Senate Bill sb2524c1

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    Florida Senate - 2004                           CS for SB 2524

    By the Committee on Home Defense, Public Security, and Ports;
    and Senator Hill




    318-2429-04

  1                      A bill to be entitled

  2         An act relating to seaport security standards;

  3         amending s. 311.12, F.S.; requiring that each

  4         seaport security plan have a procedure that

  5         notifies an individual that he or she is

  6         disqualified from employment within, or regular

  7         access to, a seaport or a seaport's restricted

  8         access area; requiring each plan to include a

  9         procedure by which the individual may appeal

10         the decision of the seaport; directing a

11         seaport to have its procedures in substantial

12         compliance with federal regulations; providing

13         criteria for seaports to consider for inclusion

14         in procedures for appeals and waivers from

15         disqualification; providing that certain

16         seaport workers holding credentials on June 3,

17         2003, shall not have seaport access denied;

18         providing for future repeal; requiring each

19         seaport to report to the Department of Law

20         Enforcement by a specified date the number of

21         waivers from disqualification issued in the

22         previous 12 months; amending s. 311.125, F.S.;

23         conforming provisions to changes made by the

24         act; providing an effective date.

25  

26  Be It Enacted by the Legislature of the State of Florida:

27  

28         Section 1.  Section 311.12, Florida Statutes, is

29  amended to read:

30         311.12  Seaport security standards.--

31  

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 1         (1)(a)  The statewide minimum standards for seaport

 2  security for each seaport identified in s. 311.09 shall be

 3  those based upon the Florida Seaport Security Assessment 2000

 4  and set forth in the "Port Security Standards--Compliance

 5  Plan" delivered to the Speaker of the House of Representatives

 6  and the President of the Senate on December 11, 2000, under

 7  pursuant to this section. The statewide minimum standards are

 8  hereby adopted. The Office of Drug Control within the

 9  Executive Office of the Governor shall maintain a sufficient

10  number of copies of the standards for use of the public, at

11  its offices, and shall provide copies to each affected seaport

12  upon request.

13         (b)  The Department of Law Enforcement may exempt any

14  seaport identified in s. 311.09 from all or part of the

15  requirements of subsections (1)-(5) if the department

16  determines that the seaport is not active. The department

17  shall periodically review exempted seaports to determine if

18  there is maritime activity at the seaport. A change in status

19  from inactive to active may warrant removal of all or part of

20  any exemption provided by the department.

21         (2)  Each seaport identified in s. 311.09 shall

22  maintain a security plan relating to the specific and

23  identifiable needs of the seaport which assures that the

24  seaport is in substantial compliance with the statewide

25  minimum standards established under pursuant to subsection

26  (1). Each plan adopted or revised under pursuant to this

27  subsection must be reviewed and approved by the Office of Drug

28  Control and the Department of Law Enforcement. All such

29  seaports shall allow unimpeded access by the Department of Law

30  Enforcement to the affected facilities for purposes of

31  inspections or other operations authorized by this section.

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 1  Each seaport security plan may establish restricted access

 2  areas within the seaport consistent with the requirements of

 3  the statewide minimum standards. In these such cases, a

 4  Uniform Port Access Credential Card, authorizing

 5  restricted-area access, shall be required for any individual

 6  working within or authorized to regularly enter a restricted

 7  access area and the requirements in subsection (3) relating to

 8  criminal history checks and employment restrictions shall be

 9  applicable only to employees or other persons working within

10  or authorized to regularly enter a restricted access area.

11  Every seaport security plan shall set forth the conditions and

12  restrictions to be imposed upon others visiting the port or

13  any restricted access area sufficient to provide substantial

14  compliance with the statewide minimum standards.

15         (3)(a)  A fingerprint-based criminal history check

16  shall be performed on any applicant for employment, every

17  current employee, and other persons as designated under

18  pursuant to the seaport security plan for each seaport. The

19  criminal history check shall be performed in connection with

20  employment within or other authorized regular access to a

21  restricted access area or the entire seaport if the seaport

22  security plan does not designate one or more restricted access

23  areas. With respect to employees or others with regular

24  access, the such checks shall be performed at least once every

25  5 years or at other more frequent intervals as provided by the

26  seaport security plan. Each individual subject to the

27  background criminal history check shall file a complete set of

28  fingerprints taken in a manner required by the Department of

29  Law Enforcement and the seaport security plan. Fingerprints

30  shall be submitted to the Department of Law Enforcement for

31  state processing and to the Federal Bureau of Investigation

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 1  for federal processing. The results of each fingerprint-based

 2  check shall be reported to the requesting seaport. The costs

 3  of the checks, consistent with s. 943.053(3), shall be paid by

 4  the seaport or other employing entity or by the person

 5  checked.

