Florida Senate - 2011 SENATOR AMENDMENT
Bill No. CS/CS/CS/HB 991, 1st Eng.
Senate . House
Senator Ring moved the following:
1 Senate Amendment (with title amendment)
3 Between lines 515 and 516
5 Section 8. Section 311.12, Florida Statutes, is amended to
7 311.12 Seaport security.—
8 (1) SECURITY STANDARDS.—
(a) The statewide minimum standards for seaport security
10 applicable to seaports listed in s. 311.09 shall be those based
11 on the Florida Seaport Security Assessment 2000 and set forth in
12 the Port Security Standards Compliance Plan delivered to the
13 Speaker of the House of Representatives and the President of the
14 Senate on December 11, 2000. The Office of Drug Control within
15 the Executive Office of the Governor shall maintain a sufficient
16 number of copies of the standards at its offices for
17 distribution to the public and provide copies to each affected
18 seaport upon request.
19 (a) (b) A seaport may implement security measures that are
20 more stringent, more extensive, or supplemental to the
21 applicable federal security regulations, including federal
22 facility security assessment requirements under 33 C.F.R. s.
23 105.305 minimum security standards established by this
25 (b) (c) The provisions of s. 790.251 are not superseded,
26 preempted, or otherwise modified in any way by the provisions of
27 this section.
28 (2) EXEMPTION.—The Department of Law Enforcement may exempt
29 all or part of a seaport listed in s. 311.09 from the
30 requirements of this section if the department determines that
31 activity associated with the use of the seaport or part of the
32 seaport is not vulnerable to criminal activity or terrorism. The
33 department shall periodically review such exemptions to
34 determine if there is a change in use. Such change may warrant
35 removal of all or part of the exemption.
36 (2) (3) SECURITY PLAN.—
37 (a) Each seaport listed in s. 311.09 shall adopt and
38 maintain a security plan specific to that seaport which provides
39 for a secure seaport infrastructure that promotes the safety and
40 security of state residents and visitors and the flow of
41 legitimate trade and travel.
42 (b) (a) Each seaport Every 5 years after January 1, 2007,
43 each seaport director, with the assistance of the Regional
44 Domestic Security Task Force and in conjunction with the United
45 States Coast Guard, shall periodically revise the seaport’s
46 security plan based on the seaport’s director’s ongoing
47 assessment of security risks, the risks of terrorist activities,
48 and the specific and identifiable needs of the seaport for
49 ensuring that the seaport is in substantial compliance with
50 applicable federal security regulations, including federal
51 facility security assessment requirements under 33 C.F.R. s.
52 105.305 the minimum security standards established under
53 subsection (1).
54 (b) Each adopted or revised security plan must be reviewed
55 and approved by the Office of Drug Control and the Department of
56 Law Enforcement for compliance with federal facility security
57 assessment requirements under 33 C.F.R. s. 105.305 and the
58 minimum security standards established under subsection (1).
59 Within 30 days after completion, a copy of the written review
60 shall be delivered to the United States Coast Guard, the
61 Regional Domestic Security Task Force, and the Domestic Security
62 Oversight Council.
63 (3) (4) SECURE AND RESTRICTED AREAS.—Each seaport listed in
64 s. 311.09 must clearly designate in seaport security plans, and
65 clearly identify with appropriate signs and markers on the
66 premises of a seaport, all secure and restricted areas as
67 defined by 33 C.F.R. part 105 the United States Department of
68 Homeland Security-United States Coast Guard Navigation and
69 Vessel Inspection Circular No. 03-07 and 49 C.F.R. part 1572.
70 The plans must also address access eligibility requirements and
71 corresponding security enforcement authorizations.
72 (a) The seaport’s security plan must set forth the
73 conditions and restrictions to be imposed on persons employed
74 at, doing business at, or visiting the seaport who have access
75 to secure and restricted areas which are sufficient to provide
76 substantial compliance with the minimum security standards
77 established in subsection (1) and federal regulations.
78 1. All seaport employees and other persons working at the
79 seaport who have regular access to secure or restricted areas
80 must comply with federal access control regulations and state
81 criminal history checks as prescribed in this section.
