Senate Bill sb2776
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Florida Senate - 2007 SB 2776
By Senator Storms
10-1442A-07
1 A bill to be entitled
2 An act relating to seaport security; amending
3 s. 311.12, F.S.; requiring the Department of
4 Law Enforcement to brief specified officials
5 concerning the results of unannounced seaport
6 inspections; requiring board members of
7 governing authorities having responsibility for
8 seaport operations or oversight to attend
9 briefings; providing for removal from office of
10 members having two unexcused absences;
11 providing for a fine against the authority for
12 missed sessions; requiring that a quorum of the
13 board be present for a briefing to be
14 conducted; providing for publication and
15 announcement of attendance records; providing
16 an effective date.
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18 Be It Enacted by the Legislature of the State of Florida:
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20 Section 1. Subsection (4) of section 311.12, Florida
21 Statutes, is amended to read:
22 311.12 Seaport security standards; inspections;
23 compliance; appeals.--
24 (4)(a) Subject to the provisions of subsection (6),
25 each affected seaport shall begin to implement its security
26 plan developed under this section by July 1, 2001.
27 (b) The Office of Drug Control and the executive
28 director of the Department of Law Enforcement may modify or
29 waive any physical facility requirement or other requirement
30 contained in the statewide minimum standards for seaport
31 security upon a finding or other determination that the
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Florida Senate - 2007 SB 2776
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1 purposes of the standards have been reasonably met or exceeded
2 by the seaport requesting the modification or waiver.
3 Alternate means of compliance may not in any way diminish the
4 safety or security of the seaport and shall be verified
5 through an extensive risk analysis conducted by the port
6 director. Waivers shall be submitted in writing with
7 supporting documentation to the Office of Drug Control and the
8 Department of Law Enforcement. The Office of Drug Control and
9 the Department of Law Enforcement shall have 90 days to
10 jointly grant the waiver or reject the waiver in whole or in
11 part. Waivers not granted within 90 days or jointly rejected
12 shall be submitted by the seaport to the Domestic Security
13 Oversight Council for review. The Domestic Security Oversight
14 Council shall recommend that the Office of Drug Control and
15 the Department of Law Enforcement grant the waiver or reject
16 the waiver in whole or in part. The Office of Drug Control and
17 the Department of Law Enforcement shall give great weight to
18 any recommendations of the Domestic Security Oversight
19 Council. Waivers submitted for standards established under s.
20 311.122(3) shall not be granted for percentages below 10
21 percent. Such modifications or waivers shall be noted in the
22 annual report submitted by the Department of Law Enforcement
23 pursuant to this subsection.
24 (c) Beginning with the 2001-2002 fiscal year, the
25 Department of Law Enforcement, or any entity designated by the
26 department, shall conduct no less than one annual unannounced
27 inspection of each seaport listed in s. 311.09 to determine
28 whether the seaport is meeting the minimum standards
29 established pursuant to this section, and to identify seaport
30 security changes or improvements necessary or otherwise
31 recommended. The Department of Law Enforcement, or any entity
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Florida Senate - 2007 SB 2776
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1 designated by the department, may conduct additional announced
2 or unannounced inspections or operations within or affecting
3 any affected seaport to test compliance with, or the
4 effectiveness of, security plans and operations at each
5 seaport, to determine compliance with physical facility
6 requirements and standards, or to assist the department in
7 identifying changes or improvements necessary to bring a
8 seaport into compliance with the statewide minimum security
9 standards.
10 (d) Following completion of each unannounced seaport
11 inspection as described in paragraph (c), the Department of
12 Law Enforcement shall provide an assessment briefing to the
13 board members of the governing authority of the seaport and
14 the local regional domestic security task force co-chairs. The
15 briefing shall include findings from the inspection, areas of
16 concern, and recommendations for improvements based on the
17 findings.
18 (e) Each board member of a governing authority having
19 responsibility for seaport oversight or operations, pursuant
20 to s. 311.09(1) or paragraph (1)(b), must attend a session of
21 the board to receive the Department of Law Enforcement's
22 briefing. The board must keep written and audio recordings of
23 all proceedings at such a session. Sessions to receive
24 security briefings shall be held at least once a year, and a
25 quorum of board members is no less than three-fifths of the
26 total membership. The briefing may not proceed unless a quorum
27 is present. Any member who fails to attend the executive
28 session shall be removed from the board after two consecutive
29 unexcused absences, or the seaport authority may be fined
30 $10,000 per missed session under this paragraph. Fines
31 collected under this paragraph shall be paid to the seaport
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Florida Senate - 2007 SB 2776
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1 and the local regional domestic security task force. All
2 attendance records shall be published and announced at the
3 next regular meeting of the board.
4 (f)(d) By December 31, 2001, and annually thereafter,
5 the Department of Law Enforcement, in consultation with the
6 Office of Drug Control, shall complete a report indicating the
7 observations and findings of all inspections or operations
8 conducted during the year and any recommendations developed by
9 reason of such inspections. A copy of the report shall be
10 provided to the Governor, the President of the Senate, the
11 Speaker of the House of Representatives, and the chief
12 administrator of each seaport inspected. The report shall
13 include responses from the chief administrator of any seaport
14 indicating what actions, if any, have been taken or are
15 planned to be taken in response to the recommendations,
16 observations, and findings reported by the department.
17 (g)(e) In making security project or other funding
18 decisions applicable to each seaport listed in s. 311.09, the
19 Legislature may consider as authoritative the annual report of
20 the Department of Law Enforcement required by this section,
21 especially regarding each seaport's degree of substantial
22 compliance with the statewide minimum security standards
23 established by this section. The Legislature shall review any
24 seaport that is not in substantial compliance with the
25 statewide minimum security standards by November 2005, as
26 reported by the Department of Law Enforcement.
27 (h)(f) By December 31, 2004, the Legislature shall
28 review the ongoing costs of operational security on seaports,
29 the impacts of this section on those costs, mitigating factors
30 that may reduce costs without reducing security, and methods
31 by which seaports may implement operational security using a
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1 combination of sworn law enforcement officers and private
2 security services.
3 (i)(g) Subject to the provisions of this chapter and
4 appropriations made for seaport security, state funds may not
5 be expended for operational security costs without
6 certification of need for such expenditures by the Office of
7 Ports Administrator within the Department of Law Enforcement.
8 Section 2. This act shall take effect July 1, 2007.
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11 SENATE SUMMARY
12 Requires that Department of Law Enforcement briefings on
the results of unannounced seaport inspections be given
13 to board members of the governing body of the seaport and
local regional domestic security task force co-chairs.
14 Requires members of the governing body's board to attend
such briefings, with them being subject to removal from
15 office upon two unexcused absences. Provides for a fine
for the board for missed sessions.
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