| 1 | A bill to be entitled |
| 2 | An act relating to seaport security standards; amending s. |
| 3 | 311.12, F.S.; requiring that each seaport security plan |
| 4 | have a procedure that notifies an individual that he or |
| 5 | she is disqualified from employment within, or regular |
| 6 | access to, a seaport or a seaport's restricted access |
| 7 | area; requiring each plan to include a procedure by which |
| 8 | the individual may appeal the decision of the seaport; |
| 9 | directing a seaport to have its procedures in substantial |
| 10 | compliance with federal regulations; providing criteria |
| 11 | for seaports to consider for inclusion in procedures for |
| 12 | appeals and waivers from disqualification; providing that |
| 13 | an individual remain free from subsequent convictions for |
| 14 | 5 years before seeking employment in, or access to, a |
| 15 | seaport; requiring each seaport to report to the |
| 16 | Department of Law Enforcement by a specified date the |
| 17 | number of waivers from disqualification issued in the |
| 18 | previous 12 months; amending s. 311.125, F.S.; conforming |
| 19 | provisions to changes made by the act; reenacting s. |
| 20 | 315.02(6), F.S., relating to the definitions for the 1959 |
| 21 | Port Facilities Financing Law, for the purpose of |
| 22 | incorporating the amendment to s. 311.12, F.S., in a |
| 23 | reference thereto; providing an effective date. |
| 24 |
|
| 25 | Be It Enacted by the Legislature of the State of Florida: |
| 26 |
|
| 27 | Section 1. Section 311.12, Florida Statutes, is amended to |
| 28 | read: |
| 29 | 311.12 Seaport security standards.-- |
| 30 | (1)(a) The statewide minimum standards for seaport |
| 31 | security for each seaport identified in s. 311.09 shall be those |
| 32 | based upon the Florida Seaport Security Assessment 2000 and set |
| 33 | forth in the "Port Security Standards--Compliance Plan" |
| 34 | delivered to the Speaker of the House of Representatives and the |
| 35 | President of the Senate on December 11, 2000, under pursuant to |
| 36 | this section. The statewide minimum standards are hereby |
| 37 | adopted. The Office of Drug Control within the Executive Office |
| 38 | of the Governor shall maintain a sufficient number of copies of |
| 39 | the standards for use of the public, at its offices, and shall |
| 40 | provide copies to each affected seaport upon request. |
| 41 | (b) The Department of Law Enforcement may exempt any |
| 42 | seaport identified in s. 311.09 from all or part of the |
| 43 | requirements of subsections (1)-(5) if the department determines |
| 44 | that the seaport is not active. The department shall |
| 45 | periodically review exempted seaports to determine if there is |
| 46 | maritime activity at the seaport. A change in status from |
| 47 | inactive to active may warrant removal of all or part of any |
| 48 | exemption provided by the department. |
| 49 | (2) Each seaport identified in s. 311.09 shall maintain a |
| 50 | security plan relating to the specific and identifiable needs of |
| 51 | the seaport which assures that the seaport is in substantial |
| 52 | compliance with the statewide minimum standards established |
| 53 | under pursuant to subsection (1). Each plan adopted or revised |
| 54 | under pursuant to this subsection must be reviewed and approved |
| 55 | by the Office of Drug Control and the Department of Law |
| 56 | Enforcement. All such seaports shall allow unimpeded access by |
| 57 | the Department of Law Enforcement to the affected facilities for |
| 58 | purposes of inspections or other operations authorized by this |
| 59 | section. Each seaport security plan may establish restricted |
| 60 | access areas within the seaport consistent with the requirements |
| 61 | of the statewide minimum standards. In these such cases, a |
| 62 | Uniform Port Access Credential Card, authorizing restricted-area |
| 63 | access, shall be required for any individual working within or |
| 64 | authorized to regularly enter a restricted access area and the |
| 65 | requirements in subsection (3) relating to criminal history |
| 66 | checks and employment restrictions shall be applicable only to |
| 67 | employees or other persons working within or authorized to |
| 68 | regularly enter a restricted access area. Every seaport security |
