HomeMy WebLinkAboutItem N05COUNTY of MONROE
The Florida Keys
BOARD OF COUNTY COMMISSIONERS
Mayor Michelle Lincoln, District 2
Mayor Pro Tem David Rice, District 4
Craig Cates, District 1
James K. Scholl, District 3
Holly Merrill Raschein, District 5
Regular Meeting
March 11, 2026
Agenda Item Number: N5
26-0588
BULK ITEM: No DEPARTMENT: Administration
TIME APPROXIMATE: Yes STAFF CONTACT: Tina Boan
AGENDA ITEM WORDING: A request to advertise a public hearing to consider an ordinance
renaming Division 1 of Article III of the Monroe County Code of Ordinances, currently entitled
"Generally" to "County Administration" and amending Sections 2-58, 2-59, and 2-60 by renaming
Section 2-58 to "County Administrator" and making substantive amendments to that section to define the
Administrative Branch of County Government, to clarify and expand upon the selection, duties and
responsibilities of the County Administrator; revising Section 2-59 to provide for the adoption of a
County Administrative Code; revising Section 2-60 to provide for the adoption of Administrative
Directives; and renumbering current Section 2-59 as Section 2-61, current Section 2-60 as Section 2-62,
and current Section 2-61 as Section 2-63 without making substantive changes to the text of the
renumbered sections.
ITEM BACKGROUND: Part III of Chapter 125, Florida Statutes, authorizes a non -charter county to
adopt a county administrator form of government, through what is known as the County Administrator
Law of 1974. That law spells out the minimum criteria for hiring a county administrator and sets for the
basic powers and duties for that position. Monroe County adopted that form of government in 1977.
The Monroe County Code further expands upon those powers and duties of the County Administrator,
who is chief administrative officer of the County.
The proposed ordinance renames Division 1 of Article III of the Monroe County Code of Ordinances
from "Generally" to "County Administrator" and reorganizes that portion of the County Code to more
fully spell out the position of the County Administrator and the powers and duties of that office. That
proposed ordinance incorporates provisions of F.S. 125.73, which sets forth the minimum qualifications
of and the process for hiring the County Administrator. The proposed ordinances codifies this County's
practice of requiring that the Monroe County Administrator serve as a contract employee of the BOCC.
The proposed ordinance also establishes a minimum requirement of 10 years of experience in local
government or equivalent for a person to serve in that position.
Further, the proposed ordinance incorporates all of the duties and responsibilities of the County
Administrator that F.S. 125.74(1) enumerates as the types of authority a County Administrator may
exercise. The proposed ordinance reaffirms prior ordinances which spells out the details of how the
Monroe County Administrator may exercise her authorities, such as the process for approving small
contracts of less than $100,000 when that activity is in conformity of fiscal decisions already made by
the Board.
Additionally, among the duties that F.S. 125.74(1)0) and this proposed ordinance authorizes is the
establishment of a Monroe Administrative Code that shall serve as a central repository of all Board
approved policies. Examples of such policies include the County's Personnel Policies and the
Purchasing Policy. This change should improve the ability of employees to follow the most up to date
versions of Board policies because the latest version of all policies will be posted online through
"CivicPlus" aka "Municode" in one organized, searchable code, similar to that used to publish the
County Code, Land Development Code, and Comprehensive Plan. This online publication will also
improve transparency because members of the public will be able to search for and find all Board
approved policies at a future tab that will be located at www, Ibra'
If this ordinance is adopted as drafted, County staff will begin bringing forward future items to fill out
the Administrative Code with existing and updated policies of the Board. Any changes to the
Administrative Code will be presented to the Board for consideration and approval by resolution.
In the past, County Administrators have promulgated "administrative instructions" for County staff to
use as guidance documents in certain situations when implementing Board approved policies. The
proposed ordinance also authorizes and renames administrative instructions as "administrative
directives." Administrative directives will now be the "how to" documents for staff to follow when
implementing the administrative code and other internal staff policies.
In sum, the proposed ordinance formalizes the office of County Administrator as well as her powers and
duties, it establishes one centralized, online platform for publishing County policies approved by the
Board. It also updates the antiquated process of promulgating Administrative Instructions.
