| 1 | A bill to be entitled |
| 2 | An act relating to seaport security; creating s. 311.111, |
| 3 | F.S.; requiring each seaport authority or governing board |
| 4 | of a seaport that is subject to the statewide minimum |
| 5 | seaport security standards to designate and identify |
| 6 | security area designations, access requirements, and |
| 7 | security enforcement authorizations on seaport premises |
| 8 | and in seaport security plans; providing that any part of |
| 9 | a port's property may be designated as a restricted access |
| 10 | area under certain conditions; amending s. 311.12, F.S.; |
| 11 | revising purpose of security plans maintained by seaports; |
| 12 | requiring periodic plan revisions; requiring plans to be |
| 13 | inspected for compliance by the Office of Drug Control and |
| 14 | the Department of Law Enforcement based upon specified |
| 15 | standards; providing requirements with respect to |
| 16 | protection standards in specified restricted areas; |
| 17 | requiring delivery of the plan to specified entities; |
| 18 | requiring the Department of Law Enforcement to inspect |
| 19 | every seaport within the state to determine if all |
| 20 | security measures adopted by the seaport are in compliance |
| 21 | with seaport security standards; requiring a report; |
| 22 | authorizing seaports to request review by the Domestic |
| 23 | Security Oversight Council of the findings in a Department |
| 24 | of Law Enforcement inspection report; limiting the |
| 25 | findings which the council is authorized to review; |
| 26 | requiring the Department of Law Enforcement to establish a |
| 27 | waiver process to grant certain individuals unescorted |
| 28 | access to seaports or restricted access areas under |
| 29 | certain circumstances; providing waiver process |
| 30 | requirements; requiring the administrative staff of the |
| 31 | Parole Commission to review the waiver application and |
| 32 | transmit the findings to the department; requiring the |
| 33 | department to make a final disposition of the application |
| 34 | and notify the applicant and the seaport; providing that |
| 35 | the waiver review process is exempt from the |
| 36 | Administrative Procedure Act; providing procedures and |
| 37 | requirements with respect to waiver of any physical |
| 38 | facility requirement or other requirement contained in the |
| 39 | statewide minimum standards for seaport security; |
| 40 | providing a penalty for possession of a concealed weapon |
| 41 | while on seaport property in a designated restricted area; |
| 42 | creating the Seaport Standards Security Advisory Council |
| 43 | under the Office of Drug Control within the Executive |
| 44 | Office of the Governor; providing membership, terms, |
| 45 | organization, and meetings of the council; requiring the |
| 46 | Office of Drug Control to convene the Seaport Security |
| 47 | Standards Advisory Council to review the statewide minimum |
| 48 | standards for seaport security; requiring periodic review |
| 49 | of the statewide minimum standards for seaport security to |
| 50 | be conducted by the council; creating s. 311.121, F.S.; |
| 51 | providing legislative intent with respect to the |
| 52 | employment by seaports of certified law enforcement |
| 53 | officers and certified private security officers; |
| 54 | providing authority of seaports and requirements of the |
| 55 | Department of Law Enforcement with respect to such intent; |
| 56 | requiring the authority or governing board of each seaport |
| 57 | that is subject to statewide minimum seaport security |
| 58 | standards to impose specified requirements for |
| 59 | certification as a seaport security officer; creating the |
| 60 | Seaport Security Officer Qualification, Training, and |
| 61 | Standards Coordinating Council under the Department of Law |
| 62 | Enforcement; providing membership and organization of the |
| 63 | council; providing terms of members; providing duties and |
| 64 | authority of the council; requiring the Department of |
| 65 | Education to develop curriculum recommendations and |
| 66 | specifications of the council into initial and continuing |
| 67 | education and training programs for seaport security |
| 68 | officer certification; providing requirements and |
| 69 | procedures with respect to such training programs; |
| 70 | providing requirements and procedures with respect to |
| 71 | certification as a seaport security officer; providing |
| 72 | requirements for renewal of inactive or revoked |
| 73 | certification; creating s. 311.122, F.S.; authorizing each |
| 74 | seaport in the state to create a seaport law enforcement |
| 75 | agency for its facility; providing requirements of an |