| 69 | plan shall set forth the conditions and restrictions to be |
| 70 | imposed upon others visiting the port or any restricted access |
| 71 | area sufficient to provide substantial compliance with the |
| 72 | statewide minimum standards. |
| 73 | (3)(a) A fingerprint-based criminal history check shall be |
| 74 | performed on any applicant for employment, every current |
| 75 | employee, and other persons as designated under pursuant to the |
| 76 | seaport security plan for each seaport. The criminal history |
| 77 | check shall be performed in connection with employment within or |
| 78 | other authorized regular access to a restricted access area or |
| 79 | the entire seaport if the seaport security plan does not |
| 80 | designate one or more restricted access areas. With respect to |
| 81 | employees or others with regular access, the such checks shall |
| 82 | be performed at least once every 5 years or at other more |
| 83 | frequent intervals as provided by the seaport security plan. |
| 84 | Each individual subject to the background criminal history check |
| 85 | shall file a complete set of fingerprints taken in a manner |
| 86 | required by the Department of Law Enforcement and the seaport |
| 87 | security plan. Fingerprints shall be submitted to the Department |
| 88 | of Law Enforcement for state processing and to the Federal |
| 89 | Bureau of Investigation for federal processing. The results of |
| 90 | each fingerprint-based check shall be reported to the requesting |
| 91 | seaport. The costs of the checks, consistent with s. 943.053(3), |
| 92 | shall be paid by the seaport or other employing entity or by the |
| 93 | person checked. |
| 94 | (b) By January 1, 2002, each seaport security plan shall |
| 95 | identify criminal convictions or other criminal history factors |
| 96 | consistent with paragraph (e) (c) which shall disqualify a |
| 97 | person from either initial seaport employment or new |
| 98 | authorization for regular access to seaport property or to a |
| 99 | restricted access area. These Such factors shall be used to |
| 100 | disqualify all applicants for employment or others seeking |
| 101 | regular access to the seaport or restricted access area on or |
| 102 | after January 1, 2002, and may be used to disqualify all those |
| 103 | employed or authorized for regular access on that date. Each |
| 104 | seaport security plan may establish a procedure to appeal a |
| 105 | denial of employment or access based upon procedural |
| 106 | inaccuracies or discrepancies regarding criminal history factors |
| 107 | established pursuant to this paragraph. A seaport may allow |
| 108 | waivers on a temporary basis to meet special or emergency needs |
| 109 | of the seaport or its users. Policies, procedures, and criteria |
| 110 | for implementation of this subsection shall be included in the |
| 111 | seaport security plan. All waivers granted pursuant to this |
| 112 | paragraph must be reported to the Department of Law Enforcement |
| 113 | within 30 days of issuance. |
| 114 | (c) Each seaport security plan shall establish a procedure |
| 115 | that notifies an individual that he or she is disqualified for |
| 116 | employment within or regular access to a seaport or restricted |
| 117 | access area. The plan shall also include a procedure by which |
| 118 | the individual may appeal the decision of the seaport. The |
| 119 | procedures must be in substantial compliance with 49 C.F.R., |
| 120 | Part 1572, and must include, but need not be limited to, the |
| 121 | following: |
| 122 | 1. The seaport must notify the individual, in writing, |
| 123 | that he or she poses a security threat to the seaport and is |
| 124 | disqualified for employment in or access to the seaport. The |
| 125 | notification must include a statement that the seaport has |
| 126 | determined that the individual poses a security threat |
| 127 | warranting disqualification, the basis for the determination, |
| 128 | and information about the correction of records and appeal |
| 129 | procedures. |
| 130 | 2. An individual may appeal a disqualification |
| 131 | determination only if the individual asserts that he or she |
| 132 | meets the qualifications set by the seaport for the position for |
| 133 | which he or she is applying. If the disqualification |
| 134 | determination is based on a conviction for a disqualifying crime |