82 2. All persons and objects in secure and restricted areas
83 are subject to search by a sworn state-certified law enforcement
84 officer, a Class D seaport security officer certified under
85 Maritime Transportation Security Act of 2002 guidelines and s.
86 311.121, or an employee of the seaport security force certified
87 under the Maritime Transportation Security Act of 2002
88 guidelines and s. 311.121.
89 3. Persons found in these areas without the proper
90 permission are subject to the trespass provisions of ss. 810.08
91 and 810.09.
92 (b) As determined by the seaport director’s most current
93 risk assessment under paragraph (3)(a), any secure or restricted
94 area that has a potential human occupancy of 50 persons or more,
95 any cruise terminal, or any business operation that is adjacent
96 to a public access area must be protected from the most probable
97 and credible terrorist threat to human life.
98 (b) (c) The seaport must provide clear notice of the
99 prohibition against possession of concealed weapons and other
100 contraband material on the premises of the seaport. Any person
101 in a restricted area who has in his or her possession a
102 concealed weapon, or who operates or has possession or control
103 of a vehicle in or upon which a concealed weapon is placed or
104 stored, commits a misdemeanor of the first degree, punishable as
105 provided in s. 775.082 or s. 775.083. This paragraph does not
106 apply to active-duty certified federal or state law enforcement
107 personnel or persons so designated by the seaport director in
109 (c) (d) During a period of high terrorist threat level, as
110 designated by the United States Department of Homeland Security
111 or the Department of Law Enforcement, or during an emergency
112 declared at a port by the seaport security director due to
113 events applicable to that particular seaport, the management or
114 controlling authority of the port may temporarily designate any
115 part of the seaport property as a secure or restricted area. The
116 duration of such designation is limited to the period in which
117 the high terrorist threat level is in effect or a port emergency
119 (5) ACCESS ELIGIBILITY REPORTING SYSTEM.—Subject to
120 legislative appropriations, the Department of Law Enforcement
121 shall administer a statewide seaport access eligibility
122 reporting system.
123 (a) The system must include, at a minimum, the following:
124 1. A centralized, secure method of collecting and
125 maintaining fingerprints, other biometric data, or other means
126 of confirming the identity of persons authorized to enter a
127 secure or restricted area of a seaport.
128 2. A methodology for receiving from and transmitting
129 information to each seaport regarding a person’s authority to
130 enter a secure or restricted area of the seaport.
131 3. A means for receiving prompt notification from a seaport
132 when a person’s authorization to enter a secure or restricted
133 area of a seaport has been suspended or revoked.
134 4. A means to communicate to seaports when a person’s
135 authorization to enter a secure or restricted area of a seaport
136 has been suspended or revoked.
137 (b) Each seaport listed in s. 311.09 is responsible for
138 granting, modifying, restricting, or denying access to secure
139 and restricted areas to seaport employees, other persons working
140 at the seaport, visitors who have business with the seaport, or
141 other persons regularly appearing at the seaport. Based upon the
142 person’s criminal history check, each seaport may determine the
143 specific access eligibility to be granted to that person. Each
144 seaport is responsible for access eligibility verification at
145 its location.
146 (c) Upon determining that a person is eligible to enter a
147 secure or restricted area of a port pursuant to subsections (6)
148 and (7), the seaport shall, within 3 business days, report the
149 determination to the department for inclusion in the system.
150 (d) All information submitted to the department regarding a
151 person’s access eligibility screening may be retained by the
152 department for subsequent use in promoting seaport security,
153 including, but not limited to, the review of the person’s
154 criminal history status to ensure that the person has not become
155 disqualified for such access.
156 (e) The following fees may not be charged by more than one
157 seaport and shall be paid by the seaport, another employing
158 entity, or the person being entered into the system to the
159 department or to the seaport if the seaport is acting as an
160 agent of the department for the purpose of collecting the fees:
161 1. The cost of the state criminal history check under
162 subsection (7).