| 76 | agency; requiring certification of an agency; providing |
| 77 | requirements with respect to the composition of agency |
| 78 | personnel; providing powers of seaport law enforcement |
| 79 | agency officers and seaport security officers; creating s. |
| 80 | 311.123, F.S.; providing for the creation of a maritime |
| 81 | domain security awareness training program; providing |
| 82 | purpose of the program; providing program training |
| 83 | curriculum requirements; creating s. 311.124, F.S.; |
| 84 | providing authority of seaport security officers to detain |
| 85 | persons suspected of trespassing in a designated |
| 86 | restricted area of a seaport; providing immunity from |
| 87 | specified criminal or civil liability; creating s. |
| 88 | 817.021, F.S.; providing a criminal penalty for willfully |
| 89 | and knowingly providing false information in obtaining or |
| 90 | attempting to obtain a seaport security identification |
| 91 | card; providing an effective date. |
| 92 |
|
| 93 | Be It Enacted by the Legislature of the State of Florida: |
| 94 |
|
| 95 | Section 1. Section 311.111, Florida Statutes, is created |
| 96 | to read: |
| 97 | 311.111 Security area designations; access requirements; |
| 98 | authority.--Each seaport authority or governing board of a |
| 99 | seaport identified in s. 311.09 that is subject to the statewide |
| 100 | minimum seaport security standards in s. 311.12 shall clearly |
| 101 | designate in seaport security plans and clearly identify with |
| 102 | appropriate signs and markers on the premises of a seaport the |
| 103 | following security area designations, access requirements, and |
| 104 | corresponding security enforcement authorizations, which may |
| 105 | include, but not be limited to, clear notice of the prohibition |
| 106 | on possession of concealed weapons and other contraband material |
| 107 | on the premises of the seaport: |
| 108 | (1) UNRESTRICTED PUBLIC ACCESS AREA.--An unrestricted |
| 109 | public access area of a seaport is open to the general public |
| 110 | without a seaport identification card other than that required |
| 111 | as a condition of employment by a seaport director. |
| 112 | (2) RESTRICTED PUBLIC ACCESS AREA.--A restricted public |
| 113 | access area of a seaport is open to the public for a specific |
| 114 | purpose via restricted access and open to individuals working on |
| 115 | the seaport, seaport employees, or guests who have business with |
| 116 | the seaport. Any person found in these areas without the proper |
| 117 | level of identification card is subject to the trespass |
| 118 | provisions of ss. 810.08 and 810.09 and this chapter. All |
| 119 | persons and objects in these areas are subject to search by a |
| 120 | sworn state-certified law enforcement officer, a Class D seaport |
| 121 | security officer certified under Maritime Transportation |
| 122 | Security Act guidelines and s. 311.121, or an employee of the |
| 123 | seaport security force certified under the Maritime |
| 124 | Transportation Security Act guidelines and s. 311.121. |
| 125 | (3) RESTRICTED ACCESS AREA.--A restricted access area of a |
| 126 | seaport is open only to individuals working on the seaport, |
| 127 | seaport employees, or guests who have business with the seaport. |
| 128 | Any person found in these areas without the proper level of |
| 129 | identification card is subject to the trespass provisions of ss. |
| 130 | 810.08 and 810.09 and this chapter. All persons and objects in |
| 131 | these areas are subject to search by a sworn state-certified law |
| 132 | enforcement officer, a Class D seaport security officer |
| 133 | certified under Maritime Transportation Security Act guidelines |
| 134 | and s. 311.121, or an employee of the seaport security force |
| 135 | certified under the Maritime Transportation Security Act |
| 136 | guidelines and s. 311.121. |
| 137 | (4) SECURED RESTRICTED ACCESS AREA.--A secured restricted |
| 138 | access area of a seaport is open only to individuals working on |
| 139 | the seaport, seaport employees, or guests who have business with |
| 140 | the seaport and is secured at each point of access at all times |
| 141 | by a Class D seaport security officer certified under the |
| 142 | Maritime Transportation Security Act, a sworn state-certified |
| 143 | law enforcement officer, or an employee of the port's security |
| 144 | force certified under the Maritime Transportation Security Act. |
| 145 | Any person found in these areas without the proper level of |
| 146 | identification card is subject to the trespass provisions of ss. |
| 147 | 810.08 and 810.09 and this chapter. All persons and objects in |
| 148 | these areas are subject to search by a Class D seaport security |