| 135 | listed in paragraph (e), the individual may present evidence |
| 136 | that the underlying criminal record is incorrect, or that the |
| 137 | conviction was pardoned, expunged, or overturned on appeal. An |
| 138 | executive pardon, expungement, or overturned conviction may |
| 139 | nullify a disqualifying conviction if the pardon, expungement, |
| 140 | or overturned conviction does not impose any restrictions on the |
| 141 | individual. |
| 142 | 3. An individual may initiate an appeal of a |
| 143 | disqualification determination by submitting a written request |
| 144 | for materials or a written reply to the seaport within 15 days |
| 145 | after receiving notification of the disqualification |
| 146 | determination. If the individual does not initiate an appeal |
| 147 | within that time, the decision of the seaport is final. |
| 148 | 4. The individual may serve upon the seaport a written |
| 149 | request for copies of the materials upon which the |
| 150 | disqualification determination was based. If the |
| 151 | disqualification determination was based on a state or Federal |
| 152 | Bureau of Investigation criminal history record that the |
| 153 | individual believes is erroneous, the individual may correct the |
| 154 | record and submit the corrections to the seaport. The seaport |
| 155 | must respond within 30 days after receiving the individual's |
| 156 | request for materials. The seaport must give the individual a |
| 157 | copy of the releasable materials upon which the disqualification |
| 158 | determination was based. The seaport may not include any |
| 159 | classified information as provided by federal law. |
| 160 | 5. The individual may also serve on the seaport a written |
| 161 | reply to the disqualification determination stating that the |
| 162 | seaport made errors when it issued the disqualification |
| 163 | determination. |
| 164 | 6. The seaport must respond to the individual's appeal no |
| 165 | later than 30 days after the seaport receives an individual's |
| 166 | request. If the seaport determines that the individual does pose |
| 167 | a security threat, the seaport shall give written notice to the |
| 168 | individual of its final decision that the individual is |
| 169 | disqualified for employment in or access to the seaport. If, |
| 170 | upon reconsideration, the seaport concludes that the individual |
| 171 | does not pose a security threat to the seaport, the seaport must |
| 172 | notify the individual in writing of its decision. Thereafter, |
| 173 | the seaport shall issue to the individual the appropriate |
| 174 | Uniform Port Access Credential Card. |
| 175 | 7. If the seaport determines that the individual does pose |
| 176 | a security threat, the seaport must include in its written |
| 177 | notice of disqualification that the seaport's decision is final |
| 178 | agency action subject to judicial review under s. 120.68. |
| 179 | (d) A seaport may allow waivers on a temporary basis to |
| 180 | meet special or emergency needs of the seaport or its users. |
| 181 | Policies, procedures, and criteria for implementation of this |
| 182 | paragraph must be included in the seaport security plan. The |
| 183 | seaport must consider, when determining whether to grant a |
| 184 | waiver, if the disqualification is based on a disqualifying |
| 185 | criminal offense, the circumstances of the disqualifying act or |
| 186 | offense, whether restitution was made by the individual, and |
| 187 | other factors that indicate that the individual does not |
| 188 | otherwise pose a security threat warranting disqualification for |
| 189 | access to the seaport. The seaport must send a written notice to |
| 190 | the individual informing the individual whether the seaport |
| 191 | granted or denied the request for a waiver. All waivers granted |
| 192 | under this paragraph must be reported to the Department of Law |
| 193 | Enforcement within 30 days after issuance. |
| 194 | (e)(c) In addition to other requirements for employment or |
| 195 | access established by each seaport under pursuant to its seaport |
| 196 | security plan, each seaport security plan shall provide that: |
| 197 | 1. Any person who has within the past 7 years been |
| 198 | convicted, regardless of whether adjudication was withheld, for |
