HB 1683

CS

CHAMBER ACTION

1	The Committee on Transportation recommends the following:
2
3	Committee Substitute
4	Remove the entire bill and insert:
5	A bill to be entitled
6	An act relating to seaport security standards; amending s.
7	311.12, F.S.; requiring that each seaport security plan
8	have a procedure that notifies an individual that he or
9	she is disqualified from employment within, or regular
10	access to, a seaport or a seaport's restricted access
11	area; requiring each plan to include a procedure by which
12	the individual may seek review of the decision of the
13	seaport; directing a seaport to have its procedures in
14	substantial compliance with federal regulations; providing
15	criteria for seaports to consider for inclusion in
16	procedures for appeals and waivers from disqualification;
17	providing that an individual remain free from subsequent
18	convictions for 7 years before seeking employment in, or
19	access to, a seaport; requiring each seaport to report to
20	the Department of Law Enforcement by a specified date the
21	number of waivers from disqualification issued in the
22	previous 12 months; amending s. 311.125, F.S.; conforming
23	provisions to changes made by the act; reenacting s.
24	315.02(6), F.S., relating to the definitions for the 1959
25	Port Facilities Financing Law, for the purpose of
26	incorporating the amendment to s. 311.12, F.S., in a
27	reference thereto; limiting the applicability of a
28	provision of the act related to disqualification from
29	employment; providing an effective date.
30
31	Be It Enacted by the Legislature of the State of Florida:
32
33	Section 1.  Section 311.12, Florida Statutes, is amended to
34	read:
35	311.12  Seaport security standards.--
36	(1)(a)  The statewide minimum standards for seaport
37	security for each seaport identified in s. 311.09 shall be those
38	based upon the Florida Seaport Security Assessment 2000 and set
39	forth in the "Port Security Standards--Compliance Plan"
40	delivered to the Speaker of the House of Representatives and the
41	President of the Senate on December 11, 2000, under pursuant to
42	this section. The statewide minimum standards are hereby
43	adopted. The Office of Drug Control within the Executive Office
44	of the Governor shall maintain a sufficient number of copies of
45	the standards for use of the public, at its offices, and shall
46	provide copies to each affected seaport upon request.
47	(b)  The Department of Law Enforcement may exempt any
48	seaport identified in s. 311.09 from all or part of the
49	requirements of subsections (1)-(5) if the department determines
50	that the seaport is not active. The department shall
51	periodically review exempted seaports to determine if there is
52	maritime activity at the seaport. A change in status from
53	inactive to active may warrant removal of all or part of any
54	exemption provided by the department.
55	(2)  Each seaport identified in s. 311.09 shall maintain a
56	security plan relating to the specific and identifiable needs of
57	the seaport which assures that the seaport is in substantial
58	compliance with the statewide minimum standards established
59	under pursuant to subsection (1). Each plan adopted or revised
60	under pursuant to this subsection must be reviewed and approved
61	by the Office of Drug Control and the Department of Law
62	Enforcement. All such seaports shall allow unimpeded access by
63	the Department of Law Enforcement to the affected facilities for
64	purposes of inspections or other operations authorized by this
65	section. Each seaport security plan may establish restricted
66	access areas within the seaport consistent with the requirements
67	of the statewide minimum standards. In these such cases, a
68	Uniform Port Access Credential Card, authorizing restricted-area
69	access, shall be required for any individual working within or
70	authorized to regularly enter a restricted access area and the
71	requirements in subsection (3) relating to criminal history
72	checks and employment restrictions shall be applicable only to
73	employees or other persons working within or authorized to
74	regularly enter a restricted access area. Every seaport security
75	plan shall set forth the conditions and restrictions to be
76	imposed upon others visiting the port or any restricted access
77	area sufficient to provide substantial compliance with the
78	statewide minimum standards.
79	(3)(a)  A fingerprint-based criminal history check shall be
80	performed on any applicant for employment, every current
81	employee, and other persons as designated under pursuant to the
82	seaport security plan for each seaport. The criminal history
83	check shall be performed in connection with employment within or
84	other authorized regular access to a restricted access area or
85	the entire seaport if the seaport security plan does not
86	designate one or more restricted access areas. With respect to
87	employees or others with regular access, the such checks shall
88	be performed at least once every 5 years or at other more
89	frequent intervals as provided by the seaport security plan.
