| 1 | A bill to be entitled |
| 2 | An act relating to domestic security; amending s. 311.12, |
| 3 | F.S.; providing for legislative review of seaports not in |
| 4 | substantial compliance with statewide minimum security |
| 5 | standards by November 2005; requiring the Legislature to |
| 6 | review certain security costs by a specified date; |
| 7 | prohibiting the expenditure of state funds for operational |
| 8 | security costs without certification of need by the Office |
| 9 | of Ports Administrator within the Department of Law |
| 10 | Enforcement; creating s. 1004.64, F.S.; providing for the |
| 11 | establishment of the Florida Institute for Nuclear |
| 12 | Detection and Security within the Department of Nuclear |
| 13 | and Radiological Engineering at the University of Florida; |
| 14 | providing purpose of the institute; authorizing the |
| 15 | institute to solicit and receive funds; providing |
| 16 | activities and application areas of the institute; |
| 17 | providing for a director and board of advisors of the |
| 18 | institute; providing for selection of the director; |
| 19 | providing for appointment and terms of board members; |
| 20 | requiring an annual report; providing an effective date. |
| 21 |
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| 22 | Be It Enacted by the Legislature of the State of Florida: |
| 23 |
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| 24 | Section 1. Paragraph (e) of subsection (4) of section |
| 25 | 311.12, Florida Statutes, is amended, and paragraphs (f) and (g) |
| 26 | are added to said subsection, to read: |
| 27 | 311.12 Seaport security standards.-- |
| 28 | (4) |
| 29 | (e) In making security project or other funding decisions |
| 30 | applicable to each seaport listed in s. 311.09, the Legislature |
| 31 | may consider as authoritative the annual report of the |
| 32 | Department of Law Enforcement required by this section, |
| 33 | especially regarding each seaport's degree of substantial |
| 34 | compliance with the statewide minimum security standards |
| 35 | established by this section. The Legislature shall review any |
| 36 | seaport that is not in substantial compliance with the statewide |
| 37 | minimum security standards by November 2005, as reported by the |
| 38 | Department of Law Enforcement. |
| 39 | (f) By December 31, 2004, the Legislature shall review the |
| 40 | ongoing costs of operational security for seaports, the impacts |
| 41 | of this section on those costs, mitigating factors that may |
| 42 | reduce such costs without reducing security, and methods by |
| 43 | which seaports may implement operational security using a |
| 44 | combination of sworn law enforcement officers and private |
| 45 | security services. |
| 46 | (g) Subject to the provisions of this chapter and |
| 47 | appropriations made for seaport security, state funds may not be |
| 48 | expended for operational security costs without certification of |
| 49 | need for such expenditures by the Administrator for Seaport |
| 50 | Security Inspections within the Department of Law Enforcement. |
| 51 | Section 2. Section 1004.64, Florida Statutes, is created |
| 52 | to read: |
| 53 | 1004.64 Florida Institute for Nuclear Detection and |
| 54 | Security.-- |
| 55 | (1) There is created the Florida Institute for Nuclear |
| 56 | Detection and Security, which is established at the University |
| 57 | of Florida. The institute shall serve as a design-basis center |
| 58 | for nonproliferation policies and for research, development, |
| 59 | testing, and engineering projects that directly address and |
| 60 | satisfy critical nuclear detection and security needs facing the |
| 61 | state and the nation. |
| 62 | (2) The institute shall solicit and receive state, |
| 63 | federal, and private funds for the purpose of conducting |
| 64 | research and development in the area of nuclear security. |
| 65 | Activities shall include, but not be limited to, the design and |
| 66 | testing of innovative interrogation, detection, and assessment |
| 67 | devices for monitoring nuclear material. Application areas shall |
| 68 | include, but not be limited to, portal monitoring, wide-area |
| 69 | search and cargo screening applications, structural monitoring |
| 70 | for posttensioned bridges, biological and agricultural |
| 71 | monitoring, and development of nonproliferation policies. |