163 2. A $50 fee to cover the initial cost of entering the
164 person into the system and an additional $50 fee every 5 years
165 thereafter to coincide with the issuance of the federal
166 Transportation Worker Identification Credential described in
167 subsection (6). The fee covers all costs for entering or
168 maintaining the person in the system including the retention and
169 use of the person’s fingerprint, other biometric data, or other
170 identifying information.
171 3. The seaport entering the person into the system may
172 charge an administrative fee to cover, but not exceed, the
173 seaport’s actual administrative costs for processing the results
174 of the state criminal history check and entering the person into
175 the system.
176 (f) All fees identified in paragraph (e) must be paid
177 before the person may be granted access to a secure or
178 restricted area. Failure to comply with the criminal history
179 check and failure to pay the fees are grounds for immediate
180 denial of access.
181 (g) Persons, corporations, or other business entities that
182 employ persons to work or do business at seaports shall notify
183 the seaport of the termination, resignation, work-related
184 incapacitation, or death of an employee who has access
186 1. If the seaport determines that the person has been
187 employed by another appropriate entity or is self-employed for
188 purposes of performing work at the seaport, the seaport may
189 reinstate the person’s access eligibility.
190 2. A business entity’s failure to report a change in an
191 employee’s work status within 7 days after the change may result
192 in revocation of the business entity’s access to the seaport.
193 (h) In addition to access permissions granted or denied by
194 seaports, access eligibility may be restricted or revoked by the
195 department if there is a reasonable suspicion that the person is
196 involved in terrorism or criminal violations that could affect
197 the security of a port or otherwise render the person ineligible
198 for seaport access.
199 (i) Any suspension or revocation of port access must be
200 reported by the seaport to the department within 24 hours after
201 such suspension or revocation.
202 (j) The submission of information known to be false or
203 misleading to the department for entry into the system is a
204 felony of the third degree, punishable as provided in s.
205 775.082 , s. 775.083 , or s. 775.084 .
206 (4) (6) ACCESS TO SECURE AND RESTRICTED AREAS.—
207 (a) Any person seeking authorization for unescorted access
208 to secure and restricted areas of a seaport must possess , unless
209 waived under paragraph (7)(e), a valid federal Transportation
210 Worker Identification Credential (TWIC).
211 (b) A seaport may not charge a fee for the administration
212 or production of any access control credential that requires or
213 is associated with a fingerprint-based background check, in
214 addition to the fee for the federal TWIC. Beginning July 1,
215 2013, a seaport may not charge a fee for a seaport-specific
216 access credential issued in addition to the federal TWIC, except
217 under the following circumstances:
218 1. The individual seeking to gain secured access is a new
219 hire as defined under 33 C.F.R. s. 105; or
220 2. The individual has lost or misplaced his or her federal
221 TWIC. and execute an affidavit under oath which provides TWIC
222 identification information and indicates the following:
223 1. The TWIC is currently valid and in full force and
225 2. The TWIC was not received through the waiver process for
226 disqualifying criminal history allowed by federal law.
227 3. He or she has not, in any jurisdiction, civilian or
228 military, been convicted of, entered a plea of guilty or nolo
229 contendere to, regardless of adjudication, or been found not
230 guilty by reason of insanity, of any disqualifying felony under
231 subsection (7) or any crime that includes the use or possession
232 of a firearm.
233 (b) Upon submission of a completed affidavit as provided in
234 paragraph (a), the completion of the state criminal history
235 check as provided in subsection (7), and payment of all required
236 fees under subsection (5), a seaport may grant the person access
237 to secure or restricted areas of the port.
238 (c) Any port granting a person access to secure or
239 restricted areas shall report the grant of access to the
240 Department of Law Enforcement for inclusion in the access
241 eligibility reporting system under subsection (5) within 3
242 business days.
243 (d) The submission of false information on the affidavit
244 required by this section is a felony of the third degree,
245 punishable as provided in s. 775.082 , s. 775.083 , or s. 775.084 .
246 Upon conviction for a violation of this provision, the person
247 convicted forfeits all privilege of access to secure or
248 restricted areas of a seaport and is disqualified from future
249 approval for access to such areas.