| 199 | a forcible felony as defined in s. 776.08; an act of terrorism |
| 200 | as defined in s. 775.30; planting of a hoax bomb as provided in |
| 201 | s. 790.165; any violation involving the manufacture, possession, |
| 202 | sale, delivery, display, use, or attempted or threatened use of |
| 203 | a weapon of mass destruction or hoax weapon of mass destruction |
| 204 | as provided in s. 790.166; dealing in stolen property; any |
| 205 | violation of s. 893.135; any violation involving the sale, |
| 206 | manufacturing, delivery, or possession with intent to sell, |
| 207 | manufacture, or deliver a controlled substance; burglary; |
| 208 | robbery; any felony violation of s. 812.014; any violation of s. |
| 209 | 790.07; any crime an element of which includes use or possession |
| 210 | of a firearm; any conviction for any similar offenses under the |
| 211 | laws of another jurisdiction; or conviction for conspiracy to |
| 212 | commit any of the listed offenses is shall not be qualified for |
| 213 | initial employment within or regular access to a seaport or |
| 214 | restricted access area; and |
| 215 | 2. Any person who has at any time been convicted for any |
| 216 | of the listed offenses is shall not be qualified for initial |
| 217 | employment within or authorized regular access to a seaport or |
| 218 | restricted access area unless, after release from incarceration |
| 219 | and any supervision imposed as a sentence, the person remained |
| 220 | free from a subsequent conviction, regardless of whether |
| 221 | adjudication was withheld, for any of the listed offenses for a |
| 222 | period of 5 at least 7 years before prior to the employment or |
| 223 | access date under consideration. |
| 224 | (f)(d) By October 1 of each year, each seaport shall |
| 225 | report to the Department of Law Enforcement each determination |
| 226 | of denial of employment or access, and any determination to |
| 227 | authorize employment or access after an appeal of a denial and |
| 228 | any determination to issue a waiver made during the previous 12 |
| 229 | months. The report shall include the identity of the individual |
| 230 | affected, the factors supporting the determination, and any |
| 231 | other material factors used in making the determination. |
| 232 | (4)(a) Subject to the provisions of subsection (6), each |
| 233 | affected seaport shall begin to implement its security plan |
| 234 | developed under this section by July 1, 2001. |
| 235 | (b) The Office of Drug Control and the Department of Law |
| 236 | Enforcement may modify or waive any physical facility or other |
| 237 | requirement contained in the statewide minimum standards for |
| 238 | seaport security upon a finding or other determination that the |
| 239 | purposes of the standards have been reasonably met or exceeded |
| 240 | by the seaport requesting the modification or waiver. The Such |
| 241 | modifications or waivers shall be noted in the annual report |
| 242 | submitted by the Department of Law Enforcement under pursuant to |
| 243 | this subsection. |
| 244 | (c) Beginning with the 2001-2002 fiscal year, the |
| 245 | Department of Law Enforcement, or any entity designated by the |
| 246 | department, shall conduct no less than one annual unannounced |
| 247 | inspection of each seaport listed in s. 311.09 to determine |
| 248 | whether the seaport is meeting the minimum standards established |
| 249 | under pursuant to this section, and to identify seaport security |
| 250 | changes or improvements necessary or otherwise recommended. The |
| 251 | Department of Law Enforcement, or any entity designated by the |
| 252 | department, may conduct additional announced or unannounced |
| 253 | inspections or operations within or affecting any affected |
| 254 | seaport to test compliance with, or the effectiveness of, |
| 255 | security plans and operations at each seaport, to determine |
| 256 | compliance with physical facility requirements and standards, or |
| 257 | to assist the department in identifying changes or improvements |
| 258 | necessary to bring a seaport into compliance with the statewide |
| 259 | minimum security standards. |
| 260 | (d) By December 31, 2001, and annually thereafter, the |
| 261 | Department of Law Enforcement, in consultation with the Office |
