Florida Senate - 2006                      COMMITTEE AMENDMENT
    Bill No. SB 190
                        Barcode 374704
                            CHAMBER ACTION
              Senate                               House
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11  The Committee on Criminal Justice (Wise) recommended the
12  following amendment:
13  
14         Senate Amendment (with title amendment) 
15         Delete everything after the enacting clause
16  
17  and insert:  
18         Section 1.  Section 311.111, Florida Statutes, is
19  created to read:
20         311.111  Security area designations; access
21  requirements; authority.--Each seaport authority or governing
22  board of a seaport identified in s. 311.09 which is subject to
23  the statewide minimum seaport security standards in s. 311.12
24  shall clearly designate in seaport-security plans and clearly
25  identify with appropriate signs and markers on the premises of
26  a seaport the following security-area designations, access
27  requirements, and corresponding security enforcement
28  authorizations, which may include, but are not limited to,
29  clear notice of the prohibition on possession of concealed
30  weapons and other contraband material on the premises of the
31  seaport:
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Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 190 Barcode 374704 1 (1) UNRESTRICTED PUBLIC-ACCESS AREA.--An unrestricted 2 public-access area of a seaport is open to the general public 3 without a seaport identification card other than that required 4 as a condition of employment by a seaport director. 5 (2) RESTRICTED PUBLIC ACCESS AREA.--A restricted 6 public-access area of a seaport is open to the public for a 7 specific purpose via restricted access and open to individuals 8 working on the seaport, seaport employees, or guests who have 9 business with the seaport. Any person found in this area 10 without the proper level of identification card is subject to 11 the trespass provisions of ss. 810.08, 810.09, and this 12 chapter. A person or object in this area is subject to search 13 by a sworn, state-certified law enforcement officer, a Class D 14 seaport officer certified under Maritime Transportation 15 Security Act guidelines and s. 311.121, or an employee of the 16 seaport security force certified under the guidelines of the 17 Maritime Transportation Security Act and s. 311.121. 18 (3) RESTRICTED-ACCESS AREA.--A restricted-access area 19 of a seaport is open only to individuals working on the 20 seaport, seaport employees, or guests who have business with 21 the seaport. Any person found in this area without the proper 22 level of identification card is subject to the trespass 23 provisions of ss. 810.08, 810.09, and this chapter. A person 24 or object in this area is subject to search by a sworn, 25 state-certified law enforcement officer, a Class D seaport 26 officer certified under Maritime Transportation Security Act 27 guidelines and s. 311.121, or an employee of the seaport 28 security force certified under the guidelines of the Maritime 29 Transportation Security Act and s. 311.121. 30 (4) SECURED RESTRICTED-ACCESS AREA.--A secured 31 restricted-access area of a seaport is open only to 2 11:47 AM 03/28/06 s0190d-cj05-z7q
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 190 Barcode 374704 1 individuals working on the seaport, seaport employees, or 2 guests who have business with the seaport and shall be secured 3 at each point of access at all times by a Class D security 4 guard certified under the Maritime Transportation Security 5 Act, a sworn, state-certified law enforcement officer, or an 6 employee of the port's security force certified under the 7 Maritime Transportation Security Act. Any person found in 8 these areas without the proper level of identification card is 9 subject to the trespass provisions of ss. 810.08, 810.09, and 10 this chapter. A person or object in this area is subject to 11 search by a Class D seaport security officer certified under 12 the guidelines of the Maritime Transportation Security Act and 13 s. 311.121, a sworn, state-certified law enforcement officer, 14 or an employee of the seaport security force certified under 15 the guidelines of the Maritime Transportation Security Act and 16 s. 311.121. 17 (5) TEMPORARY DESIGNATION.--During a period of 18 high-terrorist-threat level designated by the United States 19 Department of Homeland Security or the Department of Law 20 Enforcement or during an emergency declared by the seaport 21 security director of a port due to events applicable to that 22 particular port, the management or controlling authority of 23 the port may temporarily designate any part of the port 24 property as a restricted-access area or a secured 25 restricted-access area. The duration of such designation is 26 limited to the period in which the high-terrorist-threat level 27 is in effect or a port emergency exists. Subsections (3) and 28 (4) do not limit the power of the managing or controlling 29 authority of a seaport to designate any port property as a 30 restricted-access area or a secured restricted-access area as 31 otherwise provided by law. 3 11:47 AM 03/28/06 s0190d-cj05-z7q