250 (e) Any affidavit form created for use under this
251 subsection must contain the following statement in conspicuous
252 type: “SUBMISSION OF FALSE INFORMATION ON THIS AFFIDAVIT IS A
253 FELONY UNDER FLORIDA LAW AND WILL, UPON CONVICTION, RESULT IN
254 DISQUALIFICATION FOR ACCESS TO A SECURE OR RESTRICTED AREA OF A
256 (f) Upon each 5-year renewal of a person’s TWIC, the person
257 must submit another affidavit as required by this subsection.
258 (7) CRIMINAL HISTORY SCREENING.—A fingerprint-based
259 criminal history check must be performed on employee applicants,
260 current employees, and other persons authorized to regularly
261 enter a secure or restricted area, or the entire seaport if the
262 seaport security plan does not designate one or more secure or
263 restricted areas.
264 (a) A person is disqualified from employment or unescorted
265 access if the person:
266 1. Was convicted of, or entered a plea of guilty or nolo
267 contendere to, regardless of adjudication, any of the offenses
268 listed in paragraph (b) in any jurisdiction, civilian or
269 military, including courts-martial conducted by the Armed Forces
270 of the United States, during the 7 years before the date of the
271 person’s application for access; or
272 2. Was released from incarceration, or any supervision
273 imposed as a result of sentencing, for committing any of the
274 disqualifying crimes listed in paragraph (b) in any
275 jurisdiction, civilian or military, during the 5 years before
276 the date of the person’s application for access.
277 (b) Disqualifying offenses include:
278 1. An act of terrorism as defined in s. 775.30 .
279 2. A violation involving a weapon of mass destruction or a
280 hoax weapon of mass destruction as provided in s. 790.166 .
281 3. Planting of a hoax bomb as provided in s. 790.165 .
282 4. A violation of s. 876.02 or s. 876.36 .
283 5. A violation of s. 860.065 .
284 6. Trafficking as provided in s. 893.135 .
285 7. Racketeering activity as provided in s. 895.03 .
286 8. Dealing in stolen property as provided in s. 812.019 .
287 9. Money laundering as provided in s. 896.101 .
288 10. Criminal use of personal identification as provided in
289 s. 817.568 .
290 11. Bribery as provided in s. 838.015 .
291 12. A violation of s. 316.302 , relating to the transport of
292 hazardous materials.
293 13. A forcible felony as defined in s. 776.08 .
294 14. A violation of s. 790.07 .
295 15. Any crime that includes the use or possession of a
297 16. A felony violation for theft as provided in s. 812.014 .
298 17. Robbery as provided in s. 812.13 .
299 18. Burglary as provided in s. 810.02 .
300 19. Any violation involving the sale, manufacture,
301 delivery, or possession with intent to sell, manufacture, or
302 deliver a controlled substance.
303 20. Any offense under the laws of another jurisdiction that
304 is similar to an offense listed in this paragraph.
305 21. Conspiracy or attempt to commit any of the offenses
306 listed in this paragraph.
307 (c) Each individual who is subject to a criminal history
308 check shall file a complete set of fingerprints taken in a
309 manner acceptable to the Department of Law Enforcement for state
310 processing. The results of the criminal history check must be
311 reported to the requesting seaport and may be shared among
313 (d) All fingerprints submitted to the Department of Law
314 Enforcement shall be retained by the department and entered into
315 the statewide automated fingerprint identification system
316 established in s. 943.05 (2)(b) and available for use in
317 accordance with s. 943.05 (2)(g) and (h). An arrest record that
318 is identified with the retained fingerprints of a person subject
319 to the screening shall be reported to the seaport where the
320 person has been granted access to a secure or restricted area.
321 If the fingerprints of a person who has been granted access were
322 not retained, or are otherwise not suitable for use by the
323 department, the person must be refingerprinted in a manner that
324 allows the department to perform its functions as provided in
325 this section.
