Senate Bill sb1616c2

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    Florida Senate - 2003                    CS for CS for SB 1616

    By the Committees on Appropriations; Home Defense, Public
    Security, and Ports; and Senator Dockery




    309-2548-03

  1                      A bill to be entitled

  2         An act relating to seaport security; amending

  3         s. 311.12, F.S., relating to seaport security

  4         standards; authorizing the Department of Law

  5         Enforcement to exempt an inactive seaport from

  6         certain requirements; revising circumstances

  7         under which employment by or access to a

  8         seaport may be denied; providing additional

  9         offenses that disqualify a person from

10         employment within or regular access to a

11         seaport or restricted access area; prohibiting

12         a seaport from imposing access restrictions

13         that exceed the statewide minimum requirements;

14         creating s. 311.125, F.S.; establishing the

15         Uniform Port Access Credential System, to be

16         administered by the Department of Highway

17         Safety and Motor Vehicles; requiring seaports

18         that are subject to statewide minimum security

19         standards to comply with the system's

20         requirements by a specified date; specifying

21         system requirements; providing requirements for

22         the Uniform Port Access Credential Card;

23         requiring an initial fingerprint-based criminal

24         history check of card applicants; requiring

25         additional criminal history checks; requiring

26         employers to notify a seaport if an employee

27         having access is terminated, resigns, is

28         incapacitated, or dies; providing a procedure

29         for placing a card in an inactive status;

30         providing for reactivation of a card;

31         authorizing revocation of a business entity's

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 1         access to a seaport upon failure to report a

 2         change in the work status of an employee;

 3         providing requirements for access to restricted

 4         areas and nonrestricted areas within a seaport;

 5         providing requirements for a visitor's pass to

 6         be issued by seaports; authorizing seaports to

 7         charge for the cost of conducting criminal

 8         history checks and issuing the Uniform Port

 9         Access Credential Card; providing for seizure

10         of a Uniform Port Access Credential Card by a

11         law enforcement officer under certain

12         circumstances; providing a timeframe for

13         seaports to comply with the requirements of the

14         act; requiring the Department of Law

15         Enforcement to update a seaport security

16         compliance plan; providing that implementation

17         is contingent on the receipt of federal grant

18         funds; providing an effective date.

19  

20  Be It Enacted by the Legislature of the State of Florida:

21  

22         Section 1.  Section 311.12, Florida Statutes, is

23  amended to read:

24         311.12  Seaport security standards.--

25         (1)(a)  The statewide minimum standards for seaport

26  security for each seaport identified in s. 311.09 shall be

27  those based upon the Florida Seaport Security Assessment 2000

28  and set forth in the "Port Security Standards--Compliance

29  Plan" delivered to the Speaker of the House of Representatives

30  and the President of the Senate on December 11, 2000, pursuant

31  to this section. The statewide minimum standards are hereby

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 1  adopted. The Office of Drug Control within the Executive

 2  Office of the Governor shall maintain a sufficient number of

 3  copies of the standards for use of the public, at its offices,

 4  and shall provide copies to each affected seaport upon

 5  request.

 6         (b)  The Department of Law Enforcement may exempt any

 7  seaport identified in s. 311.09 from all or part of the

 8  requirements of subsections (1) through (5) if the department

 9  determines that the seaport is not active. The department

10  shall periodically review exempted seaports to determine if

11  there is maritime activity at the seaport. A change in status

12  from inactive to active may warrant removal of all or part of

13  any exemption provided by the department.

14         (2)  Each seaport identified in s. 311.09 shall

15  maintain a security plan relating to the specific and

16  identifiable needs of the seaport which assures that the

17  seaport is in substantial compliance with the statewide

18  minimum standards established pursuant to subsection (1). Each

19  plan adopted or revised pursuant to this subsection must be

20  reviewed and approved by the Office of Drug Control and the

21  Department of Law Enforcement. All such seaports shall allow

22  unimpeded access by the Department of Law Enforcement to the

23  affected facilities for purposes of inspections or other

24  operations authorized by this section. Each seaport security

25  plan may establish restricted access areas within the seaport

26  consistent with the requirements of the statewide minimum

27  standards. In such cases, a Uniform Port Access Credential

28  Card, authorizing restricted-area access, Restricted Access

29  Area Permit shall be required for any individual working

30  within or authorized to regularly enter a restricted access

31  area and the requirements in subsection (3) relating to

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 1  criminal history checks and employment restrictions shall be

 2  applicable only to employees or other persons working within

 3  or authorized to regularly enter a restricted access area.