| 149 | officer certified under Maritime Transportation Security Act |
| 150 | guidelines and s. 311.121, a sworn state-certified law |
| 151 | enforcement officer, or an employee of the seaport security |
| 152 | force certified under the Maritime Transportation Security Act |
| 153 | guidelines and s. 311.121. |
| 154 | (5) TEMPORARY DESIGNATION.--During a period of high |
| 155 | terrorist threat level designated by the United States |
| 156 | Department of Homeland Security or the Florida Department of Law |
| 157 | Enforcement or during an emergency declared at a port by the |
| 158 | seaport security director due to events applicable to that |
| 159 | particular port, the management or controlling authority of the |
| 160 | port may temporarily designate any part of the port property as |
| 161 | a restricted access area or a secured restricted access area. |
| 162 | The duration of such designation is limited to the period in |
| 163 | which the high terrorist threat level is in effect or a port |
| 164 | emergency exists. Subsections (3) and (4) do not limit the power |
| 165 | of the managing or controlling authority of a seaport to |
| 166 | designate any port property as a restricted access area or a |
| 167 | secured restricted access area as otherwise provided by law. |
| 168 | Section 2. Subsection (2) and paragraph (b) of subsection |
| 169 | (4) of section 311.12, Florida Statutes, are amended, paragraph |
| 170 | (e) is added to subsection (3), and subsections (7) and (8) are |
| 171 | added to that section, to read: |
| 172 | 311.12 Seaport security standards; inspections; |
| 173 | compliance; appeals.-- |
| 174 | (2)(a) Each seaport identified in s. 311.09 shall maintain |
| 175 | a security plan to provide for a secure seaport infrastructure |
| 176 | specific to that seaport that shall promote the safety and |
| 177 | security of the residents and visitors of the state and promote |
| 178 | the flow of legitimate trade and travel. Commencing January 1, |
| 179 | 2007, and every 5 years thereafter, the seaport director of each |
| 180 | seaport, with the assistance of the Regional Domestic Security |
| 181 | Task Force and in conjunction with the United States Coast |
| 182 | Guard, shall revise the seaport security plan based on the |
| 183 | results of continual, quarterly assessments by the seaport |
| 184 | director of security risks and possible risks related to |
| 185 | terrorist activities and relating to the specific and |
| 186 | identifiable needs of the seaport which assures that the seaport |
| 187 | is in substantial compliance with the statewide minimum |
| 188 | standards established pursuant to subsection (1). |
| 189 | (b) Each plan adopted or revised pursuant to this |
| 190 | subsection shall be inspected for compliance and must be |
| 191 | reviewed and approved by the Office of Drug Control and the |
| 192 | Department of Law Enforcement based solely upon the standards as |
| 193 | set forth under the most current Maritime Transportation |
| 194 | Security Act, 33 C.F.R. s. 105.305, and the statewide minimum |
| 195 | standards established pursuant to subsection (1). All such |
| 196 | seaports shall allow unimpeded access by the Department of Law |
| 197 | Enforcement to the affected facilities for purposes of plan or |
| 198 | compliance inspections or other operations authorized by this |
| 199 | section. |
| 200 | (c) Each seaport security plan shall may establish |
| 201 | unrestricted and restricted access areas within the seaport |
| 202 | consistent with the requirements of the statewide minimum |
| 203 | standards and the provisions of s. 311.111. In such cases, a |
| 204 | Uniform Port Access Credential Card, authorizing restricted-area |
| 205 | access, shall be required for any individual working within or |
| 206 | authorized to regularly enter a restricted access area and the |
| 207 | requirements in subsection (3) relating to criminal history |
| 208 | checks and employment restrictions shall be applicable only to |
| 209 | employees or other persons working within or authorized to |
| 210 | regularly enter a restricted access area. Every seaport security |
| 211 | plan shall set forth the conditions and restrictions to be |
| 212 | imposed upon others visiting the port or any restricted access |
| 213 | area sufficient to provide substantial compliance with the |
| 214 | statewide minimum standards. As determined by the seaport |
| 215 | director's most current risk assessment report, any restricted |
| 216 | access area with a potential human occupancy of 50 persons or |
| 217 | more, any cruise terminal, or any business operation that is |
| 218 | adjacent to an unrestricted public access area shall be |
| 219 | protected from the most probable and creditable terrorist threat |
