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BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: 4/21/10-Key West Bulk Item: Yes No x Division: BOCC Department: DISTRICT FIVE Staff Contact Person/Phone #: Donna Hanson — 305-453-8787 AGENDA ITEM WORDING: Approval of a resolution by the Monroe County BOCC urging its Florida delegation to support initiatives in order to preserve our national and state roles in space. ITEM BACKGROUND: See attached request and resolution from Brevard County, Florida. PREVIOUS RELEVANT BOCC ACTION: CONTRACT/AGREEMENT CHANGES: STAFF RECOMMENDATIONS: TOTAL COST: N/A BUDGETED: Yes No COST TO COUNTY: SOURCE OF FUNDS: REVENUE PRODUCING: Yes No AMOUNT PER MONTH Year &} I APPROVED BY: County Atty x I. OMB/Purchasing Risk Management DOCUMENTATION: DISPOSITION: Revised 11/06 Included x Not Required AGENDA ITEM # RESOLUTION NO. -2010 A RESOLUTION BY THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS URGING ITS FLORIDA LEGISLATIVE DELEGATION TO SUPPORT INITIATIVES IN ORDER TO PRESERVE OUR NATIONAL AND STATE ROLES IN SPACE; AND DIRECTING THE CLERK TO FORWARD SAID RESOLUTION TO THE SENATE PRESIDENT, HOUSE SPEAKER, AND THE MONROE COUNTY LEGISLATIVE DELEGATION. WHEREAS, this is a defining moment in our country's history — a time for a genuine commitment to remain a LEADER in space through a bold declaration of a defined purpose, identified destination, and a clear timeframe; and WHEREAS, the ability to adequately guarantee the defense of this nation has in the past relied upon having the best Army, Navy, and Air Force, and the future clearly dictates that absolutely necessity of being in control of Space, or otherwise ceding our destiny and that of our children, to nations like Russia and China; and WHEREAS, prior achievements in space exploration have pushed and continue to push the envelope in new innovations, new products, and new industries that secure our place as a county in a global, knowledge -based economy, and WHEREAS, without continued development, the knowledge and expertise acquired through our space program to date will stagnate; and WHEREAS, dependence upon a foreign nation such as Russia for transport of American astronauts and payloads is neither reliable nor economical nor politically astute; and WHEREAS, the State of Florida has played a key role in our national space program from its inception as the premier launch site with a $4.1 billion statewide economic output in 2008 alone, including generation of $103 million in state and local taxes; and WHEREAS, 100,000 jobs in the State of Florida, in all 67 counties, have been associated with the presence of the space program, making it one of the larger employers in the state; and WHEREAS, the State of Florida is privileged to share the experience of the space program with thousand of visitors, and these visitors contribute $90 million annually to the economy when they visit the "Sunshine State". NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, Section 1. The Monroe County Board of County Commissioners does hereby request the Florida Legislative Delegation on behalf of all Floridians to actively and aggressively seek legislative support in order to enhance our national and state roles in the Space Program by obtaining: • Assurance that the United States remains the leader in space with a strong declaration by the state and federal governments, including NASA, of a goal, destination, and time frame for human space flight; Assurance that the United States is the primary provider for U.S. human space flight to the International Space Station and our national laboratory, with Russia in a secondary — not primary — role through the continuous ability to launch American astronauts and payloads on U.S.-built heavy -lift vehicles, which includes the extension of Space Shuttle flights until new vehicles are ready to fly; Assurance that the United States remains competitive on an international as an economic superpower, leading the world in research and technology that improves life for all mankind, by creating an environment that encourages research and development and ensures the full utilization of our national laboratory aboard the International Space Station; Assurance that the United States remains the leader in space exploration with the commitment to fund construction of Florida's 21 st century launch facilities, and the ability to secure partnerships with low earth orbit commercial operations by providing the necessary funds to provide responsive and supportive functions; Assurance that the future workforce of the United States remains competitive in a global market, by providing support for world -class STEM (Science, Technology, Engineering, Math) education for primary, secondary, and post -secondary students. Section 2. The Clerk is hereby directed to forward copies of this resolution to Senate President Jeff Atwater, House Speaker Larry Cretul, Representative Ron Saunders, and Senator Larcenia Bullard. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida at a regular meeting held on the day of , 2010. Mayor Sylvia Murphy Mayor Pro Tern Heather Carruthers Commissioner Mario Di Gennaro Commissioner George Neugent Commissioner Kim Wigington (SEAL) ATTEST: DANNY L. KOLHAGE, CLERK By: Deputy Clerk BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA IM Mayor Sylvia Murphy MONROE COUNTY ATTORNEY APP OVED AS TO FORA: C`tN ASSISTA T COUNTY ATTORNEYDate. ±Z W '`_------- 2 BREVAR BOARD OF COUNTY COMMISSIONERS ROBIN L FISHER, Commissioner, DIsWot 1 400 South Street, First Floor, Ste.1•A Titusville, FLS2780-7698 E-mail: robin.fisher0brevarclaountyus March 11, 2010 The Honorable Sylvia J. Murphy Monroe County, Florida 102050 Overseas Highway, Suite 234 Key Largo, FL 33037 RE: Space Program Resolution Dear Chairwoman Murphy: FLORIDA'S SPACE COAST Telephone: (321) 264-6750 Fags: (321) 264-6751 Your help is urgently needed to ensure that the united States remains a LEADER in space technology and exploration, and that Florida continues to be the lastAmerican soil that our astronauts touch before launching into space. Today is a crucial point in time as our nation is poised to make decisions that will affect how our state's history is written. With over 100,000 workers in all 67 counties engaged in space related industries, and a statewide economic impact of $20 Billion, the space program has a major impact on our state. On March 9, 2010, the Brevard County Board of County Commissioners approved a resolution urging our Florida Legislative Delegation to support initiatives that would preserve our nation and our state's roles in space. We invite your Commission to join us with the passage of a Monroe County resolution to be sent to your Florida Legislative Delegation as we seek to safeguard Florida's continuance as an essential component of our nation's space program, On behalf of the Brevard County Commission I would like to thank you for your consideration of this request. Yours truly, obi rVishe r Vice Chairman Brevard County enc: Brevard County Resolution 10-041 cc: The Honorable Chuck Nelson, District 2, Brevard County The Honorable Trudie infantini, District 3, Brevard County The Honorable Mary Bolin, District 4, Brevard County The Honorable Andy Anderson, District 5, Brevard County PRINTED ON RECYCLED PAPER Resolution 10-041 WHEREAS, this is a defining moment in our country's history - a time for a genuine commitment to remain a LEADER in space through a bold declaration of a defined purpose, identified destination, and a clear timeframe; and WHEREAS, the ability to adequately guarantee the defense of this nation has in the past relied upon having the best Army, Navy, and Air Force; the future clearly dictates the absolute necessity of being in control of Space, or otherwise ceding our destiny and that of our children, to nations like Russia and China; and WHEREAS, the importance of the United States remaining a LEADER in space transcends national pride in prior achievements to a call for space exploration that pushes the envelope in new innovations, new products, and new industries that will secure our place as an economic superpower in this global, borderless, and knowledge -based economy; and WHEREAS, dependence upon a foreign nation such as Russia for transport of American astronauts and payloads is neither reliable, economical, nor politically astute; and WHEREAS, the state of Florida has played a key role in our national space program from its inception as the premier launch site with a $4.1 billion state-wide economic output in 2008 alone, including $103 million in state and local taxes; and a $43.9 billion statewide aerospace federal, state and industry economic impact; and WHEREAS, the state of Florida has enthusiastically embraced and demonstrated its commitment to the space program's continued presence in Florida with a total $S billion investment in infrastructure and a current Governor's budget which proposes $32.6 million for space; and WHEREAS, 100,000 jobs statewide in all 67 counties have been associated with the presence of the space program in the state of Florida making it one of the larger employers in the state; and WHEREAS, the state of Florida is privileged to share the experience of space exploration and technology with thousands of visitors who contribute $90 million annually to the economy when they visit the "Sunshine State" to experience the pride and excitement of participation in this vital aspect of our nation's space program. NOW, THEREFORE, BE IT RESOLVED THAT THE BOARD OF COUNTY COMMISSIONERS OF BREVARD COUNTY, FLORIDA, does hereby request that the Florida Legislative Delegation on behalf of all Floridians does actively and aggressively seek legislative support for: Assurance that the United States remains the LEAq If i jMace with a strong declaration by the Administration of a goal, a destination, and a time frame for Human Spaceflight Assurance that the United States is the primary provider fort!. S. human spaceflight to the International Space Station and our national laboratory, with Russia in a secondary - not primary - role through the continuous ability to launch American astronauts and payloads on U.S.- built heavy- lift vehicles, which includes the extension of Space Shuttle flights until new vehicles are ready to fly Assurance that the United States remains competitive on the international level as an economic superpower, leading the world in research and technology that improves life for all mankind by creating an environment that encourages Research and Development and ensures the full utilization of our national laboratory aboard the International Space Station Assurance that the United States ensures its national security by retaining its military superiority, which reaches to the farthest corners of the universe and depends in part upon the support of satellites through the continuous use of U.S.-built vehicles without reliance upon foreign countries • Assurance that the United States remains the leader in space exploration with the commitment to fund construction of Florida's 215t century launch facilities, and the ability to secure partnerships with low earth orbit commercial operations by providing the necessary funds to provide responsive and supportive functions + Assurancethat the future workforce of the United States remains competitive in a global market, by providing support for world -class STEM (Science, Technology, Engineering, Math) education for primary, secondary, and post -secondary students DONE, ORDERED AND ADOPTED, in regular session, this 9th day of March, A.D., F 2010 ANTE A Scott Ellis, Cleric Mary Bolin, Chairman As approved by the Board 3/9/10 STATE OF FLOgj1 ;A COUNTY OF BREVARD This Is to certify that 010 goi 'S true arld current copy of �� ,. _. of es8 my hand *40 cial e I this SCOTT ELLIS rk tJlrow� Cauri BY D C. BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: 4/21/10-Key West Bulk Item: Yes No x Division: BOCC Department: DISTRICT FIVE Staff Contact Person/Phone #: Donna Hanson — 305-453-8787 AGENDA ITEM WORDING: Approval of Mayor Murphy's reappointment of Gregg Talbert to the South Florida Workforce Investment Board; term to expire on 4/21/2012. ITEM BACKGROUND: Mr. Talbert's two year appointment expired on 3/19/2010. See appointment sheet attached. PREVIOUS RELEVANT BOCC ACTION: CONTRACT/AGREEMENT CHANGES: STAFF RECOMMENDATIONS: TOTAL COST: N/A BUDGETED: Yes No COST TO COUNTY: SOURCE OF FUNDS: REVENUE PRODUCING: Yes No AMOUNT PER MONTH Year APPROVED BY: County Atty OMB/Purchasing Risk Management DOCUMENTATION: Included x Not Required DISPOSITION: AGENDA ITEM # Revised 11 /06 Monroe County Boards and Committees Appointment Information Board or Committee: South Florida Workforce Investment Board (Private Sector) Commissioner Appointing Member: Mayor Sylvia J. Murphy, District Five Name of Member: Grecici Talbert Address: 506 Fleming Street Key West, FL 33040 Mailing Address: (if different from above) Phone Numbers: Home: 305- _ Work: 305- 294-5221 Fax: 305- 296-2464 Email: a.talbert(Waustos.com Date of Appointment: Reappointment: Date Term Expires: Name of Person Being Replaced: Original appt. 3/15/06 Yes on 4/21/2010 April 21, 2012 na _ Fulfilling Term of: n/a BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: Wed. A1ri121, 2010 Bulk Item: Yes No XX Division: BOCC Department: Comm_ Di Gennaro, District 4 Staff Contact Person: Tamara Lundstrom (305 299-6000) AGENDA ITEM WORDING: Discussion to adopt policy to support the Shannon Melendi Act in Monroe County; and direction to staff to bring this issue before the Parks and Recreation Advisory Board for their recommendation. ITEM BACKGROUND: In 2007, Miami -Dade County adopted Ord. 408-07, (amending previous ordinance), in recognition of the Shannon Melendi Act first adopted in 2005, requiring full background screening, identification, and record keeping of all parks and recreation maintenance staff working at County parks, to include coaches, support volunteers, etc. that work or would otherwise be in contact with children at County park facilities. Rep. 11cana Ros-Lehtinen has provided her letter of support of this protective local legislation for our children in Monroe County. PREVIOUS RELEVANT BOCC ACTION: CONTRACT/AGREEMENT CHANGES: STAFF RECOMMENDATIONS: TOTAL COST: COST TO COUNTY: BUDGETED: Yes No SOURCE OF FUNDS: REVENUE PRODUCING: Yes No AMOUNT PER MONTH Year APPROVED BY: County Atty OMB/Purchasing Risk Management DOCUMENTATION: Included XX Not Required DISPOSITION: Revised 2!05 AGENDA ITEM # RANKING MEMBER: COMMITTEE ON FOREIGN AFFAIRS http://ioreignaffairs.house.gov/minority/republ icans,him www.twitter.com/irl www.yautube.com/ileanarosIehtinen Congregg of the Uniteb 6tateg gouge of Aeprezentatibeg I LEANA ROS-LEHTI NEN 18TH DISTRICT, FLORIDA March 23, 2010 The Honorable Mario Di Gennaro Commisioner Monroe County 9400 Overseas Hwy, Ste. 210 Marathon, FL 33050 Dear Commisio i T."'