 4  Every seaport security plan shall set forth the conditions and

 5  restrictions to be imposed upon others visiting the port or

 6  any restricted access area sufficient to provide substantial

 7  compliance with the statewide minimum standards.

 8         (3)(a)  A fingerprint-based criminal history check

 9  shall be performed on any applicant for employment, every

10  current employee, and other persons as designated pursuant to

11  the seaport security plan for each seaport. The criminal

12  history check shall be performed in connection with employment

13  within or other authorized regular access to a restricted

14  access area or the entire seaport if the seaport security plan

15  does not designate one or more restricted access areas. With

16  respect to employees or others with regular access, such

17  checks shall be performed at least once every 5 years or at

18  other more frequent intervals as provided by the seaport

19  security plan. Each individual subject to the background

20  criminal history check shall file a complete set of

21  fingerprints taken in a manner required by the Department of

22  Law Enforcement and the seaport security plan. Fingerprints

23  shall be submitted to the Department of Law Enforcement for

24  state processing and to the Federal Bureau of Investigation

25  for federal processing. The results of each fingerprint-based

26  check shall be reported to the requesting seaport. The costs

27  of the checks, consistent with s. 943.053(3), shall be paid by

28  the seaport or other employing entity or by the person

29  checked.

30         (b)  By January 1, 2002, each seaport security plan

31  shall identify criminal convictions or other criminal history

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 1  factors consistent with paragraph (c) which shall disqualify a

 2  person from either initial seaport employment or new

 3  authorization for regular access to seaport property or to a

 4  restricted access area. Such factors shall be used to

 5  disqualify all applicants for employment or others seeking

 6  regular access to the seaport or restricted access area on or

 7  after January 1, 2002, and may be used to disqualify all those

 8  employed or authorized for regular access on that date. Each

 9  seaport security plan may establish a procedure to appeal a

10  denial of employment or access based upon procedural

11  inaccuracies or discrepancies regarding criminal history

12  factors established pursuant to this paragraph. The Department

13  of Law Enforcement may authorize The appeal procedure may

14  allow the granting of waivers or conditional employment or

15  access. In addition, a seaport may allow waivers on a

16  temporary basis to meet special or emergency needs of the

17  seaport or its users. Policies, procedures, and criteria for

18  implementation of this subsection shall be included in the

19  seaport security plan.

20         (c)  In addition to other requirements for employment

21  or access established by each seaport pursuant to its seaport

22  security plan, each seaport security plan shall provide that:

23         1.  Any person who has within the past 5 years been

24  convicted, regardless of whether adjudication was withheld,

25  for a forcible felony as defined in s. 776.08; an act of

26  terrorism as defined in s. 775.30; planting of a hoax bomb as

27  provided in s. 790.165; any violation involving the

28  manufacture, possession, sale, delivery, display, use, or

29  attempted or threatened use of a weapon of mass destruction or

30  hoax weapon of mass destruction as provided in s. 790.166;

31  dealing in stolen property; any violation of s. 893.135; any

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 1  violation involving the sale, manufacturing, delivery, or

 2  possession with intent to sell, manufacture, or deliver a

 3  controlled substance; burglary; robbery; any violation of s.

 4  790.07; any crime an element of which includes use or

 5  possession of a firearm; any conviction for any similar

 6  offenses under the laws of another jurisdiction; or conviction

 7  for conspiracy to commit any of the listed offenses shall not

 8  be qualified for initial employment within or regular access

 9  to a seaport or restricted access area; and

10         2.  Any person who has at any time been convicted for

11  any of the listed offenses shall not be qualified for initial

12  employment within or authorized regular access to a seaport or

13  restricted access area unless, after release from

14  incarceration and any supervision imposed as a sentence, the

15  person remained free from a subsequent conviction, regardless

16  of whether adjudication was withheld, for any of the listed

17  offenses for a period of at least 5 years prior to the

18  employment or access date under consideration.

19         (d)  By October 1 of each year, each seaport shall

20  report to the Department of Law Enforcement each determination

21  of denial of employment or access, and any determination to

22  authorize employment or access after an appeal of a denial

23  made during the previous 12 months. The report shall include

24  the identity of the individual affected, the factors

25  supporting the determination, any special condition imposed,

26  and any other material factors used in making the

27  determination.

28         (4)(a)  Subject to the provisions of subsection (6),

29  each affected seaport shall begin to implement its security

30  plan developed under this section by July 1, 2001.

