Senate Bill sb2554

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    Florida Senate - 2006                                  SB 2554

    By Senator Klein





    30-1107B-06

  1                      A bill to be entitled

  2         An act relating to seaport security; creating

  3         s. 311.126, F.S.; providing legislative

  4         findings; providing that authorized seaport

  5         security personnel have full access at all

  6         reasonable hours to inspect all railroad cars,

  7         trucks, cargo containers, motor vehicles, truck

  8         and motor vehicle trailers, and vessels that

  9         are leaving or preparing to leave a seaport in

10         this state; authorizing seaport security

11         personnel or law enforcement officers to

12         examine any container, to open any container,

13         and to forcibly open containers if access to a

14         vehicle or container is denied by the owner,

15         driver, operator, or other person in charge of

16         the container; providing that any person who is

17         authorized to enforce or assist in enforcement

18         of the act and who lawfully engages in that

19         activity is immune from civil or criminal

20         liability; providing that a person who violates

21         the act commits a felony of the third degree;

22         providing criminal penalties; providing that

23         local seaport security personnel and law

24         enforcement agencies may request assistance

25         from state law enforcement agencies having

26         expertise in cargo security to provide

27         specialized training on cargo security;

28         requiring each seaport to set performance

29         measures for inspecting outbound vehicles;

30         authorizing ports having specific performance

31         goals and plans to receive additional funding

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    Florida Senate - 2006                                  SB 2554
    30-1107B-06




 1         for increased security costs and equipment;

 2         requiring that all services and equipment

 3         purchased conform to the approved security plan

 4         of the seaport and the area maritime security

 5         plan and be approved by the Department of Law

 6         Enforcement and the Office of Drug Control;

 7         providing an appropriation; limiting the

 8         funding each seaport may receive;  providing an

 9         effective date.

10  

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

12  

13         Section 1.  Section 311.126, Florida Statutes, is

14  created to read:

15         311.126  Outbound container and vehicle inspections.--

16         (1)  The Legislature finds that each year approximately

17  16 million shipping containers come into ports of the United

18  States and that 6 million are from overseas but fewer than 2

19  percent are inspected. The Legislature further finds that, in

20  total, the ports of this country handle more than 800 million

21  tons of cargo that is valued at approximately $600 billion.

22  The Legislature also finds that, excluding trade with Mexico

23  and Canada, the ports of this country handle 95 percent of the

24  trade of this country. In order to protect the residents of

25  this state, the Legislature finds that the inspection of

26  outbound vehicles leaving the ports of this state must be

27  increased in order to detect possible illegal activity. The

28  Legislature further finds that additional security personnel

29  and more comprehensive training in cargo security methods and

30  operations for security personnel will increase the

31  effectiveness of seaport security for the state. The

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    Florida Senate - 2006                                  SB 2554
    30-1107B-06




 1  Legislature finds that increasing the number of security

 2  personnel and providing appropriate training requires

 3  additional funding for the seaport security mission.

 4         (2)(a)  Any authorized seaport security personnel

 5  employed by seaports identified in s. 311.09 has full access

 6  at all reasonable hours to inspect:

 7         1.  All railroad cars, trucks, cargo containers, motor

 8  vehicles, truck and motor vehicle trailers, and vessels that

 9  are used or could be used in the transportation within the

10  state of any article or product that might endanger the safety

11  or security of the residents of this state; and

12         2.  All records or documents pertaining to an

13  inspection conducted under subparagraph 1.

14         (b)  Any seaport security personnel or law enforcement

15  officer, as defined in s. 943.10, may examine any vehicle,

16  container, or trailer that is leaving or is preparing to leave

17  the seaport and may open any package, article, or container of

18  any kind. Such inspection may be conducted after the vehicle,

19  container, or trailer has been cleared for entry into this

20  country by federal officials.

21         (c)  If access to any vehicle, container, or trailer is

22  refused by the owner, driver, operator, or other person in

23  charge of a vehicle, container, or trailer, or if the owner,

24  driver, operator, or other person refuses to open a package,

25  article, or container of any kind, the seaport security

26  personnel or law enforcement officer may seize the vehicle,

27  container, or trailer and forcibly open the vehicle,

28  container, or trailer.