326 (e) The Department of Law Enforcement shall establish a
327 waiver process for a person who does not have a TWIC, obtained a
328 TWIC though a federal waiver process, or is found to be
329 unqualified under paragraph (a) and denied employment by a
330 seaport or unescorted access to secure or restricted areas. If
331 the person does not have a TWIC and a federal criminal history
332 record check is required, the Department of Law Enforcement may
333 forward the person’s fingerprints to the Federal Bureau of
334 Investigation for a national criminal history record check. The
335 cost of the national check must be paid by the seaport, which
336 may collect it as reimbursement from the person.
337 1. Consideration for a waiver shall be based on the
338 circumstances of any disqualifying act or offense, restitution
339 made by the individual, and other factors from which it may be
340 determined that the individual does not pose a risk of engaging
341 in any act within the public seaports regulated under this
342 chapter that would pose a risk to or threaten the security of
343 the seaport and the public’s health, safety, or welfare.
344 2. The waiver process begins when an individual who has
345 been denied initial employment within or denied unescorted
346 access to secure or restricted areas of a public seaport submits
347 an application for a waiver and a notarized letter or affidavit
348 from the individual’s employer or union representative which
349 states the mitigating reasons for initiating the waiver process.
350 3. Within 90 days after receipt of the application, the
351 administrative staff of the Parole Commission shall conduct a
352 factual review of the waiver application. Findings of fact shall
353 be transmitted to the department for review. The department
354 shall make a copy of those findings available to the applicant
355 before final disposition of the waiver request.
356 4. The department shall make a final disposition of the
357 waiver request based on the factual findings of the
358 investigation by the Parole Commission. The department shall
359 notify the waiver applicant of the final disposition of the
361 5. The review process under this paragraph is exempt from
362 chapter 120.
363 6. By October 1 of each year, each seaport shall report to
364 the department each instance of denial of employment within, or
365 access to, secure or restricted areas, and each instance waiving
366 a denial occurring during the last 12 months. The report must
367 include the identity of the individual affected, the factors
368 supporting the denial or waiver, and any other material factors
369 used to make the determination.
370 (f) In addition to the waiver procedure established by the
371 Department of Law Enforcement under paragraph (e), each seaport
372 security plan may establish a procedure to appeal a denial of
373 employment or access based upon procedural inaccuracies or
374 discrepancies regarding criminal history factors established
375 pursuant to this subsection.
376 (g) Each seaport may allow immediate waivers on a temporary
377 basis to meet special or emergency needs of the seaport or its
378 users. Policies, procedures, and criteria for implementation of
379 this paragraph must be included in the seaport security plan.
380 All waivers granted by the seaports pursuant to this paragraph
381 must be reported to the department within 30 days after
383 (8) WAIVER FROM SECURITY REQUIREMENTS.—The Office of Drug
384 Control and the Department of Law Enforcement may modify or
385 waive any physical facility requirement or other requirement
386 contained in the minimum security standards upon a determination
387 that the purposes of the standards have been reasonably met or
388 exceeded by the seaport requesting the modification or waiver.
389 An alternate means of compliance must not diminish the safety or
390 security of the seaport and must be verified through an
391 extensive risk analysis conducted by the seaport director.
392 (a) Waiver requests shall be submitted in writing, along
393 with supporting documentation, to the Office of Drug Control and
394 the Department of Law Enforcement. The office and the department
395 have 90 days to jointly grant or reject the waiver, in whole or
396 in part.
397 (b) The seaport may submit any waivers that are not granted
398 or are jointly rejected to the Domestic Security Oversight
399 Council for review within 90 days. The council shall recommend
400 that the Office of Drug Control and the Department of Law
401 Enforcement grant the waiver or reject the waiver, in whole or
402 in part. The office and the department shall give great weight
403 to the council’s recommendations.
404 (c) A request seeking a waiver from the seaport law
405 enforcement personnel standards established under s. 311.122 (3)
406 may not be granted for percentages below 10 percent.
407 (d) Any modifications or waivers granted under this
408 subsection shall be noted in the annual report submitted by the
409 Department of Law Enforcement pursuant to subsection (10).
410 (9) INSPECTIONS.—It is the intent of the Legislature that
411 the state’s seaports adhere to security practices that are
412 consistent with the risks assigned to each seaport through the
413 ongoing risk assessment process established in paragraph (3)(a).
