Miami-Dade Legislative Item
File Number: 120899
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File Number: 120899 File Type: Ordinance Status: In Committee
Version: 0 Reference: 12-53 Control: Board of County Commissioners
File Name: REQUIRE CRIMINAL BACKGROUND CHECKS ON COUNTY LEASE/PROPERTY Introduced: 5/1/2012
Requester: NONE Cost: Final Action: 7/3/2012
Agenda Date: 7/3/2012 Agenda Item Number: 7H
Notes: Title: ORDINANCE REGARDING LEASE OF COUNTY PROPERTY; AMENDING SECTION 2-8.6.5 OF THE CODE OF MIAMI-DADE COUNTY, FLORIDA, TO REQUIRE CRIMINAL BACKGROUND CHECKS OF CERTAIN PROPOSED TENANTS OF COUNTY PROPERTY AND DISCLOSURE OF ADVERSE RESULTS TO BOARD, INCLUSION IN THE CODE, AND AN EFFECTIVE DATE
Indexes: BACKGROUND CHECKS
Sponsors: Sen. Javier D. Souto, Prime Sponsor
  Lynda Bell, Co-Sponsor
  Esteban L. Bovo, Jr., Co-Sponsor
  Rebeca Sosa, 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 7/3/2012 7H Adopted P
REPORT: First Assistant County Attorney Abigail Price-Williams read the foregoing proposed ordinance into the record. Hearing no questions or comments, the County Commission members voted on the foregoing ordinance.

Economic Development & Social Services Committee 6/13/2012 1F1 Forwarded to BCC with a favorable recommendation P
REPORT: Assistant County Attorney Terrence Smith read the foregoing proposed ordinance into the record. Chairwoman Sosa opened the public hearing. She closed the public hearing after no one appeared wishing to speak. Chairwoman Sosa explained the intent of the foregoing proposed ordinance. Hearing no questions or comments, the Committee proceeded to vote on this proposed ordinance as presented.

Board of County Commissioners 5/15/2012 Tentatively scheduled for a public hearing Economic Development & Social Services Committee 6/13/2012

Board of County Commissioners 5/15/2012 4C Adopted on first reading 6/13/2012 P
REPORT: First Assistant County Attorney Abigail Price-Williams read the foregoing proposed ordinance into the record. The foregoing ordinance was adopted on first reading and set for a public hearing before the Economic Development and Social Services Committee on Wednesday June 13, 2012, at 9:30 AM.

County Attorney 5/1/2012 Referred Economic Development & Social Services Committee 6/13/2012

County Attorney 5/1/2012 Assigned Monica Rizo

Legislative Text


TITLE
ORDINANCE REGARDING LEASE OF COUNTY PROPERTY; AMENDING SECTION 2-8.6.5 OF THE CODE OF MIAMI-DADE COUNTY, FLORIDA, TO REQUIRE CRIMINAL BACKGROUND CHECKS OF CERTAIN PROPOSED TENANTS OF COUNTY PROPERTY AND DISCLOSURE OF ADVERSE RESULTS TO BOARD, INCLUSION IN THE CODE, AND AN EFFECTIVE DATE

BODY

WHEREAS, Miami-Dade County routinely leases County-owned property to private entities; and
WHEREAS, some of these private entities operate facilities and provide programs and services for children and/or developmentally disabled individuals on the County-owned property that they lease; and
WHEREAS, children and developmentally disabled persons are more vulnerable to abuse, neglect and mistreatment; and
WHEREAS, it is in the best interest of Miami-Dade County to only lease property to tenants that are responsible, especially when those tenants are going to be operating programs and providing services to children and developmentally disabled individuals,
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA:
Section 1. Section 2-8.6.5 of the Code of Miami-Dade County, Florida, is hereby amended to read as follows:1
CHAPTER 2. ADMINISTRATION
ARTICLE I. IN GENERAL
* * *
Sec. 2-8.6.5. – [[ [ ]] Purchase, sale, lease of real property. [[ ] ]]
>>(1) Definitions. As used in this section:

(a) The term Principal means an owner, officer, or director. By exception, the term Principal shall not include the shareholders of a publicly traded corporation.

(b) The term Tenant means an individual, corporation, partnership, joint venture, or other legal entity, including both for-profit and not-for-profit entities.

(2) Documenting ownership interest.<<

(a) Prior to the County's entering into any contract, agreement or lease relating to the purchase, sale or leasing of real property by, to or from the County, all individuals, corporations, partnerships, joint ventures or other legal entities having any interest of any kind in the property to be purchased, sold or leased, shall file with the County a document identifying the extent of its ownership interest in the subject real property.

(b) Failure by any party to comply with the requirements of subsection >>(2)<<(a) hereof shall render the entire agreement to purchase, sale or lease voidable.

>>(3) Criminal background checks of certain proposed Tenants.

(a) Prior to the County entering into a non-residential lease of County-owned property with a proposed Tenant where the property is to be used by the proposed Tenant as a facility for, or to provide programs and services to, children and/or developmentally disabled individuals, the County Mayor or Mayor’s designee shall perform a national criminal background check of the proposed Tenant, of its Principals, and of any spouses, parents and children of the proposed Tenant and its Principals that will be working at the non-residential County-owned property to be leased. The cost of the criminal background check(s) performed by the County shall be the responsibility of the proposed Tenant and payment for the cost of the criminal background check(s) shall be made by the proposed Tenant to Miami-Dade County prior to the County incurring the cost thereof.

(b) Together with any recommendation to approve a non-residential lease of County-owned property to be used as a facility for, or to provide programs and services to, children and/or developmentally disabled individuals, the County Mayor shall report to the Board of County Commissioners any instance where the criminal background check required by subsection (3)(a) hereof revealed information which may adversely affect a finding of Tenant responsibility.<<


Section 2. 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 3. 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 4. 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.

1 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.



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