| 220 | to human life by the use of the methods and principles contained |
| 221 | within Federal Emergency Management Agency, Risk Management |
| 222 | Series, "Reference Manual to Mitigate Potential Terrorist |
| 223 | Attacks Against Buildings" (FEMA 426) and the Federal Emergency |
| 224 | Management Agency, Risk Management Series, "Risk Assessment: A |
| 225 | How-To Guide to Mitigate Potential Terrorist Attacks Against |
| 226 | Buildings" (FEMA 452). |
| 227 | (d) Within 30 days after the completion of the seaport's |
| 228 | security plan inspection by the Department of Law Enforcement, |
| 229 | it shall be delivered to the United States Coast Guard, the |
| 230 | Regional Domestic Security Task Force, and the Domestic Security |
| 231 | Oversight Council. |
| 232 | (e) It is the intent of the Legislature that Florida's |
| 233 | seaports adhere to security practices that are consistent with |
| 234 | risks assigned to each seaport through the risk assessment |
| 235 | process established in this subsection. Therefore, the |
| 236 | Department of Law Enforcement shall inspect every seaport within |
| 237 | the state to determine if all security measures adopted by the |
| 238 | seaport are in compliance with the standards set forth in this |
| 239 | chapter and shall submit the department's findings within 30 |
| 240 | days after the inspection in a report to the Domestic Security |
| 241 | Oversight Council and the United States Coast Guard for review, |
| 242 | with requests to the Coast Guard for any necessary corrective |
| 243 | action. |
| 244 | (f) A seaport may request review by the Domestic Security |
| 245 | Oversight Council of the findings in any Department of Law |
| 246 | Enforcement inspection report as they relate to the requirements |
| 247 | of this section. The Domestic Security Oversight Council may |
| 248 | review only those findings under this section that are in |
| 249 | specific dispute by the seaport. In reviewing the disputed |
| 250 | findings, the council may concur in the findings of the |
| 251 | department or the seaport or may recommend corrective action to |
| 252 | the seaport. The department and the seaport shall give great |
| 253 | weight to any findings and recommendations of the council. |
| 254 | (3) |
| 255 | (e) The Department of Law Enforcement shall establish a |
| 256 | waiver process to allow unescorted access to an individual who |
| 257 | is found to be unqualified under paragraph (c) and denied |
| 258 | employment by a seaport. The waiver consideration shall be based |
| 259 | on the circumstances of any disqualifying act or offense, |
| 260 | restitution made by the individual, and other factors from which |
| 261 | it may be determined that the individual does not pose a risk of |
| 262 | engaging in theft, drug trafficking, or terrorism within the |
| 263 | public seaports regulated under this chapter or of harming any |
| 264 | person. The waiver process shall begin when an individual who |
| 265 | has been denied initial employment within or regular unescorted |
| 266 | access to restricted areas of a public seaport as described in |
| 267 | paragraph (c) submits an application for a waiver and notarized |
| 268 | letter or affidavit from the individual's employer or union |
| 269 | representative which states the mitigating reasons for |
| 270 | initiating the waiver process. No later than 90 days after |
| 271 | receipt of the application, the administrative staff of the |
| 272 | Parole Commission shall conduct a factual review of the waiver |
| 273 | application. Findings of fact shall be transmitted to the |
| 274 | Department of Law Enforcement for review. The department shall |
| 275 | make a copy of those findings available to the applicant before |
| 276 | final disposition of the waiver request. The department shall |
| 277 | make a final disposition of the waiver request based on the |
| 278 | factual findings of the investigation by the Parole Commission. |
| 279 | The department shall notify the waiver applicant and the port |
| 280 | authority that originally denied employment to the applicant of |
| 281 | the final disposition of the waiver. The review process under |
| 282 | this paragraph is exempt from chapter 120. |
| 283 | (4) |
| 284 | (b) The Office of Drug Control and the executive director |
| 285 | of the Department of Law Enforcement may modify or waive any |
| 286 | physical facility requirement or other requirement contained in |
| 287 | the statewide minimum standards for seaport security upon a |
| 288 | finding or other determination that the purposes of the |
| 289 | standards have been reasonably met or exceeded by the seaport |
| 290 | requesting the modification or waiver. Alternate means of |