31  

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 1         (b)  The Office of Drug Control and the Department of

 2  Law Enforcement may modify or waive any physical facility or

 3  other requirement contained in the statewide minimum standards

 4  for seaport security upon a finding or other determination

 5  that the purposes of the standards have been reasonably met or

 6  exceeded by the seaport requesting the modification or waiver.

 7  Such modifications or waivers shall be noted in the annual

 8  report submitted by the Department of Law Enforcement pursuant

 9  to this subsection.

10         (c)  Beginning with the 2001-2002 fiscal year, the

11  Department of Law Enforcement, or any entity designated by the

12  department, shall conduct no less than one annual unannounced

13  inspection of each seaport listed in s. 311.09 to determine

14  whether the seaport is meeting the minimum standards

15  established pursuant to this section, and to identify seaport

16  security changes or improvements necessary or otherwise

17  recommended. The Department of Law Enforcement, or any entity

18  designated by the department, may conduct additional announced

19  or unannounced inspections or operations within or affecting

20  any affected seaport to test compliance with, or the

21  effectiveness of, security plans and operations at each

22  seaport, to determine compliance with physical facility

23  requirements and standards, or to assist the department in

24  identifying changes or improvements necessary to bring a

25  seaport into compliance with the statewide minimum security

26  standards.

27         (d)  By December 31, 2001, and annually thereafter, the

28  Department of Law Enforcement, in consultation with the Office

29  of Drug Control, shall complete a report indicating the

30  observations and findings of all inspections or operations

31  conducted during the year and any recommendations developed by

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 1  reason of such inspections. A copy of the report shall be

 2  provided to the Governor, the President of the Senate, the

 3  Speaker of the House of Representatives, and the chief

 4  administrator of each seaport inspected. The report shall

 5  include responses from the chief administrator of any seaport

 6  indicating what actions, if any, have been taken or are

 7  planned to be taken in response to the recommendations,

 8  observations, and findings reported by the department.

 9         (e)  In making security project or other funding

10  decisions applicable to each seaport listed in s. 311.09, the

11  Legislature may consider as authoritative the annual report of

12  the Department of Law Enforcement required by this section,

13  especially regarding each seaport's degree of substantial

14  compliance with the statewide minimum security standards

15  established by this section.

16         (5)  Nothing in this section shall be construed as

17  preventing any seaport from implementing security measures

18  that are more stringent, greater than, or supplemental to the

19  statewide minimum standards established by this section except

20  that, for purposes of employment and access, each seaport

21  shall adhere to the requirements provided in paragraph (c) and

22  shall not exceed statewide minimum requirements.

23         (6)  When funds are appropriated for seaport security,

24  the Office of Drug Control and the Florida Seaport

25  Transportation and Economic Development Council shall mutually

26  determine the allocation of such funds for security project

27  needs identified in the approved seaport security plans

28  required by this section. Any seaport that receives state

29  funds for security projects must enter into a joint

30  participation agreement with the appropriate state entity and

31  must use the seaport security plan developed pursuant to this

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 1  section as the basis for the agreement. If funds are made

 2  available over more than one fiscal year, such agreement must

 3  reflect the entire scope of the project approved in the

 4  security plan and, as practicable, allow for reimbursement for

 5  authorized projects over more than 1 year. The joint

 6  participation agreement may include specific timeframes for

 7  completion of a security project and the applicable funding

 8  reimbursement dates. The joint participation agreement may

 9  also require a contractual penalty, not to exceed $1,000 per

10  day, to be imposed for failure to meet project completion

11  dates provided state funding is available. Any such penalty

12  shall be deposited into the State Transportation Trust Fund to

13  be used for seaport security operations and capital

14  improvements.

15         Section 2.  Section 311.125, Florida Statutes, is

16  created to read:

17         311.125  Uniform Port Access Credential System.--

18         (1)  By July 1, 2004, each seaport identified in s.

19  311.09 and subject to the statewide minimum seaport security

20  standards set forth in s. 311.12 shall be required to use a

21  Uniform Port Access Credential Card that is accepted at all

22  identified seaports. Each seaport shall be responsible for the

23  proper operation and maintenance of the system at its location

24  to control access security within the boundaries of that

25  seaport. The Uniform Port Access Credentialing System shall be

26  administered by the Department of Highway Safety and Motor

27  Vehicles. All Uniform Port Access Credential Cards for the

28  identified seaports shall be issued by the department to the

29  designated port authority, or recognized governing board, of

30  the requesting seaport for distribution to the credential

31  applicant. The Uniform Port Access Credentialing System shall

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 1  ensure that only authorized workers or those personnel whose

 2  duties require unescorted access to restricted, secure

 3  transportation areas are permitted entry into such areas.