90	Each individual subject to the background criminal history check
91	shall file a complete set of fingerprints taken in a manner
92	required by the Department of Law Enforcement and the seaport
93	security plan. Fingerprints shall be submitted to the Department
94	of Law Enforcement for state processing and to the Federal
95	Bureau of Investigation for federal processing. The results of
96	each fingerprint-based check shall be reported to the requesting
97	seaport. The costs of the checks, consistent with s. 943.053(3),
98	shall be paid by the seaport or other employing entity or by the
99	person checked.
100	(b)  By January 1, 2002, each seaport security plan shall
101	identify criminal convictions or other criminal history factors
102	consistent with paragraph (e) (c) which shall disqualify a
103	person from either initial seaport employment or new
104	authorization for regular access to seaport property or to a
105	restricted access area. These Such factors shall be used to
106	disqualify all applicants for employment or others seeking
107	regular access to the seaport or restricted access area on or
108	after January 1, 2002, and may be used to disqualify all those
109	employed or authorized for regular access on that date. Each
110	seaport security plan may establish a procedure to appeal a
111	denial of employment or access based upon procedural
112	inaccuracies or discrepancies regarding criminal history factors
113	established pursuant to this paragraph. A seaport may allow
114	waivers on a temporary basis to meet special or emergency needs
115	of the seaport or its users. Policies, procedures, and criteria
116	for implementation of this subsection shall be included in the
117	seaport security plan. All waivers granted pursuant to this
118	paragraph must be reported to the Department of Law Enforcement
119	within 30 days of issuance.
120	(c)  Each seaport security plan shall establish a procedure
121	that notifies an individual that he or she is disqualified for
122	employment within or regular access to a seaport or restricted
123	access area. The plan shall also include a procedure by which
124	the individual may appeal the decision of the seaport. The
125	procedures must be in substantial compliance with 49 C.F.R.,
126	Part 1572, and must include, but need not be limited to, the
127	following:
128	1.  The seaport must notify the individual, in writing,
129	that he or she poses a security threat to the seaport and is
130	disqualified for employment in or access to the seaport. The
131	notification must include a statement that the seaport has
132	determined that the individual poses a security threat
133	warranting disqualification, the basis for the determination,
134	and information about the correction of records and appeal
135	procedures.
136	2.  An individual may appeal a disqualification
137	determination only if the individual asserts that he or she
138	meets the qualifications set by the seaport for the position for
139	which he or she is applying. If the disqualification
140	determination is based on a conviction for a disqualifying crime
141	listed in paragraph (e), the individual may present evidence
142	that the underlying criminal record is incorrect, or that the
143	conviction was pardoned, expunged, or overturned on appeal. An
144	executive pardon, expungement, or overturned conviction may
145	nullify a disqualifying conviction if the pardon, expungement,
146	or overturned conviction does not impose any restrictions on the
147	individual.
148	3.  An individual may initiate an appeal of a
149	disqualification determination by submitting a written request
150	for materials or a written reply to the seaport within 15 days
151	after receiving notification of the disqualification
152	determination. If the individual does not initiate an appeal
153	within that time, the decision of the seaport is final.
154	4.  The individual may serve upon the seaport a written
155	request for copies of the materials upon which the
156	disqualification determination was based. If the
157	disqualification determination was based on a state or Federal
158	Bureau of Investigation criminal history record that the
159	individual believes is erroneous, the individual may correct the
160	record and submit the corrections to the seaport. The seaport
161	must respond within 30 days after receiving the individual's
162	request for materials. The seaport must give the individual a
163	copy of the releasable materials upon which the disqualification
164	determination was based. The seaport may not include any
165	classified information as provided by federal law.
166	5.  The individual may also serve on the seaport a written
167	reply to the disqualification determination stating that the
168	seaport made errors when it issued the disqualification
169	determination.
170	6.  The seaport must respond to the individual's appeal no
171	later than 30 days after the seaport receives an individual's
172	request. If the seaport determines that the individual does pose
173	a security threat, the seaport shall give written notice to the
174	individual of its final decision that the individual is
175	disqualified for employment in or access to the seaport. If,
176	upon reconsideration, the seaport concludes that the individual
177	does not pose a security threat to the seaport, the seaport must
178	notify the individual in writing of its decision. Thereafter,
179	the seaport shall issue to the individual the appropriate
180	Uniform Port Access Credential Card.
181	7.  If the seaport determines that the individual does pose
182	a security threat, the seaport must include in its written
183	notice of disqualification that the seaport's decision is final
184	agency action subject to review under chapter 120, where
185	applicable, or if the seaport is not subject to chapter 120,
186	that the seaport's decision is subject to judicial review in the
187	circuit court.