 6         (b)  By January 1, 2002, each seaport security plan

 7  shall identify criminal convictions or other criminal history

 8  factors consistent with paragraph (e) (c) which shall

 9  disqualify a person from either initial seaport employment or

10  new authorization for regular access to seaport property or to

11  a restricted access area. These Such factors shall be used to

12  disqualify all applicants for employment or others seeking

13  regular access to the seaport or restricted access area on or

14  after January 1, 2002, and may be used to disqualify all those

15  employed or authorized for regular access on that date. Each

16  seaport security plan may establish a procedure to appeal a

17  denial of employment or access based upon procedural

18  inaccuracies or discrepancies regarding criminal history

19  factors established pursuant to this paragraph. A seaport may

20  allow waivers on a temporary basis to meet special or

21  emergency needs of the seaport or its users. Policies,

22  procedures, and criteria for implementation of this subsection

23  shall be included in the seaport security plan. All waivers

24  granted pursuant to this paragraph must be reported to the

25  Department of Law Enforcement within 30 days of issuance.

26         (c)  Each seaport security plan shall establish a

27  procedure that notifies an individual that he or she is

28  disqualified for employment within or regular access to a

29  seaport or restricted access area. The plan shall also include

30  a procedure by which the individual may appeal the decision of

31  the seaport. The procedures must be in substantial compliance

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 1  with 49 C.F.R., Part 1572, and must include, but need not be

 2  limited to, the following:

 3         1.  The seaport must notify the individual, in writing,

 4  that he or she poses a security threat to the seaport and is

 5  disqualified for employment in or access to the seaport. The

 6  notification must include a statement that the seaport has

 7  determined that the individual poses a security threat

 8  warranting disqualification, the basis for the determination,

 9  and information about the correction of records and appeal

10  procedures.

11         2.  An individual may appeal a disqualification

12  determination only if the individual asserts that he or she

13  meets the qualifications set by the seaport for the position

14  for which he or she is applying. If the disqualification

15  determination is based on a conviction for a disqualifying

16  crime listed in paragraph (e), the individual may present

17  evidence that the underlying criminal record is incorrect, or

18  that the conviction was pardoned, expunged, or overturned on

19  appeal. An executive pardon, expungement, or overturned

20  conviction may nullify a disqualifying conviction if the

21  pardon, expungement, or overturned conviction does not impose

22  any restrictions on the individual.

23         3.  An individual may initiate an appeal of a

24  disqualification determination by submitting a written request

25  for materials or a written reply to the seaport within 15 days

26  after receiving notification of the disqualification

27  determination. If the individual does not initiate an appeal

28  within that time, the decision of the seaport is final.

29         4.  The individual may serve upon the seaport a written

30  request for copies of the materials upon which the

31  disqualification determination was based. If the

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 1  disqualification determination was based on a state or Federal

 2  Bureau of Investigation criminal history record that the

 3  individual believes is erroneous, the individual may correct

 4  the record and submit the corrections to the seaport. The

 5  seaport must respond within 30 days after receiving the

 6  individual's request for materials. The seaport must give the

 7  individual a copy of the releasable materials upon which the

 8  disqualification determination was based. The seaport may not

 9  include any classified information as provided by federal law.

10         5.  The individual may also serve on the seaport a

11  written reply to the disqualification determination stating

12  that the seaport made errors when it issued the

13  disqualification determination.

14         6.  The seaport must respond to the individual's appeal

15  no later than 30 days after the seaport receives an

16  individual's request. If the seaport determines that the

17  individual does pose a security threat, the seaport shall give

18  written notice to the individual of its final decision that

19  the individual is disqualified for employment in or access to

20  the seaport. If, upon reconsideration, the seaport concludes

21  that the individual does not pose a security threat to the

22  seaport, the seaport must notify the individual in writing of

23  its decision. Thereafter, the seaport shall issue to the

24  individual the appropriate Uniform Port Access Credential

25  Card.

26         7.  If the seaport determines that the individual does

27  pose a security threat, the seaport must include in its

28  written notice of disqualification that the seaport's decision

29  is final agency action subject to review under chapter 120,

30  where applicable, or if the seaport is not subject to chapter

31  

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 1  120, that the seaport's decision is subject to judicial review

 2  in circuit court.