PREVIOUS RELEVANT BOCC ACTION: The Board enacted Ordinance 13-1977 when it adopted
the County Administration Law of 1974. The Board later amended that ordinance when it enacted
Ordinances 29-1991 11-1993, 6-1994, 19-1997, 22-1997, 27-1998, 12-2002, 24-2015, and 5-2023.
INSURANCE REQUIRED: No
CONTRACT/AGREEMENT CHANGES:
STAFF RECOMMENDATION: Approval
DOCUMENTATION: Proposed ordinance
FINANCIAL IMPACT: N/A
Effective Date:
Expiration Date:
Total Dollar Value of Contract:
Total Cost to County:
Current Year Portion:
Budgeted:
Source of Funds:
CPI:
Indirect Costs:
Estimated Ongoing Costs Not Included in above dollar amounts:
Revenue Producing: If yes, amount:
Grant:
County Match:
Insurance Required:
ORDINANCE No: - 2026
AN ORDINANCE OF THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA,
RENAMING DIVISION 1 OF ARTICLE III OF THE MONROE
COUNTY CODE OF ORDINANCES, CURRENTLY ENTITLED
"GENERALLY" TO "COUNTY ADMINISTRATION"; AND
AMENDING SECTIONS 2-58, 2-59, AND 2-60 BY
RENAMING SECTION 2-58, CURRENLTY ENTITLED "COUNTY
ADMINISTRATION" TO "COUNTY ADMINISTRATOR" AND
AMENDING THE SECTION TO DEFINE THE ADMINISTRATIVE
BRANCH OF COUNTY GOVERNMENT, TO CLARIFY AND
EXPAND UPON THE QUALIFICATIONS FOR SELECTING AND
REMOVING THE COUNTY ADMINISTRATOR; TO CLARIFY
AND EXPAND UPON THE DUTIES AND RESPONSIBILITIES OF
THE COUNTY ADMINISTRATOR;
RENUMBERING CURRENT SECTION 2-59, ENTITLED
"COUNTY EMPLOYEES ACCPETING SERVICE OF PROCESS
ON BEHALF OF COUNTY OR OTHER EMPLOYEES
PROHIBITED" AS SECTION 2-61, WITH THE SAME TITLE, AND
INSERTING NEW LANGUAGE INTO SECTION 2-59, TO BE
ENTITLED "ADMINISTRATIVE CODE", WITH LANGUAGE
THAT AUTHORIZES AND PROVIDES FOR THE ADOPTION OF
A COUNTY ADMINISTRATIVE CODE WHICH SHALL SERVE AS
A CENTRAL REPOSITORY OF BOARD APPROVED POLICIES
FOR THE AMINISTRATIVE BRANCH OF COUNTY
GOVERNMENT;
RENUMBERING CURRENT SECTION 2-60, ENTITLED "NON-
INTERFERENCE" AS SECTION 2-62, WITH THE SAME TITLE,
AND INSERTING NEW LANGUAGE INTO SECTION 2-60
TO BE ENTITLED "ADMINISTRATIVE DIRECTIVES", AND
INSERTING NEW LANGUAGE INTO SECTION 2-60 THAT
AUTHORIZES THE COUNTY ADMINISTRATOR TO ADOPT
ADMINISTRATIVE DIRECTIVES PROVIDING DIRECTION TO
STAFF ON HOW TO IMPLEMENT COUNTY POLICIES;
RENUMBERING CURRENT SECTION 2-61, ENTITLED
"CRIMINAL BACKGROUND SCREENING FOR CERTAN
1
SAFETY AND SECURITY CRITICAL POSITIONS", AS SECTION
2-63 WITH THE SAME TITLE;
AND PROVIDING FOR SEVERABIILTY AND AN EFFECTIVE
DATE.
WHEREAS, the Board of County Commissioners ("hereinafter "the Board")
implemented the County Administrator form of governance when it adopted the County
Administrator Law of 1974 in Ordinance 13-1977; and
WHEREAS, the Board, by adopting this ordinance reaffirms that adoption of the County
Administrator Law of 1974; and seeks to expand upon and clarify the County's adoption of the
County Administrator Law of 1974; and,
WHEREAS, the Board finds it prudent to codify the method of appointment,
qualifications, and compensation for the position of County Administrator as set forth in F.S.