188	(d)  A seaport may allow waivers on a temporary basis to
189	meet special or emergency needs of the seaport or its users.
190	Policies, procedures, and criteria for implementation of this
191	paragraph must be included in the seaport security plan. The
192	seaport must consider, when determining whether to grant a
193	waiver, if the disqualification is based on a disqualifying
194	criminal offense, the circumstances of the disqualifying act or
195	offense, whether restitution was made by the individual, and
196	other factors that indicate that the individual does not
197	otherwise pose a security threat warranting disqualification for
198	access to the seaport. The seaport must send a written notice to
199	the individual informing the individual whether the seaport
200	granted or denied the request for a waiver. All waivers granted
201	under this paragraph must be reported to the Department of Law
202	Enforcement within 30 days after issuance.
203	(e)(c)  In addition to other requirements for employment or
204	access established by each seaport under pursuant to its seaport
205	security plan, each seaport security plan shall provide that:
206	1.  Any person who has within the past 7 years been
207	convicted, regardless of whether adjudication was withheld, for
208	a forcible felony as defined in s. 776.08; an act of terrorism
209	as defined in s. 775.30; planting of a hoax bomb as provided in
210	s. 790.165; any violation involving the manufacture, possession,
211	sale, delivery, display, use, or attempted or threatened use of
212	a weapon of mass destruction or hoax weapon of mass destruction
213	as provided in s. 790.166; dealing in stolen property; any
214	violation of s. 893.135; any violation involving the sale,
215	manufacturing, delivery, or possession with intent to sell,
216	manufacture, or deliver a controlled substance; burglary;
217	robbery; any felony violation of s. 812.014; any violation of s.
218	790.07; any crime an element of which includes use or possession
219	of a firearm; any conviction for any similar offenses under the
220	laws of another jurisdiction; or conviction for conspiracy to
221	commit any of the listed offenses is shall not be qualified for
222	initial employment within or regular access to a seaport or
223	restricted access area; and
224	2.  Any person who has at any time been convicted for any
225	of the listed offenses is shall not be qualified for initial
226	employment within or authorized regular access to a seaport or
227	restricted access area unless, after release from incarceration
228	and any supervision imposed as a sentence, the person remained
229	free from a subsequent conviction, regardless of whether
230	adjudication was withheld, for any of the listed offenses for a
231	period of at least 7 years prior to the employment or access
232	date under consideration.
233	(f)(d)  By October 1 of each year, each seaport shall
234	report to the Department of Law Enforcement each determination
235	of denial of employment or access, and any determination to
236	authorize employment or access after an appeal of a denial and
237	any determination to issue a waiver made during the previous 12
238	months. The report shall include the identity of the individual
239	affected, the factors supporting the determination, and any
240	other material factors used in making the determination.
241	(4)(a)  Subject to the provisions of subsection (6), each
242	affected seaport shall begin to implement its security plan
243	developed under this section by July 1, 2001.
244	(b)  The Office of Drug Control and the Department of Law
245	Enforcement may modify or waive any physical facility or other
246	requirement contained in the statewide minimum standards for
247	seaport security upon a finding or other determination that the
248	purposes of the standards have been reasonably met or exceeded
249	by the seaport requesting the modification or waiver. The Such
250	modifications or waivers shall be noted in the annual report
251	submitted by the Department of Law Enforcement under pursuant to
252	this subsection.
253	(c)  Beginning with the 2001-2002 fiscal year, the
254	Department of Law Enforcement, or any entity designated by the
255	department, shall conduct no less than one annual unannounced
256	inspection of each seaport listed in s. 311.09 to determine
257	whether the seaport is meeting the minimum standards established
258	under pursuant to this section, and to identify seaport security
259	changes or improvements necessary or otherwise recommended. The
260	Department of Law Enforcement, or any entity designated by the
261	department, may conduct additional announced or unannounced
262	inspections or operations within or affecting any affected
263	seaport to test compliance with, or the effectiveness of,
264	security plans and operations at each seaport, to determine
265	compliance with physical facility requirements and standards, or
266	to assist the department in identifying changes or improvements
267	necessary to bring a seaport into compliance with the statewide
268	minimum security standards.