| 262 | of Drug Control, shall complete a report indicating the |
| 263 | observations and findings of all inspections or operations |
| 264 | conducted during the year and any recommendations developed by |
| 265 | reason of these such inspections. A copy of the report shall be |
| 266 | provided to the Governor, the President of the Senate, the |
| 267 | Speaker of the House of Representatives, and the chief |
| 268 | administrator of each seaport inspected. The report shall |
| 269 | include responses from the chief administrator of any seaport |
| 270 | indicating what actions, if any, have been taken or are planned |
| 271 | to be taken in response to the recommendations, observations, |
| 272 | and findings reported by the department. |
| 273 | (e) In making security project or other funding decisions |
| 274 | applicable to each seaport listed in s. 311.09, the Legislature |
| 275 | may consider as authoritative the annual report of the |
| 276 | Department of Law Enforcement required by this section, |
| 277 | especially regarding each seaport's degree of substantial |
| 278 | compliance with the statewide minimum security standards |
| 279 | established by this section. |
| 280 | (5) Nothing in This section does not prevent shall be |
| 281 | construed as preventing any seaport from implementing security |
| 282 | measures that are more stringent, greater than, or supplemental |
| 283 | to the statewide minimum standards established by this section |
| 284 | except that, for purposes of employment and access, each seaport |
| 285 | shall adhere to the requirements provided in paragraph (3)(e) |
| 286 | (3)(c) and may shall not exceed statewide minimum requirements. |
| 287 | (6) When funds are appropriated for seaport security, the |
| 288 | Office of Drug Control and the Florida Seaport Transportation |
| 289 | and Economic Development Council shall mutually determine the |
| 290 | allocation of these such funds for security project needs |
| 291 | identified in the approved seaport security plans required by |
| 292 | this section. Any seaport that receives state funds for security |
| 293 | projects must enter into a joint participation agreement with |
| 294 | the appropriate state entity and must use the seaport security |
| 295 | plan developed under pursuant to this section as the basis for |
| 296 | the agreement. If funds are made available over more than one |
| 297 | fiscal year, the such agreement must reflect the entire scope of |
| 298 | the project approved in the security plan and, as practicable, |
| 299 | allow for reimbursement for authorized projects over more than 1 |
| 300 | year. The joint participation agreement may include specific |
| 301 | timeframes for completion of a security project and the |
| 302 | applicable funding reimbursement dates. The joint participation |
| 303 | agreement may also require a contractual penalty, not to exceed |
| 304 | $1,000 per day, to be imposed for failure to meet project |
| 305 | completion dates provided state funding is available. Any such |
| 306 | penalty shall be deposited into the State Transportation Trust |
| 307 | Fund to be used for seaport security operations and capital |
| 308 | improvements. |
| 309 | Section 2. Section 311.125, Florida Statutes, is amended |
| 310 | to read: |
| 311 | 311.125 Uniform Port Access Credential System.-- |
| 312 | (1) By July 1, 2004, each seaport identified in s. 311.09 |
| 313 | and subject to the statewide minimum seaport security standards |
| 314 | set forth in s. 311.12 shall be required to use a Uniform Port |
| 315 | Access Credential Card that is to be used utilized in the |
| 316 | operation of the state Uniform Port Access Credential System as |
| 317 | required herein. All Uniform Port Access Credential Cards shall |
| 318 | be issued by the Department of Highway Safety and Motor Vehicles |
| 319 | to the designated port authority, or recognized governing board, |
| 320 | of the requesting seaport for distribution to the credential |
| 321 | applicant. |
| 322 | (2)(a) The Department of Highway Safety and Motor |
| 323 | Vehicles, in consultation with the Department of Law |
| 324 | Enforcement, the Florida Seaport Transportation and Economic |
| 325 | Development Council, the Florida Trucking Association, and the |
| 326 | United States Transportation Security Administration shall |
