Florida Senate - 2011 SENATOR AMENDMENT
Bill No. CS for SB 524
Barcode 810008
LEGISLATIVE ACTION
Senate . House
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Floor: 2/AD/2R .
05/02/2011 04:59 PM .
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Senator Latvala moved the following:
1 Senate Amendment (with title amendment)
2
3 Delete lines 60 - 792
4 and insert:
5 Section 1. Subsection (13) is added to section 311.09,
6 Florida Statutes, to read:
7 311.09 Florida Seaport Transportation and Economic
8 Development Council.—
9 (13) Until July 1, 2014, Citrus County may apply for a
10 grant through the Florida Seaport Transportation and Economic
11 Development Council to perform a feasibility study regarding the
12 establishment of a port in Citrus County. The council shall
13 evaluate such application in accordance with subsections (5)-(9)
14 and, if approved, the Department of Transportation shall include
15 the feasibility study in its budget request pursuant to s.
16 subsection (10).
17 Section 2. Section 311.12, Florida Statutes, is amended to
18 read:
19 311.12 Seaport security.—
20 (1) SECURITY STANDARDS.—
21 (a) The statewide minimum standards for seaport security
22 applicable to seaports listed in s. 311.09 shall be those based
23 on the Florida Seaport Security Assessment 2000 and set forth in
24 the Port Security Standards Compliance Plan delivered to the
25 Speaker of the House of Representatives and the President of the
26 Senate on December 11, 2000. The Office of Drug Control within
27 the Executive Office of the Governor shall maintain a sufficient
28 number of copies of the standards at its offices for
29 distribution to the public and provide copies to each affected
30 seaport upon request.
31 (a)(b) A seaport may implement security measures that are
32 more stringent, more extensive, or supplemental to the
33 applicable federal security regulations, including federal
34 facility security assessment requirements under 33 C.F.R. s.
35 105.305 minimum security standards established by this
36 subsection.
37 (b)(c) The provisions of s. 790.251 are not superseded,
38 preempted, or otherwise modified in any way by the provisions of
39 this section.
40 (2) EXEMPTION.—The Department of Law Enforcement may exempt
41 all or part of a seaport listed in s. 311.09 from the
42 requirements of this section if the department determines that
43 activity associated with the use of the seaport or part of the
44 seaport is not vulnerable to criminal activity or terrorism. The
45 department shall periodically review such exemptions to
46 determine if there is a change in use. Such change may warrant
47 removal of all or part of the exemption.
48 (2)(3) SECURITY PLAN.—
49 (a) Each seaport listed in s. 311.09 shall adopt and
50 maintain a security plan specific to that seaport which provides
51 for a secure seaport infrastructure that promotes the safety and
52 security of state residents and visitors and the flow of
53 legitimate trade and travel.
54 (b)(a) Each seaport Every 5 years after January 1, 2007,
55 each seaport director, with the assistance of the Regional
56 Domestic Security Task Force and in conjunction with the United
57 States Coast Guard, shall periodically revise the seaport’s
58 security plan based on the seaport’s director’s ongoing
59 assessment of security risks, the risks of terrorist activities,
60 and the specific and identifiable needs of the seaport for
61 ensuring that the seaport is in substantial compliance with
62 applicable federal security regulations, including federal
63 facility security assessment requirements under 33 C.F.R. s.
64 105.305 the minimum security standards established under
65 subsection (1).
66 (b) Each adopted or revised security plan must be reviewed
67 and approved by the Office of Drug Control and the Department of
68 Law Enforcement for compliance with federal facility security
69 assessment requirements under 33 C.F.R. s. 105.305 and the
70 minimum security standards established under subsection (1).
71 Within 30 days after completion, a copy of the written review
72 shall be delivered to the United States Coast Guard, the
73 Regional Domestic Security Task Force, and the Domestic Security
74 Oversight Council.
75 (3)(4) SECURE AND RESTRICTED AREAS.—Each seaport listed in
76 s. 311.09 must clearly designate in seaport security plans, and
77 clearly identify with appropriate signs and markers on the
78 premises of a seaport, all secure and restricted areas as
79 defined by 33 C.F.R. part 105 the United States Department of
80 Homeland Security-United States Coast Guard Navigation and
81 Vessel Inspection Circular No. 03-07 and 49 C.F.R. part 1572.
82 The plans must also address access eligibility requirements and
83 corresponding security enforcement authorizations.
