HB 1801 2003
1	A bill to be entitled
2	An act relating to seaport security standards; amending s.
3	311.12, F.S.; authorizing the Department of Law
4	Enforcement to exempt from security requirements any
5	seaport that meets certain conditions; requiring periodic
6	review of exemptions; providing an effective date.
7
8	Be It Enacted by the Legislature of the State of Florida:
9
10	Section 1. Section 311.12, Florida Statutes, is amended to
11	read:
12	311.12 Seaport security standards.--
13	(1)(a)The statewide minimum standards for seaport
14	security for each seaport identified in s. 311.09 shall be those
15	based upon the Florida Seaport Security Assessment 2000 and set
16	forth in the "Port Security Standards--Compliance Plan"
17	delivered to the Speaker of the House of Representatives and the
18	President of the Senate on December 11, 2000, pursuant to this
19	section. The statewide minimum standards are hereby adopted. The
20	Office of Drug Control within the Executive Office of the
21	Governor shall maintain a sufficient number of copies of the
22	standards for use of the public, at its offices, and shall
23	provide copies to each affected seaport upon request.
24	(b) The Department of Law Enforcement may exempt any
25	seaport identified in s. 311.09 from all or part of the
26	requirements of subsections (1)-(5) if that department
27	determines that the level of maritime activity at the seaport
28	does not require compliance with all or part of the minimum
29	statewide standards. The Department of Law Enforcement shall
30	periodically review the level of activity at each exempted
31	seaport to determine if activities at the seaport warrant
32	removal of all or part of any exemption provided by that
33	department.
34	(2) Each seaport identified in s. 311.09 shall maintain a
35	security plan relating to the specific and identifiable needs of
36	the seaport which assures that the seaport is in substantial
37	compliance with the statewide minimum standards established
38	pursuant to subsection (1). Each plan adopted or revised
39	pursuant to this subsection must be reviewed and approved by the
40	Office of Drug Control and the Department of Law Enforcement.
41	All such seaports shall allow unimpeded access by the Department
42	of Law Enforcement to the affected facilities for purposes of
43	inspections or other operations authorized by this section. Each
44	seaport security plan may establish restricted access areas
45	within the seaport consistent with the requirements of the
46	statewide minimum standards. In such cases, a Restricted Access
47	Area Permit shall be required for any individual working within
48	or authorized to regularly enter a restricted access area and
49	the requirements in subsection (3) relating to criminal history
50	checks and employment restrictions shall be applicable only to
51	employees or other persons working within or authorized to
52	regularly enter a restricted access area. Every seaport security
53	plan shall set forth the conditions and restrictions to be
54	imposed upon others visiting the port or any restricted access
55	area sufficient to provide substantial compliance with the
56	statewide minimum standards.
57	(3)(a) A fingerprint-based criminal history check shall be
58	performed on any applicant for employment, every current
59	employee, and other persons as designated pursuant to the
60	seaport security plan for each seaport. The criminal history
61	check shall be performed in connection with employment within or
62	other authorized regular access to a restricted access area or
63	the entire seaport if the seaport security plan does not
64	designate one or more restricted access areas. With respect to
65	employees or others with regular access, such checks shall be
66	performed at least once every 5 years or at other more frequent
67	intervals as provided by the seaport security plan. Each
68	individual subject to the background criminal history check
69	shall file a complete set of fingerprints taken in a manner
70	required by the Department of Law Enforcement and the seaport
71	security plan. Fingerprints shall be submitted to the Department
72	of Law Enforcement for state processing and to the Federal
73	Bureau of Investigation for federal processing. The results of
74	each fingerprint-based check shall be reported to the requesting
75	seaport. The costs of the checks, consistent with s. 943.053(3),
76	shall be paid by the seaport or other employing entity or by the
77	person checked.
78	(b) By January 1, 2002, each seaport security plan shall
79	identify criminal convictions or other criminal history factors
80	consistent with paragraph (c) which shall disqualify a person
81	from either initial seaport employment or new authorization for
82	regular access to seaport property or to a restricted access
83	area. Such factors shall be used to disqualify all applicants
84	for employment or others seeking regular access to the seaport
85	or restricted access area on or after January 1, 2002, and may
86	be used to disqualify all those employed or authorized for
87	regular access on that date. Each seaport security plan may
88	establish a procedure to appeal a denial of employment or access
89	based upon criminal history factors established pursuant to this
90	paragraph. The appeal procedure may allow the granting of
91	waivers or conditional employment or access. In addition, a
92	seaport may allow waivers on a temporary basis to meet special
93	or emergency needs of the seaport or its users. Policies,
94	procedures, and criteria for implementation of this subsection
95	shall be included in the seaport security plan.