| 291 | compliance may not in any way diminish the safety or security of |
| 292 | the seaport and shall be verified through an extensive risk |
| 293 | analysis conducted by the port director. Waivers shall be |
| 294 | submitted in writing with supporting documentation to the Office |
| 295 | of Drug Control and the Department of Law Enforcement. The |
| 296 | Office of Drug Control and the Department of Law Enforcement |
| 297 | shall have 90 days to jointly grant the waiver or reject the |
| 298 | waiver in whole or in part. Waivers not granted within 90 days |
| 299 | or jointly rejected shall be submitted by the seaport to the |
| 300 | Domestic Security Oversight Council for review. The Domestic |
| 301 | Security Oversight Council shall recommend that the Office of |
| 302 | Drug Control and the Department of Law Enforcement grant the |
| 303 | waiver or reject the waiver in whole or in part. The Office of |
| 304 | Drug Control and the Department of Law Enforcement shall give |
| 305 | great weight to any recommendations of the Domestic Security |
| 306 | Oversight Council. Waivers submitted for standards established |
| 307 | under s. 311.122(3) shall not be granted for percentages below |
| 308 | 10 percent. Such modifications or waivers shall be noted in the |
| 309 | annual report submitted by the Department of Law Enforcement |
| 310 | pursuant to this subsection. |
| 311 | (7) Any person who has in his or her possession a |
| 312 | concealed weapon, or who operates or has possession or control |
| 313 | of a vehicle in or upon which a concealed weapon is placed or |
| 314 | stored, while in a designated restricted area on seaport |
| 315 | property commits a misdemeanor of the first degree, punishable |
| 316 | as provided in s. 775.082 or s. 775.083. This subsection does |
| 317 | not apply to active-duty certified federal or state law |
| 318 | enforcement personnel, or persons so designated by the seaport |
| 319 | director in writing. |
| 320 | (8)(a) The Seaport Security Standards Advisory Council is |
| 321 | created under the Office of Drug Control. The council shall |
| 322 | serve as an advisory council under s. 20.03(7). |
| 323 | (b)1. The members of the Seaport Security Standards |
| 324 | Advisory Council shall be appointed by the Governor and consist |
| 325 | of the following: |
| 326 | a. Two seaport directors. |
| 327 | b. Two seaport security directors. |
| 328 | c. One designee from the Department of Law Enforcement. |
| 329 | d. One designee from the Office of Motor Carrier |
| 330 | Compliance of the Department of Transportation. |
| 331 | e. One designee from the Attorney General's Office. |
| 332 | f. One designee from the Department of Agriculture and |
| 333 | Consumer Services. |
| 334 | g. One designee from the Office of Tourism, Trade, and |
| 335 | Economic Development. |
| 336 | h. One designee from the Office of Drug Control. |
| 337 | 2. In addition to the members designated in subparagraph |
| 338 | 1., the council may invite a representative of the United States |
| 339 | Coast Guard to attend and participate in council meetings as an |
| 340 | ex officio, nonvoting member of the council. |
| 341 | (c) Members of the council shall serve for terms of 4 |
| 342 | years. A vacancy shall be filled by the original appointing |
| 343 | authority for the balance of the unexpired term. |
| 344 | (d) The Seaport Security Standards Advisory Council shall |
| 345 | be chaired by a designee from the Office of Drug Control. The |
| 346 | council shall meet upon the call of the chair and at least once |
| 347 | every 5 years. |
| 348 | (e) Commencing on January 15, 2007, and at least every 4 |
| 349 | years thereafter, the Office of Drug Control shall convene the |
| 350 | Seaport Security Standards Advisory Council to review the |
| 351 | statewide minimum standards. The Seaport Security Standards |
| 352 | Advisory Council shall review the statewide minimum standards |
| 353 | for seaport security for applicability to and effectiveness in |
| 354 | combating current narcotics and terrorism threats to Florida's |
| 355 | seaports. All sources of information allowed by law shall be |
| 356 | utilized in assessing the applicability and effectiveness of the |
| 357 | standards. |
| 358 | (f) Seaport Security Standards Advisory Council members |
| 359 | shall serve without pay; however, per diem and travel allowances |
| 360 | may be claimed for attendance of officially called meetings as |
| 361 | provided by s. 112.061. |
| 362 | (g) The Seaport Security Standards Advisory Council shall |
| 363 | consult with the appropriate area maritime security committees |
| 364 | to assess possible impacts to commerce and trade contained in |