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 190 Barcode 374704 1 Section 2. Section 311.12, Florida Statutes, is 2 amended to read: 3 311.12 Seaport security standards; inspections; 4 compliance; appeals.-- 5 (1)(a) The statewide minimum standards for seaport 6 security for each seaport identified in s. 311.09 shall be 7 those based upon the Florida Seaport Security Assessment 2000 8 and set forth in the "Port Security Standards--Compliance 9 Plan" delivered to the Speaker of the House of Representatives 10 and the President of the Senate on December 11, 2000, pursuant 11 to this section. The statewide minimum standards are hereby 12 adopted. The Office of Drug Control within the Executive 13 Office of the Governor shall maintain a sufficient number of 14 copies of the standards for use of the public, at its offices, 15 and shall provide copies to each affected seaport upon 16 request. 17 (b) The Department of Law Enforcement may exempt any 18 seaport identified in s. 311.09 from all or part of the 19 requirements of subsections (1)-(5) if the department 20 determines that the seaport is not active. The department 21 shall periodically review exempted seaports to determine if 22 there is maritime activity at the seaport. A change in status 23 from inactive to active may warrant removal of all or part of 24 any exemption provided by the department. 25 (2)(a) Each seaport identified in s. 311.09 shall 26 maintain a security plan to provide for a secure seaport 27 infrastructure specific to that seaport which shall promote 28 the safety and security of the residents of and visitors to 29 the state and promote the flow of legitimate trade and travel. 30 Commencing January 1, 2007, and every 5 years thereafter, the 31 seaport director of each seaport, with the assistance of the 4 11:47 AM 03/28/06 s0190d-cj05-z7q
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 190 Barcode 374704 1 Regional Domestic Security Task Force and in conjunction with 2 the United States Coast Guard, shall revise the seaport 3 security plan based on the results of continual, quarterly 4 assessments by the seaport director of security risks and 5 possible risks related to terrorist activities and relating to 6 the specific and identifiable needs of the seaport which 7 assures that the seaport is in substantial compliance with the 8 statewide minimum standards established pursuant to subsection 9 (1). 10 (b) Each plan adopted or revised pursuant to this 11 subsection must be inspected reviewed and approved by the 12 Office of Drug Control and the Department of Law Enforcement 13 based solely upon the standards set forth under the Maritime 14 Transportation Security Act as revised July 2003, 33 C.F.R. s. 15 105.305, and the statewide minimum standards established 16 pursuant to subsection (1). All such seaports shall allow 17 unimpeded access by the Department of Law Enforcement to the 18 affected facilities for purposes of inspections for compliance 19 with its plan or other operations authorized by this section. 20 (c) Each seaport security plan must may establish 21 unrestricted and restricted access areas within the seaport 22 consistent with the requirements of the statewide minimum 23 standards and s. 311.111. In such cases, a Uniform Port Access 24 Credential Card, authorizing restricted-area access, shall be 25 required for any individual working within or authorized to 26 regularly enter a restricted access area and the requirements 27 in subsection (3) relating to criminal history checks and 28 employment restrictions shall be applicable only to employees 29 or other persons working within or authorized to regularly 30 enter a restricted access area. Every seaport security plan 31 shall set forth the conditions and restrictions to be imposed 5 11:47 AM 03/28/06 s0190d-cj05-z7q
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 190 Barcode 374704 1 upon others visiting the port or any restricted access area 2 sufficient to provide substantial compliance with the 3 statewide minimum standards. As determined by the seaport 4 director's most current quarterly risk-assessment report, any 5 restricted-access area having a potential human occupancy of 6 50 persons or more, any cruise terminal, or any business 7 operation that is adjacent to an unrestricted public-access 8 area shall be protected from the most probable and creditable 9 terrorist threat to human life by the use of like or similar 10 standards to those set forth in the United States Department 11 of Defense Minimum Antiterrorism Standard for Buildings, 12 Unified Facilities Criteria 4-010-0. 13 (d) The inspection of the seaport's security plan must 14 be delivered within 30 days after its completion by the 15 Department of Law Enforcement to the United States Coast 16 Guard, the Regional Domestic Security Task Force, and the 17 Domestic Security Oversight Council. 18 (e) It is the intent of the Legislature that this 19 state's seaports adhere to security practices that are 20 consistent with risks assigned to each seaport through the 21 risk-assessment process established in this section. 22 Therefore, the Department of Law Enforcement shall inspect 23 each seaport within the state to determine if all security 24 measures adopted by the seaport are in compliance with the 25 standards set forth in this chapter and shall submit the 26 department's findings within 30 days after the inspection in a 27 report to the Domestic Security Oversight Council and the 28 United States Coast Guard for review with requests to the 29 Coast Guard for any necessary punitive action. 30 (f) Notwithstanding chapter 120, a seaport may appeal 31 to the Domestic Security Oversight Council, for review and 6 11:47 AM 03/28/06 s0190d-cj05-z7q