 3         (d)  A seaport may allow waivers on a temporary basis

 4  to meet special or emergency needs of the seaport or its

 5  users. Policies, procedures, and criteria for implementation

 6  of this paragraph must be included in the seaport security

 7  plan. The seaport must consider, when determining whether to

 8  grant a waiver, if the disqualification is based on a

 9  disqualifying criminal offense, the circumstances of the

10  disqualifying act or offense, whether restitution was made by

11  the individual, and other factors that indicate that the

12  individual does not otherwise pose a security threat

13  warranting disqualification for access to the seaport. The

14  seaport must send a written notice to the individual informing

15  the individual whether the seaport granted or denied the

16  request for a waiver. All waivers granted under this paragraph

17  must be reported to the Department of Law Enforcement within

18  30 days after issuance.

19         (e)(c)  In addition to other requirements for

20  employment or access established by each seaport under

21  pursuant to its seaport security plan, each seaport security

22  plan shall provide that:

23         1.  Any person who has within the past 7 years been

24  convicted, regardless of whether adjudication was withheld,

25  for a forcible felony as defined in s. 776.08; an act of

26  terrorism as defined in s. 775.30; planting of a hoax bomb as

27  provided in s. 790.165; any violation involving the

28  manufacture, possession, sale, delivery, display, use, or

29  attempted or threatened use of a weapon of mass destruction or

30  hoax weapon of mass destruction as provided in s. 790.166;

31  dealing in stolen property; any violation of s. 893.135; any

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 1  violation involving the sale, manufacturing, delivery, or

 2  possession with intent to sell, manufacture, or deliver a

 3  controlled substance; burglary; robbery; any felony violation

 4  of s. 812.014; any violation of s. 790.07; any crime an

 5  element of which includes use or possession of a firearm; any

 6  conviction for any similar offenses under the laws of another

 7  jurisdiction; or conviction for conspiracy to commit any of

 8  the listed offenses is shall not be qualified for initial

 9  employment within or regular access to a seaport or restricted

10  access area; and

11         2.  Any person who has at any time been convicted for

12  any of the listed offenses is shall not be qualified for

13  initial employment within or authorized regular access to a

14  seaport or restricted access area unless, after release from

15  incarceration and any supervision imposed as a sentence, the

16  person remained free from a subsequent conviction, regardless

17  of whether adjudication was withheld, for any of the listed

18  offenses for a period of at least 7 years prior to the

19  employment or access date under consideration. Provided,

20  however, that any worker holding credentials allowing access

21  as provided herein on June 3, 2003, who, but for the increase

22  from 5 to 7 years as implemented by chapter 2003-96, Laws of

23  Florida, and who is otherwise qualified for such access shall

24  not have qualified access denied.  This provision is repealed

25  on June 4, 2005.

26         (f)(d)  By October 1 of each year, each seaport shall

27  report to the Department of Law Enforcement each determination

28  of denial of employment or access, and any determination to

29  authorize employment or access after an appeal of a denial and

30  any determination to issue a waiver made during the previous

31  12 months. The report shall include the identity of the

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 1  individual affected, the factors supporting the determination,

 2  and any other material factors used in making the

 3  determination.

 4         (4)(a)  Subject to the provisions of subsection (6),

 5  each affected seaport shall begin to implement its security

 6  plan developed under this section by July 1, 2001.

 7         (b)  The Office of Drug Control and the Department of

 8  Law Enforcement may modify or waive any physical facility or

 9  other requirement contained in the statewide minimum standards

10  for seaport security upon a finding or other determination

11  that the purposes of the standards have been reasonably met or

12  exceeded by the seaport requesting the modification or waiver.

13  The Such modifications or waivers shall be noted in the annual

14  report submitted by the Department of Law Enforcement under

15  pursuant to this subsection.

16         (c)  Beginning with the 2001-2002 fiscal year, the

17  Department of Law Enforcement, or any entity designated by the

18  department, shall conduct no less than one annual unannounced

19  inspection of each seaport listed in s. 311.09 to determine

20  whether the seaport is meeting the minimum standards

21  established under pursuant to this section, and to identify

22  seaport security changes or improvements necessary or

23  otherwise recommended. The Department of Law Enforcement, or

24  any entity designated by the department, may conduct

25  additional announced or unannounced inspections or operations

26  within or affecting any affected seaport to test compliance

27  with, or the effectiveness of, security plans and operations

28  at each seaport, to determine compliance with physical

29  facility requirements and standards, or to assist the

30  department in identifying changes or improvements necessary to

31  

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 1  bring a seaport into compliance with the statewide minimum

 2  security standards.