..: PLEASE RESPOND TO: 2470 RAYBURN HOUSE OFFICE BUILDING WASHINGTON, DC 20515-0918 1202)225-3931 FAX: (202) 225-5620 http:�/www.house.gov/ros-lehtinen DISTRICT OFFICE: 4960 SW 72 AVENUE ❑ SUITE 208 MIAMI, FL 33155 (3051668-2285 FAX: (305) 668-5970 ❑ MONROE COUNTY: (305) 304-7789 ❑ MIAMI BEACH AREAS: (305) 934-9441 RECEIVED MAR 26 2010 Luis and Yvonne Melendi, constituents of my congressional district, have contacted my office regarding their desire to see the Shannon Melendi Act adopted by Monroe County. You may know Luis and Yvonne from their many activities in Monroe County; the couple is very active and value living in the Keys and strive to make it a safer place. The legislation the Melendi's are proposing, the Shannon Melendi Act, requires that all coaches, umpires and volunteers who will have direct contact with children show proof of official statewide background checks. As well, these individuals will be required to wear picture identification at all times while on County property. Miami -Dade County has already adopted the Shannon Melendi Act and it now applies to all of County parks. Shannon was a gifted and young college sophomore from Miami. Shannon disappeared without a trace on March 26, 1994 while working a part time job at a softball field while she was a student at Emory University in Atlanta. Shannon Melendi's kidnapper, rapist, and murderer was Calvin "Butch" C. Hinton, III who was found guilty of murdering the South Florida teen in 2005 and is currently in jail. He was a co-worker and umpire she knew through her part-time job. "Butch" was already a convicted sexual predator with a three - time record of kidnapping, assault and rape before committing the same atrocious crimes against Shannon. Shannon's parents, Luis and Yvonne are still active today in efforts to protect children by strengthening our laws as well as protecting and educating youth about violence and predators. Unfortunately many predators are roaming the streets today, still preying on the most innocent of victims. The Shannon Melendi Act will help ensure that these dangerous criminals are not stalking our children on Countv property disguised as legitimate volunteers and staff. In accordance with all applicable rules and regulations I encourage you to honor and remember Shannon Melendi by championing the cause of protecting our youth. JRoSinc, s-Lehtinen Member of Congress IRL:jhs CC: Luis and Yvonne Melendi 828 Narragansett Lane Key Largo, FL 33037 Father: Background check, ID should be law Page 1 of 2 Published on KeysNews.com (http://keysnews.com_) Father: Background check, ID should be law Wednesday, March 17, 2010 BY STEVE GIBBS Free Press Staff sgibbs@keysnews.com KEY LARGO -- Luis Melendi says background checks for county park employees shouldn't be just policy, it should be the law. On March 26, 1994, convicted sex offender Butch Hinton was hired as a part-time park employee in a Georgia town where he abducted, raped and killed Melendi's oldest daughter, Shannon, an Emory University student. Her father has been on a mission ever since. "Nothing can bring back Shannon," said Melendi, a Key Largo resident and business owner. "But I can help make governments aware of the need for a requirement to thoroughly screen the backgrounds of all new park employees. Miami -Dade County adopted the Shannon Melendi Act that mandates that screening." Melendi, with the help of U.S. Rep. Ileana Ros-Lehtinen, persuaded Miami -Dade County Commissioner Javier Soto to introduce the ordinance, which subjects park personnel and volunteers to background checks and requires them to wear picture identification at all times while on county property. Melendi says his effort last year to introduce such an ordinance in Monroe County was met with reluctance. "A Dade commissioner took the ball and ran. Sylvia [Murphy] -- she's my commissioner here -- she didn't do anything," Melendi said. Melendi said he was told that background checks are county policy, but he says that's not good enough. Monroe County Commissioner George Neugent said he would like to learn more about Meiendi's proposal. "An ordinance is the strongest law we can pass," he said. "I wouldn't have a problem passing an ordinance that could protect our citizens." Commissioner Kim Wigington said she spoke with Melendi while campaigning and remembers his daughter's story. http://keysnews.com/print/21677 3/29/2010 Father: Background check, ID should be law Page 2 of 2 "You can't be too careful when you're dealing with people's safety, especially in public places such as county parks," she said. sgibbs@keysnews.com Share your thoughts and opinions related to this posting. Login or register to post comments. More Info Home I About us I Subscribe I Advertise I Visitor Information I Contact Us I Employment Opportunities I Site Plan_ Source URL: httR.jtKe snews.cominode121677 http://keysnews.com/print/21677 3/29/2010 Amended Approved -Mayor Agenda Item No. 7(B) Veto 01-10-08 Override ORDIDANCE NO. 08-07 ORDINANCE PERTAINING TO CHAPTER 26 OF THE CODE OF MIAMI-DADE COUNTY ENTITLED "PARK AND RECREATION DEPARTMENT RULES AND REGULATIONS"; DELETING SECTION 26-33; CREATING ARTICLE III TO REQUIRE CRIMINAL BACKGROUND CHECKS FOR ALL PERSONS WORKING OR VOLUNTEERING ON COUNTY PARK PROPERTY; PROHIBITING SEXUAL OFFENDERS, SEXUAL PREDATORS, CERTAIN VIOLENT FELONS, AND CERTAIN CONTROLLED SUBSTANCE TRAFFICKERS AND NON- LEGAL IMMIGRANTS FROM WORKING OR VOLUNTEERING ON PARK PROPERTY OWNED OR OPERATED BY MIAMI-DADE COUNTY; PROVIDING AUTHORITY FOR ENFORCEMENT BY CIVIL PENALTY; PROVIDING SEVERABILITY, INCLUSION IN THE CODE, AND AN EFFECTIVE DATE WHEREAS, this Board is concerned about the security and safety of children visiting Miami -Dade County parks; and WHEREAS, there is a strong likelihood that children visiting County -owned or operated parks will come into direct contact with persons working or volunteering on County -owned or operated parks; and WHEREAS, the County currently requires criminal background checks only of staff members and volunteers of fairs, carnivals, and Programming Partners operating on County - owned or operated park property; and WHEREAS, requiring criminal background checks of most persons working or volunteering on County -owned or operated park property would reduce the incidence of direct contact between children and sexual predators or violent felons, NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA: T Amended Agenda Item No. 7(B) Page No. 2 Section 1. Section 26-33 of the Code of Miami -Dade County (the "Code") is hereby deleted in its entirety:' - - - ■ _ •. _ old 1. ■_ RAP Ma Words stricken through and/or f [double bracketed]] shall be deleted. Words underscored andior >>double arrowed<< constitute the amendment proposed. Remaining provisions are now in effect and remain unchanged. Amended Agenda Item No. 7(B) Page No. 3 Section 2. Article III of Chapter 26 of the Code is hereby created as follows: Chapter 26 PARK AND RECREATION DEPARTMENT RULES AND REGULATIONS ARTICLE III. THE SHANNON MELENDI ACT See.26-37. Definitions. As used in this article the following terms shall have the following meanings: A. Community -based Organization (CBO) shall refer to any not -for -profit agency, group, organization, society, association, partnership, or individual whose primary purpose is to provide a community service to improve or enhance the well-being of the community of Miami -Dade County at large or to improve or enhance the well- being of certain individuals within this community who have special needs. B. Child Event Worker shall refer to any full- or part-time employee, agent, volunteer, independent contractor, or employee or volunteer of an independent contractor of a carnival or fair that hosts amusement rides in a park owned or operated by Miami - Dade County. The following persons shall be exempted from this definition: (1) Law enforcement personnel; (2) Emergency or fire rescue personnel; (3) Persons conducting deliveries; and (4) Military recruitment personnel. C. Conviction shall refer to a determination of guilt of a criminal charge which is the result of a trial or the entry of a plea of guilty or nolo contendere, regardless of whether adjudication is withheld. D. Park vendor shall refer to any full- or part-time employee, agent, volunteer, independent contractor, or employee or volunteer of an independent contractor that has a contract with, or permit from, Miami -Dade County to rent or sell food, beverages, sporting equipment, or any other goods or services in a park owned or operated by Miami -Dade County. The following persons and events shall be exempted from this definition: (1) Law enforcement personnel; (2) Emergency or fire rescue personnel; (3) Persons conducting deliveries; (4) International or national sporting events; (5) One -day events; and (6) Carnivals, festivals, trade shows, and fairs that do not host amusement rides. Al Amended Agenda Item No. 7(B) Page No. 4 E. Professional Background Screener shall refer to any person, company, organization or agency which, for monetary fees, dues, or on a not -for -profit basis, regularly engages in whole or in part in the practice of researching and assembling criminal history information on specific persons for the purpose of furnishing criminal history reports to third parties. F. Programming Partner shall refer to any Not -For -Profit Program Service Provider that is selected by the Department under Article lI of this chapter and the accompanying Administrative Order to provide programs in County Park and Recreation Facilities. G. Sexual Offender shall include any individual who meets the criteria of a "sexual predator" as defined in Section 775.21(4) of the Florida Statutes, or a "sexual offender" as defined in Section 943.0435 of the Florida Statutes, or who is listed on the National Sex Offender Public Website owned or operated by the United States Department of Justice. N. Violent felony shall refer to the following felonies: arson; sexual battery; robbery; kidnapping; aggravated child abuse; aggravated abuse of an elderly person or disabled adult; aggravated assault with a deadly weapon; murder; manslaughter; aggravated manslaughter of an elderly person or disabled adult; aggravated manslaughter of a child; unlawful throwing, placing, or discharging of a destructive device or bomb; armed burglary; aggravated battery; or aggravated stalking. I. Volunteer shall refer to any individual performing volunteer duties for a CBO, for a Programming Partner, for the Miami -Dade Park and Recreation Department, as a child event worker, or as a park vendor for more than three (3) days in any six (6) month period. Students volunteering in order to fulfill high school graduation requirements shall be exempted from this definition. Sec. 26-38. Background checks Required for Child Event Workers, Park Vendors, and Programming Partner or Community -Based Organization (CBO) Employees and Volunteers. A. Upon adoption of this ordinance, employers of child event workers, employers of park vendors, and Programming Partners and CBOs shall secure a nationwide criminal background check of all existing child event workers, park vendors, employees, and volunteers whose duties require physical presence on park property owned or operated by Miami -Dade County. In addition, prior to employing, or allowing to volunteer, a person whose duties would require physical presence on park property owned or operated by Miami -Dade County, employers of child event workers, employers of park vendors, and Programming Partners and CBOs shall secure a nationwide criminal background check of all such prospective child event workers, park vendors, employees or volunteers. The nationwide criminal background checks shall be conducted by a Professional Background Screener and shall include a report as to whether each child event Amended Agenda Item No. 7(B) Page No. 5 worker, park vendor, staff member or volunteer is listed on the National Sex Offender Public Registry, and a comprehensive report and analysis, obtained from no less than two independent databases/sources, on the nationwide criminal history of such child event worker, park vendor, staff member or volunteer. B. Every three (3) years thereafter, employers of park vendors, and Programming Partners and CBOs shall secure nationwide criminal background checks for existing park vendors, staff members, and volunteers whose duties require physical presence on park property owned or operated by Miami -Dade County. However, employers of child event workers shall secure nationwide criminal background checks for existing child event workers whose duties require physical presence on park property owned or operated by Miami -Dade County every year thereafter. C. Any child event worker, park vendor, or staff member or volunteer of a Programming Partner or CBO who: (1) has been convicted of a violent felony or conspiracy to commit a violent felony within the past five (5) years; or (2) has been convicted of a felony involving the trafficking of a controlled substance within the past (5) years; or (3) has two (2) or more convictions for a violent felony, for conspiracy to commit a violent felony, or involving the trafficking of a controlled substance; or (3) is a sexual offender or a sexual predator; or (4) has failed to provide the employer, Programming Partner or CBO with proof of United States citizenship or legal immigration status in the United States, shall be prohibited from working or volunteering on park property owned or operated by Miami -Dade County. All child event workers, park vendors, and staff members and volunteers of a Programming Partner or CBO shall submit to their employer, to the Programming Partner, or to the CBO an affidavit affirming that no work or volunteer duties will be performed on park property owned or operated by Miami - Dade County in violation of this sub -section and that any arrest will be reported to his/her employer within forty-eight (48) hours of such arrest. D. Employers of child event workers shall maintain copies of the results of the criminal background checks required by this section for a period of two (2) years from the date they were secured, and employers of park vendors, Programming Partners, and CBOs shall maintain such copies for a period of three (3) years from the date they were secured. Employers of child event workers, employers of park vendors, and Programming Partners and CBOs shall maintain the affidavits required by Section 26- 38(C) and the copies of the proof of United States citizenship or legal immigration status until the person is no longer a child event worker, park vendor, staff member, or volunteer. 