96	(c) In addition to other requirements for employment or
97	access established by each seaport pursuant to its seaport
98	security plan, each seaport security plan shall provide that:
99	1. Any person who has within the past 5 years been
100	convicted, regardless of whether adjudication was withheld, for
101	dealing in stolen property; any violation of s. 893.135; any
102	violation involving the sale, manufacturing, delivery, or
103	possession with intent to sell, manufacture, or deliver a
104	controlled substance; burglary; robbery; any violation of s.
105	790.07; any crime an element of which includes use or possession
106	of a firearm; any conviction for any similar offenses under the
107	laws of another jurisdiction; or conviction for conspiracy to
108	commit any of the listed offenses shall not be qualified for
109	initial employment within or regular access to a seaport or
110	restricted access area; and
111	2. Any person who has at any time been convicted for any
112	of the listed offenses shall not be qualified for initial
113	employment within or authorized regular access to a seaport or
114	restricted access area unless, after release from incarceration
115	and any supervision imposed as a sentence, the person remained
116	free from a subsequent conviction, regardless of whether
117	adjudication was withheld, for any of the listed offenses for a
118	period of at least 5 years prior to the employment or access
119	date under consideration.
120	(d) By October 1 of each year, each seaport shall report
121	to the Department of Law Enforcement each determination of
122	denial of employment or access, and any determination to
123	authorize employment or access after an appeal of a denial made
124	during the previous 12 months. The report shall include the
125	identity of the individual affected, the factors supporting the
126	determination, any special condition imposed, and any other
127	material factors used in making the determination.
128	(4)(a) Subject to the provisions of subsection (6), each
129	affected seaport shall begin to implement its security plan
130	developed under this section by July 1, 2001.
131	(b) The Office of Drug Control and the Department of Law
132	Enforcement may modify or waive any physical facility or other
133	requirement contained in the statewide minimum standards for
134	seaport security upon a finding or other determination that the
135	purposes of the standards have been reasonably met or exceeded
136	by the seaport requesting the modification or waiver. Such
137	modifications or waivers shall be noted in the annual report
138	submitted by the Department of Law Enforcement pursuant to this
139	subsection.
140	(c) Beginning with the 2001-2002 fiscal year, the
141	Department of Law Enforcement, or any entity designated by the
142	department, shall conduct no less than one annual unannounced
143	inspection of each seaport listed in s. 311.09 to determine
144	whether the seaport is meeting the minimum standards established
145	pursuant to this section, and to identify seaport security
146	changes or improvements necessary or otherwise recommended. The
147	Department of Law Enforcement, or any entity designated by the
148	department, may conduct additional announced or unannounced
149	inspections or operations within or affecting any affected
150	seaport to test compliance with, or the effectiveness of,
151	security plans and operations at each seaport, to determine
152	compliance with physical facility requirements and standards, or
153	to assist the department in identifying changes or improvements
154	necessary to bring a seaport into compliance with the statewide
155	minimum security standards.
156	(d) By December 31, 2001, and annually thereafter, the
157	Department of Law Enforcement, in consultation with the Office
158	of Drug Control, shall complete a report indicating the
159	observations and findings of all inspections or operations
160	conducted during the year and any recommendations developed by
161	reason of such inspections. A copy of the report shall be
162	provided to the Governor, the President of the Senate, the
163	Speaker of the House of Representatives, and the chief
164	administrator of each seaport inspected. The report shall
165	include responses from the chief administrator of any seaport
166	indicating what actions, if any, have been taken or are planned
167	to be taken in response to the recommendations, observations,
168	and findings reported by the department.
169	(e) In making security project or other funding decisions
170	applicable to each seaport listed in s. 311.09, the Legislature
171	may consider as authoritative the annual report of the
172	Department of Law Enforcement required by this section,
173	especially regarding each seaport's degree of substantial
174	compliance with the statewide minimum security standards
175	established by this section.
176	(5) Nothing in this section shall be construed as
177	preventing any seaport from implementing security measures that
178	are more stringent, greater than, or supplemental to the
179	statewide minimum standards established by this section.
180	(6) When funds are appropriated for seaport security, the
181	Office of Drug Control and the Florida Seaport Transportation
182	and Economic Development Council shall mutually determine the
183	allocation of such funds for security project needs identified
184	in the approved seaport security plans required by this section.
185	Any seaport that receives state funds for security projects must
186	enter into a joint participation agreement with the appropriate
187	state entity and must use the seaport security plan developed
188	pursuant to this section as the basis for the agreement. If
189	funds are made available over more than one fiscal year, such
190	agreement must reflect the entire scope of the project approved
191	in the security plan and, as practicable, allow for
192	reimbursement for authorized projects over more than 1 year. The
193	joint participation agreement may include specific timeframes
194	for completion of a security project and the applicable funding
195	reimbursement dates. The joint participation agreement may also
196	require a contractual penalty, not to exceed $1,000 per day, to
197	be imposed for failure to meet project completion dates provided
198	state funding is available. Any such penalty shall be deposited
199	into the State Transportation Trust Fund to be used for seaport
200	security operations and capital improvements.
201	Section 2. This act shall take effect upon becoming a law.