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 190 Barcode 374704 1 mediation, the findings in any inspection report by the 2 Department of Law Enforcement as it relates to the 3 requirements of this section. The Domestic Security Oversight 4 Council shall establish a review process and may review only 5 those findings under this section which are in specific 6 dispute by the seaport. In reviewing the disputed findings, 7 the council may concur in the findings of the department or 8 the seaport or may recommend corrective action to the seaport. 9 Findings of the council are final. 10 (3)(a) A fingerprint-based criminal history check must 11 shall be performed on any applicant for employment, every 12 current employee, and other persons as designated pursuant to 13 the seaport security plan for each seaport. The criminal 14 history check must shall be performed in connection with 15 employment within or other authorized regular access to a 16 restricted access area or the entire seaport if the seaport 17 security plan does not designate one or more restricted access 18 areas. With respect to employees or others with regular 19 access, such checks must shall be performed at least once 20 every 5 years or at other more frequent intervals as provided 21 by the seaport security plan. Each individual subject to the 22 background criminal history check shall file a complete set of 23 fingerprints taken in a manner required by the Department of 24 Law Enforcement and the seaport security plan. Fingerprints 25 must shall be submitted to the Department of Law Enforcement 26 for state processing and to the Federal Bureau of 27 Investigation for federal processing. The results of each 28 fingerprint-based check must shall be reported to the 29 requesting seaport. The costs of the checks, consistent with 30 s. 943.053(3), must shall be paid by the seaport or other 31 employing entity or by the person checked. 7 11:47 AM 03/28/06 s0190d-cj05-z7q
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 190 Barcode 374704 1 (b) By January 1, 2002, each seaport security plan 2 shall identify criminal convictions or other criminal history 3 factors consistent with paragraph (c) which shall disqualify a 4 person from either initial seaport employment or new 5 authorization for regular access to seaport property or to a 6 restricted access area. Such factors must shall be used to 7 disqualify all applicants for employment or others seeking 8 regular access to the seaport or restricted access area on or 9 after January 1, 2002, and may be used to disqualify all those 10 employed or authorized for regular access on that date. Each 11 seaport security plan may establish a procedure to appeal a 12 denial of employment or access based upon procedural 13 inaccuracies or discrepancies regarding criminal history 14 factors established pursuant to this paragraph. A seaport may 15 allow waivers on a temporary basis to meet special or 16 emergency needs of the seaport or its users. Policies, 17 procedures, and criteria for implementation of this subsection 18 must shall be included in the seaport security plan. Each 19 waiver All waivers granted pursuant to this paragraph must be 20 reported to the Department of Law Enforcement within 30 days 21 of issuance. 22 (c) In addition to other requirements for employment 23 or access established by each seaport pursuant to its seaport 24 security plan, each seaport security plan must shall provide 25 that: 26 1. Any person who has within the past 7 years been 27 convicted, regardless of whether adjudication was withheld, 28 for a forcible felony as defined in s. 776.08; an act of 29 terrorism as defined in s. 775.30; planting of a hoax bomb as 30 provided in s. 790.165; any violation involving the 31 manufacture, possession, sale, delivery, display, use, or 8 11:47 AM 03/28/06 s0190d-cj05-z7q
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 190 Barcode 374704 1 attempted or threatened use of a weapon of mass destruction or 2 hoax weapon of mass destruction as provided in s. 790.166; 3 dealing in stolen property; any violation of s. 893.135; any 4 violation involving the sale, manufacturing, delivery, or 5 possession with intent to sell, manufacture, or deliver a 6 controlled substance; burglary; robbery; any felony violation 7 of s. 812.014; any violation of s. 790.07; any crime an 8 element of which includes use or possession of a firearm; any 9 conviction for any similar offenses under the laws of another 10 jurisdiction; or conviction for conspiracy to commit any of 11 the listed offenses may shall not be qualified for initial 12 employment within or regular access to a seaport or restricted 13 access area; and 14 2. Any person who has at any time been convicted for 15 any of the listed offenses may shall not be qualified for 16 initial employment within or authorized regular access to a 17 seaport or restricted access area unless, after release from 18 incarceration and any supervision imposed as a sentence, the 19 person remained free from a subsequent conviction, regardless 20 of whether adjudication was withheld, for any of the listed 21 offenses for a period of at least 7 years prior to the 22 employment or access date under consideration. 23 (d) By October 1 of each year, each seaport shall 24 report to the Department of Law Enforcement each determination 25 of denial of employment or access, and any determination to 26 authorize employment or access after an appeal of a denial 27 made during the previous 12 months. The report must shall 28 include the identity of the individual affected, the factors 29 supporting the determination, and any other material factors 30 used in making the determination. 31 (e) The Department of Law Enforcement shall establish 9 11:47 AM 03/28/06 s0190d-cj05-z7q