101 Amended Agenda Item No. 7(B) Page No. 6 Frnployers of child event workers, employers of park vendors, and Programming Partners and CBOs shall, upon request, provide copies of these documents to Miami - Dade County or to any law enforcement personnel with jurisdiction. E. Every child event worker, park vendor, and staff member and volunteer of a Programming Partner or CBO shall wear, in a conspicuous and visible manner, an identification badge that contains his/her photograph and full name while working or volunteering on park property owned or operated by Miami -Dade County, except when in costume and during a performance. The identification badge shall be of a size, design, and format approved by the Miami -Dade Park and Recreation Department. F. Penalties and Enforcement. (1) It shall be unlawful for an employer of child event workers, an employer of park vendors, or a Programming Partner or CBO to knowingly permit or allow any child event worker, park vendor, staff member, or volunteer to work or volunteer on park property owned or operated by Miami -Dade County in violation of Sec. 26-38. (2) It shall be unlawful for any child event worker, park vendor, or staff member or volunteer of a Programming Partner or CBO to work or volunteer on park property owned or operated by Miami -Dade County in violation of Sec. 26-38. (3) Any person who shall violate a provision of Sec. 26-38, or who shall knowingly or willingly provide false or erroneous information to his/her employer, or fail to comply therewith, or with any of the requirements thereof, shall upon conviction thereof in the County Court, be punished by a fine not to exceed five hundred dollars ($500.00) or by imprisonment in the County Jail for not more than sixty (60) days, or by both such fine and imprisonment. (4) Any person who violates or fails to comply with Sec. 26-38 may be subject to civil penalties in accordance with Chapter 8CC of this code. Each day of violation or noncompliance shall constitute a separate offense, Sec. 26-39. Miami -Dade Park and Recreation Department Employees and Volunteers. A. Upon adoption of this ordinance, the Miami -Dade Park and Recreation Department shall secure a nationwide criminal background check of all existing employees and volunteers whose primary duties require physical presence on park property owned or operated by Miami -Dade County. In addition, the Miami -Dade Park and Recreation Department shall secure a nationwide criminal background fingerprint check prior to employing, or allowing to volunteer, a person whose primary duties would require Amended Agenda Item No. 7(B) Page No. 7 physical presence on park property owned or operated by Miami -Dade County. This nationwide criminal background fingerprint check shall be conducted through the Florida Department of Law Enforcement. B. Every three (3) years thereafter, the Miami -Dade Park and Recreation Department shall secure nationwide criminal background checks for existing employees and volunteers whose primary duties require physical presence on park property owned or operated by Miami -Dade County. These nationwide criminal background checks shall be conducted by a Professional Background Screener and shall include a report as to whether each employee or volunteer is located on the National Sex Offender Public Registry, and a comprehensive report and analysis, obtained from two independent databases/sources, on the nationwide criminal history of such employee or volunteer. C. Any employee or volunteer of the Miami -Dade Park and Recreation Department who: (1) has been convicted of a violent felony or conspiracy to commit a violent felony within the past five (5) years; or (2) has been convicted of a felony involving the trafficking of a controlled substance within the past (5) years; or (3) has two (2) or more convictions for a violent felony, for conspiracy to commit a violent felony, or involving the trafficking of a controlled substance; or (4) is a sexual offender or a sexual predator; or (5) has failed to provide the Miami -Dade Park and Recreation Department with proof of United States citizenship or legal immigration status in the United States, shall be prohibited from working or volunteering on park property owned or operated by Miami -Dade County. All employees and volunteers of the Miami -Dade Park and Recreation Department shall submit to the Miami -Dade Park and Recreation Department an affidavit affirming that no work or volunteer duties will be performed on park property owned or operated by Miami -Dade County in violation of this sub- section and that any arrest will be reported to his/her employer within forty-eight (48) hours of such arrest. D. The Miami -Dade Park and Recreation Department shall maintain copies of the results of the criminal background checks required by this section for a period of three (3) years from the date they were secured. The Miami -Dade Park and Recreation Department shall maintain the affidavits required by Section 26-39(C) and shall maintain copies of the proof of United States citizenship or legal immigration status until the person is no longer an employee or volunteer. E. Every employee and volunteer of the Miami -Dade Park and Recreation Department shall wear, in a conspicuous and visible manner, an identification badge that contains his/her photograph and full name while working or volunteering on park property owned or operated by Miami -Dade County, except when in costume and during a ro Amended Agenda Item No. 7(B) Page No. 8 performance. The identification badge shall be of a size, design, and format approved by the Miami -Dade Park and Recreation Department. F. Penalties and Enforcement. (1) It shall be unlawful for any volunteer of the Miami -Dade Park and Recreation Department to volunteer on park property owned or operated by Miami -Dade County in violation of Sec. 26-39. (2) Any volunteer who shall violate a provision of Sec. 26-39, or who shall knowingly or willingly provide false or erroneous information to the Miami -Dade Park and Recreation Department, or fail to comply therewith, or with any of the requirements thereof, shall upon conviction thereof in the County Court, be punished by a fine not to exceed five hundred dollars ($500.00) or by imprisonment in the County Jail for not more than sixty (60) days, or by both such fine and imprisonment. (3) Any volunteer who violates or fails to comply with Sec. 26-39 may be subject to civil penalties in accordance with Chapter 8CC of (his code. Each day of violation or noncompliance shall constitute a separate offense. Section 3. Section 8CC-10 of the Code of Miami -Dade County, Florida is hereby amended to read as follows: Sec. 8CG10. Schedule of civil penalties. The following table shows the sections of this Code, as they may be amended from time to time, which may be enforced pursuant to the provisions of this chapter; and the dollar amount of civil penalty for the violation of these sections as they may be amended. The "descriptions of violations" below are for informational purposes only and are not meant to limit or define the nature of the violations or the subject matter of the listed Code sections, except to the extent that different types of violations of the same Code section may carry different civil penalties. For each Code section listed in the schedule of civil penalties, the entirety of that section may be enforced by the mechanism provided in this Chapter 8CC, regardless of whether all activities proscribed or required within that particular section are described in the "Description of Violation" column. To determine the exact nature of any activity proscribed or required by this Code, the relevant Code section must be examined. /t Amended Agenda Item No, 7(B) Page No. 9 Code Section Description of Violation Civil Penalty 26 38 A >>Failure to secure nationwide criminal background 500.00 check of a prospective child event worker, park vendor, or employee or volunteer of a Programming Partner or CBO whose duties would require physical presence on Miami -Dade County -owned or operated park L2ropertv 26_ 3�) Failure to secure nationwide criminal background 500.00 check of an existing park vendor, child event worker, or staff member or volunteer of a Programming Partner or CBO whose duties require physical presence on Miami -Dade County -owned or operated parKprg ert 26-38(C) Permitting or performing work or volunteerism on 500.00 Miami -Dade County -owned or operated park property by child event worker, park vendor, or staff member or volunteer of a Programming Partner or CBO who has been convicted of a violent felony or conspiracy to commit a violent felony within the past five 5 ears Permitting or performing work or volunteerism on 500,00 Miami -Dade County -owned or operated park r_ooperty_ by child event worker, park vendor, or staff member or volunteer of a Programming Partner or CBO who has been convicted of a felony involving the trafficking of a controlled substance within the past five t5tyears Permitting or performing work or volunteerism on 500.00 Miami -Dade County -owned or operated park property by child event worker, park vendor, or staff member or volunteer of a Programming Partner or CBO who is a sexual offender or a sexual_predator Permitting or performing work or volunteerism on 500.00 Miami -Dade County -owned or operated park property by child event worker, park vendor, or staff member or volunteer of a Programming Partner or CBO who has two (2) or more convictions for a violent felony, for conspiracy to commit a violent felony, or involving the trafficking of a controlled substance Amended Agenda Item No. 7(B) Page No. 10 26-3 K(Di Failure to collect or maintain copies of criminal 500.00 background checks, affidavits, or United -States citizenship or legal immigration status proof of a child event worker, park vendor, or staff member or volunteer of a ProgrammingProgrummLing Partner or CBO 26-38 E Failure of child event worker, park vendor, or staff 100.00 member or volunteer of a Programming Partner or CBO to wear in a conspicuous and visible manner the required identification badge whileworking or volunteering on Miami -Dade County -owned or operated park propegy 26-39 E Failure of Parr and Recreation Department 100.00« volunteer to wear in a conspicuous and visible manner the required identification badge while working or volunteering on Miami -Dade C_ ouMty- owned or operated park propery Section 4. If any section, subsection, sentence, clause or provision of this ordinance is held invalid, the remainder of this ordinance shall not be affected by such invalidity. Section 5. It is the intention of the Board of County Commissioners, and it is hereby ordained that the provisions of this ordinance, including any sunset provision, shall become and be made part of the Code of Miami -Dade County, Florida. The sections of this ordinance may be renumbered or relettered to accomplish such intention, and the word "ordinance" may be changed to "section," "article," or other appropriate word. Section 6. This ordinance shall become effective ten (10) days after the date of enactment unless vetoed by the Mayor, and if vetoed, shall become effective only upon an override by this Board. PASSED AND ADOPTED: Approved by County Attorney as to form and legal sufficiency: -- Prepared by:�'� Monica Rizo Sponsored by Senator Javier D. Souto /_,�? Miami -Dade County - District 10 Page 1 of 2 NEWS RELEASE For Immediate Release: Media Contact: June 22, 2005 Bernardo Escobar BE1@miamidade.gov 305-222-2116 Shannon Melendi Act Adopted by the Miami -Dade County Board of County Commissioners (Miami -Dade County, FL) -- On Tuesday, the Miami -Dade Board of County Commissioners adopted legislation by Commissioner Javier Souto requires that all coaches, umpires and volunteers who will have direct contact with children show proof of official statewide background checks for substance abuse, family violence and crimes of moral turpitude. All coaches, umpires, Parks Department personnel and permanent volunteers who come in direct contact with children shall wear a picture identification at all times while on County property. The Ordinance was amended on the floor to include persons employed to work fairs and carnivals on County Park lands. "We have had too many incidents with abduction of children by predators throughout the United States and most recently in Florida. Remember that individuals who are seeking to prey on children and teenagers are going to seek employment in jobs where they have direct access to their prey and working as a coach, referee and the such in a youth league lends itself to a potentially dangerous situation. This is why we also added persons who work in fairs and carnivals, since these people travel from town to town and come into contact with children on a daily basis, we have to know who these people are and make sure that these events are safe for our children," said Commissioner Souto. "One of the most painful cases involving a predator with an extensive criminal record, including a two year sentence for kidnaping and molesting a 14-year-old girl in 1982 and a history of assaulting women that dated back to the 70's, was the umpire who was arrested and charged with abducting and murdering Shannon Melendi in a Softball Cub in Atlanta, Georgia on March 26, 1994, and who goes on trial for her murder in August. Shannon Melendi was then a student at Emory University and worked part-time as a scorekeeper in this softball league where she was stalked by this predator, who should never have been hired as an umpire with his criminal record involving abuse of children and women. Shannon was a brilliant student who graduated from Southwest Miami Senior High School and a shining star in our community before her life was taken by this animal," said Souto, The Commissioner named the new law as the "Shannon Melendi Act," in memory of Shannon, whose family he has known since Shannon was an infant. "You have many parents who are involved fully with their son and daughter's after school activities, but you have many families where both parents work one or two jobs and can't attend their children's activities and entrust the welfare of their children to the coaches of these organizations and to the Parks Department. We have to ensure those parents that we are providing their children the safest environment possible," said the Commissioner. In addition to the wearing the identification cards indicating to parents and Parks Department personnel that these coaches, umpires, referees and permanent volunteers have undergone the requisite criminal background checks, the law also requires the leagues to maintain files on these criminal background checks and proof of legal immigrant status. This information would facilitate a police investigation in any incident involving a child. http://www.miamidade.gov/district 10/releases/05-06-22-melendi-act.asp 3/29/2010 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: Wed. April 21, 2010 Bulk Item: Yes _ No XX Division: BOCC Department: Comm. Di Gennaro, District 4 Staff Contact Person: Tamara Lundstrom (305 289-6000) AGENDA ITEM WORDING: Presentation by Prof. Brian LaPointe and adoption of Resolution regarding BOCC support to enhance water quality in Florida Bay. ITEM BACKGROUND: Various strategies have been attempted to improve Florida Bay water quality, including increasing fresh water flows into the Bay in an attempt to improve perceived salinity issues, which resulted in increased nitrogen levels and massive algae blooms. PREVIOUS RELEVANT BOCC ACTION: Adopted Resolution #307-1994 on January 20, 1994. CONTRACT/AGREEMENT CHANGES: STAFF RECOMMENDATIONS: TOTAL COST: BUDGETED: Yes No COST TO COUNTY: SOURCE OF FUNDS: REVENUE PRODUCING: Yes No AMOUNT PER MONTH Year APPROVED BY: County Atty _ DOCUMENTATION: Included DISPOSITION: Revised 2/05 OMB/Purchasing Risk Management Not Required AGENDA ITEM # Commissioner DiGennaro RESOLUTION NO. - Z010 A RESOLUTION TO PRESIDENT BARACK OBAMA, VICE PRESIDENT JOE BIDEN, THE PRESIDENT OF THE SENATE, INTERIOR SECRETARY KEN SALAZAR, ENVIRONMENTAL PROTECTION AGENCY ADMINISTRATOR LISA P. JACKSON, SENATOR BILL NELSON, SENATOR GEORGE LeMIEUX, SENATOR LARCENIA BULLARD, CONGRESSMAN RON SAUNDERS, AND THE ARMY CORPS OF ENGINEERS, URGING SUPPORT FOR, AND THE ENSURING OF