| 365 | the council's non-classified recommendations and findings. |
| 366 | (h) Recommendations and findings of the council shall be |
| 367 | transmitted to the Governor, the Speaker of the House of |
| 368 | Representatives, and the President of the Senate. |
| 369 | Section 3. Section 311.121, Florida Statutes, is created |
| 370 | to read: |
| 371 | 311.121 Qualifications, training, and certification of |
| 372 | licensed security officers at Florida seaports.-- |
| 373 | (1) It is the intent of the Legislature that seaports in |
| 374 | the state be able to mitigate operational security costs without |
| 375 | reducing security levels by employing a combination of certified |
| 376 | law enforcement officers and certified private security service |
| 377 | officers. In order to accomplish this intent, seaports shall |
| 378 | have the option to recruit and employ seaport security officers |
| 379 | who are trained and certified pursuant to the provisions of this |
| 380 | section. The Department of Law Enforcement shall adhere to this |
| 381 | intent in the approval and certification process for seaport |
| 382 | security required under s. 311.12. |
| 383 | (2) The authority or governing board of each seaport |
| 384 | identified under s. 311.09 that is subject to the statewide |
| 385 | minimum seaport security standards established in s. 311.12 |
| 386 | shall require that a candidate for certification as a seaport |
| 387 | security officer: |
| 388 | (a) Has received a Class D license as a security officer |
| 389 | under chapter 493. |
| 390 | (b) Has successfully completed the certified training |
| 391 | curriculum for a Class D license or has been determined by the |
| 392 | Department of Agriculture and Consumer Services to have |
| 393 | equivalent experience as established by rule of the department. |
| 394 | (c) Has completed the training or training equivalency and |
| 395 | testing process established by this section for becoming a |
| 396 | certified seaport security officer. |
| 397 | (3)(a) The Seaport Security Officer Qualification, |
| 398 | Training, and Standards Coordinating Council is created under |
| 399 | the Department of Law Enforcement. |
| 400 | (b)1. The executive director of the Department of Law |
| 401 | Enforcement shall appoint 11 members to the council which shall |
| 402 | include: |
| 403 | a. The seaport administrator of the Department of Law |
| 404 | Enforcement. |
| 405 | b. The chancellor of the Community College System. |
| 406 | c. The director of the Division of Licensing of the |
| 407 | Department of Agriculture and Consumer Services. |
| 408 | d. The administrator of the Florida Seaport Transportation |
| 409 | and Economic Development Council. |
| 410 | e. Two seaport security directors from seaports designated |
| 411 | under s. 311.09. |
| 412 | f. One director of a state law enforcement academy. |
| 413 | g. One representative of a local law enforcement agency. |
| 414 | h. Two representatives of contract security services. |
| 415 | i. One representative of the Division of Driver Licenses |
| 416 | of the Department of Highway Safety and Motor Vehicles. |
| 417 | 2. In addition to the members designated in subparagraph |
| 418 | 1., the executive director may invite a representative of the |
| 419 | United States Coast Guard to attend and participate in council |
| 420 | meetings as an ex officio, nonvoting member of the council. |
| 421 | (c) Council members designated in sub-subparagraphs |
| 422 | (b)1.a.-d. shall serve for the duration of their employment or |
| 423 | appointment. Council members designated under sub-subparagraphs |
| 424 | (b)1.e.-i.. shall serve 4-year terms, except that the initial |
| 425 | appointment for the representative of a local law enforcement |
| 426 | agency, one representative of a contract security agency, and |
| 427 | one seaport security director from a seaport designated in s. |
| 428 | 311.09 shall serve for terms of 2 years. |
| 429 | (d) The chancellor of the Community College System shall |
| 430 | serve as chair of the council. |
| 431 | (e) The council shall meet upon the call of the chair, and |
| 432 | at least once a year to update or modify curriculum |
| 433 | recommendations. |
| 434 | (f) Council members shall serve without pay; however, per |
| 435 | diem and travel allowances may be claimed for attendance of |
| 436 | officially called meetings as provided by s. 112.061. |
| 437 | (g) By December 1, 2006, the council shall identify the |
| 438 | qualifications, training, and standards for seaport security |
| 439 | officer certification and recommend a curriculum for the seaport |
| 440 | security officer training program that shall include no less |
| 441 | than 218 hours of initial certification training and that |