 3         (d)  By December 31, 2001, and annually thereafter, the

 4  Department of Law Enforcement, in consultation with the Office

 5  of Drug Control, shall complete a report indicating the

 6  observations and findings of all inspections or operations

 7  conducted during the year and any recommendations developed by

 8  reason of these such inspections. A copy of the report shall

 9  be provided to the Governor, the President of the Senate, the

10  Speaker of the House of Representatives, and the chief

11  administrator of each seaport inspected. The report shall

12  include responses from the chief administrator of any seaport

13  indicating what actions, if any, have been taken or are

14  planned to be taken in response to the recommendations,

15  observations, and findings reported by the department.

16         (e)  In making security project or other funding

17  decisions applicable to each seaport listed in s. 311.09, the

18  Legislature may consider as authoritative the annual report of

19  the Department of Law Enforcement required by this section,

20  especially regarding each seaport's degree of substantial

21  compliance with the statewide minimum security standards

22  established by this section.

23         (5)  Nothing in This section does not prevent shall be

24  construed as preventing any seaport from implementing security

25  measures that are more stringent, greater than, or

26  supplemental to the statewide minimum standards established by

27  this section except that, for purposes of employment and

28  access, each seaport shall adhere to the requirements provided

29  in paragraph (3)(e) (3)(c) and may shall not exceed statewide

30  minimum requirements.

31  

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 1         (6)  When funds are appropriated for seaport security,

 2  the Office of Drug Control and the Florida Seaport

 3  Transportation and Economic Development Council shall mutually

 4  determine the allocation of these such funds for security

 5  project needs identified in the approved seaport security

 6  plans required by this section. Any seaport that receives

 7  state funds for security projects must enter into a joint

 8  participation agreement with the appropriate state entity and

 9  must use the seaport security plan developed under pursuant to

10  this section as the basis for the agreement. If funds are made

11  available over more than one fiscal year, the such agreement

12  must reflect the entire scope of the project approved in the

13  security plan and, as practicable, allow for reimbursement for

14  authorized projects over more than 1 year. The joint

15  participation agreement may include specific timeframes for

16  completion of a security project and the applicable funding

17  reimbursement dates. The joint participation agreement may

18  also require a contractual penalty, not to exceed $1,000 per

19  day, to be imposed for failure to meet project completion

20  dates provided state funding is available. Any such penalty

21  shall be deposited into the State Transportation Trust Fund to

22  be used for seaport security operations and capital

23  improvements.

24         Section 2.  Section 311.125, Florida Statutes, is

25  amended to read:

26         311.125  Uniform Port Access Credential System.--

27         (1)  By July 1, 2004, each seaport identified in s.

28  311.09 and subject to the statewide minimum seaport security

29  standards set forth in s. 311.12 shall be required to use a

30  Uniform Port Access Credential Card that is to be used

31  utilized in the operation of the state Uniform Port Access

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 1  Credential System as required herein. All Uniform Port Access

 2  Credential Cards shall be issued by the Department of Highway

 3  Safety and Motor Vehicles to the designated port authority, or

 4  recognized governing board, of the requesting seaport for

 5  distribution to the credential applicant.

 6         (2)(a)  The Department of Highway Safety and Motor

 7  Vehicles, in consultation with the Department of Law

 8  Enforcement, the Florida Seaport Transportation and Economic

 9  Development Council, the Florida Trucking Association, and the

10  United States Transportation Security Administration shall

11  develop a Uniform Port Access Credential System for use in

12  onsite verification of access authority for all persons on a

13  seaport as defined in s. 311.12(2), using utilizing the

14  Uniform Port Access Credential Card as authorized herein. Each

15  seaport, in a manner consistent with the "Port Security

16  Standards Compliance Plan" delivered to the Speaker of the

17  House of Representatives and the President of the Senate on

18  December 11, 2000, under pursuant to s. 311.12, and this

19  section, is responsible for granting, restricting, or

20  modifying access authority provided to each Uniform Port

21  Access Credential Card holder and promptly communicating the

22  levels of access or changes in the level of access to the

23  department for its use in administering the Uniform Port

24  Access Credential System. Each seaport is responsible for the

25  proper operation and maintenance of the Uniform Port Access

26  Credential Card reader and access verification utilizing the

27  Uniform Port Access Credential System at its location. The

28  Uniform Port Access Credential Card reader and Uniform Port

29  Access Credential System shall be used utilized by each

30  seaport to ensure compliance with the access restrictions

31  provided by s. 311.12.