| 72 | (3) The institute shall explore the development of devices |
| 73 | for the identification of isotopes and materials in structural, |
| 74 | agricultural, and biological systems of various types. |
| 75 | (4) Through research and instructional programs, the |
| 76 | faculty associated with the institute shall contribute to the |
| 77 | education and training of high-quality scientists and engineers |
| 78 | in the application of engineering solutions to homeland |
| 79 | security, detection, imaging, and interrogation systems, and |
| 80 | nonproliferation policy. |
| 81 | (5) The institute shall be established within the |
| 82 | Department of Nuclear and Radiological Engineering at the |
| 83 | University of Florida and shall consist of faculty, support |
| 84 | staff, and other staff funded by state, federal, and private |
| 85 | funds collected for the purposes of the institute. The institute |
| 86 | is authorized to hire a director, who may be appointed by the |
| 87 | chair of the Department of Nuclear and Radiological Engineering, |
| 88 | in consultation with the dean of the College of Engineering. The |
| 89 | director of the institute must possess a national reputation in |
| 90 | the field of nuclear sciences and is to serve at the pleasure of |
| 91 | the chair. |
| 92 | (6) The activities of the institute shall by directed by a |
| 93 | board of advisors, consisting of eight members who shall serve |
| 94 | without compensation. Initial appointments to the board shall be |
| 95 | as follows: |
| 96 | (a) Two members shall be appointed by the dean of the |
| 97 | College of Engineering, each to serve a term of 2 years. |
| 98 | (b) Two members shall be appointed by the chair of the |
| 99 | Department of Nuclear and Radiological Engineering, each to |
| 100 | serve a term of 3 years. |
| 101 | (c) Two members shall be appointed by the president of the |
| 102 | university, each to serve a term of 3 years. |
| 103 | (d) Two members shall be appointed by the Governor, each |
| 104 | to serve a term of 4 years. |
| 105 |
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| 106 | Such members shall include, but are not limited to, a Florida |
| 107 | citizen with an interest in public security; a faculty member of |
| 108 | the institute; a scientist with a national reputation in the |
| 109 | field of nuclear sciences; a person who has experience with the |
| 110 | nuclear energy industry; a person who has experience with |
| 111 | Federal Government programs in nuclear energy or homeland |
| 112 | security, or both; a Senator who serves on the Committee on Home |
| 113 | Defense, Public Security, and Ports, or other Senate standing |
| 114 | committee of similar jurisdiction; and a Representative who |
| 115 | serves on the Coordinating Committee on Public Security or other |
| 116 | House of Representatives standing committee of similar |
| 117 | jurisdiction. Initial members may serve one additional 4-year |
| 118 | term. If the chair of the Department of Nuclear and Radiological |
| 119 | Engineering hires a director of the institute, the director |
| 120 | shall serve as an ex officio member of the board. |
| 121 | (7) At the first meeting of the board of advisors, the |
| 122 | chair of the Department of Nuclear and Radiological Engineering |
| 123 | shall act as chair of the board for purposes of convening the |
| 124 | meeting, establishing the bylaws of the board, and electing a |
| 125 | standing chair of the board from among the appointed members. |
| 126 | (8) Through the board of advisors, the institute shall |
| 127 | prepare an annual report on its activities and progress. The |
| 128 | report shall be reviewed for approval by the chair of the |
| 129 | Department of Nuclear and Radiological Engineering. The annual |
| 130 | report shall include recommendations on nuclear security and |
| 131 | detection. Upon approval, the annual report shall be submitted |
| 132 | to the Governor, the President of the Senate, and the Speaker of |
| 133 | the House of Representatives. A copy of the report shall also be |
| 134 | delivered to the United States National Nuclear Security |
| 135 | Administration and the United States Department of Homeland |
| 136 | Security. The reports shall be submitted no later than July 1 of |
| 137 | each year, beginning in 2005. |
| 138 | Section 3. This act shall take effect upon becoming a law. |