| 442 | conforms to or exceeds model courses approved by the Federal |
| 443 | Maritime Act under Section 109 of the Federal Maritime |
| 444 | Transportation Security Act of 2002 for facility personnel with |
| 445 | specific security duties. |
| 446 | (h) The council may recommend training equivalencies that |
| 447 | may be substituted for portions of the required training. |
| 448 | (i) The council shall recommend a continuing education |
| 449 | curriculum of no less than 8 hours of additional training for |
| 450 | each annual licensing period. |
| 451 | (4)(a) The Department of Education shall develop the |
| 452 | curriculum recommendations and classroom-hour specifications of |
| 453 | the Seaport Security Officer Qualifications, Training, and |
| 454 | Standards Coordinating Council into initial and continuing |
| 455 | education and training programs for seaport security officer |
| 456 | certification. |
| 457 | (b) Such training programs shall be used by schools |
| 458 | licensed under s. 493.6304, and each instructor providing |
| 459 | training must hold a Class D license pursuant to s. 493.6301. |
| 460 | (c) A seaport authority or other organization involved in |
| 461 | seaport-related activities may apply to become a school licensed |
| 462 | under s. 493.6304. |
| 463 | (d) The training programs shall include proficiency |
| 464 | examinations that must be passed by each candidate for |
| 465 | certification who successfully completes the required hours of |
| 466 | training or provides proof of authorized training equivalencies. |
| 467 | (e) A candidate for certification must be provided with a |
| 468 | list of authorized training equivalencies in advance of |
| 469 | training; however, each candidate for certification must |
| 470 | successfully complete 20 hours of study specific to Florida |
| 471 | Maritime Security and pass the related portion of the |
| 472 | proficiency examination. |
| 473 | (5) Seaport security officer certificates shall be |
| 474 | provided by the Department of Agriculture and Consumer Services |
| 475 | for issuance by a school licensed under s. 493.6304 and such |
| 476 | school may issue the certificate to an applicant who has |
| 477 | successfully completed the training program. A school shall |
| 478 | notify the Division of Licensing within the department upon the |
| 479 | issuance of each certificate. The notification must include the |
| 480 | name and Class D license number of the certificate holder and a |
| 481 | copy of the certificate. The department shall place the |
| 482 | notification with the licensee's file. Notification may be |
| 483 | provided by electronic or paper format pursuant to instruction |
| 484 | of the Department of Agriculture and Consumer Services. |
| 485 | (6)(a) Upon completion of the certification process, a |
| 486 | person holding a Class D license must apply for a revised |
| 487 | license pursuant to s. 493.6107(2), which license shall state |
| 488 | that the licensee is certified as a seaport security officer. |
| 489 | (b) A person who has been issued a seaport security |
| 490 | officer certificate is authorized to perform duties specifically |
| 491 | required of a seaport security officer. |
| 492 | (c) The certificate is valid for the duration of the |
| 493 | seaport security officer's Class D license and shall be renewed |
| 494 | upon renewal of the license. |
| 495 | (d) The certificate shall become void if the seaport |
| 496 | security officer's Class D license is revoked or allowed to |
| 497 | lapse for more than 1 year or if the licensee fails to complete |
| 498 | the annual continuing education requirement prior to expiration |
| 499 | of the Class D license. |
| 500 | (e) Renewal of certification following licensure |
| 501 | revocation or a lapse of longer than 1 year requires, at a |
| 502 | minimum, 20 hours of recertification training and reexamination |
| 503 | of the applicant. |
| 504 | Section 4. Section 311.122, Florida Statutes, is created |
| 505 | to read: |
| 506 | 311.122 Seaport law enforcement agency; authorization; |
| 507 | requirements; powers; training.-- |
| 508 | (1) Each seaport in the state is authorized to create a |
| 509 | seaport law enforcement agency for its facility, which authority |
| 510 | in no way precludes the seaport from contracting with local |
| 511 | governments or law enforcement agencies to comply with the |
| 512 | security standards required by this chapter. |
| 513 | (2) Each seaport law enforcement agency shall meet all of |
| 514 | the standards set by the state under certified law enforcement |
| 515 | guidelines and requirements and shall be certified as provided |
| 516 | under chapter 943. |
