Miami-Dade Legislative Item
File Number: 090443
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File Number: 090443 File Type: Resolution Status: Adopted
Version: 0 Reference: R-304-09 Control: Board of County Commissioners
File Name: BACKGROUND CHECK ON BUS OPERATORS Introduced: 2/23/2009
Requester: NONE Cost: Final Action: 3/17/2009
Agenda Date: 3/17/2009 Agenda Item Number: 11A14
Notes: Title: RESOLUTION URGING THE FLORIDA LEGISLATURE TO PASS LEGISLATION THAT WOULD ALLOW LOCAL GOVERNMENTS TO CONDUCT A NATIONAL BACKGROUND CHECK ON PRIVATE SCHOOL BUS OPERATORS AND OTHER FOR-HIRE CHAUFFEUR LICENSE HOLDERS
Indexes: URGING
Sponsors: Rebeca Sosa, Prime Sponsor
  Dorrin D. Rolle, Co-Sponsor
  Barbara J. Jordan, Co-Sponsor
  Sally A. Heyman, Co-Sponsor
  Audrey M. Edmonson, Co-Sponsor
Sunset Provision: No Effective Date: Expiration Date:
Registered Lobbyist: None Listed


Legislative History

Acting Body Date Agenda Item Action Sent To Due Date Returned Pass/Fail

Board of County Commissioners 3/17/2009 11A14 Adopted P

County Manager 3/13/2009 Additions 3/17/2009

Health, Public Safety & Intergovernmental Cmte 3/12/2009 2E Forwarded to the BCC by BCC Chairperson due to lack of a quorum
REPORT: Chairwoman Heyman asked staff to prepare the appropriate memorandum to the Board of County Commissioners' Chairman Dennis C. Moss requesting that the Board's Rules and Procedures be waived to hear this proposed resolution at the March 17, 2009 Board meeting.

County Attorney 2/25/2009 Referred Health, Public Safety & Intergovernmental Cmte 3/12/2009

County Attorney 2/23/2009 Assigned Jess M. McCarty

Legislative Text


TITLE
RESOLUTION URGING THE FLORIDA LEGISLATURE TO PASS LEGISLATION THAT WOULD ALLOW LOCAL GOVERNMENTS TO CONDUCT A NATIONAL BACKGROUND CHECK ON PRIVATE SCHOOL BUS OPERATORS AND OTHER FOR-HIRE CHAUFFEUR LICENSE HOLDERS

BODY
WHEREAS, federal law currently does not allow local governments to access the FBI databases to perform national criminal background checks for employment or licensing unless state law provides the local governments with explicit statutory authority to conduct such checks; and
WHEREAS, in section 125.5801, Florida Statutes, Florida law currently provides counties the authority to perform national background checks on employees in positions that the county finds is critical to security or public safety; and
WHEREAS, section 125.5801 also provides counties the authority to perform such national checks on private contractors, employee of a private contractor, vendors, repair persons, or delivery persons who has access to any public facility or publicly operated facility that the governing body of the county finds is critical to security or public safety; and
WHEREAS, cities are provided similar authority in section 166.0442, Florida Statutes; and
WHEREAS, the authority to do national criminal background checks that is provided in sections 125.5801 and 166.0442 does not extend to private school bus drivers and other for-hire chauffeur license holders; and
WHEREAS, for private school bus drivers, it is important that a background check is performed checking records not only in the State of Florida but also nationally; and
WHEREAS, a private school bus driver could have an extensive criminal record in another state, but current Florida state law would not allow a local government to conduct a national background check that would capture crimes in other states; and
WHEREAS, particularly because private school bus drivers are in unsupervised daily contact with children, it is imperative that local governments have the authority to conduct a national criminal background check on private school bus drivers,
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA, that this Board:
Section 1. Urges the Florida Legislature to pass legislation that would allow local governments to conduct a national background check on private school bus operators and other for-hire chauffeur license holders.
Section 2. Directs the Clerk of the Board to transmit a certified copy of this resolution to the Governor, Senate President, House Speaker, and the Chair and Members of the Miami-Dade County State Legislative Delegation.
Section 3. Directs the County's state lobbyists to advocate for the legislation set forth in Section 1 above, and authorizes and directs the Office of Intergovernmental Affairs to amend the 2009 and 2010 State Legislative Packages to include this item.



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