Exhibit_B_-_25-8398.pdf

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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 astate 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

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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 266 of the Collier County Code of Laws and Ordinances in Article III of

Chapter 2 Is hereby amended erealaQ to read as follows

Sec 266 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 aaliles 19 tRia OreiRaRse 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 Celller CeWRly iRslwaiAiJ tAe Cellier CewAly iFP9Ft wtRQFity REI ttJe Callier

CewRty ater Eeer blislrist

1llPosition 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 hisher 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 fm2lL6 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

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Ii 81l1rllo All pgaitieAs lii iii C8l1Aty aU Par aARe aAIi CeRtRe vtltJl ev s IQ aRY S8ewFlty

System 11 iRaiiElyats 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

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Plea R8C11FMU8AI PaFk Rangel SeRial PaR RaRger arlt RansarKJJ r

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Addltlonal PoalUona Each additional position or classification added to this subsection lrom timeto 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 42f6 limitations on the places locations where such individuals shall be denied all physical access at all times elID 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 Floricil

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 fm52f6

PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier

County Florida this 23lJdayof DCTOBFl 2ooZ

ATTEST BOARDOF COUNTY COMMISSIONERS

Dwight E Brock Clerk COLLIER COUNTY FLORIDA

1t7Il S1Qnaton

Approved as to form and legal sufficiency

By c te j LJr Assistant County Attomey

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This ordinonce fded with the

Secretory of State s Office the 2 qidoy of Cl Jobtv 20 ond acknowledgement 01 thot lili ng received this day of 0By

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 Bca R8 County Commlss heTS 0

By Martha

Deputy