125.73 as expanded upon by the Board in this ordinance; and
WHEREAS, the Board seeks to clarify and expand upon the powers and duties of the
County Administrator are primarily set forth in F.S. 125.74(l); and
WHEREAS, the Board finds it prudent to codify the duties of the County Administrator
as set forth in F.S. 125.74(1), as expanded upon by the BOCC including but not limited to defining
an Administrative Branch of County Government; and
WHEREAS, the Board finds it prudent to codify all Board approved policies in an
Administrative Code; and
WHEREAS, the Board hereby authorizes the adoption of an Administrative Code as a
central repository of its adopted policies; and
WHEREAS, the Board finds it prudent to authorize the County Administrator to create a
central repository of administrative directives which shall instruct County Administrative Branch
staff on how to implement County policies set forth in the Administrative Code; and
WHEREAS, the adoption of this ordinance requires the renumbering of existing Section
2-59 "County employees accepting service of process on behalf of the county or other employees
prohibited" as Section 2-61 with the same title, Section 2-60 ""Non-interference" as Section 2-
62 with the same title, and Section 2-61 "Criminal background screening for certain safety and
security critical positions" as Section 2-63 with the same title; without making substantive
changes to the language set forth in those existing code sections.
NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA THAT: (Added language is noted
in underlined text and deleted language is noted in st+i e thr-o gh tex )
E
SECTION l: LEGISLATIVE FINDINGS AND INTENT. The above stated recitals to this
Ordinance are hereby incorporated into this Ordinance by the BOCC as the legislative intent
pertaining to this Ordinance
SECTION 2.: Article III, Division 1 of the Monroe County Code of Ordinances, currently
entitled "Generally" shall be renamed "County Administration."
SECTION 3. Section 2-58 of the County Code is hereby amended as follows:
Sec. 2-58. County Administrator.
(a) County administration law adopted. The board of county commissioners hereby expressly
adopts the county administration law as contained in F.S. ch. 125, pt. III (F.S. § 125.70 et seq.)
(b) Establishment ofAdministrative Branch; composition. The Administrative Branch of County
,government is hereby created and shall be headed by the County Administrator. The County
Administrator is authorized by the actions of the County Commission to implement the policies
and decisions of the County Commission in a manner that is consistent with the Monroe County
Code, the Monroe County Land Development Code, the Monroe County Comprehensive Plan,
the Monroe County Administrative Code, as well as federal and state law, and is in the best
interest of the health, safety, and welfare of the County's citizens. The Administrative Branch
shall be composed of the County Administrator, assistant county administrators, department
heads and the employees of the departments which report to the County Administrator.
Employees of the County Constitutional Officers, the County Attorney's Office, the Monroe
County Land Authority, and employees designated as county employees with state court -related
agencies are not employees of the Administrative Branch.
(4) (c) County Administrator: qualifications, selection, absences and disabilities, and removal.
Pursuant to and in furtherance of F.S. 125.73:
(1) The County Administrator shall be chosen based upon a job description to be
prepared by the County Commission. The administrator, at the time of appointment,
shall have at least 10 years' experience in local government or equivalent. The County
Administrator shall be an officer and employee of the County and compensated in an
amount established by the Board via a contract.
(2) The County Administrator shall be appointed by an affirmative vote of not less than
three members of the board.
(3) The administrator need not be a resident of the county at the time of appointment, but
during his or her tenure in office shall reside within the county.
3
(4) The County Administrator may designate, in writing, a qualified County employee to
exercise the powers and perform the duties of the County Administrator during the
County Administrator's temporary absence or disability. If the County Administrator fails
to make such a designation, or if there is a vacancy in the office of the County
Administrator, the County Commission shall designate, by resolution, a qualified County
employee to perform the County Administrator's duties during the County
Administrator's term of absence, disability, or suspension. During the time between the
County Administrator being absent without designating a qualified county employee to
exercise the powers and perform the duties of the County Administrator, the Assistant
County Administrator with the most tenure with the County shall serve in the capacity of
the County Administrator until the Board can meet and select an Acting County
Administrator.
(} (dd) County Administrator; powers and duties. In furtherance of and in addition to the powers
and duties set forth in F.S. 125.74, the County Administrator shall have all of the powers and
duties as set forth below:
(1) The administrator may be responsible for the administration of all departments of
the Administrative Branch, responsible to the board of county commissioners and for the proper
administration of all affairs under the jurisdiction of the board. To that end, the administrator
may, by way of enumeration and not by way of limitation, have the following specific powers
and duties to:
(A) Administer and carry out the directives and policies of the board of county
commissioners and enforce all orders, resolutions, ordinances, and regulations of the
board to assure that they are faithfully executed.