414 (a) The Department of Law Enforcement, or any entity
415 designated by the department, shall conduct at least one annual
416 unannounced inspection of each seaport to determine whether the
417 seaport is meeting the minimum security standards established
418 pursuant to subsection (1) and to identify seaport security
419 changes or improvements needed or otherwise recommended.
420 (b) The Department of Law Enforcement, or any entity
421 designated by the department, may conduct additional announced
422 or unannounced inspections or operations within or affecting any
423 seaport to test compliance with, or the effectiveness of,
424 security plans and operations at each seaport, to determine
425 compliance with physical facility requirements and standards, or
426 to assist the department in identifying changes or improvements
427 needed to bring a seaport into compliance with minimum security
429 (c) Within 30 days after completing the inspection report,
430 the department shall submit a copy of the report to the Domestic
431 Security Oversight Council.
432 (d) A seaport may request that the Domestic Security
433 Oversight Council review the findings in the department’s report
434 as they relate to the requirements of this section. The council
435 may review only those findings that are in dispute by the
436 seaport. In reviewing the disputed findings, the council may
437 concur in the findings of the department or the seaport or may
438 recommend corrective action to the seaport. The department and
439 the seaport shall give great weight to the council’s findings
440 and recommendations.
441 (e) All seaports shall allow the Department of Law
442 Enforcement, or an entity designated by the department,
443 unimpeded access to affected areas and facilities for the
444 purpose of plan or compliance inspections or other operations
445 authorized by this section.
446 (10) REPORTS.—The Department of Law Enforcement, in
447 consultation with the Office of Drug Control, shall annually
448 complete a report indicating the observations and findings of
449 all reviews, inspections, or other operations relating to the
450 seaports conducted during the year and any recommendations
451 resulting from such reviews, inspections, and operations. A copy
452 of the report shall be provided to the Governor, the President
453 of the Senate, the Speaker of the House of Representatives, the
454 governing body of each seaport or seaport authority, and each
455 seaport director. The report must include each director’s
456 response indicating what actions, if any, have been taken or are
457 planned to be taken pursuant to the observations, findings, and
458 recommendations reported by the department.
459 (11) FUNDING.—
460 (a) In making decisions regarding security projects or
461 other funding applicable to each seaport listed in s. 311.09 ,
462 the Legislature may consider the Department of Law Enforcement’s
463 annual report under subsection (10) as authoritative, especially
464 regarding each seaport’s degree of substantial compliance with
465 the minimum security standards established in subsection (1).
466 (b) The Legislature shall regularly review the ongoing
467 costs of operational security on seaports, the impacts of this
468 section on those costs, mitigating factors that may reduce costs
469 without reducing security, and the methods by which seaports may
470 implement operational security using a combination of sworn law
471 enforcement officers and private security services.
472 (c) Subject to the provisions of this chapter and
473 appropriations made for seaport security, state funds may not be
474 expended for security costs without certification of need for
475 such expenditures by the Office of Ports Administrator within
476 the Department of Law Enforcement.
477 (d) If funds are appropriated for seaport security, the
478 Office of Drug Control, the Department of Law Enforcement, and
479 the Florida Seaport Transportation and Economic Development
480 Council shall mutually determine the allocation of such funds
481 for security project needs identified in the approved seaport
482 security plans. Any seaport that receives state funds for
483 security projects must enter into a joint participation
484 agreement with the appropriate state entity and use the seaport
485 security plan as the basis for the agreement.
486 1. If funds are made available over more than 1 fiscal
487 year, the agreement must reflect the entire scope of the project
488 approved in the security plan and, as practicable, allow for
489 reimbursement for authorized projects over more than 1 year.
490 2. The agreement may include specific timeframes for
491 completion of a security project and the applicable funding
492 reimbursement dates. The agreement may also require a
493 contractual penalty of up to $1,000 per day to be imposed for
494 failure to meet project completion dates if state funding is
495 available. Any such penalty shall be deposited into the State
496 Transportation Trust Fund and used for seaport security
497 operations and capital improvements.