 4         (2)  The department, in consultation with the

 5  Department of Law Enforcement and the United States

 6  Transportation Security Administration, shall develop a

 7  uniform system for credentialing all persons working on a

 8  seaport, as defined in s. 311.12(2) and set forth in the "Port

 9  Security Standards Compliance Plan" delivered to the Speaker

10  of the House of Representatives and the President of the

11  Senate on December 11, 2000, pursuant to s. 311.12.  The

12  system shall be designed to conform, as closely as possible,

13  with criteria established by the United States Transportation

14  Security Administration for a Transportation Worker

15  Identification Card, or similar identification, as required by

16  federal law. The system shall, at a minimum, consist of:

17         (a)  A centralized, secure database for collecting and

18  maintaining fingerprints and other biometric means of

19  identity, and other information pertaining to personal

20  identification of persons working on, or doing business at, a

21  Florida seaport as set forth in s. 311.12;

22         (b)  A methodology for receiving data from each port

23  and transmitting data to each port regarding access

24  permissions;

25         (c)  Technology required for each gate and portal at

26  each seaport to be interactive with the access permission

27  system during all hours of operation;

28         (d)  The ability to identify persons who have violated

29  the access requirements of s. 311.12 and to deactivate the

30  access permissions of those persons; and

31         (e)  A unique and uniform port access credential card.

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 1  

 2  Such system shall be designed to ensure the seaport workers'

 3  privacy to the maximum extent possible consistent with

 4  security requirements.

 5         (3)  The Uniform Port Access Credential Card must

 6  include at a minimum a digital full-face photograph, a digital

 7  fingerprint, a multilayered security process, a

 8  two-dimensional barcode with technology specifications that

 9  will allow the unique biometric identifiers to reside in the

10  barcode, a unique identifying code or number, scanning

11  capability to compare required identifiers with information on

12  file in the central database, and background color

13  differentials for visual identification of access permissions.

14         (4)  A fingerprint-based criminal history check shall

15  be performed on an applicant for a Uniform Port Access

16  Credential Card as provided in s. 311.12(3). Based upon review

17  of the criminal history check, each seaport may determine the

18  specific access permissions that will be granted to that

19  applicant. Upon receipt of a port authority "Notification of

20  Access Permission" form and a copy of the criminal history

21  check, the department shall issue a Uniform Port Access

22  Credential Card to the port authority for distribution to the

23  applicant.  Upon issuance of the Uniform Port Access

24  Credential Card, the cardholder is eligible to enter any

25  seaport in the system, based on the level of permission

26  allowed.

27         (5)  A Uniform Port Access Credential Card is valid for

28  4 years following the date of issuance.  Criminal history

29  checks may be performed on a random basis, but at least once a

30  year, during the period that such credential card is active to

31  ensure that the credential holder complies with the

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 1  requirements for access to restricted areas provided in s.

 2  311.12(3).  Failure to complete any part of the required

 3  credential application process, or failure to comply with the

 4  criminal history clearances, shall be grounds for immediate

 5  denial of access. Access authority may be restricted or

 6  revoked by the Department of Highway Safety and Motor Vehicles

 7  or the Department of Law Enforcement if the cardholder is

 8  suspected of criminal violations that could affect the

 9  security of a port or that otherwise render the cardholder

10  ineligible for port access, upon suspicion that the person in

11  possession of the card is using it, or attempting to use it,

12  fraudulently, or if restriction or revocation is done to

13  assure the security of any port or portion thereof.

14         (6)  Corporations, persons, or other business entities

15  that employ persons to work on, or do business at, seaports

16  regulated in s. 311.12 shall notify those seaports for which

17  those employees have access permissions in the event of the

18  employee's termination, resignation, work-related

19  incapacitation, or death. Uniform Port Access Credential Card

20  accesses for persons not currently employed to perform a job

21  on a seaport shall be placed in an inactive status. Upon

22  notification of a work status change, the port authority, or

23  recognized governing board, shall notify the department to

24  have the credential card placed in an inactive status.

25  Inactive status shall continue until the expiration of the

26  credential card or reactivation of the card by petition. The

27  former employee may have the credential card reactivated by

28  petitioning a seaport. The port authority, or recognized

29  governing board, of any seaport may determine that the

30  individual is employed by another appropriate entity or is

31  self-employed for purposes of performing work on the seaport.