PASSAGE OF BLUE WATER LEGISLATION FUNDING CLEAN WATER AND DRINKING WATER PROJECTS. WHEREAS, Monroe County's multibillion dollar tourist industry and multimillion dollar fishing, diving, snorkeling and marine recreation industries are entirely dependant on a healthy Florida Bay and Florida Keys Coral Reef Tract; and WHEREAS, Florida Bay was once a fabulously rich oligotrophic (low nutrient) marine ecosystem, famous for its abundant seagrasses, fishes and wildlife; a vital natural area for South Florida; and WHEREAS, The Florida Keys Coral Reef Tract was once a living, vibrant ecosystem, with abundant branching Acroporid corals and providing crucial habitat and nursery grounds for hundreds of species of fishes; a habitat to which the bulk of Monroe County residents owe their living and unique in all of the United States; and WHEREAS, government and independent researchers have determined that water quality in Florida Bay and the Florida Keys Coral Reef Tract declined rapidly in the 1990s; and WHEREAS, this decline was triggered by unprecedented flows of nitrogen rich freshwater from upstream within the confines and jurisdiction of the South Florida Water Management District, released into Florida Bay and southwest Florida shelf waters between 1991 and 1996, triggering the widespread expansion of algae blooms and ecological damage to Florida Bay and the Florida Keys Reef Tract, including die -offs of sponges and seafans, increased coral diseases and mass extinction of the elkhorn coral, Acopora paimata, and loss of vital fisheries habitat; and WHEREAS, this demonstrated that Florida Bay and the Florida Keys Coral Reef Tract are inextricably linked to the greater Everglades; and Bluewater Res. Commissioner DiGennaro WHEREAS, the unprecedented collapse of Florida Bay and widespread coral die off along the Florida Keys Coral Reef Tract is related, and at least partially due, to human changes in the historic quality, quantity, timing, and distribution of freshwater flows throughout the Everglades system and the agricultural runoff they carry; and WHEREAS, the rapidly deteriorating condition of Florida Bay and the Florida Keys Coral Reef Tract, threatens both the environmental quality of all the Keys and the economic viability of our community; and WHEREAS, the continued decline of Florida Bay and the Florida Keys Coral Reef Tract threatens our tourism, fishing, diving, snorkeling and marine recreation industries, which are the primary employers in Monroe County; and WHEREAS, many people believe that sacrificing Florida Bay and our nation's only living coral reef for the benefit of farming interests in the Everglades is equivalent to the short-sighted Third World practice of destroying rain forests for agricultural purposes; and WHEREAS, the US Environmental Protection Agency and Florida Department of Environmental protection have identified the immediate need for the development of numerical nutrient criteria to provide clean, fresh water flows to Florida Bay in the proper quality, quantity, timing and location; and WHEREAS, fresh water flows should not be restored and or released into Florida Bay without prior cleaning and treatment of said water to a level consistent with numerical nutrient criteria for coral reefs (e.g. Hawaiian nutrient standards) and/or tested to be demonstrably clean to that level; and WHEREAS, no activity should be engaged in such as road modification, building of drainage ditches etc. that may allow nutrient rich water to be released into Florida Bay; NOW, THEREFORE, BE IT RESOLVED by the Monroe County Board of County Commissioners that: (1)The Monroe County Board of County Commissioners unanimously endorses the immediate passage of Blue Water legislation, which identifies federal monies to contribute to the Coral Reef Conservation Initiative, and otherwise funds clean water and drinking water projects throughout the country. (2)The Monroe County Board of County Commissioners strongly urges our United States Senators, the Honorable Bill Nelson and the Honorable Bluewater Res. 2 Commissioner DiGennaro George LeMieux, to take whatever steps necessary to ensure the passage of the clean water funding legislation critical to the economic and environmental future of Monroe County. (3)The County Clerk is hereby directed to send copies of this resolution to the following: a. Secretary Ken Salazar, Department of the Interior,1849 C Street, N.W., Washington DC 20240 b. Honorable Senator Bill Nelson, 716 Senate Hart Office Building, Washington, DC 20510 c. Honorable Senator LeMieux; 317 Hart Senate Office Building, Washington, DC 20510 d. Honorable Representative Ileana Ros-Lehtinen, 2160 Rayburn Building, Washington, DC 20515 e. Governor Charlie Crist, The Capitol, Tallahassee, Florida 32301. f. FL Representative Dean Cannon, 422 The Capitol 402 South Monroe Street Tallahassee, FL 32399-1300 g. FL Representative Ron Saunders,_1402 The Capitol, 402 South Monroe Street, Tallahassee, FL 32399-1.300 h. FL Senator Larcenia Bullard, 218 Senate Office Building, 404 South Monroe Street, Tallahassee, FL 32399-1100 i. Col. May, District Supervisor, Army Corp. of Engineers, P.O. Box 4970, Jacksonville, FL 32232-0019 j. Cot Terrance "Rock" Salt, Asst. Sec. for Civil Works, US Army Corps of Engineers, 441 G. Street, NW, Wash., DC 20314-100 it. President Barack Obama, The White House, Washington, DC 20502 1. Vice-PresidentToe Biden, The White House, Washington, DC 20502 m. Lisa P. Jackson, EPA Admin. Environmental Protection Agency, USEPA Headquarters Ariel Rios Building 1200 Pennsylvania Avenue, N. W., Mail Code: 1101A, Washington, DC 20460 PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of said Board held on the 21st day of April, 2010. Mayor Murphy Mayor Pro Tern Carruthers Commissioner Di Gennaro Commissioner Neugent Commissioner Wigington BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA M (Seal) ATTEST: Danny L. Kolhage, Clerk By Mayor/Chairman ]0i0 iE COUNTY XfTOR11EV APPROVED AS; S ZA' NE . M TTON �TORNEY Bluewater Res. Coral Reef Conservation Initiative Florida Atlantic University Harbor Branch Oceanographic Institute PI: Brian E. Lapointe, Ph.D. A h etra rt In 2002 coral reefs contributed $3 billion to South Florida's economy, but pollution threatens both these fragile ecosystems and the economic activity they support. Land -based pollution is recognized by the United States Environmental Protection Agency and United Nations as a primary factor in the degradation of South Florida's coral reefs. This initiative addresses this clear and present threat to economically valuable coral reefs in Florida. It builds on expertise developed at Harbor Branch in South Florida, and will provide research protocols and curricula needed to understand and reduce the impacts of nutrient pollution. The outcome will be a road map for moderating land -based sources of nutrient pollution, such as stormwater runoff, sewage, and agricultural wastewater. Harbor Branch Oceanographic Institute, under the direction of Brian E. Lapointe, Ph.D., has monitored nutrient pollution (eutrophication) at Looe Key reef offshore the lower Florida Keys since 1983. These studies have documented more than a doubling in the average concentrations of ammonium, nitrate, and phosphate at Looe Key over the past 25 years as a result of land -based sources, primarily from sewage and agricultural runoff. This coastal pollution problem has correlated with an increase in harmful algal blooms (HABs) and parallel decline in water clarity, living coral cover, fisheries, and tourism. In January, 2009, the US Environmental Protection Agency mandated that the State of Florida develop numerical nutrient standards for its surface waters to address this general problem. However, there is currently insufficient information and focus on Florida's coral reefs, which are considered the most sensitive of all marine ecosystems to nutrient enrichment. Funds requested through this appropriation will allow FAUHBOI to develop a Coral Reef Conservation Initiative for the Florida Keys and southeast Florida that will continue HBOI's long-term nutrient monitoring program and assist the State of Florida in the development of realistic nutrient standards for restoration of its economically -important coral reefs. Dr. Lapointe's work is also relevant to protecting coral reefs globally, especially the Caribbean region. Having worked throughout the Caribbean with scientists and resource managers, Dr. Lapointe has documented coral reef destruction on numerous islands, including Jamaica, Bahamas, Trinidad & Tobago, St. Lucia, Bonaire, Curacao, Turks and Caicos, and Martinique. Pro,ects In FYI the initiative will undertake: • Nutrient -based coral reef conservation and monitoring projects in the Florida Keys, specifically: the lower Keys (Key West), the middle Keys (Marathon, Looe Key), and the upper Keys (Key Largo); • Development of environmental laboratories and curricula at Harbor Branch and the Florida Keys to provide analytical support for nutrient monitoring and training students and technicians to better understand the problem and its solution. • Continue monitoring water quality in the Florida Keys using students and technicians, which will document coral reef recovery as on -going sewage system upgrades go on-line. This is especially important at Looe Key, where HBOI has compiled the longest nutrient record for a coral reef anywhere in the world. • Training of scientists and technicians from Bonaire, Curacao, Martinique, Jamaica, Trinidad and Tobago, the Bahamas, and Turks and Caicos. Relying on his extensive body of work and experience, Dr. Lapointe, and his team, will develop a coral reef conservation curriculum that will be taught to students in Florida as well as scientists and resource managers from Caribbean nations. The education emphasis will be on the effects of land -based sources of pollution, especially nutrient pollution, on coral reefs. The training will take place at Harbor Branch and the Florida Keys. The majority (90%) of the funds will be expended in Florida, and it is expected that four jobs will be created directly, and also assumes that the spending will stimulate the local economies of St. Lucie and Monroe counties. Budget Retained by Agency 300,000 Salaries 793,000 Equipment 212,000 FL Keys Office/Lab Rent (per yr) 36,000 Supplies 40,000 Travel 67,000 Training Expenses 42,000 Trainee Expenses Int'I Travel 50,000 FL Travel 85,000 Lodging (CONUS) 154,000 Equipment 150,000 Meals (CONUS) 68,600 Total, Yr 1 $1, 997, 600 Performance measures include the number of students trained (50 in year one), reef monitoring protocols put in place and maintained, and positive publicity generated for Florida Atlantic University and for the United States. Contact information: Camille E. Coley, J.D. FAU Division of Research 561 297 3461, ccoley(c fau.edu Brian E. Lapointe, Ph.D. 772 465 2400 x276 blapoin l ghboi. fau. edu � i�_� i1 t ii' , �r � 'il• '94 FEB -8 A 9 :57 RESOLUTION NO. 037 - 1994 Mayor London A RESOLUTION TO PRESIDENT BILL CLINTON, VICE PRESIDENT ALBERT GORE, THE PRESIDENT OF THE SENATE, INTERIOR SECRETARY BRUCE BABBITT, ENVIRONMENTAL PROTECTION AGENCY ADMINISTRATOR CAROL BROWNER, SENATOR CONNIE MACK, SENATOR BOB GRAHAM, CONGRESSMAN PETER DEUTSCH, SENATOR MALCOLM WALLOP, THE ARMY CORPS OF ENGINEERS, AND THE PUBLIC MEDIA, URGING SUPPORT FOR, AND THE ENSURING OF, PASSAGE OF UNITED STATES SENATE BILL S1631. WHEREAS, Monroe County's multibillion dollar tourist industry and multimillion dollar fishing industry are entirely dependant on a healthy Florida Bay and coral reefs; and WHEREAS, Florida Bay was once a fabulously rich estuarine and marine ecosystem, famous for its abundant fish and wildlife; a vital natural area for Florida; and WHEREAS, government and independent researchers have determined that Florida Bay is dying rapidly, and is threatening the Florida Keys' Coral Reef Tract; and WHEREAS, the lack of freshwater flow to Florida Bay has dramatically altered its natural salinity balance, transforming the Bay from a rich estuary to a saltwater lagoon; and WHEREAS, dead plant matter releases from massive seagrass die -offs is creating major algae blooms and widespread damage to sponges and seafans; and WHEREAS, Florida Bay and the Florida Keys are inextricably linked to the greater Everglades; and WHEREAS, the current collapse of Florida Bay is related to human changes in the historic quantity, timing, and distribution of freshwater flows throughout the Everglades system; and WHEREAS, the rapidly deteriorating condition of Florida Bay, threatens both the environmental quality of all the Keys and the economic viability of our community; and WHEREAS, the continued decline of Florida Bay threatens the coral reefs, and with it our tourism and fishing industries, which are the primary employers in Monroe County; and WHEREAS, many people believe that sacrificing Florida Bay and our coral reef for the benefit of farming interests in the Everglades is equivalent to the short-sighted Third World practice of destroying rain forests for agricultural purposes; and WHEREAS, the scientific community has identified the immediate need for the restoration of clean, fresh water flows to Florida Bay in the proper quality, quantity, timing and location; and WHEREAS, fresh water flows cannot be restored without the public purchase of critical lands in the headwaters of Taylor Slough; lands that include the Frog Pond, the Eight and One -Half Square Mile area, and the connector lands, NOW, THEREFORE, BE IT RESOLVED that the Monroe County Board of County Commissioners unanimously endorses the immediate passage of United States Senate Bill S1631, which identifies federal monies to contribute to the purchase of critical lands in Taylor Slough; and BE IT FURTHER RESOLVED that we strongly urge our elected United States Senators, the Honorable Connie Mack and the Honorable Bob Graham, to take whatever steps necessary to ensure the passage of S1631, legislation critical to the economic and environmental future of Monroe County. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of said Board held on the 20th day of January, 1994. Mayor London Mayor Pro Tem Cheal Commissioner Freeman Commissioner Harvey Commissioner Reich (Seal) ATTEST: DANNY L. KOLHAGE, CLERK es yes yes yes yes BOARD OF COUNTY COMMISSIONERS OF MONR COUNTY, FLORIDA By ayor/Chairman TO FORM A, tDkq F! ENCY. By— — ------ _41s Daw `t BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: Aril 21 2010 Division: BOCC Bulk item: Yes Y No _ _ Department: George Neu ent Staff Contact Person/Phone 4, T. Colonna 4512 AGENDA ITEM WORDING: Approval of a resolution of the Board of County Commissioners of Monroe County, Florida bestowing the Name "Cabanas Way" on a portion of right-of-way located in the Key West International Airport property, Monroe County, Florida, as specifically defined in Exhibit A attached hereto and made a part hereof, ITEM BACKGROUND: PREVIOUS RELEVANT BOCC ACTION: CONTRACT/AGREEMENT CHANGES: STAFF RECOMMENDATIONS: TOTAL COST: INDIRECT COST: BUDGETED: Yes No DIFFERENTIAL OF LOCAL PREFERENCE: COST TO COUNTY: SOURCE OF FUNDS: REVENUE PRODUCING: Yes No AMOUNT PER MONTH Year APPROVED BY: County Atty _ OMB/Purchasing _ Risk Management DOCUMENTATION: Included x Not Required_ DISPOSITION: Revised 7/09 AGENDA ITEM # RESOLUTION NO. - 2010 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA BESTOWING THE NAME "CABANAS WAY" ON A PORTION OF RIGHT-OF-WAY LOCATED IN THE KEY WEST INTERNATIONAL AIRPORT PROPERTY, MONROE COUNTY, FLORIDA, AS SPECIFICALLY DEFINED IN EXHIBIT A ATTACHED HERETO AND MADE A PART HEREOF. WHEREAS, Fred Cabanas has requested that the County name a small stretch of road between the end of the Terminal and the electric gate at the Key West International Airport "Cabanas Way;" and WHEREAS, Mr. Cabanas started in aviation at the Key West International Airport in 1970 with his first solo and has had his aviation business for over 20 years in Key West; and WHEREAS, the right-of-way is not used as a means of identifying delivery addresses, thereby negating the need for the U.S. Postmaster to appmve the naming; and WHEREAS, the Key West International Airport is owned and operated by Monroe County, and the rights -of -way on said property are not deemed municipal roads; and WHEREAS, due notice has been published and a public hearing has been held in accordance with Chapter 336, Florida Statutes, and WHEREAS, at said public hearing the Board considered the argument of all parties present wishing to speak on the matter; and WHEREAS, the Board has determined that the naming of said read conforms to the requirement of Fla. Stat. Secs. 336.05 and 336.08; NOW THEREFORE, BE IT RESOLVED THAT THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA: Section 1. That the portion of unnamed right-of-way located in the Key West International Airport, Key West, Florida and as specifically marked in red on Exhibit A of this Resolution is hereby named "Cabanas way .. Section 2. That the Clerk of the Board is hereby directed to forward certified copies of this Resolution to the following Departments and agencies: Monroe County Building Department Monroe County Sheriffs Office Monroe County Engineering Department Monroe County Property Appraiser Monroe County Public Works Division Monroe County Tax Collector PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of the Board on the th day of 2010. Mayor Murphy Mayor Pro Tem Carruthers Commissioner DiGennaro Commissioner Neugent Commissioner Wigington (SEAL) Attest: DANNY L.KOLHAGE, Clerk By Deputy Clerk BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By pNROE COUidV SAVED AS SUZANNE A. HUTiON u rscFFa�v � �70 Mayor Sylvia Murphy BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: _March 17, 2010 Bulk Item: Yes X No Division: BOCC Department: DIST 3 Staff Contact Person/Phone #: C. Schreck x 3430 AGENDA ITEM WORDING: Approval of the appointment of Diane Beruldsen to the Monroe County Parks & Recreation Committee ITEM BACKGROUND: Greg Veliz, District III appointment resigned in 12/09. Ms. Beruldsen, President, and Founder of the International Women's Flag Football Association (IWFFA) is Director of the Kelly McGillis Classic Girls and Women's Flag Football Tournament. She has a BA Degree from FKCC and a BS in Elementary Education from NOVA University. She has extensive coaching and umpire experience. PREVIOUS RELEVANT BOCC ACTION: CONTRACT/AGREEMENT CHANGES: STAFF RECOMMENDATIONS: TOTAL COST: 0 INDIRECT COST: 0 BUDGETED: Yes No COST TO COUNTY: 0 SOURCE OF FUNDS: REVENUE PRODUCING: Yes No AMOUNT PER MONTH Year APPROVED BY: County Atty _ OMB/Purchasing Risk Management DOCUMENTATION: DISPOSITION: Revised 1/09 Included Not Required AGENDA ITEM # Monroe County Boards and Committees Appointment Information Board or Committee: Commissioner Appointing Member Name of Member: Address: Mailing Address: Phone Numbers: Date of Appointment: Reappointment: Date Term Expires: Name of Person Being Replaced Fulfilling Term of: Parks & Recreation Advisory Board Heather Carruthers Diane Beruldsen 25 A 7th Avenue ney west, r iorioa 33040 same Home: 305-896-7666 Work: Fax: Email: iwffaiwffa.com 3-17-10 No 9-17-12 Greg Veliz Greg Veliz BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date:__ 21 2010 Division: BOCC —April Bulk Item: Yes No X Department: DIST 3 Staff Contact Person/Phone #: C.Schreck x 3430 AGENDA ITEM WORDING: Discussion and direction to staff regarding the possible adoption of the Shannon Melendi Act requiring all persons working or volunteering on county park property to have national criminal background checks as a requirement of employment or service (and rechecking every three years); confirmation that an employee/volunteer is not listed on the national sex offender public website; that employers must maintain records; employees & volunteers must wear ID; and prohibiting sexual offenders, sexual predators, certain violent felons, certain narcotics traffickers and non -legal immigrants from working or volunteering on Monroe County park properties and the civil penalties for violations. All Monroe County programming partners and community -based organizations will need to comply. ITEM BACKGROUND: Shannon Melendi grew up in Miami Dade County and in 1994, the 19-year- old Emory University sophomore disappeared from a softball park where she worked part-time with an ex -convict (convicted of kidnapping and rape). This same convict was eventually tried and convicted for her kidnapping, rape, and murder. Similar Acts have been passed in Miami -Dade, Broward, Palm Beach, and Alachua Counties. PREVIOUS RELEVANT BOCC ACTION: None CONTRACT/AGREEMENT CHANGES: None STAFF RECOMMENDATIONS: TOTAL COST: INDIRECT COST: COST TO COUNTY: BUDGETED: Yes No SOURCE OF FUNDS: REVENUE PRODUCING: Yes No AMOUNT PER MONTH Year APPROVED BY: County Atty OMB/Purchasing DOCUMENTATION: Included Not Required DISPOSITION: Risk Management AGENDA ITEM # Revised 1/09 RANKING Mcrowi R: COMMITTEE ON FOREIGN AFFAIRS 7 httll �lforeiynaffairs.house.gcrvrminority/repuhlicans.htm �ti� .�� , WWW.tWi1tCf.(,o1)1, 1fl WWW YoutubC.Com ileanWOSIPhtinen Congregg of the Uuiteb *WC5 ,you5c of tCPre5eutatibr5 ILEANA ROS-LEHTINEN 181H DISTRICT, FLORIDA March 23, 2010 The Honorable Heather Carruthers Commissioner Monroe County 530 Whitehead St Key West, FL 33040 Dear Comini ' er Carruthers: PLEASE RESPOND TO 2470 RAyr(mN Houst Off ice_ Hi 'IL WAS)1HN(,,roN, DC 20515-0918 I. 1 (202) 225 3931 FAX (202)225 5620 http'iiwww.house y<w%MS-Irthtincn DISTRICT OFFICF 4960 SW 72 Av[ Nut u Sulie 2O8 MIAMI, FL 3315S (305) 668 - 2285 FAx:(305)668-5970 ❑ MONHOECuuNIY: (305)304-7789 F 1 MIAMi BrAcri AI<FAs (305)934 9441 JJ AIV) 4�u lx4d,( . Luis and Yvonne Melendi, constituents of my congressional district, have contacted my office r regarding their desire to see the Shannon Melendi Act adopted by Monroe County. You may know Luis and Yvonne from their many activities in Monroe County; the couple is very active and value living in the Keys and strive to make it a safer place. - The legislation the Melendi's are proposingrr%the Shannon Melendi Act, re"Aires that all coaches umpires and volunteers who will have direct cont ct with children show p f of official statewide background checks. As well, these individuals will beamed t icture identification at all times while on County property. Miami -Dade County has already adopted the Shannon Melendi Act and it now applies to all of County parks. Shannon was a gifted and young college sophomore from Miami. Shannon disappeared without a trace on March 26, 1994 while working a part time job at a softball field while she was a student at Emory University in Atlanta. Shannon Melendi's kidnapper, rapist, and murderer was Calvin "Butch" C. Hinton, III who was found guilty of murdering the South Florida teen in 2005 and is currently in jail. He was a co-worker and umpire she knew through her part-time job. "Butch" was already a convicted sexual predator with a three - time record of kidnapping, assault and rape before committing the same atrocious crimes against Shannon. Shannon's parents, Luis and Yvonne are still active today in efforts to protect children by strengthening our laws as well as protecting and educating youth about violence and predators. Unfortunately many predators are roaming the streets today, still preying on the most innocent of victims. The Shannon Melendi Act will helu ensure that these dangerous criminals are not stalking our children on County property disguised as legitimate volunteers and staff. In accordance with all applicable rules and regulations I encourage you to honor and remember Shannon Melendi by championing the cause of protecting our youth. SAeanaRos-Lqehtinen I Member of Congress IRL:jhs CC: Luis and Yvonne Melendi 828 Narragansett Lane Key Largo, FL 33037 PRINTFD ON RECYCLED PAPER Amended Approved Mavor Agenda Item No. 7(B) Veto 01-10-08 Override ORDIDANCE NO. 08-07 ORDINANCE PERTAINING TO CHAPTER 26 OF THE CODE OF MIAMI-DADE COUNTY ENTITLED "PARK AND RECREATION DEPARTMENT RULES AND REGULATIONS"; DELETING SECTION 26-33; CREATING ARTICLE III TO REQUIRE CRIMINAL BACKGROUND CHECKS FOR ALL PERSONS WORKING OR VOLUNTEERING ON COUNTY PARK PROPERTY; PROHIBITING SEXUAL OFFENDERS, SEXUAL PREDATORS, CERTAIN VIOLENT FELONS, AND CERTAIN CONTROLLED SUBSTANCE TRAFFICKERS AND NON- LEGAL IMMIGRANTS FROM WORKING OR VOLUNTEERING ON PARK PROPERTY OWNED OR OPERATED BY MIAMI-DADE COUNTY; PROVIDING AUTHORITY FOR ENFORCEMENT BY CIVIL PENALTY; PROVIDING SEVERABILITY, INCLUSION IN THE CODE, AND AN EFFECTIVE DATE WHEREAS, this Board is concerned about the security and safety of children visiting Miami -Dade County parks; and WHEREAS, there is a strong likelihood that children visiting County -owned or operated parks will come into direct contact with persons working or volunteering on County -owned or operated parks; and WHEREAS, the County currently requires criminal background checks only of staff members and volunteers of fairs, carnivals, and Programming Partners operating on County - owned or operated park property; and WHEREAS, requiring criminal background checks of most persons working or volunteering on County -owned or operated park property would reduce the incidence of direct contact between children and sexual predators or violent felons, NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA: T Amended Agenda Item No. 7(B) Page No. 2 Section 1. Section 26-33 of the Code of Miami -Dade County (the "Code") is hereby deleted in its entirety: I MENIM �!tisrrt Words stricken through and/or [[double bracketed.]] shall be deleted. Words underscored and/or >>double arrowed<< constitute the amendment proposed. Remaining provisions are now in effect and remain unchanged. Amended Agenda Item No. 7(B) Page No. 3 Section 2. Article III of Chapter 26 of the Code is hereby created as follows: Chapter 26 PARK AND RECREATION DEPARTMENT RULES AND REGULATIONS ARTICLE III. THE SHANNON MELENDI ACT See.26-37. Definitions. As used in this article the following terms shall have the following meanings: A. Community -based Organization (CBO) shall refer to any not -for -profit agency, group, organization, society, association, partnership, or individual whose primary purpose is to provide a community service to improve or enhance the well-being of the community of Miami -Dade County at large or to improve or enhance the well- being of certain individuals within this community who have special need's. B. Child Event Worker shall refer to any full- or part-time employee, agent, volunteer, independent contractor, or employee or volunteer of an independent contractcr of a carnival or fair that hosts amusement rides in a park owned or operated by Miarni- Dade County. The following persons shall be exempted from this definition: (1) Law enforcement personnel, (2) Emergency or fire rescue personnel; (3) Persons conducting deliveries; and (4) Military recruitment personnel. C. Conviction shall refer to a determination of guilt of a criminal charge which is the result of a trial or the entry of a plea of guilty or nolo contendere, regardless of whether adjudication is withheld. D. Park vendor shall refer to any full- or part-time employee, agent, volunteer, independent contractor, or employee or volunteer of an independent contractor that has a contract with, or permit from, Miami -Dade County to rent or sell food, beverages, sporting equipment, or any other goods or services in a park owned or operated by Miami -Dade County. The following persons and events shall be exempted from this definition: (1) Law enforcement personnel; (2) Emergency or fire rescue personnel; (3) Persons conducting deliveries; (4) International or national sporting events; (5) One -day events; and (6) Carnivals, festivals, trade shows, and .fairs that do not host amusement rides. no Amended Agenda Item No. 7(B) Page No. 4 E. Professional Background Screener shall refer to any person, company, organization or agency which, for monetary fees, dues, or on a not -for -profit basis, regularly engages in whole or in part in the practice of researching and assembling criminal history information on specific persons for the purpose of furnishing criminal history reports to third parties. F. Programming Partner shall refer to any Not -For -Profit Program Service Provider that is selected by the Department under Article II of this chapter and the accompanying Administrative Order to provide programs in County Park and Recreation Facilities. G. Sexual Offender shall include any individual who meets the criteria of a "sexual predator" as defined in Section 775.21(4) of the Florida Statutes, or a "sexual offender" as defined in Section 943.0435 of the Florida Statutes, or who is listed on the National Sex Offender Public Website owned or operated by the United States Department of Justice. H. Violent felony shall refer to the following felonies: arson; sexual battery; robbery; kidnapping; aggravated child abuse; aggravated abuse of an elderly person or disabled adult; aggravated assault with a deadly weapon; murder; manslaughter; aggravated manslaughter of an elderly person or disabled adult; aggravated manslaughter of a child; unlawful throwing, placing, or discharging of a destructive device or bomb; armed burglary; aggravated battery; or aggravated stalking. I. Volunteer shall refer to any individual performing volunteer duties for a CBO, for a Programming Partner, for the Miami -Dade Park and Recreation Department, as a child event worker, or as a park vendor for more than three (3) days in any six (6) month period. Students volunteering in order to fulfill high school graduation requirements shall be exempted from this definition. Sec. 26-38. Background checks Required for Child Event Workers, Park Vendors, and Programming Partner or Community -Based Organization (CBO) Employees and Volunteers. A. Upon adoption of this ordinance, employers of child event workers, employers of park vendors, and Programming Partners and CBOs shall secure a nationwide criminal background check of all existing child event workers, park vendors, employees, and volunteers whose duties require physical presence on park property owned or operated by Miami -Dade County. In addition, prior to employing, or allowing to volunteer, a person whose duties would require physical presence on park property owned or operated by Miami -Dade County, employers of child event workers, employers of park vendors, and Programming Partners and CBOs shall secure a nationwide criminal background check of all such prospective child event workers, park vendors, employees or