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 190 Barcode 374704 1 a waiver process to allow unescorted access to an individual 2 who is unqualified under paragraph (c) and denied employment 3 by a seaport. The waiver consideration shall be based on the 4 circumstances of any disqualifying act or offense, restitution 5 made by the individual, and other factors from which it may be 6 determined that the individual does not pose a risk of 7 engaging in theft, drug trafficking, or terrorism within the 8 public seaports regulated under this chapter or of harming any 9 person. In order to obtain a waiver, an individual who has 10 been denied initial employment within or regular unescorted 11 access to restricted areas of a public seaport as described in 12 paragraph (c) must submit an application for a waiver and a 13 notarized letter or affidavit from the individual's employer 14 or union representative which states the mitigating reasons 15 for initiating the waiver process. No later than 90 days after 16 receipt of the application, the administrative staff of the 17 Parole Commission shall conduct a factual review of the waiver 18 application. Findings of fact shall be transmitted to the 19 Department of Law Enforcement for review. The department shall 20 make a copy of those findings available to the applicant 21 before final disposition of the waiver request. The department 22 shall make a final disposition of the waiver request based on 23 the factual findings of the investigation by the Parole 24 Commission. The port authority that originally denied 25 employment and the waiver applicant shall be notified of the 26 final disposition of the waiver application by the department. 27 This review process is exempt from chapter 120. 28 (4)(a) Subject to the provisions of subsection (6), 29 each affected seaport shall begin to implement its security 30 plan developed under this section by July 1, 2001. 31 (b) The Office of Drug Control and the executive 10 11:47 AM 03/28/06 s0190d-cj05-z7q
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 190 Barcode 374704 1 director of the Department of Law Enforcement may modify or 2 waive any physical facility requirement or other requirement 3 contained in the statewide minimum standards for seaport 4 security upon a finding or other determination that the 5 purposes of the standards have been reasonably met or exceeded 6 by the seaport requesting the modification or waiver. 7 Alternate means of compliance may not in any way diminish the 8 safety or security of the seaport and must be verified through 9 an extensive risk analysis conducted by the port director. A 10 waiver must be submitted in writing with supporting 11 documentation to the Office of Drug Control and the Department 12 of Law Enforcement. The Office of Drug Control and the 13 Department of Law Enforcement shall have 90 days to jointly 14 grant the waiver or reject the waiver in whole or in part. A 15 waiver that is not granted within 90 days or jointly rejected 16 must be submitted by the seaport to the Domestic Security 17 Oversight Council for consideration. The Domestic Security 18 Oversight Council shall grant the waiver or reject the waiver 19 in whole or in part. The decision of the Domestic Security 20 Oversight Council is final. A waiver submitted for standards 21 established under s. 311.122(3) may not be granted for 22 percentages below 10 percent. Such modifications or waivers 23 must shall be noted in the annual report submitted by the 24 Department of Law Enforcement pursuant to this subsection. 25 (c) Beginning with the 2001-2002 fiscal year, the 26 Department of Law Enforcement, or any entity designated by the 27 department, shall conduct no less than one annual unannounced 28 inspection of each seaport listed in s. 311.09 to determine 29 whether the seaport is meeting the minimum standards 30 established pursuant to this section, and to identify seaport 31 security changes or improvements necessary or otherwise 11 11:47 AM 03/28/06 s0190d-cj05-z7q
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 190 Barcode 374704 1 recommended. The Department of Law Enforcement, or any entity 2 designated by the department, may conduct additional announced 3 or unannounced inspections or operations within or affecting 4 any affected seaport to test compliance with, or the 5 effectiveness of, security plans and operations at each 6 seaport, to determine compliance with physical facility 7 requirements and standards, or to assist the department in 8 identifying changes or improvements necessary to bring a 9 seaport into compliance with the statewide minimum security 10 standards. 11 (d) By December 31, 2001, and annually thereafter, the 12 Department of Law Enforcement, in consultation with the Office 13 of Drug Control, shall complete a report indicating the 14 observations and findings of all inspections or operations 15 conducted during the year and any recommendations developed by 16 reason of such inspections. A copy of the report shall be 17 provided to the Governor, the President of the Senate, the 18 Speaker of the House of Representatives, and the chief 19 administrator of each seaport inspected. The report shall 20 include responses from the chief administrator of any seaport 21 indicating what actions, if any, have been taken or are 22 planned to be taken in response to the recommendations, 23 observations, and findings reported by the department. 24 (e) In making security project or other funding 25 decisions applicable to each seaport listed in s. 311.09, the 26 Legislature may consider as authoritative the annual report of 27 the Department of Law Enforcement required by this section, 28 especially regarding each seaport's degree of substantial 29 compliance with the statewide minimum security standards 30 established by this section. The Legislature shall review any 31 seaport that is not in substantial compliance with the 12 11:47 AM 03/28/06 s0190d-cj05-z7q