84 (a) The seaport’s security plan must set forth the
85 conditions and restrictions to be imposed on persons employed
86 at, doing business at, or visiting the seaport who have access
87 to secure and restricted areas which are sufficient to provide
88 substantial compliance with the minimum security standards
89 established in subsection (1) and federal regulations.
90 1. All seaport employees and other persons working at the
91 seaport who have regular access to secure or restricted areas
92 must comply with federal access control regulations and state
93 criminal history checks as prescribed in this section.
94 2. All persons and objects in secure and restricted areas
95 are subject to search by a sworn state-certified law enforcement
96 officer, a Class D seaport security officer certified under
97 Maritime Transportation Security Act of 2002 guidelines and s.
98 311.121, or an employee of the seaport security force certified
99 under the Maritime Transportation Security Act of 2002
100 guidelines and s. 311.121.
101 3. Persons found in these areas without the proper
102 permission are subject to the trespass provisions of ss. 810.08
103 and 810.09.
104 (b) As determined by the seaport director’s most current
105 risk assessment under paragraph (3)(a), any secure or restricted
106 area that has a potential human occupancy of 50 persons or more,
107 any cruise terminal, or any business operation that is adjacent
108 to a public access area must be protected from the most probable
109 and credible terrorist threat to human life.
110 (b)(c) The seaport must provide clear notice of the
111 prohibition against possession of concealed weapons and other
112 contraband material on the premises of the seaport. Any person
113 in a restricted area who has in his or her possession a
114 concealed weapon, or who operates or has possession or control
115 of a vehicle in or upon which a concealed weapon is placed or
116 stored, commits a misdemeanor of the first degree, punishable as
117 provided in s. 775.082 or s. 775.083. This paragraph does not
118 apply to active-duty certified federal or state law enforcement
119 personnel or persons so designated by the seaport director in
120 writing.
121 (c)(d) During a period of high terrorist threat level, as
122 designated by the United States Department of Homeland Security
123 or the Department of Law Enforcement, or during an emergency
124 declared at a port by the seaport security director due to
125 events applicable to that particular seaport, the management or
126 controlling authority of the port may temporarily designate any
127 part of the seaport property as a secure or restricted area. The
128 duration of such designation is limited to the period in which
129 the high terrorist threat level is in effect or a port emergency
130 exists.
131 (5) ACCESS ELIGIBILITY REPORTING SYSTEM.—Subject to
132 legislative appropriations, the Department of Law Enforcement
133 shall administer a statewide seaport access eligibility
134 reporting system.
135 (a) The system must include, at a minimum, the following:
136 1. A centralized, secure method of collecting and
137 maintaining fingerprints, other biometric data, or other means
138 of confirming the identity of persons authorized to enter a
139 secure or restricted area of a seaport.
140 2. A methodology for receiving from and transmitting
141 information to each seaport regarding a person’s authority to
142 enter a secure or restricted area of the seaport.
143 3. A means for receiving prompt notification from a seaport
144 when a person’s authorization to enter a secure or restricted
145 area of a seaport has been suspended or revoked.
146 4. A means to communicate to seaports when a person’s
147 authorization to enter a secure or restricted area of a seaport
148 has been suspended or revoked.
149 (b) Each seaport listed in s. 311.09 is responsible for
150 granting, modifying, restricting, or denying access to secure
151 and restricted areas to seaport employees, other persons working
152 at the seaport, visitors who have business with the seaport, or
153 other persons regularly appearing at the seaport. Based upon the
154 person’s criminal history check, each seaport may determine the
155 specific access eligibility to be granted to that person. Each
156 seaport is responsible for access eligibility verification at
157 its location.
158 (c) Upon determining that a person is eligible to enter a
159 secure or restricted area of a port pursuant to subsections (6)
160 and (7), the seaport shall, within 3 business days, report the
161 determination to the department for inclusion in the system.
162 (d) All information submitted to the department regarding a
163 person’s access eligibility screening may be retained by the
164 department for subsequent use in promoting seaport security,
165 including, but not limited to, the review of the person’s
166 criminal history status to ensure that the person has not become
167 disqualified for such access.