| 327 | develop a Uniform Port Access Credential System for use in |
| 328 | onsite verification of access authority for all persons on a |
| 329 | seaport as defined in s. 311.12(2), using utilizing the Uniform |
| 330 | Port Access Credential Card as authorized herein. Each seaport, |
| 331 | in a manner consistent with the "Port Security Standards |
| 332 | Compliance Plan" delivered to the Speaker of the House of |
| 333 | Representatives and the President of the Senate on December 11, |
| 334 | 2000, under pursuant to s. 311.12, and this section, is |
| 335 | responsible for granting, restricting, or modifying access |
| 336 | authority provided to each Uniform Port Access Credential Card |
| 337 | holder and promptly communicating the levels of access or |
| 338 | changes in the level of access to the department for its use in |
| 339 | administering the Uniform Port Access Credential System. Each |
| 340 | seaport is responsible for the proper operation and maintenance |
| 341 | of the Uniform Port Access Credential Card reader and access |
| 342 | verification utilizing the Uniform Port Access Credential System |
| 343 | at its location. The Uniform Port Access Credential Card reader |
| 344 | and Uniform Port Access Credential System shall be used utilized |
| 345 | by each seaport to ensure compliance with the access |
| 346 | restrictions provided by s. 311.12. |
| 347 | (b) The system shall be designed to conform, as closely as |
| 348 | possible, with criteria established by the United States |
| 349 | Transportation Security Administration for a Transportation |
| 350 | Worker Identification Card, or similar identification, as |
| 351 | required by federal law. The system shall, at a minimum, |
| 352 | consist of: |
| 353 | 1. A centralized, secure database for collecting and |
| 354 | maintaining fingerprints and other biometric means of identity, |
| 355 | and other information pertaining to personal identification of |
| 356 | persons working on, or doing business at, a Florida seaport as |
| 357 | set forth in s. 311.12; |
| 358 | 2. A methodology for receiving data from each port and |
| 359 | transmitting data to each port regarding access permissions; |
| 360 | 3. Technology required for each gate and portal at each |
| 361 | seaport to be interactive with the Uniform Port Access |
| 362 | Credential System during all hours of operation; |
| 363 | 4. The ability to identify persons who have violated the |
| 364 | access requirements of s. 311.12 and to deactivate the access |
| 365 | permissions of those persons; and |
| 366 | 5. The ability to use utilize the Uniform Port Access |
| 367 | Credential Card in a manner consistent herein. |
| 368 |
|
| 369 | The Such system shall be designed to ensure the credentialed |
| 370 | cardholders' privacy in a manner consistent with the state's |
| 371 | security requirements as provided herein. |
| 372 | (3) The Uniform Port Access Credential Card must include |
| 373 | at a minimum a digital fullface photograph, a digital |
| 374 | fingerprint, a multilayered security process, a two-dimensional |
| 375 | barcode with technology specifications that will allow the |
| 376 | unique biometric identifiers to reside in the barcode, a unique |
| 377 | identifying code or number, scanning capability to compare |
| 378 | required identifiers with information on file in the central |
| 379 | database, and background color differentials for visual |
| 380 | identification of access permissions. |
| 381 | (4) A fingerprint-based criminal history check shall be |
| 382 | performed on an applicant for a Uniform Port Access Credential |
| 383 | Card as provided in s. 311.12(3). Based upon review of the |
| 384 | criminal history check, each seaport may determine the specific |
| 385 | access permissions that will be granted to that applicant. Upon |
| 386 | receipt of a port authority "Notification of Access Permission" |
| 387 | form and a verification of the criminal history check, the |
| 388 | department shall issue a Uniform Port Access Credential Card to |
| 389 | the port authority for distribution to the applicant. |
| 390 | (5) A Uniform Port Access Credential Card is valid for 4 |
| 391 | years following the date of issuance. Criminal history checks |
| 392 | may be performed on a random basis, but at least once a year, |