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 190 Barcode 374704 1 statewide minimum security standards by November 2005, as 2 reported by the Department of Law Enforcement. 3 (f) By December 31, 2004, the Legislature shall review 4 the ongoing costs of operational security on seaports, the 5 impacts of this section on those costs, mitigating factors 6 that may reduce costs without reducing security, and methods 7 by which seaports may implement operational security using a 8 combination of sworn law enforcement officers and private 9 security services. 10 (g) Subject to the provisions of this chapter and 11 appropriations made for seaport security, state funds may not 12 be expended for operational security costs without 13 certification of need for such expenditures by the Office of 14 Ports Administrator within the Department of Law Enforcement. 15 (5) This section does not prevent Nothing in this 16 section shall be construed as preventing any seaport from 17 implementing security measures that are more stringent, 18 greater than, or supplemental to the statewide minimum 19 standards established by this section except that, for 20 purposes of employment and access, each seaport shall adhere 21 to the requirements provided in paragraph (3)(c) and may shall 22 not exceed statewide minimum requirements. 23 (6) When funds are appropriated for seaport security, 24 the Office of Drug Control and the Florida Seaport 25 Transportation and Economic Development Council shall mutually 26 determine the allocation of such funds for security project 27 needs identified in the approved seaport security plans 28 required by this section. Any seaport that receives state 29 funds for security projects must enter into a joint 30 participation agreement with the appropriate state entity and 31 must use the seaport security plan developed pursuant to this 13 11:47 AM 03/28/06 s0190d-cj05-z7q
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 190 Barcode 374704 1 section as the basis for the agreement. If funds are made 2 available over more than one fiscal year, such agreement must 3 reflect the entire scope of the project approved in the 4 security plan and, as practicable, allow for reimbursement for 5 authorized projects over more than 1 year. The joint 6 participation agreement may include specific timeframes for 7 completion of a security project and the applicable funding 8 reimbursement dates. The joint participation agreement may 9 also require a contractual penalty, not to exceed $1,000 per 10 day, to be imposed for failure to meet project completion 11 dates provided state funding is available. Any such penalty 12 shall be deposited into the State Transportation Trust Fund to 13 be used for seaport security operations and capital 14 improvements. 15 (7) Any person who has in his or her possession a 16 concealed weapon, or who operates or has possession or control 17 of a vehicle in or upon which a concealed weapon is placed or 18 stored while in a designated restricted area on seaport 19 property, commits a misdemeanor of the first degree, 20 punishable as provided in s. 775.082 or s. 775.083. This 21 subsection does not apply to active-duty, certified federal or 22 state law enforcement personnel. 23 (8)(a) Commencing on January 15, 2007, and at least 24 every 5 years thereafter, a review of the statewide minimum 25 standards for seaport security as contained in paragraph 26 (1)(a) shall be conducted under the Office of Drug Control 27 within the Executive Office of the Governor by the Seaport 28 Security Standards Advisory Council as provided in paragraph 29 (b). 30 (b) The Office of Drug Control shall convene a Seaport 31 Security Standards Advisory Council as defined in s. 20.03(7) 14 11:47 AM 03/28/06 s0190d-cj05-z7q
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 190 Barcode 374704 1 to review the statewide minimum standards for seaport security 2 for applicability to and effectiveness in combating current 3 narcotics and terrorism threats to this state's seaports. All 4 sources of information allowed by law shall be used in 5 assessing the applicability and effectiveness of the 6 standards. 7 (c) The council shall consist of the following 8 members: 9 1. Two seaport directors appointed by the Governor. 10 2. Two seaport security directors appointed by the 11 Governor. 12 3. One designee from the Department of Law 13 Enforcement. 14 4. The director of the Office of Motor Carrier 15 Compliance of the Department of Transportation. 16 5. One designee from the Office of the Attorney 17 General. 18 6. One designee from the Department of Agriculture and 19 Consumer Services. 20 7. One designee from the Office of Tourism, Trade, and 21 Economic Development. 22 8. A representative of the United States Coast Guard 23 who shall serve as an ex officio member of the council. 24 (d) Each member of the council shall serve for a term 25 of 4 years. A vacancy shall be filled by the original 26 appointing authority for the balance of the unexpired term. 27 (e) Seaport Security Standards Advisory Council 28 members shall serve without compensation, but are entitled to 29 reimbursement for per diem and travel expenses for attendance 30 at officially called meetings as provided by s. 112.061. 31 (f) The Seaport Security Standards Advisory Council 15 11:47 AM 03/28/06 s0190d-cj05-z7q
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 190 Barcode 374704 1 shall be chaired by a designee from the Office of Drug 2 Control. The council shall meet upon the call of the chair and 3 at least once every 5 years. 4 (g) Recommendations and findings of the council shall 5 be transmitted to the Governor, the President of the Senate, 6 and the Speaker of the House of Representatives. 7 Section 3. Section 311.121, Florida Statutes, is 8 created to read: 9 311.121 Qualifications, training, and certification of 10 licensed security officers at Florida seaports.-- 11 (1) It is the intent of the Legislature that seaports 12 in the state be able to mitigate operational security costs 13 without reducing security levels by employing a combination of 14 certified law enforcement officers and certified private 15 security service officers. In order to accomplish this intent, 16 seaports may recruit and employ seaport security officers who 17 are trained and certified pursuant to this section. The 18 Department of Law Enforcement shall adhere to this intent in 19 the approval and certification process for seaport security 20 required under s. 311.12. 21 (2) The authority or governing board of each seaport 22 identified under s. 311.09 which is subject to the statewide 23 minimum seaport security standards established in s. 311.12 24 shall require that a candidate for certification as a seaport 25 security officer has: 26 (a) Received a Class D license as a security officer 27 under chapter 493; 28 (b) Successfully completed the certified training 29 curriculum for a Class D license or has been determined by the 30 Department of Agriculture and Consumer Services to have 31 equivalent experience as established by rule of the 16 11:47 AM 03/28/06 s0190d-cj05-z7q