168 (e) The following fees may not be charged by more than one
169 seaport and shall be paid by the seaport, another employing
170 entity, or the person being entered into the system to the
171 department or to the seaport if the seaport is acting as an
172 agent of the department for the purpose of collecting the fees:
173 1. The cost of the state criminal history check under
174 subsection (7).
175 2. A $50 fee to cover the initial cost of entering the
176 person into the system and an additional $50 fee every 5 years
177 thereafter to coincide with the issuance of the federal
178 Transportation Worker Identification Credential described in
179 subsection (6). The fee covers all costs for entering or
180 maintaining the person in the system including the retention and
181 use of the person’s fingerprint, other biometric data, or other
182 identifying information.
183 3. The seaport entering the person into the system may
184 charge an administrative fee to cover, but not exceed, the
185 seaport’s actual administrative costs for processing the results
186 of the state criminal history check and entering the person into
187 the system.
188 (f) All fees identified in paragraph (e) must be paid
189 before the person may be granted access to a secure or
190 restricted area. Failure to comply with the criminal history
191 check and failure to pay the fees are grounds for immediate
192 denial of access.
193 (g) Persons, corporations, or other business entities that
194 employ persons to work or do business at seaports shall notify
195 the seaport of the termination, resignation, work-related
196 incapacitation, or death of an employee who has access
197 permission.
198 1. If the seaport determines that the person has been
199 employed by another appropriate entity or is self-employed for
200 purposes of performing work at the seaport, the seaport may
201 reinstate the person’s access eligibility.
202 2. A business entity’s failure to report a change in an
203 employee’s work status within 7 days after the change may result
204 in revocation of the business entity’s access to the seaport.
205 (h) In addition to access permissions granted or denied by
206 seaports, access eligibility may be restricted or revoked by the
207 department if there is a reasonable suspicion that the person is
208 involved in terrorism or criminal violations that could affect
209 the security of a port or otherwise render the person ineligible
210 for seaport access.
211 (i) Any suspension or revocation of port access must be
212 reported by the seaport to the department within 24 hours after
213 such suspension or revocation.
214 (j) The submission of information known to be false or
215 misleading to the department for entry into the system is a
216 felony of the third degree, punishable as provided in s.
217 775.082, s. 775.083, or s. 775.084.
218 (4)(6) ACCESS TO SECURE AND RESTRICTED AREAS.—
219 (a) Any person seeking authorization for unescorted access
220 to secure and restricted areas of a seaport must possess, unless
221 waived under paragraph (7)(e), a valid federal Transportation
222 Worker Identification Credential (TWIC).
223 (b) A seaport may not charge a fee for the administration
224 or production of any access control credential that requires or
225 is associated with a fingerprint-based background check, in
226 addition to the fee for the federal TWIC. Beginning July 1,
227 2013, a seaport may not charge a fee for a seaport-specific
228 access credential issued in addition to the federal TWIC, except
229 under the following circumstances:
230 1. The individual seeking to gain secured access is a new
231 hire as defined under 33 C.F.R. s. 105; or
232 2. The individual has lost or misplaced his or her federal
233 TWIC. and execute an affidavit under oath which provides TWIC
234 identification information and indicates the following:
235 1. The TWIC is currently valid and in full force and
236 effect.
237 2. The TWIC was not received through the waiver process for
238 disqualifying criminal history allowed by federal law.
239 3. He or she has not, in any jurisdiction, civilian or
240 military, been convicted of, entered a plea of guilty or nolo
241 contendere to, regardless of adjudication, or been found not
242 guilty by reason of insanity, of any disqualifying felony under
243 subsection (7) or any crime that includes the use or possession
244 of a firearm.
245 (b) Upon submission of a completed affidavit as provided in
246 paragraph (a), the completion of the state criminal history
247 check as provided in subsection (7), and payment of all required
248 fees under subsection (5), a seaport may grant the person access
249 to secure or restricted areas of the port.
250 (c) Any port granting a person access to secure or
251 restricted areas shall report the grant of access to the
252 Department of Law Enforcement for inclusion in the access
253 eligibility reporting system under subsection (5) within 3
254 business days.