(B) Report to the board on action taken pursuant to any directive or policy
within the time set by the board and provide an annual report to the board on the state of
the county, the work of the previous year, and any recommendations as to actions or
programs the administrator deems necessary for the improvement of the county and the
welfare of its residents.
(C Provide the board, or individual members thereof, upon request, with data or
information concerningcounty and provide advice and recommendations on
county government operations to the board.
(D) Prepare and submit to the board of county commissioners for its
consideration and adoption an annual operating budget, a capital budget, and a capital
program.
-(E) Establish the schedules and procedures to be followed by all county
departments, offices, and agencies in connection with the budget and supervise and
administer all phases of the budgetM process.
(F) Prepare and submit to the board after the end of each fiscal year a complete
report on the finances and administrative activities of the county for the precedingyear
and submit his or her recommendations.
—(G) Supervise the care and custody of all court property
(H) Recommend to the board a current position classification and pay plan for
all positions in county service.
(I) Develop, install, and maintain centralized budgeting, personnel, legal, and
purchasing procedures.
(J) Organize the work of county departments, subject to an administrative code
developed by the administrator and adopted by the board, and review the departments,
administration, and operation of the county and make recommendations pertaining
thereto for reorganization by the board.
(K) Select, employ, and supervise all personnel and fill all vacancies, positions,
or employment under the jurisdiction of the board. However, the employment of all
department heads shall require confirmation by the board of county commissioners.
— (L Suspend, discharge, or remove any employee under the jurisdiction of the
board pursuant to procedures adopted by the board.
(M) Negotiate leases, contracts, and other agreements, including consultant
services, for the county, subject to approval of the board, and make recommendations
concerning the nature and location of county improvements.
(N) See that all terms and conditions in all leases, contracts, and agreements are
performed and notify the board of any noted violation thereof.
(0) Order, upon advising the board, any agency under the administrator's
jurisdiction as specified in the administrative code to undertake any task for any other
agency on a temporary basis if he or she deems it necessary for the proper and efficient
administration of the county government to do so.
(P) Attend all meetings of the board with authority to participate in the
discussion of any matter.
(0) Perform such other duties as may be reauired by the board of countv
commissioners.
(R) The County Administrator is authorized to appoint and ma,r�pend or
remove County employees of the Administrative Branch subject to public law 69-1321,
Laws of Florida, as amended. The County Administrator may authorize any DeputX
County Administrators, Assistant County Administrators, Division Directors, and
Department Heads to appoint, suspend or remove subordinates in that Directors
department, division, or office subject to public law 69-1321, Laws of Florida, as
amended. The County Administrator shall have the power to nominate all Deputy County
Administrators, Assistant County Administrators, Division Directors, and Department
Heads, or any other position required by state law to be confirmed by the County
Commission. The County Administrator's nominations must be approved by a majority
vote of the Commission present at a public meeting of the Board. The right to move an
employee to a different position, suspend, remove, or discharge any Deputy County
Administrators, Assistant County Administrators, Division Directors, and Department
Heads is reserved to the Countv Administrator.
(i) At least once a year the County Administrator shall provide an organizational
chart; typically, with budget adoption, outlining the current structure of the County Government
to be adopted by the Board at a public meeting y majority vote of those members present.
(ii) Organizational changes to departments, including combinations, deletions and
creations of departments, shall be adopted by the Board at a public meeting by a majority of
those members present.
(2) The County Administrator, following County Commission approval, is authorized to
execute all non -legislative documents on behalf of the County Commission including contracts,
deeds, and grant applications when the signature by the County Administrator is not inconsistent
with the laws of the United States, the State of Florida or this Code of Ordinances
O (3) In case of a construction project or professional services that are the subject of
previously executed contracts, the county administrator is authorized without necessity of
approval by the board of county commissioners:
a. To approve, sign and execute change orders with each change order not to exceed
$100,000.00 or five percent of the original contract price, whichever is greater.
Such change orders are noncumulative: in other words, each change order may be in the amounts
described and need not be added together for the purposes of reaching a maximum per project or
per service change order cost ceiling of $100,000.00 or five percent of the original contract price.