269	(d)  By December 31, 2001, and annually thereafter, the
270	Department of Law Enforcement, in consultation with the Office
271	of Drug Control, shall complete a report indicating the
272	observations and findings of all inspections or operations
273	conducted during the year and any recommendations developed by
274	reason of these such inspections. A copy of the report shall be
275	provided to the Governor, the President of the Senate, the
276	Speaker of the House of Representatives, and the chief
277	administrator of each seaport inspected. The report shall
278	include responses from the chief administrator of any seaport
279	indicating what actions, if any, have been taken or are planned
280	to be taken in response to the recommendations, observations,
281	and findings reported by the department.
282	(e)  In making security project or other funding decisions
283	applicable to each seaport listed in s. 311.09, the Legislature
284	may consider as authoritative the annual report of the
285	Department of Law Enforcement required by this section,
286	especially regarding each seaport's degree of substantial
287	compliance with the statewide minimum security standards
288	established by this section.
289	(5)  Nothing in This section does not prevent shall be
290	construed as preventing any seaport from implementing security
291	measures that are more stringent, greater than, or supplemental
292	to the statewide minimum standards established by this section
293	except that, for purposes of employment and access, each seaport
294	shall adhere to the requirements provided in paragraph (3)(e)
295	(3)(c) and may shall not exceed statewide minimum requirements.
296	(6)  When funds are appropriated for seaport security, the
297	Office of Drug Control and the Florida Seaport Transportation
298	and Economic Development Council shall mutually determine the
299	allocation of these such funds for security project needs
300	identified in the approved seaport security plans required by
301	this section. Any seaport that receives state funds for security
302	projects must enter into a joint participation agreement with
303	the appropriate state entity and must use the seaport security
304	plan developed under pursuant to this section as the basis for
305	the agreement. If funds are made available over more than one
306	fiscal year, the such agreement must reflect the entire scope of
307	the project approved in the security plan and, as practicable,
308	allow for reimbursement for authorized projects over more than 1
309	year. The joint participation agreement may include specific
310	timeframes for completion of a security project and the
311	applicable funding reimbursement dates. The joint participation
312	agreement may also require a contractual penalty, not to exceed
313	$1,000 per day, to be imposed for failure to meet project
314	completion dates provided state funding is available. Any such
315	penalty shall be deposited into the State Transportation Trust
316	Fund to be used for seaport security operations and capital
317	improvements.
318	Section 2.  Section 311.125, Florida Statutes, is amended
319	to read:
320	311.125  Uniform Port Access Credential System.--
321	(1)  By July 1, 2004, each seaport identified in s. 311.09
322	and subject to the statewide minimum seaport security standards
323	set forth in s. 311.12 shall be required to use a Uniform Port
324	Access Credential Card that is to be used utilized in the
325	operation of the state Uniform Port Access Credential System as
326	required herein. All Uniform Port Access Credential Cards shall
327	be issued by the Department of Highway Safety and Motor Vehicles
328	to the designated port authority, or recognized governing board,
329	of the requesting seaport for distribution to the credential
330	applicant.
331	(2)(a)  The Department of Highway Safety and Motor
332	Vehicles, in consultation with the Department of Law
333	Enforcement, the Florida Seaport Transportation and Economic
334	Development Council, the Florida Trucking Association, and the
335	United States Transportation Security Administration shall
336	develop a Uniform Port Access Credential System for use in
337	onsite verification of access authority for all persons on a
338	seaport as defined in s. 311.12(2), using utilizing the Uniform
339	Port Access Credential Card as authorized herein. Each seaport,
340	in a manner consistent with the "Port Security Standards
341	Compliance Plan" delivered to the Speaker of the House of
342	Representatives and the President of the Senate on December 11,
343	2000, under pursuant to s. 311.12, and this section, is
344	responsible for granting, restricting, or modifying access
345	authority provided to each Uniform Port Access Credential Card
346	holder and promptly communicating the levels of access or
347	changes in the level of access to the department for its use in
348	administering the Uniform Port Access Credential System. Each
349	seaport is responsible for the proper operation and maintenance
350	of the Uniform Port Access Credential Card reader and access
351	verification utilizing the Uniform Port Access Credential System
352	at its location. The Uniform Port Access Credential Card reader
353	and Uniform Port Access Credential System shall be used utilized
354	by each seaport to ensure compliance with the access
355	restrictions provided by s. 311.12.