volunteers. The nationwide criminal background checks shall be conducted by a Professional Background Screener and shall include a report as to whether each child event Amended Agenda Item No. 7(B) Page No. 5 worker, park vendor, staff member or volunteer is listed on the National Sex Offender Public Registry, and a comprehensive report and analysis, obtained from no less than two independent databases/sources, on the nationwide criminal history of such child event worker, park vendor, staff member or volunteer. B. Every three (3) years thereafter, employers of park vendors, and Programming Partners and CBOs shall secure nationwide criminal background checks for existing park vendors, staff members, and volunteers whose duties require physical presence on park property owned or operated by Miami -Dade County. However, employers of child event workers shall secure nationwide criminal background checks for existing child event workers whose duties require physical presence on park property owned or operated by Miami -Dade County every year thereafter. C. Any child event worker, park vendor, or staff member or volunteer of a Programming Partner or CBO who: (1) has been convicted of a violent felony or conspiracy fo.,commit a violent felony within the past five (5) years; or (2) has been convicted of a felony involving the trafficking of a controlled substance within the past (5) years; or (3) has two (2) or more convictions for a violent felony, for conspiracy to commit a violent felony, or involving the trafficking of a controlled substance; or (3) is a sexual offender or a sexual predator; or (4) has failed to provide the employer, Programming Partner or CBO with proof of United States citizenship or legal immigration status in the United States, shall be prohibited from working or volunteering on park property owned or operated by Miami -Dade County. All child event workers, park vendors, and staff members and volunteers of a Programming Partner or CBO shall submit to their employer, to the Programming Partner, or to the CBO an affidavit affirming that no work or volunteer duties will be performed on park property owned or operated by Miami - Dade County in violation of this sub -section and that any arrest will be reported to his/her employer within forty-eight (48) hours of such arrest. D. Employers of child event workers shall maintain copies of the results of the criminal background checks required by this section for a period of two (2) years from the date they were secured, and employers of park vendors, Programming Partners, and CBOs shall maintain such copies for a period of three (3) years from the date they were secured. Employers of child event workers, employers of park vendors, and Programming Partners and CBOs shall maintain the affidavits required by Section 26- 38(C) and the copies of the proof of United States citizenship or legal immigration status until the person is no longer a child event worker, park vendor, staff member, or volunteer. RN Amended Agenda Item No. 7(B) Page No. 6 Employers of child event workers, employers of park vendors, and Programming Partners and CBOs shall, upon request, provide copies of these documents to Miami - Dade County or to any law enforcement personnel with jurisdiction. E. Every child event worker, park vendor, and staff member and volunteer of a Programming Partner or CBO shall wear, in a conspicuous and visible manner, an identification badge that contains his/her photograph and full name while working or volunteering on park property owned or operated by Miami -Dade County, except when in costume and during a performance. The identification badge shall be of a size, design, and format approved by the Miami -Dade Park and Recreation Department. F. Penalties and Enforcement. (1) It shall be unlawful for an employer of child event workers, an employer of park vendors, or a Programming Partner or CBO to knowingly permit or allow any child event worker, park vendor, staff member, or volunteer to work or volunteer on park property owned or operated by Miami -Dade County in violation of Sec. 26-38. (2) It shall be unlawful for any child event worker, park vendor, or staff member or volunteer of a Programming Partner or CBO to work or volunteer on park property owned or operated by Miami -Dade County in violation of Sec. 26-38. (3) Any person who shall violate a provision of Sec. 26-38, or who shall knowingly or willingly provide false or erroneous information to his/her employer, or fail to comply therewith, or with any of the requirements thereof, shall upon conviction thereof in the County Court, be punished by a fine not to exceed five hundred dollars ($500.00) or by imprisonment in the County Jail for not more than sixty (60) days, or by both such fine and imprisonment. (4) Any person who violates or fails to comply with Sec. 26-38 may be subject to civil penalties in accordance with Chapter 8CC of this code. Each day of violation or noncompliance shall constitute a separate offense. Sec. 26-39. Miami -Dade Park and Recreation Department Employees and Volunteers. A. Upon adoption of this ordinance, the Miami -Dade Park and Recreation Department shall secure a nationwide criminal background check of all existing employees and volunteers whose primary duties require physical presence on park property owned or operated by Miami -Dade County. In addition, the Miami -Dade Park and Recreation Department shall secure a nationwide criminal background fingerprint check prior to employing, or allowing to volunteer, a person whose primary duties would require Amended Agenda Item No. 7(13) Page No. 7 physical presence on park property owned or operated by Miami -Dade County. This nationwide criminal background fingerprint check shall be conducted through the Florida Department of Law Enforcement. B. Every three (3) years thereafter; the Miami -Dade Park and Recreation Department shall secure nationwide criminal background checks for existing employees and volunteers whose primary duties require physical presence on park property owned or operated by Miami -Dade County. These nationwide criminal background checks shall be conducted by a Professional Background Screener and shall include a report as to whether each employee or volunteer is located on the National Sex Offender Public Registry, and a comprehensive report and analysis, obtained from two independent databases/sources, on the nationwide criminal history of such employee or volunteer. C. Any employee or volunteer of the Miami -Dade Park and Recreation Department who: (1) has been convicted of a violent felony or conspiracy to.. commit a violent felony within the past five (5) years; or (2) has been convicted of a felony involving the trafficking of a controlled substance within the past (5) years; or (3) has two (2) or more convictions for a violent felony, for conspiracy to commit a violent felony, or involving the trafficking of a controlled substance; or (4) is a sexual offender or a sexual predator; or (5) has failed to provide the Miami -Dade Park and Recreation Department with proof of United States citizenship or legal immigration status in the United States, shall be prohibited from working or volunteering on park property owned or operated by Miami -Dade County. All employees and volunteers of the Miami -Dade Park and Recreation Department shall submit to the Miami -Dade Park and Recreation Department an affidavit affirming that no work or volunteer duties will be performed on park property owned or operated by Miami -Dade County in violation of this sub- section and that any arrest will be reported to his/her employer within forty-eight (49) hours of such arrest. D. The Miami -Dade Park and Recreation Department shall maintain copies of the results of the criminal background checks required by this section for a period of three (3) years from the date they were secured. The Miami -Dade Park and Recreation Department shall maintain the affidavits required by Section 26-39(C) and shall maintain copies of the proof of United States citizenship or legal immigration status until the person is no longer an employee or volunteer. E. Every employee and volunteer of the Miami -Dade Park and Recreation Department shall wear, in a conspicuous and visible manner, an identification badge that contains his/her photograph and full name while working or volunteering on park property owned or operated by Miami -Dade County, except when in costume and during a /1a Amended Agenda Item No. 7(B) Page No. 8 performance. The identification badge shall be of a size, design, and format approved by the Miami -Dade Park and Recreation Department. F. Penalties and Enforcement. (1) It shall be unlawful for any volunteer of the Miami -Dade Park and Recreation Department to volunteer on park property owned or operated by Miami -Dade County in violation of Sec. 26-39. (2) Any volunteer who shall violate a provision of Sec. 26-39, or who shall knowingly or willingly provide false or erroneous information to the Miami -Dade Park and Recreation Department, or fail to comply therewith, or with any of the requirements thereof, shall upon conviction thereof in the County Court, be punished by a fine not to exceed five hundred dollars ($500.00) or by imprisonment in the County Jail for not more than sixty (60) days, or by both such fine and imprisonment. (3) Any volunteer who violates or fails to comply with Sec. 26-39 may be subject to civil penalties in accordance with Chapter 8CC of this code. Each day of violation or noncompliance shall constitute a separate offense. Section 3. Section 8CC-10 of the Code of Miami -Dade County, Florida is hereby amended to read as follows: Sec. 8CC-10. Schedule of civil penalties. The following table shows the sections of this Code, as they may be amended from time to time, which may be enforced pursuant to the provisions of this chapter; and the dollar amount of civil penalty for the violation of these sections as they may be amended. The "descriptions of violations" below are for informational purposes only and are not meant to limit or define the nature of the violations or the subject matter of the listed Code sections, except to the extent that different types of violations of the same Code section may carry different civil penalties. For each Code section listed in the schedule of civil penalties, the entirety of that section may be enforced by the mechanism provided in this Chapter 8CC, regardless of whether all activities proscribed or required within that particular section are described in the "Description of Violation" column. To determine the exact nature of any activity proscribed or required by this Code, the relevant Code section must be examined. Amended Agenda Item No. 7(B) Page No. 9 Code Section Description of Violation Civil Penalty 26 38(A) >>Failure to secure nationwide criminal background 500.00 check of a prospective child event worker, park vendor, or employee or volunteer of a Programming Partner or CBO whose duties would require physical presence on Miami -Dade County -owned or operated park property 26-38 B Failure to secure nationwide criminal background 500.00 check of an existing park vendor, child event worker, or staff member or volunteer of a Pro ramminL Partner or CBO whose duties require physical presence on Miami -Dade County -owned or operated park propeM 26-38 C Permitting or performing work or volunteerism on 500.00 Miami -Dade County -owned or operated park property by child event worker, park vendor, or staff member or volunteer of a Programminy, Partner or CBO who has been convicted of a violent felony or conspiracy to commit a violent felony within the past five (5) ears Permitting or performing work or volunteerism on 500.00 Miami -Dade County -owned or operated park property by child event worker, park vendor, or staff member or volunteer of a Programming Partner or CBO who has been convicted of a felony involving the trafficking of a controlled substance within the past five 5 ears Permitting or performing work or volunteerism on 500.00 Miami -Dade County --owned or operated park property by child event worker, park vendor, or staff member or volunteer of a Propramming`Partner or CBO who is a sexual offender or a sexual predator Permitting or performing work or volunteerism on 500.00 Miami -Dade County -owned or operated park property by child event worker, park vendor, or staff member or volunteer of a Programming Partner or CBO who has two (2) or more convictions for a violent felony, for conspiracy to commit a violent felony, or involving the trafficking of a controlled substance Amended Agenda Item No. 7(B) Page No. 10 Failure to collect or maintain copies of criminal background checks affidavits or United States 26-38 D citizenship or legal immigration status proof of a 500.00 child event worker, park vendor, or staff member or Failure of child event worker, park vendor, or staff member or volunteer of a Programming Partner or 26-38 E CBO to wear in a conspicuous and visible manner 100.00 the required identification badge while working or volunteering on Miami -Dade County -owned or Failure of Park and Recreation Department volunteer to wear in a conspicuous and visible 26 39(E) manner the required identification badge while 100.00<< working or volunteering, on Miami -Dade County - owned or operated park property Section 4. If any section, subsection, sentence, clause or provision of this ordinance is held invalid, the remainder of this ordinance shall not be affected by such invalidity. Section 5. It is the intention of the Board of County Commissioners, and it is hereby ordained that the provisions of this ordinance, including any sunset provision, shall become and be made part of the Code of Miami -Dade County, Florida. The sections of this ordinance may be renumbered or relettered to accomplish such intention, and the word "ordinance" may be changed to "section," "article," or other appropriate word. Section 6. This ordinance shall become effective ten (10) days after the date of enactment unless vetoed by the Mayor, and if vetoed, shall become effective only upon an override by this Board. PASSED AND ADOPTED: ,w.