| 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  | 
| 9 | Administrator for Seaport Security Inspections within the  | 
| 10 | Department of Law Enforcement; creating s. 1004.64, F.S.;  | 
| 11 | providing for the establishment of the Florida Institute  | 
| 12 | for Nuclear Detection and Security within the Department  | 
| 13 | of Nuclear and Radiological Engineering at the University  | 
| 14 | of Florida; providing purpose of the institute;  | 
| 15 | authorizing the institute to solicit and receive funds;  | 
| 16 | providing activities and application areas of the  | 
| 17 | institute; providing for a director and board of advisors  | 
| 18 | of the institute; providing for selection     of the  | 
| 19 | director; providing for appointment and terms of board  | 
| 20 | members; requiring an annual report; providing an  | 
| 21 | effective date. | 
| 22 | 
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| 23 | Be It Enacted by the Legislature of the State of Florida: | 
| 24 | 
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| 25 |      Section 1.  Paragraph (e) of subsection (4) of section  | 
| 26 | 311.12, Florida Statutes, is amended, and paragraphs (f) and (g)  | 
| 27 | are added to said subsection, to read: | 
| 28 |      311.12  Seaport security standards.-- | 
| 29 |      (4) | 
| 30 |      (e)  In making security project or other funding decisions  | 
| 31 | applicable to each seaport listed in s. 311.09, the Legislature  | 
| 32 | may consider as authoritative the annual report of the  | 
| 33 | Department of Law Enforcement required by this section,  | 
| 34 | especially regarding each seaport's degree of substantial  | 
| 35 | compliance with the statewide minimum security standards  | 
| 36 | established by this section. The Legislature shall review any  | 
| 37 | seaport that is not in substantial compliance with the statewide  | 
| 38 | minimum security standards by November 2005, as reported by the  | 
| 39 | Department of Law Enforcement. | 
| 40 |      (f)  By December 31, 2004, the Legislature shall review the  | 
| 41 | ongoing costs of operational security for seaports, the impacts  | 
| 42 | of this section on those costs, mitigating factors that may  | 
| 43 | reduce such costs without reducing security, and methods by  | 
| 44 | which seaports may implement operational security using a  | 
| 45 | combination of sworn law enforcement officers and private  | 
| 46 | security services. | 
| 47 |      (g)  Subject to the provisions of this chapter and  | 
| 48 | appropriations made for seaport security, state funds may not be  | 
| 49 | expended for operational security costs without certification of  | 
| 50 | need for such expenditures by the Administrator for Seaport  | 
| 51 | Security Inspections within the Department of Law Enforcement.  | 
| 52 |      Section 2.  Section 1004.64, Florida Statutes, is created  | 
| 53 | to read: | 
| 54 |      1004.64  Florida Institute for Nuclear Detection and  | 
| 55 | Security.-- | 
| 56 |      (1)  There is created the Florida Institute for Nuclear  | 
| 57 | Detection and Security, which is established at the University  | 
| 58 | of Florida. The institute shall serve as a design-basis center  | 
| 59 | for nonproliferation policies and for research, development,  | 
| 60 | testing, and engineering projects that directly address and  | 
| 61 | satisfy critical nuclear detection and security needs facing the  | 
| 62 | state and the nation. | 
| 63 |      (2)  The institute shall solicit and receive state,  | 
| 64 | federal, and private funds for the purpose of conducting  | 
| 65 | research and development in the area of nuclear security.  | 
| 66 | Activities shall include, but not be limited to, the design and  | 
| 67 | testing of innovative interrogation, detection, and assessment  | 
| 68 | devices for monitoring nuclear material. Application areas shall  | 
| 69 | include, but not be limited to, portal monitoring, wide-area  | 
| 70 | search and cargo screening applications, structural monitoring  | 
| 71 | for posttensioned bridges, biological and agricultural  | 
| 72 | monitoring, and development of nonproliferation policies. | 
| 73 |      (3)  The institute shall explore the development of devices  | 
| 74 | for the identification of isotopes and materials in structural,  | 
| 75 | agricultural, and biological systems of various types. | 