356	(b)  The system shall be designed to conform, as closely as
357	possible, with criteria established by the United States
358	Transportation Security Administration for a Transportation
359	Worker Identification Card, or similar identification, as
360	required by federal law.  The system shall, at a minimum,
361	consist of:
362	1.  A centralized, secure database for collecting and
363	maintaining fingerprints and other biometric means of identity,
364	and other information pertaining to personal identification of
365	persons working on, or doing business at, a Florida seaport as
366	set forth in s. 311.12;
367	2.  A methodology for receiving data from each port and
368	transmitting data to each port regarding access permissions;
369	3.  Technology required for each gate and portal at each
370	seaport to be interactive with the Uniform Port Access
371	Credential System during all hours of operation;
372	4.  The ability to identify persons who have violated the
373	access requirements of s. 311.12 and to deactivate the access
374	permissions of those persons; and
375	5.  The ability to use utilize the Uniform Port Access
376	Credential Card in a manner consistent herein.
377
378	The Such system shall be designed to ensure the credentialed
379	cardholders' privacy in a manner consistent with the state's
380	security requirements as provided herein.
381	(3)  The Uniform Port Access Credential Card must include
382	at a minimum a digital fullface photograph, a digital
383	fingerprint, a multilayered security process, a two-dimensional
384	barcode with technology specifications that will allow the
385	unique biometric identifiers to reside in the barcode, a unique
386	identifying code or number, scanning capability to compare
387	required identifiers with information on file in the central
388	database, and background color differentials for visual
389	identification of access permissions.
390	(4)  A fingerprint-based criminal history check shall be
391	performed on an applicant for a Uniform Port Access Credential
392	Card as provided in s. 311.12(3). Based upon review of the
393	criminal history check, each seaport may determine the specific
394	access permissions that will be granted to that applicant. Upon
395	receipt of a port authority "Notification of Access Permission"
396	form and a verification of the criminal history check, the
397	department shall issue a Uniform Port Access Credential Card to
398	the port authority for distribution to the applicant.
399	(5)  A Uniform Port Access Credential Card is valid for 4
400	years following the date of issuance.  Criminal history checks
401	may be performed on a random basis, but at least once a year,
402	during the period that the such credential card is active to
403	ensure that the credential holder complies with the requirements
404	for access to restricted areas provided in s. 311.12(3). Failure
405	to complete any part of the required credential application
406	process, or failure to comply with the criminal history
407	clearances, shall be grounds for immediate denial of access. In
408	addition to access authority granted to seaports, access
409	authority may be restricted or revoked by the Department of
410	Highway Safety and Motor Vehicles or the Department of Law
411	Enforcement if the cardholder is suspected of criminal
412	violations that could affect the security of a port or that
413	otherwise render the cardholder ineligible for port access, upon
414	suspicion that the person in possession of the card is using it,
415	or attempting to use it, fraudulently, or if restriction or
416	revocation is done to assure the security of any port or portion
417	thereof.
418	(6)  Corporations, persons, or other business entities that
419	employ persons to work on, or do business at, seaports regulated
420	in s. 311.12 shall notify those seaports for which those
421	employees have access permissions in the event of the employee's
422	termination, resignation, work-related incapacitation, or death.
423	Uniform Port Access Credential Card accesses for persons not
424	currently employed to perform a job on a seaport shall be placed
425	in an inactive status. Upon notification of a work status
426	change, the port authority, or recognized governing board, shall
427	notify the department to have the credential card placed in an
428	inactive status.  Inactive status shall continue until the
429	expiration of the credential card or reactivation of the card by
430	petition. The former employee may have the credential card
431	reactivated by petitioning a seaport. The port authority, or
432	recognized governing board, of any seaport may determine that
433	the individual is employed by another appropriate entity or is
434	self-employed for purposes of performing work on the seaport.
435	Upon that determination, the port authority, or recognized
436	governing board, may request reactivation of credentialing
437	permissions. All these such cards may be restricted or revoked
438	as provided in subsection(5).
439	(7)  Failure to report a change in work status, as defined
440	in this section, within 7 days after the action may result in
441	revocation of the business entity's access to the seaport.
442	(8)  Each person working on a seaport, as regulated in s.
443	311.12(2), shall be issued a Uniform Port Access Credential Card
444	upon completion of the application process. Upon issuance of the
445	Uniform Port Access Credential Card, the cardholder is eligible
446	to enter a seaport in the system based on the level of
447	permission allowed by each respective seaport. A person working
448	in a restricted access area must meet the requirements of s.
449	311.12(3). The Uniform Port Access Credential Card shall be
450	clearly marked for visual verification of the cardholder's
451	permission for access to a restricted area, under pursuant to
452	subsection (3). The card must contain biometric verification of
453	the cardholder's identity and proper access permissions.