255 (d) The submission of false information on the affidavit
256 required by this section is a felony of the third degree,
257 punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
258 Upon conviction for a violation of this provision, the person
259 convicted forfeits all privilege of access to secure or
260 restricted areas of a seaport and is disqualified from future
261 approval for access to such areas.
262 (e) Any affidavit form created for use under this
263 subsection must contain the following statement in conspicuous
264 type: “SUBMISSION OF FALSE INFORMATION ON THIS AFFIDAVIT IS A
265 FELONY UNDER FLORIDA LAW AND WILL, UPON CONVICTION, RESULT IN
266 DISQUALIFICATION FOR ACCESS TO A SECURE OR RESTRICTED AREA OF A
267 SEAPORT.”
268 (f) Upon each 5-year renewal of a person’s TWIC, the person
269 must submit another affidavit as required by this subsection.
270 (7) CRIMINAL HISTORY SCREENING.—A fingerprint-based
271 criminal history check must be performed on employee applicants,
272 current employees, and other persons authorized to regularly
273 enter a secure or restricted area, or the entire seaport if the
274 seaport security plan does not designate one or more secure or
275 restricted areas.
276 (a) A person is disqualified from employment or unescorted
277 access if the person:
278 1. Was convicted of, or entered a plea of guilty or nolo
279 contendere to, regardless of adjudication, any of the offenses
280 listed in paragraph (b) in any jurisdiction, civilian or
281 military, including courts-martial conducted by the Armed Forces
282 of the United States, during the 7 years before the date of the
283 person’s application for access; or
284 2. Was released from incarceration, or any supervision
285 imposed as a result of sentencing, for committing any of the
286 disqualifying crimes listed in paragraph (b) in any
287 jurisdiction, civilian or military, during the 5 years before
288 the date of the person’s application for access.
289 (b) Disqualifying offenses include:
290 1. An act of terrorism as defined in s. 775.30.
291 2. A violation involving a weapon of mass destruction or a
292 hoax weapon of mass destruction as provided in s. 790.166.
293 3. Planting of a hoax bomb as provided in s. 790.165.
294 4. A violation of s. 876.02 or s. 876.36.
295 5. A violation of s. 860.065.
296 6. Trafficking as provided in s. 893.135.
297 7. Racketeering activity as provided in s. 895.03.
298 8. Dealing in stolen property as provided in s. 812.019.
299 9. Money laundering as provided in s. 896.101.
300 10. Criminal use of personal identification as provided in
301 s. 817.568.
302 11. Bribery as provided in s. 838.015.
303 12. A violation of s. 316.302, relating to the transport of
304 hazardous materials.
305 13. A forcible felony as defined in s. 776.08.
306 14. A violation of s. 790.07.
307 15. Any crime that includes the use or possession of a
308 firearm.
309 16. A felony violation for theft as provided in s. 812.014.
310 17. Robbery as provided in s. 812.13.
311 18. Burglary as provided in s. 810.02.
312 19. Any violation involving the sale, manufacture,
313 delivery, or possession with intent to sell, manufacture, or
314 deliver a controlled substance.
315 20. Any offense under the laws of another jurisdiction that
316 is similar to an offense listed in this paragraph.
317 21. Conspiracy or attempt to commit any of the offenses
318 listed in this paragraph.
319 (c) Each individual who is subject to a criminal history
320 check shall file a complete set of fingerprints taken in a
321 manner acceptable to the Department of Law Enforcement for state
322 processing. The results of the criminal history check must be
323 reported to the requesting seaport and may be shared among
324 seaports.
325 (d) All fingerprints submitted to the Department of Law
326 Enforcement shall be retained by the department and entered into
327 the statewide automated fingerprint identification system
328 established in s. 943.05(2)(b) and available for use in
329 accordance with s. 943.05(2)(g) and (h). An arrest record that
330 is identified with the retained fingerprints of a person subject
331 to the screening shall be reported to the seaport where the
332 person has been granted access to a secure or restricted area.
333 If the fingerprints of a person who has been granted access were
334 not retained, or are otherwise not suitable for use by the
335 department, the person must be refingerprinted in a manner that
336 allows the department to perform its functions as provided in
337 this section.