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 1  Upon that determination, the port authority, or recognized

 2  governing board, may request reactivation of credentialing

 3  permissions. All such cards may be restricted or revoked as

 4  provided in subsection (5).

 5         (7)  Failure to report a change in work status, as

 6  defined in this section, within 7 days after the action may

 7  result in revocation of the business entity's access to the

 8  seaport.

 9         (8)  A Uniform Port Access Credential Card shall

10  provide access to all seaports identified in s. 311.09, as

11  regulated in s. 311.12. Each person working on a seaport, as

12  regulated in s. 311.12(2), shall be issued a Uniform Port

13  Access Credential Card upon completion of the application

14  process. A person working in a restricted access area must

15  meet the requirements of s. 311.12(3). The Uniform Port Access

16  Credential Card shall be clearly marked for visual

17  verification of the cardholder's permission for access to a

18  restricted area, pursuant to the "Port Security Standards -

19  Compliance Plan," referenced in s. 311.12(1). The card must

20  contain biometric verification of the cardholder's identity

21  and proper access permissions.  Entrance to a restricted

22  access area, as defined in s. 311.12(2), shall require a

23  machine check and fingerprint verification of each person's

24  Uniform Port Access Credential Card for proper identification.

25  Seaports that have restricted access areas adjacent to

26  nonrestricted areas within the seaport must provide a

27  secondary machine check and fingerprint verification of each

28  person's credentials upon arrival at a gated entrance to all

29  restricted access areas within the seaport. Exit from any

30  gated area of a seaport shall require a machine check of the

31  credential card.

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 1         (9)  Each person arriving at a restricted area of a

 2  seaport must, at a minimum, stop at a check point, show valid

 3  identification, and receive a visitor's pass in order to

 4  proceed. The visitor's pass must be plainly displayed on the

 5  person of the visitor or in the windshield of the vehicle and

 6  designate what area of the seaport may be accessed by the

 7  visitor.  Public conveyances carrying multiple passengers onto

 8  seaport property, such as buses, must be able to verify that

 9  all passengers have legitimate business on the seaport.

10  Failure to display the visitor's pass shall result in

11  revocation of a worker's permission to work on the seaport.

12  Procedures for implementation of this process is the

13  responsibility of each seaport.

14         (10)  The price of a Uniform Port Access Credential

15  Card shall be set by the department and shall reflect the cost

16  of the required criminal history checks, including the cost of

17  the initial state and federal fingerprint check and the annual

18  criminal history check and the cost of production and issuance

19  of the card by the department.  Seaports may charge an

20  additional administrative fee, not to exceed $25, to cover the

21  costs of issuing credentials to its employees and persons

22  doing business at the seaport.

23         (11)  Each Uniform Port Access Credential Card remains

24  the property of the State of Florida. Any person possessing

25  such a card shall provide it to any law enforcement officer

26  upon request. A law enforcement officer having reasonable

27  suspicion to believe that a card is possessed or is being used

28  in violation of law or the standards provided by this section,

29  or in any other manner that raises a concern about the safety

30  and security of a seaport, may seize the card. A cardholder

31  

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 1  has no cause of action against any law enforcement officer who

 2  seizes a Uniform Port Access Credential Card.

 3         (12)  Each seaport defined in s. 311.09 and required to

 4  meet the minimum security standards set forth in s. 311.12

 5  shall comply with technology improvement requirements for the

 6  activation of the Uniform Port Access Credential System no

 7  later than July 1, 2004.  Equipment and technology

 8  requirements shall be specified by the department no later

 9  than July 1, 2003.  The system shall be implemented at the

10  earliest possible time that all seaports have active

11  technology in place, but no later than July 1, 2004.

12         (13)  The "Port Security Standards Compliance Plan"

13  delivered to the Speaker of the House of Representatives and

14  the President of the Senate on December 11, 2000, pursuant to

15  s. 311.12, shall be updated by the Department of Law

16  Enforcement to reflect the changes made by this act.

17         (14)  This section shall be contingent on the receipt

18  of the federal grant funds necessary to implement the Uniform

19  Port Access Credential System.

20         Section 3.  This act shall take effect upon becoming a

21  law.

22  

23          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
24                      Senate Bill CS/SB 1616

25                                 

26  The committee substitute makes implementation of the Uniform
    Port Access Credential System contingent on receipt of federal
27  funds.

28  

29  

30  

31  

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