454	Entrance to a restricted access area, as defined in s.
455	311.12(2), shall require a machine check and fingerprint
456	verification of each person's Uniform Port Access Credential
457	Card for proper identification. Exit from any restricted access
458	area of a seaport shall require a machine check of the
459	credential card.
460	(9)  Each person not producing a Uniform Port Access
461	Credential Card upon arrival at a restricted area of a seaport
462	must, at a minimum, stop at a check point, show valid
463	identification, and receive a visitor's pass in order to
464	proceed. The visitor's pass must be plainly displayed on the
465	person of the visitor or in the windshield of the vehicle and
466	designate what area of the seaport may be accessed by the
467	visitor. Failure to display the visitor's pass shall result in
468	revocation of a worker's permission to work on the seaport.
469	Public conveyances such as buses carrying passengers into
470	restricted access areas must be able to verify that all
471	passengers have legitimate business on the seaport. Procedures
472	for implementation of this process are the responsibility of
473	each seaport.
474	(10)  The price of a Uniform Port Access Credential Card
475	shall be set by the department and shall reflect the cost of the
476	required criminal history checks, including the cost of the
477	initial state and federal fingerprint check and the annual
478	criminal history check and the cost of production and issuance
479	of the card by the department. A seaport may charge an
480	additional administrative fee to cover the costs of issuing
481	credentials to its employees and persons doing business at the
482	seaport.
483	(11)  Each Uniform Port Access Credential Card remains the
484	property of the State of Florida. Any person possessing such a
485	card shall provide it to any law enforcement officer upon
486	request. A law enforcement officer having reasonable suspicion
487	to believe that a card is possessed or is being used in
488	violation of law or the standards provided by this section, or
489	in any other manner that raises a concern about the safety and
490	security of a seaport, may seize the card. A cardholder has no
491	cause of action against any law enforcement officer who seizes a
492	Uniform Port Access Credential Card.
493	(12)  Each seaport defined in s. 311.09 and required to
494	meet the minimum security standards set forth in s. 311.12 shall
495	comply with technology improvement requirements for the
496	activation of the Uniform Port Access Credential System no later
497	than July 1, 2004. Equipment and technology requirements for the
498	system shall be specified by the department no later than July
499	1, 2003. The system shall be implemented at the earliest
500	possible time that all seaports have active technology in place,
501	but no later than July 1, 2004.
502	(13)  The "Port Security Standards Compliance Plan"
503	delivered to the Speaker of the House of Representatives and the
504	President of the Senate on December 11, 2000, under pursuant to
505	s. 311.12, shall be updated by the Department of Law Enforcement
506	to reflect the changes made by this act.
507	(14)  This section shall be contingent on the receipt of
508	the federal grant funds necessary to implement the Uniform Port
509	Access Credential System.
510	Section 3.  For the purpose of incorporating the amendment
511	to section 311.12, Florida Statutes, in a reference thereto,
512	subsection (6) of section 315.02, Florida Statutes, is reenacted
513	to read:
514	315.02  Definitions.--As used in this law, the following
515	words and terms shall have the following meanings:
516	(6)  The term "port facilities" shall mean and shall
517	include harbor, shipping, and port facilities, and improvements
518	of every kind, nature, and description, including, but without
519	limitation, channels, turning basins, jetties, breakwaters,
520	public landings, wharves, docks, markets, parks, recreational
521	facilities, structures, buildings, piers, storage facilities,
522	including facilities that may be used for warehouse, storage,
523	and distribution of cargo transported or to be transported
524	through an airport or port facility, security measures
525	identified pursuant to s. 311.12, public buildings and plazas,
526	anchorages, utilities, bridges, tunnels, roads, causeways, and
527	any and all property and facilities necessary or useful in
528	connection with the foregoing, and any one or more or any
529	combination thereof and any extension, addition, betterment, or
530	improvement of any thereof.
531	Section 4.  Notwithstanding s. 311.12, Florida Statutes, as
532	amended by this act and as implemented under chapter 2003-96,
533	Laws of Florida, any person holding credentials on June 3, 2003,
534	that allow access as provided by s. 311.12, Florida Statutes,
535	and who is otherwise qualified for such access shall not have
536	access denied solely upon grounds related to a prior conviction
537	within the preceding 7 years, but may be disqualified if such
538	conviction occurred within the preceding 5 years. This section
539	is repealed on June 4, 2005.
540	Section 5.  This act shall take effect July 1, 2004.

CODING: Words stricken are deletions; words underlined are additions.