=y 10, 2008 Approved by County Attorney as to form and legal sufficiency: Prepared by: Monica Rizo Sponsored by Senator Javier D. Souto /-"-? MIAMI.OADE Memorandum mm pate' January 10, 2008 Supplement to To: Honorable Bruno A. Barreiro, Chairman Aqenda Item No. T (B ) And Members, Board of County Commissioners From: George M. Burgess County Manager Subject: Supplemental Inform Re sting to Or ance on Park and Recreation Department Rules and Regulations This supplemental information is provided in response to discussion at the December 10 2007 Recreation and Cultural Affairs Committee This report addresses those questions raised regarding: what type of system works to meet the requirements of the ordinance; cost of checking/verifying immigration status and: the overall cost factors. Current Policy On June 21, 2005, the Miami -Dade Board of County Commissioners adopted legislation that requires all programming staff, fair and carnival employees or agents, coaches, umpires, and volunteers who will have direct contact with children to show proof of official statewide background, checks for substance abuse, family violence and crimes of moral turpitude. The current County Code also requires that the above individuals provide proof of United States citizenship or legal immigration status and wear a picture identification at all times while on County property. The Board later adopted amendments to include national background checks and to include all fair and carnival employees or agents who will have direct contact with children under the age of 18. Other Jurisdictions National and statewide background check policies pertaining to employees, volunteers and vendors on parks property have been adopted in Broward, Palm Beach and Alachua Counties. These policies range from the requirement for sexual predator database screening up to and including the securing of a national, state and local background checks for staff, and volunteers. The National Recreation and Park Association (NRPA), reports that over sixty (60) state, county and municipal park and recreation departments and agencies are participating in a volunteer background screening process as a result of adopted or pending legislation. Proposed Legislation "fhe proposed legislation would require a nationwide criminal background and sexual predator database check to be completed prior to employment or volunteering for Miami -Dade Park and Recreation Department (MDPR) employees, volunteers and the employees and volunteers of programming partners, community based organizations, vendors (with some exceptions), and child event workers employed by lessees. Additionally, the proposed legislation prohibits felons convicted of a violent crime or of conspiracy to commit a violent crime and the trafficking of narcotics within the past five (5) years, sexual offenders or sexual predators from being employed by or volunteering with MDPR, and their programming partners, community based organizations, vendors. Under the proposed ordinance, MDPR would be required to secure a nationwide fingerprint criminal background check for park employees and volunteers upon adoption and every three years thereafter. Currently, the department conducts the national fingerprint background check only during the hiring and pre -volunteering process. Programming partners, community based organizations and non -exempted vendors would be required to secure a national background check upon adoption and every three (3) years thereafter. Employers of child event workers and volunteers would be required to secure a national background check upon adoption and every year thereafter. Honorable Bruno A. Barreiro, Chairman And Members, Board of County Commissioners Page 2of5 The proposed ordinance requires that the employers of child event workers maintain background check results for a period of two (2) years from the date that they were secured and for employers of non- exempt park vendors, programming partners and community based organizations to maintain such copies for three (3) years from the date that they were secured. The above are required to maintain these affidavits until the person is no longer a child event worker, park vendor, staff member or volunteer. Records maintenance and coordination of the national fingerprint background check for MDPR employees and volunteers is to be the purview of the department, however the securing, records maintenance and coordination of required background checks and affidavits for the employees and volunteers of program partners, community based organizations, and non-exempt vendors will be the responsibility of the hiring organization. Statements regarding adherence to all Miami -Dade County Ordinances in their respective agreements will obligate these organizations to comply with the provisions in the proposed amendment. The County Attorney's Office has reviewed the proposed amendment and has determined that the County will not assume any additional legal liabilities with the adoption of this ordinance. However, it is important for me to advise you that although MDPR is not responsible for performing the checks for these organizations and verify and manage the data, the perception may be different and the County may be viewed as the responsible party which may lead to more judgements. Information Reported at Committee �. Fiscal Impact to the County Upon adoption of this ordinance, the total initial estimated fiscal impact to MDPR is $243,500. Included in this total is the salary and fringe of an additional full-time staff person within MDPR who would coordinate and manage the processing of background checks for Park's employees and volunteers. The implementation of this ordinance must take into account the timeframe necessary for MDPR to hire a background check coordinator and to conduct the FDLE-statewide/F B I -national checks on required current employees and volunteers. The timeliness of the actual processing of the FDLE-statewide/FBI- national checks will be contingent upon the staffing levels and processes within the Human Resource Department. It is recommended that a review of the MDPR records maintenance and background check coordination process required if this ordinance be conducted within one year of adoption to ensure adequate staffing and funding levels. A fiscal and operational impact resulted with the adoption of the current County Code in June, 2005, when the number of court ordered community service workers fulfilling their obligation on parks decreased by approximately 70%. This decrease is attributed to the requirement for individuals to pay the fee for the background check screening. Court ordered community service workers typically fill operational gaps at metropolitan and regional parks by cleaning restrooms, removing litter and augmenting maintenance crews. In order to make up for this operational shortfall, MDPR re -invigorated initiatives requiring volunteer participation. One example of these initiatives is the "Adopt -a -Park" program. However, the anticipated MDPR cost to secure background checks for "Adopt -a -Park" program participants will have a $58,500 fiscal impact, the cost of 1500 screenings. Impact to Programming Partners All of the twenty-five (25) MDPR programming partners and community based organizations are currently conducting national background checks for their staff and volunteers either directly with a vendor or through a vendor of their affiliated national organization. The current fiscal impact to MDPR program partners and community based organizations is estimated at $35,000 (based on the average price of $26 for a background check and ID card for 1,300 coaches and regular volunteers). The operational and fiscal impact due to the broad scope of this ordinance will require these entities to Honorable Bruno A. Barreiro, Chairman And Members, Board of County Commissioners "age 3 of 5 conduct additional background checks for chaperones, boosters and other non -coaching volunteers, further research into the number of staff and volunteers is required, however preliminary figures estimate this ratio as high as one volunteer for every five participants. The requirement for these entities to conduct the FDLE-statewide/FBI-national checks will increase costs incurred by programming partners, lessees and community based organizations and may deter volunteerism and ultimately increase the costs to program participants. Overall System Requirements for Background Checks The type of system needed and required is one that is compliant with the Fair Credit Reporting Act (FCRA).The FCRA is an American federal law that regulates the collection, dissemination, and use of consumer credit information. It forms the base of consumer credit rights in the United States. While some background screening companies do not create credit reports, they may gather the same type of information and as a result may subject some of their actions to the FCRA. The systems to be used for full compliance with this ordinance must provide definitive information on a person's criminal background and also immigration status. After researching several background screening services the system which best meets the ordinance requirements is a combination of both the Florida Department of Law Enforcement and the web -based E-verify. The E-verify program, formally known as the Basic Pilot or Employment Eligibility Verification System, is jointly administered by the Department of Homeland Security (DHS) through the United States Citizenship and Immigration Services and the Social Security Administration (SSA). E-Verify is described in detail below under the response; there is no cost for this service. The FDLE check, detailed below, costs $47 for i state and national check. Research yielded other vendors for background screening, including one which provides both a nationwide criminal checking and immigration verification, United Screening Services Corporation (USSC). See the attached table for comparison purposes. The USSC is a company which conducts a criminal background check and also provides a service to verify immigrant status, at a cost of $15 and $5 respectively. USSC is accredited by the National Association of Professional Background Screeners which provides up to date laws and procedures for background screening companies to follow. This vendor currently conducts background checks for the Miami -Dade County Youth Fair and Santa's Enchanted Forest which both employ hundreds of event workers, vendors and volunteers. The USSC criminal background check complies with the requirements of the ordinance. A system comparison might suggest that USSC may conduct the same services as using both FDLE and the free immigration service of E-Verify. However, a review of the mechanisms used for criminal background determination indicated that the FDLE and USSC base their checks on completely different methods. USSC verifies backgrounds based on information provided by the individual. FDLE verifies the background using fingerprints. Fingerprints are unique to an individual, and therefore, are accepted as the single factor in determining a person's identity and verifying criminal history. Misinformation may be provided by the very persons that this ordinance is intended to identify through altering a digit in a social security number, date of birth, or name information. For a detailed comparison of services and costs, a Comparison Chart of background screening services is attached. Verification of Applicant's Immigration Status To comply with Federal Requirements, all employees, citizens and non -citizens hired after November 6, 1986 and working in the United States must complete form 1-9 Employment Eligibility Verification of the Department of Homeland Security (referred to as the 1-9 form). The purpose of the 1-9 form is to document that each new employee (both citizen and non -citizen) hired after November 6, 1986 is authorized to work in the United States. The 1-9 form is filled out by both the employee and the employer. The 1-9 form is filled out using a number of selected credentials supplied by the employee. Honorable Bruno A. Barreiro, Chairman And Members, Board of County Commissioners Page 4 of 5 The 1-9 form must be kept on file for three years while an active employee, or one year after the employee is inactive with this employer. The 1-9 form is subject to inspection by the Federal Government. There is no cost for the 1-9 form itself and it is not mandatory that the information provided be verified. To have USSC verify the information on the 1-9 form is an additional charge of $5.00 paid to USSC. The information provided on the 1-9 form is done on-line and sent to USSC with the rest of the individual's information required for the background check. This confirmation is instant and provided through a web site set up by USSC through the Department of Homeland Security and the Social Security Administration who instantly verifies the individual's social security number and any legal documentation provided. The benefits of having USSC verify the 1-9 form is that it would be compared to the background information they receive of the individual being checked; the verification is instant; it would allow the 1-9 form to be electronically stored and able to retrieve active and inactive 1-9 forms, providing anytime, anywhere secure paperless access for updating, re -verification and government inspection as dictated by law; receive automated alerts 90, 60, and 30 days in advance of the expiration of employees' work authorization documents, enabling employees to apply for renewal of their work authorizations, greatly increasing the probability that they can legally continue to work without interruption. The 1-9 form can also be verified at no cost through the website E-verify. The E-verify program, formally known as the Basic Pilot or Employment Eligibility Verification System, is jointly administered by the Department of Homeland Security (DHS) through the United States Citizenship andlmmigration Services and the Social Security Administration (SSA). This program allows participating employers to verify whether newly hired employees are authorized to work in the United States by checking the information provided by the employees on their 1-9 form against both DHS and SSA databases. The results of the verifications are instant. The Department of Homeland Security United States Citizenship and Immigration Services only requires that paid employees complete the I-9 form. To have volunteers complete the 1-9 form to verify United States citizen status would be at the discretion of the employer. Overall Costs Factors MDPR conducts criminal background screening of their employees by using FDLE. FDLE conducts statewide background checks by receiving a potential employee's personal information along with their fingerprints. The cost of this service is $23.00. For additional national background screening, FDLE sends the fingerprints and personal information to the Federal Bureau of Investigation (FBI) for a cost of $24.00. The total cost, both by FDLE/statewide screening ($23.00) and the FBI/national ($24.00) is $47.00, per employee. With regard to volunteers, FDLE charges $36.00 to conduct background checks. This is a combined cost for statewide and national checks. Background checks are completed within 72 hours. To document immigration status, another requirement of the ordinance MDPR requires that employees complete an 1-9 form; volunteers are required to provide proof of citizenship (such as a driver's license, passport, or other document which verifies the ability to work in the United States). The information provided on the form is not verified, as described above. It is recommended that this be expanded to include the verification available through E-Verify at no additional cost. In preparing this supplemental report, information was secured for background checking by two event organizations, the Miami -Dade County Youth Fair and Santa's Enchanted Forest. The Miami -Dade County Youth Fair (MDCYF), which employs approximately 700 people with an additional 300 volunteers complies with the SMA by utilizing the USSC to conduct statewide and national background screening at a cost of $15 00 per applicant USSC does not utilize fingerprinting in their background screening process. The 3,000 other vendors and their employees that work at the fair must pay for their own background checks using USSC and must fill out an affidavit stating that they comply with the SMA 'Honorable Bruno A. Barreiro, Chairman And Members, Board of County Commissioners Page 5 of 5 ordinance. The vendors and their employees pay $5.00 to MDCYF for the identification badges. Employees must complete an 1-9 form, and this information is not verified. Similarly, Santa's Enchanted Forest employees approximately 600 people, and complies with the SMA by utilizing the USSC to conduct statewide and national background screening at a cost of $20.00 per applicant. As stated, USSC does not utilize fingerprinting in their background screening process. Employees must complete an 1-9 form, and this information is not verified. 