338 (e) The Department of Law Enforcement shall establish a
339 waiver process for a person who does not have a TWIC, obtained a
340 TWIC though a federal waiver process, or is found to be
341 unqualified under paragraph (a) and denied employment by a
342 seaport or unescorted access to secure or restricted areas. If
343 the person does not have a TWIC and a federal criminal history
344 record check is required, the Department of Law Enforcement may
345 forward the person’s fingerprints to the Federal Bureau of
346 Investigation for a national criminal history record check. The
347 cost of the national check must be paid by the seaport, which
348 may collect it as reimbursement from the person.
349 1. Consideration for a waiver shall be based on the
350 circumstances of any disqualifying act or offense, restitution
351 made by the individual, and other factors from which it may be
352 determined that the individual does not pose a risk of engaging
353 in any act within the public seaports regulated under this
354 chapter that would pose a risk to or threaten the security of
355 the seaport and the public’s health, safety, or welfare.
356 2. The waiver process begins when an individual who has
357 been denied initial employment within or denied unescorted
358 access to secure or restricted areas of a public seaport submits
359 an application for a waiver and a notarized letter or affidavit
360 from the individual’s employer or union representative which
361 states the mitigating reasons for initiating the waiver process.
362 3. Within 90 days after receipt of the application, the
363 administrative staff of the Parole Commission shall conduct a
364 factual review of the waiver application. Findings of fact shall
365 be transmitted to the department for review. The department
366 shall make a copy of those findings available to the applicant
367 before final disposition of the waiver request.
368 4. The department shall make a final disposition of the
369 waiver request based on the factual findings of the
370 investigation by the Parole Commission. The department shall
371 notify the waiver applicant of the final disposition of the
372 waiver.
373 5. The review process under this paragraph is exempt from
374 chapter 120.
375 6. By October 1 of each year, each seaport shall report to
376 the department each instance of denial of employment within, or
377 access to, secure or restricted areas, and each instance waiving
378 a denial occurring during the last 12 months. The report must
379 include the identity of the individual affected, the factors
380 supporting the denial or waiver, and any other material factors
381 used to make the determination.
382 (f) In addition to the waiver procedure established by the
383 Department of Law Enforcement under paragraph (e), each seaport
384 security plan may establish a procedure to appeal a denial of
385 employment or access based upon procedural inaccuracies or
386 discrepancies regarding criminal history factors established
387 pursuant to this subsection.
388 (g) Each seaport may allow immediate waivers on a temporary
389 basis to meet special or emergency needs of the seaport or its
390 users. Policies, procedures, and criteria for implementation of
391 this paragraph must be included in the seaport security plan.
392 All waivers granted by the seaports pursuant to this paragraph
393 must be reported to the department within 30 days after
394 issuance.
395 (8) WAIVER FROM SECURITY REQUIREMENTS.—The Office of Drug
396 Control and the Department of Law Enforcement may modify or
397 waive any physical facility requirement or other requirement
398 contained in the minimum security standards upon a determination
399 that the purposes of the standards have been reasonably met or
400 exceeded by the seaport requesting the modification or waiver.
401 An alternate means of compliance must not diminish the safety or
402 security of the seaport and must be verified through an
403 extensive risk analysis conducted by the seaport director.
404 (a) Waiver requests shall be submitted in writing, along
405 with supporting documentation, to the Office of Drug Control and
406 the Department of Law Enforcement. The office and the department
407 have 90 days to jointly grant or reject the waiver, in whole or
408 in part.
409 (b) The seaport may submit any waivers that are not granted
410 or are jointly rejected to the Domestic Security Oversight
411 Council for review within 90 days. The council shall recommend
412 that the Office of Drug Control and the Department of Law
413 Enforcement grant the waiver or reject the waiver, in whole or
414 in part. The office and the department shall give great weight
415 to the council’s recommendations.
416 (c) A request seeking a waiver from the seaport law
417 enforcement personnel standards established under s. 311.122(3)
418 may not be granted for percentages below 10 percent.
419 (d) Any modifications or waivers granted under this
420 subsection shall be noted in the annual report submitted by the
421 Department of Law Enforcement pursuant to subsection (10).
422 (9) INSPECTIONS.—It is the intent of the Legislature that
423 the state’s seaports adhere to security practices that are
424 consistent with the risks assigned to each seaport through the
425 ongoing risk assessment process established in paragraph (3)(a).
