used to determine an applicant's eligibility for
employment in the city.
(4) This section is not intended to preempt or prevent any other background
screening, including but not limited to, criminal background checks that the city
may lawfully undertake.
*11
1 Words and/or figures stricken through shall be deleted. Underscored words and/or figures shall be
added. The remaining provisions are now in effect and remain unchanged. Asterisks indicate omitted and
unchanged material.
City of Miami Page 2 of 3 File ID: 14828 (Revision:) Printed on: 1/29/2024
File ID: 14828 Enactment Number: 14248
Section 3. If any section, part of a section, paragraph, clause, phrase, or word of this
Ordinance is declared invalid, the remaining provisions of this Ordinance shall not be affected.
Section 4. This Ordinance shall become effective immediately after final reading and
adoption thereof.2
APPROVED AS TO FORM AND CORRECTNESS:
ndez, City tor
ey 11/27/2023
2 This Ordinance shall become effective as specified herein unless vetoed by the Mayor within ten (10)
days from the date it was passed and adopted. If the Mayor vetoes this Ordinance, it shall become
effective immediately upon override of the veto by the City Commission or upon the effective date stated
herein, whichever is later.
City of Miami Page 3 of 3 File ID: 14828 (Revision:) Printed on: 1/29/2024