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 190 Barcode 374704 1 department; and 2 (c) Completed the training or training equivalency and 3 testing process established by this section for becoming a 4 certified seaport security officer. 5 (3)(a) The Seaport Security Officer Qualification, 6 Training, and Standards Coordinating Council is created under 7 the Department of Law Enforcement. 8 (b) The executive director of the Department of Law 9 Enforcement shall appoint 12 members to the council which 10 shall include: 11 1. The seaport administrator of the Department of Law 12 Enforcement. 13 2. The chancellor of the Community College System. 14 3. The director of the Division of Licensing within 15 the Department of Agriculture and Consumer Services. 16 4. The administrator of the Florida Seaport 17 Transportation and Economic Development Council. 18 5. Two seaport security directors from seaports 19 designated under s. 311.09. 20 6. One director of a state law enforcement academy. 21 7. One representative of a local law enforcement 22 agency. 23 8. Two representatives of contract security services. 24 9. One representative of the Division of Driver 25 Licenses of the Department of Highway Safety and Motor 26 Vehicles. 27 10. One representative of the United States Coast 28 Guard who shall serve as an ex-officio member of the council. 29 (c) Council members designated in subparagraphs 30 (b)1.-4. shall serve for the duration of their employment or 31 appointment. Council members designated under subparagraphs 17 11:47 AM 03/28/06 s0190d-cj05-z7q
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 190 Barcode 374704 1 (b)5.-10. shall be appointed to 4-year terms, except that the 2 initial appointment for the representative of a local law 3 enforcement agency, one representative of a contract security 4 agency, and one seaport security director from a seaport 5 designated in s. 311.09 shall be appointed to terms of 2 6 years. 7 (d) The chancellor of the Community College System 8 shall serve as chair of the council. 9 (e) The council shall meet upon the call of the chair 10 and at least once a year to update or modify curriculum 11 recommendations. 12 (f) Council members shall serve without compensation, 13 but are entitled to reimbursement for per diem and travel 14 expenses for attendance at officially called meetings as 15 provided by s. 112.061. 16 (g) By December 1, 2006, the council shall identify 17 the qualifications, training, and standards for certification 18 as a seaport security officer and recommend a curriculum for 19 the seaport security officer training program which shall 20 include no less than 218 hours of initial certification 21 training and which conforms to or exceeds model courses 22 approved by the Federal Maritime Act under section 109 of the 23 Federal Maritime Transportation Security Act of 2002 for 24 facility personnel having specific security duties. 25 (h) The council may recommend training equivalencies 26 that may be substituted for portions of the required training. 27 (i) The council shall recommend a continuing education 28 curriculum of no less than 8 hours of additional training for 29 each annual licensing period. 30 (4)(a) The Department of Education shall develop the 31 curriculum recommendations and classroom-hour specifications 18 11:47 AM 03/28/06 s0190d-cj05-z7q
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 190 Barcode 374704 1 of the Seaport Security Officer Qualifications, Training, and 2 Standards Coordinating Council into initial and continuing 3 education and training programs for certification as a seaport 4 security officer. 5 (b) Such training programs shall be used by schools 6 licensed under s. 493.6304, and each instructor providing 7 training must hold a Class D license pursuant to s. 493.6301. 8 (c) A seaport authority or other organization involved 9 in seaport-related activities may apply to become a school 10 licensed under s. 493.6304. 11 (d) Each training program must include proficiency 12 examinations that must be passed by each candidate for 13 certification who successfully completes the required hours of 14 training or provides proof of authorized training 15 equivalencies. 16 (e) A candidate for certification must be provided 17 with a list of authorized training equivalencies in advance of 18 training; however, each candidate for certification must 19 successfully complete 20 hours of study specific to Florida 20 Maritime Security and pass the related portion of the 21 proficiency examination. 22 (5) A seaport security officer's certificate shall be 23 provided by the Department of Agriculture and Consumer 24 Services for issuance by a school licensed under s. 493.6304, 25 and such school may issue the certificate to an applicant who 26 has successfully completed the training program. A school 27 shall notify the Division of Licensing upon the issuance of 28 each certificate. The notification must include the name and 29 Class D license number of the certificateholder and a copy of 30 the certificate. The department shall place the notification 31 with the licensee's file. Notification may be provided in 19 11:47 AM 03/28/06 s0190d-cj05-z7q
