National News
Miramar set to eliminate background checks in business applications
January 25, 2016 posted by Steve Brownstein
The Miramar commission will vote Wednesday night whether to eliminate a required criminal background check for business owners seeking to set up in the city.
The requirement is unenforceable, according to the city's legal staff, which cites state law that prohibits cities from rejecting applications based on results of a criminal background check.
The city never updated its own ordinance to align with Florida Statue, Chapter 205, which was amended in 2007 to reflect that the application process was not a device to regulate business licenses.
But Miramar has continued to conduct the background checks to comply with its own local ordinance, charging applicants $29 for the check. The city commission is now poised to bring that ordinance in line with the state law and will stop performing background checks.
Much of the language that is contained in the current ordinance will be eliminated. It currently includes felonies and misdemeanor convictions as grounds for denial but also includes far-reaching language such as a lack of good character, honesty and integrity, and extends beyond the applicant to any member of the business.
According to city officials, even though the background checks have been routine, no applications have been denied based on information discovered in a check, since the change to the state statue in 2007.
City Manager Kathleen Woods-Richardson told commissioners that the criminal background check process is "no longer appropriate" in letter sent in December.
"It is a requirement that should have been eliminated a long time ago because it is unfair," said Robert Goltz, president and CEO of the Miramar/Pembroke Pines Regional Chamber of Commerce. "There could be someone who has a criminal record because of marijuana, is that something that should be held against when they are looking to establish a business?
"We are excited that the city is poised to eliminate this hurdle."