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As used in this article the following terms shall have the following meanings. - A. Community -based Organization (CBO) shall refer to any not -for -profit agency, group, organization, society, association, partnership, or individual whose primary purpose is to provide a community service to improve or enhance the well-being of the community of Miami -Dade County at large or to improve or enhance the well-being of certain individuals within this community who have special needs. B. Child Event Worker shall refer to any full-time or part-time employee, agent, volunteer, independent contractor, or employee or volunteer of an independent contractor of a carnival or fair that hosts amusement rides in a park owned or operated by Miami -Dade County. The following persons shall be exempted from this definition: (1) Law enforcement personnel; (2) Emergency or fire rescue personnel; (3) Persons conducting deliveries; and (4) Military recruitment personnel. C. Conviction shall refer to a determination of guilt of a criminal charge which is the result of a trial or the entry of a plea of guilty or nolo contendere, regardless of whether adjudication is withheld. D. Park vendor shall refer to any full-time or part-time employee, agent, volunteer, independent contractor, or employee or volunteer of an independent contractor that has a contract with, or permit from, Miami - Dade County to rent or sell food, beverages, sporting equipment, or any other goods or services in a park owned or operated by Miami -Dade County. The following persons and events shall be exempted from this definition: (1) Law enforcement personnel; (2) Emergency or fire rescue personnel; (3) Persons conducting deliveries; (4) International or national sporting events; (5) One -day events; and (6) Carnivals, festivals, trade shows, and fairs that do not host amusement rides. Professional Background Screener shall refer to any person, company, organization or agency which, for monetary fees, dues, or on a not -for -profit basis, regularly engages in whole or in part in the practice of researching and assembling criminal history information on specific persons for the purpose of furnishing criminal history reports to third parties. Programming Partner shall refer to any Not -For -Profit Program Service Provider that is selected by the Department under Article II of this chapter and the accompanying Administrative Order to provide programs in County Park and Recreation Facilities. http://library.municode.com/print.aspx?clientID=10620&HTMRequest=http%3a%2f%2fli... 3/30/2010 Municode Page 2 of 4 G. Sexual Offender shall include any individual who meets the criteria of a "sexual predator" as defined in Section 775.21(4) of the Florida Statutes, or a "sexual offender" as defined in Section 943.0435 of the Florida Statutes, or who is listed on the National Sex Offender Public Website owned or operated by the United States Department of Justice. H. Violent felony shall refer to the following felonies: arson; sexual battery; robbery; kidnapping; aggravated child abuse; aggravated abuse of an elderly person or disabled adult; aggravated assault with a deadly weapon; murder; manslaughter; aggravated manslaughter of an elderly person or disabled adult; aggravated manslaughter of a child; unlawful throwing, placing, or discharging of a destructive device or bomb; armed burglary; aggravated battery; or aggravated stalking. I. Volunteer shall refer to any individual performing volunteer duties for a CBO, for a Programming Partner, for the Miami -Dade Park and Recreation Department as a child event worker, or as a park vendor for more than three (3) days in any six (6) month period. Students volunteering in order to fulfill high school graduation requirements shall be exempted from this definition. (Ord. No. 08-07, § 2, 1-10-08) Sec. 26-38. - Background checks required for child event workers, park vendors, and programming partner or community -based organization (CBO) employees and volunteers. A. Upon adoption of this ordinance [Ord. No. 08-07], employers of child event workers, employers of park vendors, and Programming Partners and CBOs shall secure a nationwide criminal background check of all existing child event workers, park vendors, employees, and volunteers whose duties require physical presence on park property owned or operated by Miami -Dade County. In addition, prior to employing or allowing to volunteer a person whose duties would require physical presence on park property owned or operated by Miami -Dade County, employers of child event workers, employers of park vendors, and Programming Partners and CBOs shall secure a nationwide criminal background check of all such prospective child event workers, park vendors, employees or volunteers. The nationwide criminal background checks shall be conducted by a Professional Background Screener and shall include a report as to whether each child event worker, park vendor, staff member or volunteer is listed on the National Sex Offender Public Registry, and a comprehensive report and analysis, obtained from no less than two independent databases/sources, on the nationwide criminal history of such child event worker, park vendor, staff member or volunteer. B. Every three (3) years thereafter, employers of park vendors, and Programming Partners and CBOs shall secure nationwide criminal background checks for existing park vendors, staff members, and volunteers whose duties require physical presence on park property owned or operated by Miami -Dade County. However, employers of child event workers shall secure nationwide criminal background checks for existing child event workers whose duties require physical presence on park property owned or operated by Miami -Dade County every year thereafter. C. Any child event worker, park vendor, or staff member or volunteer of a Programming Partner or CBO who: (1) Has been convicted of a violent felony or conspiracy to commit a violent felony within the past five (5) years; or (2) Has been convicted of a felony involving the trafficking of a controlled substance within the past (5) years; or (3) Has two (2) or more convictions for a violent felony, for conspiracy to commit a violent felony, or involving the trafficking of a controlled substance; or (4) Is a sexual offender or a sexual predator; or (5) Has failed to provide the employer, Programming Partner or CBO with proof of United States citizenship or legal immigration status in the United States, shall be prohibited from working or volunteering on park property owned or operated by Miami -Dade County. All child event workers, park vendors, and staff members and volunteers of a Programming Partner or CBO shall submit to their employer, to the Programming Partner, or to the CBO an affidavit affirming that no work or volunteer duties will be performed on park property owned or operated by Miami -Dade County in violation of this subsection and that any arrest will be reported to his/her employer within forty-eight (48) hours of such arrest. http://library.municode.com/print.aspx?cIientID=10620&HTMRequest=http%3a%2f%2fli... 3/30/2010 Municode Page 3 of 4 D. Employers of child event workers shall maintain copies of the results of the criminal background checks required by this section for a period of two (2) years from the date they were secured, and employers of park vendors, Programming Partners, and CBOs shall maintain such copies for a period of three (3) years from the date they were secured. Employers of child event workers, employers of park vendors, and Programming Partners and CBOs shall maintain the affidavits required by Section 26-38.C. and the copies of the proof of United States citizenship or legal immigration status until the person is no longer a child event worker, park vendor, staff member, or volunteer. Employers of child event workers, employers of park vendors, and Programming Partners and CBOs shall, upon request, provide copies of these documents to Miami -Dade County or to any law enforcement personnel with jurisdiction. E. Every child event worker, park vendor, and staff member and volunteer of a Programming Partner or CBO shall wear, in a conspicuous and visible manner, an identification badge that contains his/her photograph and full name while working or volunteering on park property owned or operated by Miami - Dade County, except when in costume and during a performance. The identification badge shall be of a size, design, and format approved by the Miami -Dade Park and Recreation Department. Penalties and Enforcement. (1) It shall be unlawful for an employer of child event workers, an employer of park vendors, or a Programming Partner or CBO to knowingly permit or allow any child event worker, park vendor, staff member, or volunteer to work or volunteer on park property owned or operated by Miami -Dade County in violation of Section 26-38. (2) It shall be unlawful for any child event worker, park vendor, or staff member or volunteer of a Programming Partner or CBO to work or volunteer on park property owned or operated by Miami -Dade County in violation of Section 26-38. (3) Any person who shall violate a provision of Section 26-38, or who shall knowingly or willingly provide false or erroneous information to his/her employer, or fail to comply therewith, or with any of the requirements thereof, shall upon conviction thereof in the County Court, be punished by a fine not to exceed five hundred dollars ($500.00) or by imprisonment in the County Jail for not more than sixty (60) days, or by both such fine and imprisonment. (4) Any person who violates or fails to comply with Section 26-38 may be subject to civil penalties in accordance with Chapter 8CC of this Code. Each day of violation or noncompliance shall constitute a separate offense. (Ord. No. 08-07, § 2, 1-10-08) Sec. 26-39. - Miami -Dade Park and Recreation Department employees and volunteers. A. Upon adoption of this ordinance [Ord. No. 08-07], the Miami -Dade Park and Recreation Department shall secure a nationwide criminal background check of all existing employees and volunteers whose primary duties require physical presence on park property owned or operated by Miami -Dade County. In addition, the Miami -Dade Park and Recreation Department shall secure a nationwide criminal background fingerprint check prior to employing, or allowing to volunteer, a person whose primary duties would require physical presence on park property owned or operated by Miami -Dade County. This nationwide criminal background fingerprint check shall be conducted through the Florida Department of Law Enforcement. B. Every three (3) years thereafter, the Miami -Dade Park and Recreation Department shall secure nationwide criminal background checks for existing employees and volunteers whose primary duties require physical presence on park property owned or operated by Miami -Dade County. These nationwide criminal background checks shall be conducted by a Professional Background Screener and shall include a report as to whether each employee or volunteer is located on the National Sex Offender Public Registry, and a comprehensive report and analysis, obtained from two independent databases/sources, on the nationwide criminal history of such employee or volunteer. C. Any employee or volunteer of the Miami -Dade Park and Recreation Department who: (1) Has been convicted of a violent felony or conspiracy to commit a violent felony within the past five (5) years; or (2) Has been convicted of a felony involving the trafficking of a controlled substance within the past (5) years; or http://library.municode.com/print.aspx?cI1entID=10620&HTMRequest=http%3a%2f%2fli... 3/30/2010 Municode Page 4 of 4 (3) Has two (2) or more convictions for a violent felony, for conspiracy to commit a violent felony, or involving the trafficking of a controlled substance; or (4) Is a sexual offender or a sexual predator; or (5) Has failed to provide the Miami -Dade Park and Recreation Department with proof of United States citizenship or legal immigration status in the United States, shall be prohibited from working or volunteering on park property owned or operated by Miami -Dade County. All employees and volunteers of the Miami -Dade Park and Recreation Department shall submit to the Miami -Dade Park and Recreation Department an affidavit affirming that no work or volunteer duties will be performed on park property owned or operated by Miami -Dade County in violation of this subsection and that any arrest will be reported to his/her employer within forty-eight (48) hours of such arrest. D. The Miami -Dade Park and Recreation Department shall maintain copies of the results of the criminal background checks required by this section for a period of three (3) years from the date they were secured. The Miami -Dade Park and Recreation Department shall maintain the affidavits required by Section 26-39.C. and shall maintain copies of the proof of United States citizenship or legal immigration status until the person is no longer an employee or volunteer. Every employee and volunteer of the Miami -Dade Park and Recreation Department shall wear, in a conspicuous and visible manner, an identification badge that contains his/her photograph and full name while working or volunteering on park property owned or operated by Miami -Dade County, except when in costume and during a performance. The identification badge shall be of a size, design, and format approved by the Miami -Dade Park and Recreation Department. Penalties and Enforcement. (1) It shall be unlawful for any volunteer of the Miami -Dade Park and Recreation Department to volunteer on park property owned or operated by Miami -Dade County in violation of Section 26-39. (2) Any volunteer who shall violate a provision of Section 26-39, or who shall knowingly or willingly provide false or erroneous information to the Miami -Dade Park and Recreation Department, or fail to comply therewith, or with any of the requirements thereof, shall upon conviction thereof in the County Court, be punished by a fine not to exceed five hundred dollars ($500.00) or by imprisonment in the County Jail for not more than sixty (60) days, or by both such fine and imprisonment. (3) Any volunteer who violates or fails to comply with Section 26-39 may be subject to civil penalties in accordance with Chapter 8CC of this Code. Each day of violation or noncompliance shall constitute a separate offense. (Ord. No. 08-07, § 2, 1-10-08) http://library.municode.com/print.aspx?cIientID=10620&HTMRequest=http%3a%2t0'/o2fli... 3/30/2010