However, before the county administrator may execute a change order authorized by this
subsection, he must notify the members of the board of county commissioners, at least 24 hours
in advance, of his intention to execute the change order. The county administrator must provide a
report at each monthly board of county commissioners meeting listing the change orders
approved by him during the prior month and the reasons for those change orders; and
b. To extend a project's substantial completion date up to six months by written
agreement to the previously approved contract.
0
(24 (4) In the case of selecting and employing county personnel, the county administrator
is authorized without the necessity of approval of the board of county commissioners:
a. To approve and sign reimbursement requests for moving expenses of newly employed
department heads or other key personnel as designated by the administrator, who reside
outside of the county at the time of hire. The amount paid may not exceed $5,000.00; and
b. To reimburse travel expenses of department director or other key personnel
interviewees.
(-3) The county administrator may execute agreements on behalf of the board,
provided that said agreements are for an amount within the administrator's signature authority of
$100,000.00. If the county administrator authorizes a person to act as a designee, such person
shall comply with F.S. § 112.3145, and the financial disclosure requirements set forth therein.
All agreements will be in a form approved by the county attorney's office prior to execution. The
county attorney may require approval or ratification of an agreement by the board.
(4)-(6) With reference to such authority exercised by the county administrator on behalf
of the board as more fully set forth in paragraphs "`, (2) and «` (3), (4), and (5) of this
subsection, the board hereby determines that none of its discretionary authority is being
exercised by the county administrator; rather, the execution of such agreements is in conformity
with fiscal decisions already made by the board. Agreements and reimbursements heretofore
made by the administrator and that meet the criteria set forth in this section, as hereby ratified.
(4) Q. Limited Authority to Grant Exemptions of rules and regulations at County
Facilities. The County Administrator is vested with the authority to grant exemptions on a
limited and temporary basis of no more than 10 consecutive days to any rule or prohibition set
forth in this code that regulates conduct or regulates an activity, excluding alcoholic beverage
use, at a county facility provided that the exemption is granted for organized community events
that contribute to the health, safety, or welfare of the County. The Administrator may consider
the economic impact of the event to the County and its residents when determining whether to
grant an exemption under this paragraph. When granting an exemption, the Administrator must
state in writing the specific exemption(s) being granted and transmit a copy of that exemption to
members of the Commission upon issuing it. For purpose of this paragraph, the term "county
facility" means any park, beach, library, government center, or other building or facility owned,
operated, or managed by the County but does not include any airport, fire station, courthouse,
vacant conservation parcel, or county maintained right-of-way.
SECTION 4. Existing Section 2-59 of the County Code is renumbered as set forth below and the
following language is inserted in its place:
2-59 Administrative Code
7
(a) Consistent with F.S. 125.74(1), the County Administrator is hereby authorized to establish
the Monroe County Administrative Code. The Monroe County Administrative Code shall be a
central repository of administrative procedures which, upon adoption by the Board of County
Commissioners, shall establish and govern the operations of the Administrative Branch of
County Government:
(1) The departmental organization;
(2) The nature, scope, rules and procedures for the operation of each County division,
department, and office;
(3) A budget procedure;
(4) A personnel system;
(5) A legal procedure not inconsistent with Division 5- County Attorney; sections 2-
175 through 2-189.2 of this Code ;
(6) A purchasing procedure;
(7) An audit procedure;
(8) Administrative Procedures for the Board of County Commission meetings; and
(9) Any other rules and procedures deemed appropriate by the Administrator and
confirmed by a majority vote of the Board present at a public meeting
(b) Initially, the Administrative Code shall be adopted by resolution of the board at a public
meeting. Following adoption of the Administrative Code, amendments shall also be adopted by
resolution of the board. The provisions as amended shall become Dart of the Administrative Code
as of the effective date specified in the adopting resolution.
(c) All proposed Administrative Code amendments shall be furnished to the County Attorney
for legal review 30 days prior to placing the proposed Administrative Code amendment on the
Board of County Commission agenda.
(d) The Administrative Code and its amendments promulgated hereunder shall be
documented in CivicPlus Municode or its successor.
SECTION 5. Existing Section 2-60 is hereby renumbered as set forth below and the following
language is inserted in its place:
2-60 Administrative Directives.