426 (a) The Department of Law Enforcement, or any entity
427 designated by the department, shall conduct at least one annual
428 unannounced inspection of each seaport to determine whether the
429 seaport is meeting the minimum security standards established
430 pursuant to subsection (1) and to identify seaport security
431 changes or improvements needed or otherwise recommended.
432 (b) The Department of Law Enforcement, or any entity
433 designated by the department, may conduct additional announced
434 or unannounced inspections or operations within or affecting any
435 seaport to test compliance with, or the effectiveness of,
436 security plans and operations at each seaport, to determine
437 compliance with physical facility requirements and standards, or
438 to assist the department in identifying changes or improvements
439 needed to bring a seaport into compliance with minimum security
440 standards.
441 (c) Within 30 days after completing the inspection report,
442 the department shall submit a copy of the report to the Domestic
443 Security Oversight Council.
444 (d) A seaport may request that the Domestic Security
445 Oversight Council review the findings in the department’s report
446 as they relate to the requirements of this section. The council
447 may review only those findings that are in dispute by the
448 seaport. In reviewing the disputed findings, the council may
449 concur in the findings of the department or the seaport or may
450 recommend corrective action to the seaport. The department and
451 the seaport shall give great weight to the council’s findings
452 and recommendations.
453 (e) All seaports shall allow the Department of Law
454 Enforcement, or an entity designated by the department,
455 unimpeded access to affected areas and facilities for the
456 purpose of plan or compliance inspections or other operations
457 authorized by this section.
458 (10) REPORTS.—The Department of Law Enforcement, in
459 consultation with the Office of Drug Control, shall annually
460 complete a report indicating the observations and findings of
461 all reviews, inspections, or other operations relating to the
462 seaports conducted during the year and any recommendations
463 resulting from such reviews, inspections, and operations. A copy
464 of the report shall be provided to the Governor, the President
465 of the Senate, the Speaker of the House of Representatives, the
466 governing body of each seaport or seaport authority, and each
467 seaport director. The report must include each director’s
468 response indicating what actions, if any, have been taken or are
469 planned to be taken pursuant to the observations, findings, and
470 recommendations reported by the department.
471 (11) FUNDING.—
472 (a) In making decisions regarding security projects or
473 other funding applicable to each seaport listed in s. 311.09,
474 the Legislature may consider the Department of Law Enforcement’s
475 annual report under subsection (10) as authoritative, especially
476 regarding each seaport’s degree of substantial compliance with
477 the minimum security standards established in subsection (1).
478 (b) The Legislature shall regularly review the ongoing
479 costs of operational security on seaports, the impacts of this
480 section on those costs, mitigating factors that may reduce costs
481 without reducing security, and the methods by which seaports may
482 implement operational security using a combination of sworn law
483 enforcement officers and private security services.
484 (c) Subject to the provisions of this chapter and
485 appropriations made for seaport security, state funds may not be
486 expended for security costs without certification of need for
487 such expenditures by the Office of Ports Administrator within
488 the Department of Law Enforcement.
489 (d) If funds are appropriated for seaport security, the
490 Office of Drug Control, the Department of Law Enforcement, and
491 the Florida Seaport Transportation and Economic Development
492 Council shall mutually determine the allocation of such funds
493 for security project needs identified in the approved seaport
494 security plans. Any seaport that receives state funds for
495 security projects must enter into a joint participation
496 agreement with the appropriate state entity and use the seaport
497 security plan as the basis for the agreement.
498 1. If funds are made available over more than 1 fiscal
499 year, the agreement must reflect the entire scope of the project
500 approved in the security plan and, as practicable, allow for
501 reimbursement for authorized projects over more than 1 year.
502 2. The agreement may include specific timeframes for
503 completion of a security project and the applicable funding
504 reimbursement dates. The agreement may also require a
505 contractual penalty of up to $1,000 per day to be imposed for
506 failure to meet project completion dates if state funding is
507 available. Any such penalty shall be deposited into the State
508 Transportation Trust Fund and used for seaport security
509 operations and capital improvements.
510 Section 3. Subsection (2) of section 311.121, Florida
511 Statutes, is amended to read:
512 311.121 Qualifications, training, and certification of
513 licensed security officers at Florida seaports.—
514 (2) The authority or governing board of each seaport
515 identified under s. 311.09 that is subject to the statewide
516 minimum seaport security standards referenced established in s.