498 Section 9. Subsection (2) of section 311.121, Florida
499 Statutes, is amended to read:
500 311.121 Qualifications, training, and certification of
501 licensed security officers at Florida seaports.—
502 (2) The authority or governing board of each seaport
503 identified under s. 311.09 that is subject to the statewide
504 minimum seaport security standards referenced established in s.
505 311.12 shall require that a candidate for certification as a
506 seaport security officer:
507 (a) Has received a Class D license as a security officer
508 under chapter 493.
509 (b) Has successfully completed the certified training
510 curriculum for a Class D license or has been determined by the
511 Department of Agriculture and Consumer Services to have
512 equivalent experience as established by rule of the department.
513 (c) Has completed the training or training equivalency and
514 testing process established by this section for becoming a
515 certified seaport security officer.
516 Section 10. Subsection (1) of section 311.123, Florida
517 Statutes, is amended to read:
518 311.123 Maritime domain security awareness training
520 (1) The Florida Seaport Transportation and Economic
521 Development Council , in conjunction with the Department of Law
522 Enforcement and the Office of Drug Control within the Executive
523 Office of the Governor, shall create a maritime domain security
524 awareness training program to instruct all personnel employed
525 within a seaport’s boundaries about the security procedures
526 required of them for implementation of the seaport security plan
527 required under s. 311.12(2) (3).
528 Section 11. Subsection (1) of section 311.124, Florida
529 Statutes, is amended to read:
530 311.124 Trespassing; detention by a certified seaport
531 security officer.—
532 (1) Any Class D or Class G seaport security officer
533 certified under the federal Maritime Transportation Security Act
534 of 2002 guidelines and s. 311.121 or any employee of the seaport
535 security force certified under the federal Maritime
536 Transportation Security Act of 2002 guidelines and s. 311.121
537 who has probable cause to believe that a person is trespassing
538 pursuant to s. 810.08 or s. 810.09 or this chapter in a
539 designated secure or restricted area pursuant to s. 311.12(3) (4)
540 is authorized to detain such person in a reasonable manner for a
541 reasonable period of time pending the arrival of a law
542 enforcement officer, and such action does not render the
543 security officer criminally or civilly liable for false arrest,
544 false imprisonment, or unlawful detention.
546 ================= T I T L E A M E N D M E N T ================
547 And the title is amended as follows:
548 Delete line 48
549 and insert:
550 and filling activities in the preserve; amending s.
551 311.12, F.S.; deleting provisions relating to
552 statewide minimum standards for seaport security;
553 deleting provisions authorizing the Department of Law
554 Enforcement to exempt all or part of a seaport from
555 specified requirements in certain circumstances;
556 revising provisions relating to seaport security
557 plans; revising requirements for certain secure or
558 restricted areas; revising provisions relating to when
559 a part of a seaport property may temporarily be
560 designated as a secure or restricted area; deleting
561 provisions requiring that the Department of Law
562 Enforcement administer a statewide seaport access
563 eligibility reporting system; deleting provisions
564 requiring that persons seeking authorization to access
565 secure and restricted areas of a seaport execute an
566 affidavit; prohibiting a seaport from charging any fee
567 for administration or production of access control
568 credentials that require or are associated with a
569 fingerprint-based background check, in addition to the
570 fee for the federal TWIC; providing exceptions;
571 providing for issuance of seaport-specific access
572 credentials; deleting provisions requiring
573 fingerprint-based state criminal history checks on
574 seaport employee applicants, current employees, and
575 other authorized persons; deleting provisions
576 authorizing waivers from security requirements in
577 certain circumstances; deleting provisions relating to
578 inspections; deleting reporting requirements; deleting
579 the provisions relating to the allocation of
580 appropriated funds for security project needs;
581 amending s. 311.121, F.S.; conforming provisions to
582 changes made by the act; amending s. 311.123, F.S.;
583 revising who may create a maritime domain security
584 awareness training program; conforming provisions to
585 changes made by the act; amending s. 311.124, F.S.;
586 conforming provisions to changes made by the act;
587 amending s.