| 393 | during the period that the such credential card is active to |
| 394 | ensure that the credential holder complies with the requirements |
| 395 | for access to restricted areas provided in s. 311.12(3). Failure |
| 396 | to complete any part of the required credential application |
| 397 | process, or failure to comply with the criminal history |
| 398 | clearances, shall be grounds for immediate denial of access. In |
| 399 | addition to access authority granted to seaports, access |
| 400 | authority may be restricted or revoked by the Department of |
| 401 | Highway Safety and Motor Vehicles or the Department of Law |
| 402 | Enforcement if the cardholder is suspected of criminal |
| 403 | violations that could affect the security of a port or that |
| 404 | otherwise render the cardholder ineligible for port access, upon |
| 405 | suspicion that the person in possession of the card is using it, |
| 406 | or attempting to use it, fraudulently, or if restriction or |
| 407 | revocation is done to assure the security of any port or portion |
| 408 | thereof. |
| 409 | (6) Corporations, persons, or other business entities that |
| 410 | employ persons to work on, or do business at, seaports regulated |
| 411 | in s. 311.12 shall notify those seaports for which those |
| 412 | employees have access permissions in the event of the employee's |
| 413 | termination, resignation, work-related incapacitation, or death. |
| 414 | Uniform Port Access Credential Card accesses for persons not |
| 415 | currently employed to perform a job on a seaport shall be placed |
| 416 | in an inactive status. Upon notification of a work status |
| 417 | change, the port authority, or recognized governing board, shall |
| 418 | notify the department to have the credential card placed in an |
| 419 | inactive status. Inactive status shall continue until the |
| 420 | expiration of the credential card or reactivation of the card by |
| 421 | petition. The former employee may have the credential card |
| 422 | reactivated by petitioning a seaport. The port authority, or |
| 423 | recognized governing board, of any seaport may determine that |
| 424 | the individual is employed by another appropriate entity or is |
| 425 | self-employed for purposes of performing work on the seaport. |
| 426 | Upon that determination, the port authority, or recognized |
| 427 | governing board, may request reactivation of credentialing |
| 428 | permissions. All these such cards may be restricted or revoked |
| 429 | as provided in subsection(5). |
| 430 | (7) Failure to report a change in work status, as defined |
| 431 | in this section, within 7 days after the action may result in |
| 432 | revocation of the business entity's access to the seaport. |
| 433 | (8) Each person working on a seaport, as regulated in s. |
| 434 | 311.12(2), shall be issued a Uniform Port Access Credential Card |
| 435 | upon completion of the application process. Upon issuance of the |
| 436 | Uniform Port Access Credential Card, the cardholder is eligible |
| 437 | to enter a seaport in the system based on the level of |
| 438 | permission allowed by each respective seaport. A person working |
| 439 | in a restricted access area must meet the requirements of s. |
| 440 | 311.12(3). The Uniform Port Access Credential Card shall be |
| 441 | clearly marked for visual verification of the cardholder's |
| 442 | permission for access to a restricted area, under pursuant to |
| 443 | subsection (3). The card must contain biometric verification of |
| 444 | the cardholder's identity and proper access permissions. |
| 445 | Entrance to a restricted access area, as defined in s. |
| 446 | 311.12(2), shall require a machine check and fingerprint |
| 447 | verification of each person's Uniform Port Access Credential |
| 448 | Card for proper identification. Exit from any restricted access |
| 449 | area of a seaport shall require a machine check of the |
| 450 | credential card. |
| 451 | (9) Each person not producing a Uniform Port Access |
| 452 | Credential Card upon arrival at a restricted area of a seaport |
| 453 | must, at a minimum, stop at a check point, show valid |
| 454 | identification, and receive a visitor's pass in order to |
| 455 | proceed. The visitor's pass must be plainly displayed on the |
| 456 | person of the visitor or in the windshield of the vehicle and |