| 517 | (3) If a seaport creates a seaport law enforcement agency |
| 518 | for its facility, a minimum of 30 percent of the aggregate |
| 519 | personnel of each seaport law enforcement agency shall be sworn |
| 520 | state-certified law enforcement officers with additional |
| 521 | Maritime Transportation Security Act seaport training; a minimum |
| 522 | of 30 percent of on-duty personnel of each seaport law |
| 523 | enforcement agency shall be sworn state-certified law |
| 524 | enforcement officers with additional Maritime Transportation |
| 525 | Security Act seaport training; and at least one on-duty |
| 526 | supervisor must be a sworn state-certified law enforcement |
| 527 | officer with additional Maritime Transportation Security Act |
| 528 | seaport training. |
| 529 | (4) For the purposes of this chapter, where applicable, |
| 530 | seaport law enforcement agency officers shall have the same |
| 531 | powers as university police officers as provided in s. 1012.97; |
| 532 | however, such powers do not extend beyond the property of the |
| 533 | seaport except in connection with an investigation initiated on |
| 534 | seaport property or in connection with an immediate, imminent |
| 535 | threat to the seaport. |
| 536 | (5) For the purposes of this chapter, sworn state- |
| 537 | certified seaport security officers shall have the same law |
| 538 | enforcement powers with respect to the enforcement of traffic |
| 539 | laws on seaport property as university police officers under s. |
| 540 | 1012.97, community college police officers under s. 1012.88, and |
| 541 | airport police officers under the provisions of s. |
| 542 | 316.640(1)(a)1.d.(I)-(II). |
| 543 | (6) Certified seaport security officers shall have the |
| 544 | authority to immediately tow any vehicle parked illegally as |
| 545 | indicated by an existing sign or during an emergency as deemed |
| 546 | necessary to maintain seaport security. |
| 547 | Section 5. Section 311.123, Florida Statutes, is created |
| 548 | to read: |
| 549 | 311.123 Maritime domain security awareness training |
| 550 | program.-- |
| 551 | (1) The Florida Seaport Transportation and Economic |
| 552 | Development Council, in conjunction with the Department of Law |
| 553 | Enforcement and the Office of Drug Control within the Executive |
| 554 | Office of the Governor, shall create a maritime domain security |
| 555 | awareness training program to instruct all personnel employed |
| 556 | within a seaport's boundaries about the security procedures |
| 557 | required of them for implementation of the seaport security |
| 558 | plan. |
| 559 | (2) The training program curriculum must include security |
| 560 | training required pursuant to 33 C.F.R. part 105 and must be |
| 561 | designed to enable the seaports in this state to meet the |
| 562 | training, drill, and exercise requirements of 33 C.F.R. part 105 |
| 563 | and individual seaport security plans and to comply with the |
| 564 | requirements of s. 311.12 relating to security awareness. |
| 565 | Section 6. Section 311.124, Florida Statutes, is created |
| 566 | to read: |
| 567 | 311.124 Trespassing; detention by a certified seaport |
| 568 | security officer.-- |
| 569 | (1) Any Class D or Class G seaport security officer |
| 570 | certified under the Maritime Transportation Security Act |
| 571 | guidelines and s. 311.121 or any employee of the seaport |
| 572 | security force certified under the Maritime Transportation |
| 573 | Security Act guidelines and s. 311.121 who has probable cause to |
| 574 | believe that a person is trespassing pursuant to the provisions |
| 575 | of s. 810.08 or s. 810.09 or this chapter in a designated |
| 576 | restricted area pursuant to s. 311.111 is authorized to detain |
| 577 | such person in a reasonable manner for a reasonable period of |
| 578 | time pending the arrival of a law enforcement officer, and such |
| 579 | action shall not render the security officer criminally or |
| 580 | civilly liable for false arrest, false imprisonment, or unlawful |
| 581 | detention. |
| 582 | (2) Upon detaining a person for trespass, the seaport |
| 583 | security officer shall immediately call a certified law |
| 584 | enforcement officer to the scene. |
| 585 | Section 7. Section 817.021, Florida Statutes, is created |
| 586 | to read: |
| 587 | 817.021 False information to obtain a seaport security |
| 588 | identification card.--A person who willfully and knowingly |
| 589 | provides false information in obtaining or attempting to obtain |
| 590 | a seaport security identification card commits a felony of the |
| 591 | third degree, punishable as provided in s. 775.082 or s. |
| 592 | 775.083. |
| 593 | Section 8. This act shall take effect July 1, 2006. |