The Countv Administrator is authorized to establish administrative directives to
direction to county staff on how to implement county policy. These Administrative Directives
are not required to be approved by the Board of County Commission.
SECTION 6. Renumbering of Section 2-59 as Section 2-61.
Sec. 2-1161. County employees accepting service of process on behalf of county or other
employees prohibited.
(a) Except as provided for in subsection (d), no county employee, shall accept service of process
on behalf of another county employee, the county attorney, the county administrator, the clerk of
the circuit courts, or any county commissioner. Process includes, but is not limited to, summons
and complaints, trial subpoenas, and subpoenas for depositions. Nothing in this section shall
prohibit the county attorney from filing a responsive pleading motion, thereby waiving service of
a summons and complaint, in any case whenever the county, a member of the board of county
commissioners, or an executive employee in official capacity is named as defendant.
(b) Except as provided for in subsection (d), no county employee, inclusive of the county
attorney, administrator, the clerk of the circuit courts, or any county commissioner shall
authorize any county employee to accept service of process on behalf of another county
employee, the county administrator, the clerk of the circuit courts, or any county commissioner
as described in this section or in any other form.
(c) Any county employee, inclusive of the county administrator, the clerk of the circuit courts, or
any county commissioner shall immediately make a photocopy of any document served or
attempted to be served upon that employee. Unless such process is directed to the person served
therewith, acceptance of service shall be refused, the original shall be returned to the party
attempting service, and the photocopied documents shall be forwarded to the office of the county
attorney forthwith, noting thereon the time, date and name of person upon whom service was
attempted.
(d)The board authorizes the county attorney and assistant county attorneys, while physically
present at the county attorney's office or any county office building, to accept service of process
on behalf of the county when the county is a party named in an action in lieu of serving the
mayor, vice mayor, or county commissioner pursuant to F.S. § 48.111(1). No other county
employee including the county administrator is authorized to accept service on behalf of the
county. Notwithstanding the foregoing, service of process on the mayor, vice mayor, or any
commissioner pursuant to F.S. § 48.111 shall still constitute effective service.
0
SECTION 7. Renumbering of Section 2-60 as Section 2-62.
Sec. 2-602. - Non-interference.
(a) No official or employee shall directly or indirectly coerce or attempt to coerce, direct, or
otherwise interfere in a procurement or personnel matter. If the official or employee is a member
of an evaluating body, that person may participate in the process to the same degree as all other
members of that body.
(b) Nothing in this section may be construed to prohibit individual members of the board from
asking questions of any employee and making personal observations regarding all aspects of
county government operations so as to obtain independent information to assist the members in
the formulation of policies to be considered by the commission. It is the express intent of this
section, however, that such inquiry not interfere directly with the administrative operations of the
county and that recommendations for change or improvement in county administrative
operations be made through policies and procedures adopted by the board.
SECTION 8. Renumbering of Section 2-61 as Section 2-63.
Sec. 2-64-3. - Criminal background screening for certain safety and security critical
positions.
(a) Definitions. The following words, terms and phrases when used in this section shall have
the meanings ascribed to them in this section.
Applicant means a person who has applied for a position as an employee or contractor.
Appointee means a person who is appointed to a position by the governing body of the county,
including but not limited to positions on advisory boards.
Contractor means a person who is not employed by the county but who provides goods or
services for, to or on behalf of the county, pursuant to contract and includes employees of a
contractor, vendors, repair person or delivery person who has access to a public facility or
publicly operated facility that the governing body finds is critical to security or public safety..
County shall mean the Board of County Commissioners of Monroe County, Florida.
Criminal history record check shall mean a fingerprinted -based state and federal criminal history
record check.
Critical facility shall mean those facilities or areas owned, operated or leased by the county that
have been determined by resolution of the board to be critical to security or public safety that are
occupied by law enforcement, the judiciary, fire rescue personnel, and emergency management
services.
10
Disqualifying criminal offense means a conviction or plea of nolo contendere or guilty to any of
the criminal offenses listed in attached Appendix A, for which there has been a release of
sanctions (e.g., incarceration) within ten years prior to the date of the criminal history record
check. Notwithstanding the foregoing, any conviction for which a full pardon has been granted
or any adjudication of delinquency shall not be considered a disqualifying criminal offense.