| 457 | designate what area of the seaport may be accessed by the |
| 458 | visitor. Failure to display the visitor's pass shall result in |
| 459 | revocation of a worker's permission to work on the seaport. |
| 460 | Public conveyances such as buses carrying passengers into |
| 461 | restricted access areas must be able to verify that all |
| 462 | passengers have legitimate business on the seaport. Procedures |
| 463 | for implementation of this process are the responsibility of |
| 464 | each seaport. |
| 465 | (10) The price of a Uniform Port Access Credential Card |
| 466 | shall be set by the department and shall reflect the cost of the |
| 467 | required criminal history checks, including the cost of the |
| 468 | initial state and federal fingerprint check and the annual |
| 469 | criminal history check and the cost of production and issuance |
| 470 | of the card by the department. A seaport may charge an |
| 471 | additional administrative fee to cover the costs of issuing |
| 472 | credentials to its employees and persons doing business at the |
| 473 | seaport. |
| 474 | (11) Each Uniform Port Access Credential Card remains the |
| 475 | property of the State of Florida. Any person possessing such a |
| 476 | card shall provide it to any law enforcement officer upon |
| 477 | request. A law enforcement officer having reasonable suspicion |
| 478 | to believe that a card is possessed or is being used in |
| 479 | violation of law or the standards provided by this section, or |
| 480 | in any other manner that raises a concern about the safety and |
| 481 | security of a seaport, may seize the card. A cardholder has no |
| 482 | cause of action against any law enforcement officer who seizes a |
| 483 | Uniform Port Access Credential Card. |
| 484 | (12) Each seaport defined in s. 311.09 and required to |
| 485 | meet the minimum security standards set forth in s. 311.12 shall |
| 486 | comply with technology improvement requirements for the |
| 487 | activation of the Uniform Port Access Credential System no later |
| 488 | than July 1, 2004. Equipment and technology requirements for the |
| 489 | system shall be specified by the department no later than July |
| 490 | 1, 2003. The system shall be implemented at the earliest |
| 491 | possible time that all seaports have active technology in place, |
| 492 | but no later than July 1, 2004. |
| 493 | (13) The "Port Security Standards Compliance Plan" |
| 494 | delivered to the Speaker of the House of Representatives and the |
| 495 | President of the Senate on December 11, 2000, under pursuant to |
| 496 | s. 311.12, shall be updated by the Department of Law Enforcement |
| 497 | to reflect the changes made by this act. |
| 498 | (14) This section shall be contingent on the receipt of |
| 499 | the federal grant funds necessary to implement the Uniform Port |
| 500 | Access Credential System. |
| 501 | Section 3. For the purpose of incorporating the amendment |
| 502 | to section 311.12, Florida Statutes, in a reference thereto, |
| 503 | subsection (6) of section 315.02, Florida Statutes, is reenacted |
| 504 | to read: |
| 505 | 315.02 Definitions.--As used in this law, the following |
| 506 | words and terms shall have the following meanings: |
| 507 | (6) The term "port facilities" shall mean and shall |
| 508 | include harbor, shipping, and port facilities, and improvements |
| 509 | of every kind, nature, and description, including, but without |
| 510 | limitation, channels, turning basins, jetties, breakwaters, |
| 511 | public landings, wharves, docks, markets, parks, recreational |
| 512 | facilities, structures, buildings, piers, storage facilities, |
| 513 | including facilities that may be used for warehouse, storage, |
| 514 | and distribution of cargo transported or to be transported |
| 515 | through an airport or port facility, security measures |
| 516 | identified pursuant to s. 311.12, public buildings and plazas, |
| 517 | anchorages, utilities, bridges, tunnels, roads, causeways, and |
| 518 | any and all property and facilities necessary or useful in |
| 519 | connection with the foregoing, and any one or more or any |
| 520 | combination thereof and any extension, addition, betterment, or |
| 521 | improvement of any thereof. |
| 522 | Section 4. This act shall take effect July 1, 2004. |