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 190 Barcode 374704 1 electronic or paper format pursuant to instruction by the 2 Department of Agriculture and Consumer Services. 3 (6)(a) Upon completion of the certification process, a 4 person holding a Class D license shall apply for a revised 5 license pursuant to s. 493.6107(2) which indicates that the 6 licensee is certified as a seaport security officer. 7 (b) A person who has been issued a certificate as a 8 seaport security officer may perform duties specifically 9 required of a seaport security officer. 10 (c) The certificate is valid for the duration of the 11 seaport security officer's Class D license and shall be 12 renewed upon renewal of the license. 13 (d) The certificate is void if the seaport security 14 officer's Class D license is revoked or allowed to lapse for 15 more than 1 year or if the licensee fails to complete the 16 annual continuing-education requirement before expiration of 17 the Class D license. 18 (e) Renewal of certification following licensure 19 revocation or a lapse of longer than 1 year requires, at a 20 minimum, 20 hours of recertification training and 21 reexamination of the applicant. 22 Section 4. Section 311.122, Florida Statutes, is 23 created to read: 24 311.122 Seaport law enforcement agency; authorization; 25 requirements; powers; training.-- 26 (1) Each seaport in the state may create a seaport law 27 enforcement agency for its facility. Such agency does not 28 preclude the seaport from contracting with a local government 29 or a law enforcement agency to comply with the security 30 standards required by this chapter. 31 (2) Each seaport law enforcement agency shall meet all 20 11:47 AM 03/28/06 s0190d-cj05-z7q
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 190 Barcode 374704 1 of the guidelines and requirements set by law for certified 2 law enforcement agencies and shall be certified as provided 3 under chapter 943. 4 (3) If a seaport creates a seaport law enforcement 5 agency for its facility, a minimum of 30 percent of the 6 aggregate personnel of each seaport law enforcement agency 7 shall be sworn, state-certified, law enforcement officers who 8 have additional seaport training pursuant to the Maritime 9 Transportation Security Act; a minimum of 30 percent of 10 on-duty personnel of each seaport law enforcement agency shall 11 be sworn, state-certified, law enforcement officers who have 12 additional seaport training pursuant to the Maritime 13 Transportation Security Act; and at least one on-duty 14 supervisor must be a sworn, state-certified, law enforcement 15 officer who has additional seaport training pursuant to the 16 Maritime Transportation Security Act. 17 (4) For the purposes of this chapter, where 18 applicable, a seaport law enforcement agency officer shall 19 have the same powers as a university police officer as 20 provided in s. 1012.97; however, such powers do not extend 21 beyond the property of the seaport except in connection with 22 an investigation initiated on seaport property or in 23 connection with an immediate, imminent threat to the seaport. 24 (5) For the purposes of this chapter, a sworn, 25 state-certified, seaport security officer has the same law 26 enforcement powers with respect to the enforcement of traffic 27 laws on seaport property as a university police officer under 28 s. 1012.97, a community college police officer under s. 29 1012.88, and an airport police officer under s. 30 316.640(1)(a)1.d.(I)-(II). 31 (6) A certified seaport security officer may 21 11:47 AM 03/28/06 s0190d-cj05-z7q
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 190 Barcode 374704 1 immediately tow any vehicle parked illegally as indicated by 2 an existing sign or during an emergency as deemed necessary to 3 maintain seaport security. 4 Section 5. Section 311.123, Florida Statutes, is 5 created to read: 6 311.123 Maritime domain security awareness training 7 program.-- 8 (1) The Florida Seaport Transportation and Economic 9 Development Council, in conjunction with the Department of Law 10 Enforcement and the Office of Drug Control within the 11 Executive Office of the Governor, shall create a maritime 12 domain security awareness training program to instruct all 13 personnel employed within a seaport's boundaries concerning 14 the security procedures required of them for implementation of 15 the seaport security plan. 16 (2) The training program curriculum must include 17 security training required pursuant to 33 C.F.R. part 105 and 18 must be designed to enable the seaports in this state to meet 19 the training, drill, and exercise requirements of 33 C.F.R. 20 part 105 and individual seaport security plans and to comply 21 with the requirements of s. 311.12 relating to security 22 awareness. 23 Section 6. Section 311.124, Florida Statutes, is 24 created to read: 25 311.124 Trespassing; detention by a certified seaport 26 security officer.-- 27 (1) Any Class D or Class G seaport security officer 28 certified under the Maritime Transportation Security Act 29 guidelines and s. 311.121 or any employee of the seaport 30 security force certified under the Maritime Transportation 31 Security Act guidelines and s. 311.121 who has probable cause 22 11:47 AM 03/28/06 s0190d-cj05-z7q