| 76 |      (4)  Through research and instructional programs, the  | 
| 77 | faculty associated with the institute shall contribute to the  | 
| 78 | education and training of high-quality scientists and engineers  | 
| 79 | in the application of engineering solutions to homeland  | 
| 80 | security, detection, imaging, and interrogation systems, and  | 
| 81 | nonproliferation policy. | 
| 82 |      (5)  The institute shall be established within the  | 
| 83 | Department of Nuclear and Radiological Engineering at the  | 
| 84 | University of Florida and shall consist of faculty, support  | 
| 85 | staff, and other staff funded by state, federal, and private  | 
| 86 | funds collected for the purposes of the institute. The institute  | 
| 87 | is authorized to hire a director, who may be appointed by the  | 
| 88 | chair of the Department of Nuclear and Radiological Engineering,  | 
| 89 | in consultation with the dean of the College of Engineering. The  | 
| 90 | director of the institute must possess a national reputation in  | 
| 91 | the field of nuclear sciences and is to serve at the pleasure of  | 
| 92 | the chair. | 
| 93 |      (6)  The activities of the institute shall by directed by a  | 
| 94 | board of advisors, consisting of eight members who shall serve  | 
| 95 | without compensation. Initial appointments to the board shall be  | 
| 96 | as follows: | 
| 97 |      (a)  Two members shall be appointed by the dean of the  | 
| 98 | College of Engineering, each to serve a term of 2 years. | 
| 99 |      (b)  Two members shall be appointed by the chair of the  | 
| 100 | Department of Nuclear and Radiological Engineering, each to  | 
| 101 | serve a term of 3 years. | 
| 102 |      (c)  Two members shall be appointed by the president of the  | 
| 103 | university, each to serve a term of 3 years. | 
| 104 |      (d)  Two members shall be appointed by the Governor, each  | 
| 105 | to serve a term of 4 years. | 
| 106 | 
  | 
| 107 | Such members shall include, but are not limited to, a Florida  | 
| 108 | citizen with an interest in public security; a faculty member of  | 
| 109 | the institute; a scientist with a national reputation in the  | 
| 110 | field of nuclear sciences; a person who has experience with the  | 
| 111 | nuclear energy industry; a person who has experience with  | 
| 112 | Federal Government programs in nuclear energy or homeland  | 
| 113 | security, or both; a Senator who serves on the Committee on Home  | 
| 114 | Defense, Public Security, and Ports, or other Senate standing  | 
| 115 | committee of similar jurisdiction; and a Representative who  | 
| 116 | serves on the Coordinating Committee on Public Security or other  | 
| 117 | House of Representatives standing committee of similar  | 
| 118 | jurisdiction. Initial members may serve one additional 4-year  | 
| 119 | term. If the chair of the Department of Nuclear and Radiological  | 
| 120 | Engineering hires a director of the institute, the director  | 
| 121 | shall serve as an ex officio member of the board. | 
| 122 |      (7)  At the first meeting of the board of advisors, the  | 
| 123 | chair of the Department of Nuclear and Radiological Engineering  | 
| 124 |  shall act as chair of the board for purposes of convening the  | 
| 125 | meeting, establishing the bylaws of the board, and electing a  | 
| 126 | standing chair of the board from among the appointed members. | 
| 127 |      (8)  Through the board of advisors, the institute shall  | 
| 128 | prepare an annual report on its activities and progress. The  | 
| 129 | report shall be reviewed for approval by the chair of the  | 
| 130 | Department of Nuclear and Radiological Engineering. The annual  | 
| 131 | report shall include recommendations on nuclear security and  | 
| 132 | detection. Upon approval, the annual report shall be submitted  | 
| 133 | to the Governor, the President of the Senate, and the Speaker of  | 
| 134 | the House of Representatives. A copy of the report shall also be  | 
| 135 | delivered to the United States National Nuclear Security  | 
| 136 | Administration and the United States Department of Homeland  | 
| 137 | Security. The reports shall be submitted no later than July 1 of  | 
| 138 | each year, beginning in 2005. | 
| 139 |      Section 3.  This act shall take effect upon becoming a law. |