(b) All employees and independent contractors, current and prospective, who are hired or
appointed to any position with physical, electronic, or information technology access to any
facility owned and/or operated by the county and occupied by law enforcement, the judiciary,
fire rescue personnel, or emergency management services, must undergo employment screening
which shall include being fingerprinted and having said fingerprints forwarded to the Florida
Department of Law Enforcement and the Federal Bureau of Investigation for purposes of
obtaining state and federal criminal history record checks respectively. Said employment
screenings shall take place prior to initial employment; prior to transfer of an existing employee
or appointee into a position covered by this section; and not less than once every two years while
the individual occupies the position. The information obtained from the criminal history check
may be used to
(1) Determine an applicant's eligibility for employment or appointment,
(2) To determine an individual's eligibility for continued employment or appointment, and
(3) Determine the individual's eligibility for access to the public facility.
All existing employees, applicants, appointees and contractors are required to undergo a criminal
history record check within 30 days of the effective date of this ordinance.
(c) Prior to submitting a request for a criminal history record check pursuant to this ordinance the
county shall notify each individual to be fingerprinted that his or her fingerprints will be sent to
the Florida Department of Law Enforcement for a state criminal history record check and to the
Federal Bureau of Investigation for a national criminal history record check.
(d) The county shall notify any individual found to have a disqualifying criminal offense in
writing that he or she has been found to have a disqualifying criminal offense and will be denied
access to critical facilities unless the individual provides the county with verifiable evidence
within ten working days that he or she does not have a disqualifying criminal offense. The
notification shall also state that the individual has the right to
(1) Obtain a copy of his or her criminal history background records;
(2) Challenge the completeness and accuracy of the criminal history records pursuant to state and
federal law; and
(3) Request a correction, change or update to criminal history records pursuant to state or federal
law.
11
(e) The county shall notify any applicant found to have a prior arrest, without a disposition on the
record, for the criminal offenses listed in this section. If the arrest still has no disposition six
months after the date of delivery of the notice to the individual, the county may deny access to
the public facilities deemed to be critical to public safety or security until such time as the arrest
is resolved without a conviction or plea of polo contendere or guilty. An arrest for which no
disposition information is available shall not be considered as favorably resolved.
(f) The county administrator may establish procedures for implementation of this ordinance,
which may include, but not be limited to, procedures for obtaining and processing criminal
history record check information, standardizing information to be included in requests for
competitive solicitation issued by the county, and notifying employees, appointees, applicants
and contractors of the requirements of this ordinance.
(g) Notwithstanding any provision of this ordinance to the contrary, the access restrictions set
forth in this ordinance shall only apply when a person is acting in his or her capacity as an
employee, appointee or contractor on behalf of the county.
(h) Nothing in this ordinance shall be construed as prohibiting or preventing the county from
conducting any other background screening that the county may lawfully undertake.
SECTION 9: SEVERABILITY. If any portion of this Ordinance is for any reason held invalid
or declared to be unconstitutional, inoperative or void, such holding shall not affect the remaining
portions of this Ordinance. If this Ordinance or any provision thereof shall be held to be
inapplicable to any person, property or circumstances, such holding shall not affect its applicability
to any other person, property or circumstances.
SECTION 10: CONFLICT WITH OTHER ORDINANCES. All ordinances or parts of
ordinances in conflict with this Ordinance are hereby repealed to the extent of said conflict.
SECTION 11: FILING: Pursuant to F.S. 125.66(2), the Clerk is directed to transmit by email a
certified copy of this Ordinance to the Florida Department of State as soon after enactment as is
practicable and to the Municipal Code Corporation for publication.
SECTION 12: EFFECTIVE DATE. The ordinance shall take effect pursuant to the requirements
set forth in F.S. 125.66(2).
[REST OF THIS PAGE INTENTIALLY LEFT BLANK]
12
12
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida,
through procedures authorized by F.S. 125.66(2), on the 15TH day of April, 2026.
Mayor Michelle Lincoln
Mayor Pro Tem David Rice
Commissioner Craig Cates
Commissioner Holly Merrill Raschein
Commissioner Jim Scholl
(SEAL)
Attest: KEVIN MADOK, Clerk
By:
Deputy Clerk
Approved as to form and legal sufficiency:
Robert B. Shillinger, Jr.
Monroe County Attorney
13
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
am
Michelle Lincoln, Mayor