HomeMy WebLinkAboutAgenda Item Summary FormAGENDA ITEM SUMMARY FORM
Second Reading
File ID: #14828
Date: 10/05/2023
Commission Meeting Date: 01/11/2024
Type: Ordinance
Subject: Amend Code - Chapter 40 -
Criminal History Record Check
Requesting Department: Department of
Fire -Rescue
Sponsored By:
District Impacted: All
PURPOSE OF ITEM:
An ordinance to amend Chapter 40 of the Code of the City of Miami, providing
authorization for state and national criminal history record checks to be conducted by
FDLE and the FBI for all persons applying for, or continuing employment or appointment
in the City for the position of Firefighter.
BACKGROUND INFORMATION:
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. 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.
Because it is critical to public safety for the City to continue criminal background
screenings of prospective firefighters, an amendment to Chapter 40 of the Code of the
City of Miami is necessary.
Budget Impact Analysis
Item is NOT Related to Revenue
Item is NOT funded by Bonds
Total Fiscal Impact:
N/A
City Commission
Department of Fire -Rescue
Department of Fire -Rescue
Department of Fire -Rescue
Office of Management and Budget
Office of Management and Budget
City Manager's Office
Legislative Division
Todd B. Hannon
Ty McGann
Johnny Duran
Eloy Garcia
Pedro Lacret
Marie Gouin
Arthur Noriega V
Valentin J Alvarez
Reviewed B
Meeting
Fire Department Review
Fire Budget Review
Fire Chief Review
Budget Analyst Review
Budget Review
City Manager Review
Legislative Division Review
Completed 11/16/2023 9:00 AM
Completed 11/17/2023 1:20 PM
Completed 11/18/2023 8:14 AM
Completed 11/19/2023 4:22 PM
Completed 11/20/2023 6:38 AM
Completed 11/21/2023 9:51 AM
Completed 11/21/2023 9:53 AM
Completed 11/21/2023 2:28 PM
City of Miami File ID: 14828 (Revision:) Printed On: 1/29/2024
Office of the City Attorney Victoria Mendez Approved Form and Correctness Completed 11/27/2023 9:36 AM
City Commission Nicole Ewan Meeting Completed 12/14/2023 9:00 AM
City Commission Nicole Ewan Meeting Completed 01/11/2024 9:00 AM
Office of the Mayor Mayor's Office Unsigned by the Mayor Completed 01/17/2024 9:26 AM
Office of the City Clerk City Clerk's Office Signed and Attested by the City Clerk Completed 01/17/2024 9:31 AM
Office of the City Clerk City Clerk's Office Rendered Completed 01/22/2024 9:50 AM
City of Miami File ID: 14828 (Revision:) Printed On: 1/29/2024
City of Miami
Legislation
Ordinance
Enactment Number:14248
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
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;
City of Miami File ID: 14828 (Revision:) Printed On: 1/29/2024
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
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
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 File ID: 14828 (Revision:) Printed On: 1/29/2024
APPROVED AS TO FORM AND CORRECTNESS:
ndez, ity Httor 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 File ID: 14828 (Revision:) Printed On: 1/29/2024