29         (d)  Each law enforcement officer may assist seaport

30  security personnel in enforcing this section. Each law

31  enforcement officer may stop and detain any vehicle, trailer,

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    Florida Senate - 2006                                  SB 2554
    30-1107B-06




 1  or container and its driver if the driver fails to comply with

 2  this section until seaport security personnel arrive to

 3  conduct the inspection required or authorized by law. The law

 4  enforcement officer may require the driver to accompany the

 5  vehicle to the seaport for inspection of the vehicle, trailer,

 6  or container.

 7         (e)  Any person who is authorized to enforce or assist

 8  in enforcing the provisions of this section and who is

 9  lawfully engaged in such activity is immune from civil or

10  criminal liability.

11         (3)  An owner, driver, operator, or other person in

12  charge of a vehicle, container, or trailer may not refuse to

13  allow access to the vehicle, container, or trailer, or to a

14  package, article, or container inside the vehicle, container,

15  or trailer. An owner, driver, operator, or other person who

16  violates this section commits a felony of the third degree,

17  punishable as provided in s. 775.082, s. 775.083, or s.

18  775.084.

19         (4)  Local seaport security personnel and law

20  enforcement agencies may request assistance from state law

21  enforcement agencies having expertise in cargo security, such

22  as the Department of Transportation or the Department of Law

23  Enforcement, for the purpose of designing efficient and

24  effective inspection methods, providing specialized training

25  in cargo security, and enhancing the presence of local

26  security personnel on a seaport, as needed. The Department of

27  Transportation may formalize cargo security task forces within

28  the regional domestic security task forces in order to perform

29  unannounced inspections on seaports in this state or at other

30  intermodal inspection stations across the state.

31  

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    Florida Senate - 2006                                  SB 2554
    30-1107B-06




 1         (5)  Each seaport shall set performance measures for

 2  inspecting outbound vehicles which are designed to ensure a

 3  reasonable balance between cargo security and commerce. Ports

 4  that have specific performance goals and plans to reach those

 5  goals are eligible for additional funding to pay for increased

 6  security costs and equipment. Activities and equipment that

 7  are eligible for additional funding include additional

 8  security personnel, specialized cargo security training for

 9  seaport security and law enforcement personnel, purchase and

10  installation of monitoring equipment, including the purchase

11  of nonintrusive inspection technology that is capable of

12  inspecting and monitoring outbound vehicles, containers, and

13  trailers and specialized trained animals that are capable of

14  performing inspection or monitoring activities. All services

15  and equipment purchased must conform to the approved security

16  plan of the seaport and the area maritime security plan and be

17  approved by the Department of Law Enforcement and the Office

18  of Drug Control.

19         (6)  A minimum of $10 million per year shall be made

20  available from the General Revenue Fund for additional seaport

21  security. Cargo-security programs for seaports shall be

22  administered by the Department of Transportation and funds

23  shall be distributed by the Division of Law Enforcement of the

24  department. Each seaport in this state shall receive a minimum

25  of $100,000 for each fiscal year and a port may not receive

26  more than $2 million during a single fiscal year. Funds must

27  be distributed according to need as determined by the

28  Department of Transportation as well as by the ability of the

29  seaport to show an ongoing improvement in the percentage of

30  outbound vehicles inspected over each ensuing year.

31         Section 2.  This act shall take effect July 1, 2006.

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    Florida Senate - 2006                                  SB 2554
    30-1107B-06




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 2                          SENATE SUMMARY

 3    Provides that any authorized seaport security personnel
      have full access at all reasonable hours to inspect all
 4    railroad cars, trucks, cargo containers, motor vehicles,
      truck and motor vehicle trailers, and vessels that are
 5    leaving or preparing to leave a seaport in this state.
      Authorizes seaport security personnel and law enforcement
 6    officers to examine any container, to open any package,
      and, if necessary, to forcibly open containers if access
 7    to a vehicle or container is denied by a person in charge
      of the container. Provides that a person who violates the
 8    act commits a felony of the third degree. Provides that
      local seaport security personnel and law enforcement
 9    agencies may request assistance from state law
      enforcement agencies having expertise in cargo security
10    in order to provide specialized training on cargo
      security. Requires each seaport to set performance
11    measures for outbound-vehicle inspection. Authorizes
      ports that have specific performance goals and plans to
12    receive additional funding for increased security costs
      and equipment. Requires that all services and equipment
13    purchased conform to the approved security plan of the
      seaport and the area maritime security plan and be
14    approved by the Department of Law Enforcement and the
      Office of Drug Control.
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