517 311.12 shall require that a candidate for certification as a
518 seaport security officer:
519 (a) Has received a Class D license as a security officer
520 under chapter 493.
521 (b) Has successfully completed the certified training
522 curriculum for a Class D license or has been determined by the
523 Department of Agriculture and Consumer Services to have
524 equivalent experience as established by rule of the department.
525 (c) Has completed the training or training equivalency and
526 testing process established by this section for becoming a
527 certified seaport security officer.
528 Section 4. Subsection (1) of section 311.123, Florida
529 Statutes, is amended to read:
530 311.123 Maritime domain security awareness training
531 program.—
532 (1) The Florida Seaport Transportation and Economic
533 Development Council, in conjunction with the Department of Law
534 Enforcement and the Office of Drug Control within the Executive
535 Office of the Governor, shall create a maritime domain security
536 awareness training program to instruct all personnel employed
537 within a seaport’s boundaries about the security procedures
538 required of them for implementation of the seaport security plan
539 required under s. 311.12(2)(3).
540 Section 5. Subsection (1) of section 311.124, Florida
541 Statutes, is amended to read:
542 311.124 Trespassing; detention by a certified seaport
543 security officer.—
544 (1) Any Class D or Class G seaport security officer
545 certified under the federal Maritime Transportation Security Act
546 of 2002 guidelines and s. 311.121 or any employee of the seaport
547 security force certified under the federal Maritime
548 Transportation Security Act of 2002 guidelines and s. 311.121
549 who has probable cause to believe that a person is trespassing
550 pursuant to s. 810.08 or s. 810.09 or this chapter in a
551 designated secure or restricted area pursuant to s. 311.12(3)(4)
552 is authorized to detain such person in a reasonable manner for a
553 reasonable period of time pending the arrival of a law
554 enforcement officer, and such action does not render the
555 security officer criminally or civilly liable for false arrest,
556 false imprisonment, or unlawful detention.
557 Section 6. Section 311.115, Florida Statutes, is repealed.
558
559 ================= T I T L E A M E N D M E N T ================
560 And the title is amended as follows:
561 Delete lines 37 - 40
562 and insert:
563 include Port Citrus; amending s. 311.09, F.S.;
564 providing that Citrus County may apply for a grant for
565 a feasibility study through the Florida Seaport
566 Transportation and Economic Development Council;
567 providing for the evaluation of the application;
568 requiring the Department of Transportation to include
569 the study in its budget request under certain
570 circumstances; amending s. 311.12, F.S.; deleting
571 provisions relating to statewide minimum standards for
572 seaport security; deleting provisions authorizing the
573 Department of Law Enforcement to exempt all or part of
574 a seaport from specified requirements in certain
575 circumstances; revising provisions relating to seaport
576 security plans; revising requirements for certain
577 secure or restricted areas; revising provisions
578 relating to when a part of a seaport property may
579 temporarily be designated as a secure or restricted
580 area; deleting provisions requiring that the
581 Department of Law Enforcement administer a statewide
582 seaport access eligibility reporting system; deleting
583 provisions requiring that persons seeking
584 authorization to access secure and restricted areas of
585 a seaport execute an affidavit; prohibiting a seaport
586 from charging any fee for administration or production
587 of access control credentials that require or are
588 associated with a fingerprint-based background check,
589 in addition to the fee for the federal TWIC; providing
590 exceptions; providing for issuance of seaport-specific
591 access credentials; deleting provisions requiring
592 fingerprint-based state criminal history checks on
593 seaport employee applicants, current employees, and
594 other authorized persons; deleting provisions
595 authorizing waivers from security requirements in
596 certain circumstances; deleting provisions relating to
597 inspections; deleting reporting requirements; deleting
598 the provisions relating to the allocation of
599 appropriated funds for security project needs;
600 amending s. 311.121, F.S.; conforming provisions to
601 changes made by the act; amending s. 311.123, F.S.;
602 revising who may create a maritime domain security
603 awareness training program; conforming provisions to
604 changes made by the act; amending s. 311.124, F.S.;
605 conforming provisions to changes made by the act;
606 repealing s. 311.115, F.S., relating to the Seaport
607 Security Standards Advisory Council; amending s.
608 374.976, F.S.;