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 1         (b)  The system shall be designed to conform, as

 2  closely as possible, with criteria established by the United

 3  States Transportation Security Administration for a

 4  Transportation Worker Identification Card, or similar

 5  identification, as required by federal law.  The system shall,

 6  at a minimum, consist of:

 7         1.  A centralized, secure database for collecting and

 8  maintaining fingerprints and other biometric means of

 9  identity, and other information pertaining to personal

10  identification of persons working on, or doing business at, a

11  Florida seaport as set forth in s. 311.12;

12         2.  A methodology for receiving data from each port and

13  transmitting data to each port regarding access permissions;

14         3.  Technology required for each gate and portal at

15  each seaport to be interactive with the Uniform Port Access

16  Credential System during all hours of operation;

17         4.  The ability to identify persons who have violated

18  the access requirements of s. 311.12 and to deactivate the

19  access permissions of those persons; and

20         5.  The ability to use utilize the Uniform Port Access

21  Credential Card in a manner consistent herein.

22  

23  The Such system shall be designed to ensure the credentialed

24  cardholders' privacy in a manner consistent with the state's

25  security requirements as provided herein.

26         (3)  The Uniform Port Access Credential Card must

27  include at a minimum a digital fullface photograph, a digital

28  fingerprint, a multilayered security process, a

29  two-dimensional barcode with technology specifications that

30  will allow the unique biometric identifiers to reside in the

31  barcode, a unique identifying code or number, scanning

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 1  capability to compare required identifiers with information on

 2  file in the central database, and background color

 3  differentials for visual identification of access permissions.

 4         (4)  A fingerprint-based criminal history check shall

 5  be performed on an applicant for a Uniform Port Access

 6  Credential Card as provided in s. 311.12(3). Based upon review

 7  of the criminal history check, each seaport may determine the

 8  specific access permissions that will be granted to that

 9  applicant. Upon receipt of a port authority "Notification of

10  Access Permission" form and a verification of the criminal

11  history check, the department shall issue a Uniform Port

12  Access Credential Card to the port authority for distribution

13  to the applicant.

14         (5)  A Uniform Port Access Credential Card is valid for

15  4 years following the date of issuance.  Criminal history

16  checks may be performed on a random basis, but at least once a

17  year, during the period that the such credential card is

18  active to ensure that the credential holder complies with the

19  requirements for access to restricted areas provided in s.

20  311.12(3). Failure to complete any part of the required

21  credential application process, or failure to comply with the

22  criminal history clearances, shall be grounds for immediate

23  denial of access. In addition to access authority granted to

24  seaports, access authority may be restricted or revoked by the

25  Department of Highway Safety and Motor Vehicles or the

26  Department of Law Enforcement if the cardholder is suspected

27  of criminal violations that could affect the security of a

28  port or that otherwise render the cardholder ineligible for

29  port access, upon suspicion that the person in possession of

30  the card is using it, or attempting to use it, fraudulently,

31  

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 1  or if restriction or revocation is done to assure the security

 2  of any port or portion thereof.

 3         (6)  Corporations, persons, or other business entities

 4  that employ persons to work on, or do business at, seaports

 5  regulated in s. 311.12 shall notify those seaports for which

 6  those employees have access permissions in the event of the

 7  employee's termination, resignation, work-related

 8  incapacitation, or death. Uniform Port Access Credential Card

 9  accesses for persons not currently employed to perform a job

10  on a seaport shall be placed in an inactive status. Upon

11  notification of a work status change, the port authority, or

12  recognized governing board, shall notify the department to

13  have the credential card placed in an inactive status.

14  Inactive status shall continue until the expiration of the

15  credential card or reactivation of the card by petition. The

16  former employee may have the credential card reactivated by

17  petitioning a seaport. The port authority, or recognized

18  governing board, of any seaport may determine that the

19  individual is employed by another appropriate entity or is

20  self-employed for purposes of performing work on the seaport.

21  Upon that determination, the port authority, or recognized

22  governing board, may request reactivation of credentialing

23  permissions. All these such cards may be restricted or revoked

24  as provided in subsection (5).

25         (7)  Failure to report a change in work status, as

26  defined in this section, within 7 days after the action may

27  result in revocation of the business entity's access to the

28  seaport.