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 190 Barcode 374704 1 to believe that a person is trespassing pursuant to s. 810.08, 2 s. 810.09, or this chapter, or is in a designated restricted 3 area pursuant to s. 311.111, may detain such person in a 4 reasonable manner for a reasonable period of time pending the 5 arrival of a law enforcement officer, and such action does not 6 render the security officer criminally or civilly liable for 7 false arrest, false imprisonment, or unlawful detention. 8 (2) Upon detaining a person for trespass, the seaport 9 security officer shall immediately call a certified law 10 enforcement officer to the scene. 11 Section 7. Section 817.021, Florida Statutes, is 12 created to read: 13 817.021 False information to obtain a seaport security 14 identification card.--A person who willfully and knowingly 15 provides false information in obtaining or attempting to 16 obtain a seaport security identification card commits a felony 17 of the third degree, punishable as provided in s. 775.082, s. 18 775.083, or s. 775.084. 19 Section 8. This act shall take effect July 1, 2006. 20 21 22 ================ T I T L E A M E N D M E N T =============== 23 And the title is amended as follows: 24 Delete everything before the enacting clause 25 26 and insert: 27 A bill to be entitled 28 An act relating to seaport security; creating 29 s. 311.111, F.S.; requiring the seaport 30 authority or governing board of certain 31 seaports to designate and identify security 23 11:47 AM 03/28/06 s0190d-cj05-z7q
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 190 Barcode 374704 1 areas, access requirements, and 2 security-enforcement authorizations on seaport 3 premises and in seaport security plans; 4 providing that any part of a port's property 5 may be designated as a restricted-access area 6 under certain conditions; amending s. 311.12, 7 F.S.; revising the purpose of security plans 8 maintained by seaports; requiring periodic plan 9 revisions; requiring that plans be inspected by 10 the Office of Drug Control and the Department 11 of Law Enforcement based upon specified 12 standards; providing requirements with respect 13 to protection standards in specified restricted 14 areas; requiring delivery of the plan to 15 specified entities; requiring the Department of 16 Law Enforcement to inspect every seaport to 17 determine if all security measures adopted by 18 the seaport are in compliance with seaport 19 security standards; requiring a report; 20 authorizing seaports to appeal findings in an 21 inspection report by the Department of Law 22 Enforcement; requiring the Domestic Security 23 Oversight Council to establish a review 24 process; requiring that the Department of Law 25 Enforcement establish a waiver process to allow 26 an individual who is otherwise unqualified to 27 be allowed unescorted access to a seaport or 28 restricted access area; requiring the 29 administrative staff of the Parole Commission 30 to review the facts of the waiver application 31 and transmit the findings to the Department of 24 11:47 AM 03/28/06 s0190d-cj05-z7q
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 190 Barcode 374704 1 Law Enforcement; requiring the department to 2 make final disposition of the application and 3 notify the applicant and the port authority 4 that denied employment to the applicant; 5 exempting the review from ch. 120, F.S.; 6 providing procedures and requirements with 7 respect to waiver of any physical-facility 8 requirement or other requirement contained in 9 the statewide minimum standards for seaport 10 security; providing a penalty for possession of 11 a concealed weapon while on seaport property in 12 a designated restricted area; requiring that 13 periodic review of the statewide minimum 14 standards for seaport security be conducted 15 under the Office of Drug Control within the 16 Executive Office of the Governor; requiring the 17 Office of Drug Control to convene an advisory 18 council to review the statewide minimum 19 standards for seaport security; providing 20 membership standards for seaport security; 21 providing membership, terms, organization, and 22 meetings of the council; creating s. 311.121, 23 F.S.; requiring the seaport authority or 24 governing board of each seaport that is subject 25 to statewide minimum seaport security standards 26 to impose specified requirements for 27 certification as a seaport security officer; 28 creating the Seaport Security Officer 29 Qualification, Training, and Standards 30 Coordinating Council under the Department of 31 Law Enforcement; providing membership and 25 11:47 AM 03/28/06 s0190d-cj05-z7q
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 190 Barcode 374704 1 organization of the council; providing terms of 2 members; providing duties and authority of the 3 council; requiring the Department of Education 4 to develop curriculum recommendations and 5 specifications of the council into initial and 6 continuing education and training programs for 7 certification as a seaport security officer; 8 providing requirements and procedures with 9 respect to such training programs; providing 10 requirements and procedures with respect to 11 certification as a seaport security officer; 12 providing requirements for renewal of inactive 13 or revoked certification; creating s. 311.122, 14 F.S.; authorizing each seaport in the state to 15 create a seaport law enforcement agency for its 16 facility; providing requirements of an agency; 17 requiring certification of an agency; providing 18 requirements with respect to the composition of 19 agency personnel; providing powers of seaport 20 law enforcement agency officers and seaport 21 security officers; creating s. 311.123, F.S.; 22 providing for the creation of a maritime domain 23 security awareness training program; providing 24 purpose of the program; providing requirements 25 for the program training curriculum; creating 26 s. 311.124, F.S.; authorizing seaport security 27 officers to detain persons suspected of 28 trespassing in a designated restricted area of 29 a seaport; providing immunity from specified 30 criminal or civil liability; creating s. 31 817.021, F.S.; providing a criminal penalty for 26 11:47 AM 03/28/06 s0190d-cj05-z7q
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 190 Barcode 374704 1 providing false information in obtaining or 2 attempting to obtain a seaport security 3 identification card; providing an effective 4 date. 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 27 11:47 AM 03/28/06 s0190d-cj05-z7q