29         (8)  Each person working on a seaport, as regulated in

30  s. 311.12(2), shall be issued a Uniform Port Access Credential

31  Card upon completion of the application process. Upon issuance

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 1  of the Uniform Port Access Credential Card, the cardholder is

 2  eligible to enter a seaport in the system based on the level

 3  of permission allowed by each respective seaport. A person

 4  working in a restricted access area must meet the requirements

 5  of s. 311.12(3). The Uniform Port Access Credential Card shall

 6  be clearly marked for visual verification of the cardholder's

 7  permission for access to a restricted area, under pursuant to

 8  subsection (3). The card must contain biometric verification

 9  of the cardholder's identity and proper access permissions.

10  Entrance to a restricted access area, as defined in s.

11  311.12(2), shall require a machine check and fingerprint

12  verification of each person's Uniform Port Access Credential

13  Card for proper identification. Exit from any restricted

14  access area of a seaport shall require a machine check of the

15  credential card.

16         (9)  Each person not producing a Uniform Port Access

17  Credential Card upon arrival at a restricted area of a seaport

18  must, at a minimum, stop at a check point, show valid

19  identification, and receive a visitor's pass in order to

20  proceed. The visitor's pass must be plainly displayed on the

21  person of the visitor or in the windshield of the vehicle and

22  designate what area of the seaport may be accessed by the

23  visitor. Failure to display the visitor's pass shall result in

24  revocation of a worker's permission to work on the seaport.

25  Public conveyances such as buses carrying passengers into

26  restricted access areas must be able to verify that all

27  passengers have legitimate business on the seaport. Procedures

28  for implementation of this process are the responsibility of

29  each seaport.

30         (10)  The price of a Uniform Port Access Credential

31  Card shall be set by the department and shall reflect the cost

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    Florida Senate - 2004                           CS for SB 2524
    318-2429-04




 1  of the required criminal history checks, including the cost of

 2  the initial state and federal fingerprint check and the annual

 3  criminal history check and the cost of production and issuance

 4  of the card by the department. A seaport may charge an

 5  additional administrative fee to cover the costs of issuing

 6  credentials to its employees and persons doing business at the

 7  seaport.

 8         (11)  Each Uniform Port Access Credential Card remains

 9  the property of the State of Florida. Any person possessing

10  such a card shall provide it to any law enforcement officer

11  upon request. A law enforcement officer having reasonable

12  suspicion to believe that a card is possessed or is being used

13  in violation of law or the standards provided by this section,

14  or in any other manner that raises a concern about the safety

15  and security of a seaport, may seize the card. A cardholder

16  has no cause of action against any law enforcement officer who

17  seizes a Uniform Port Access Credential Card.

18         (12)  Each seaport defined in s. 311.09 and required to

19  meet the minimum security standards set forth in s. 311.12

20  shall comply with technology improvement requirements for the

21  activation of the Uniform Port Access Credential System no

22  later than July 1, 2004. Equipment and technology requirements

23  for the system shall be specified by the department no later

24  than July 1, 2003. The system shall be implemented at the

25  earliest possible time that all seaports have active

26  technology in place, but no later than July 1, 2004.

27         (13)  The "Port Security Standards Compliance Plan"

28  delivered to the Speaker of the House of Representatives and

29  the President of the Senate on December 11, 2000, under

30  pursuant to s. 311.12, shall be updated by the Department of

31  Law Enforcement to reflect the changes made by this act.

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    Florida Senate - 2004                           CS for SB 2524
    318-2429-04




 1         (14)  This section shall be contingent on the receipt

 2  of the federal grant funds necessary to implement the Uniform

 3  Port Access Credential System.

 4         Section 3.  This act shall take effect July 1, 2004.

 5  

 6          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
 7                         Senate Bill 2524

 8                                 

 9  
    Provides that a seaport must include in its written notice of
10  disqualification for employment that the seaport's decision is
    final agency action subject to review under Chapter 120, where
11  applicable, or if the seaport is not subject to Chapter 120,
    that the seaport's decision is subject to judicial review in
12  circuit court.

13  Restores a provision in current law by increasing from 5 to 7
    years the length of time a person must remain conviction-free
14  after release from incarceration before he or she may qualify
    for employment or restricted area access.  Provides that any
15  worker holding credentials allowing access on June 3, 2003,
    who, but for the increase from 5 to 7 years as implemented by
16  provisions of Chapter 2003-96 and who is otherwise qualified
    for seaport access shall not have qualified access
17  denied.  This provision is repealed on June 4, 2005.

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