HB 7145

1
A bill to be entitled
2An act relating to seaport security; creating s. 311.111,
3F.S.; requiring each seaport authority or governing board
4of a seaport that is subject to the statewide minimum
5seaport security standards to designate and identify
6security area designations, access requirements, and
7security enforcement authorizations on seaport premises
8and in seaport security plans; providing that any part of
9a port's property may be designated as a restricted access
10area under certain conditions; amending s. 311.12, F.S.;
11revising purpose of security plans maintained by seaports;
12requiring periodic plan revisions; requiring plans to be
13inspected by the Office of Drug Control and the Department
14of Law Enforcement based upon specified standards;
15providing requirements with respect to protection
16standards in specified restricted areas; requiring
17delivery of the plan to specified entities; requiring the
18Department of Law Enforcement to inspect every seaport
19within the state to determine if all security measures
20adopted by the seaport are in compliance with seaport
21security standards; requiring a report; authorizing
22seaports to appeal findings in a Department of Law
23Enforcement inspection report; requiring the Domestic
24Security Oversight Council to establish a review process;
25providing procedures and requirements with respect to
26waiver of any physical facility requirement or other
27requirement contained in the statewide minimum standards
28for seaport security; providing a penalty for possession
29of a concealed weapon while on seaport property in a
30designated restricted area; requiring periodic review of
31the statewide minimum standards for seaport security to be
32conducted under the Office of Drug Control within the
33Executive Office of the Governor; requiring the Office of
34Drug Control to convene a Seaport Security Standards
35Advisory Council to review the statewide minimum standards
36for seaport security with respect to current narcotics and
37terrorism threats to Florida's seaports; providing
38membership, terms, organization, and meetings of the
39council; creating s. 311.121, F.S.; requiring the
40authority or governing board of each seaport that is
41subject to statewide minimum seaport security standards to
42impose specified requirements for certification as a
43seaport security officer; creating the Seaport Security
44Officer Qualification, Training, and Standards
45Coordinating Council under the Department of Law
46Enforcement; providing membership and organization of the
47council; providing terms of members; providing duties and
48authority of the council; requiring the Department of
49Education to develop curriculum recommendations and
50specifications of the council into initial and continuing
51education and training programs for seaport security
52officer certification; providing requirements and
53procedures with respect to such training programs;
54providing requirements and procedures with respect to
55certification as a seaport security officer; providing
56requirements for renewal of inactive or revoked
57certification; creating s. 311.122, F.S.; authorizing each
58seaport in the state to create a seaport law enforcement
59agency for its facility; providing requirements of an
60agency; requiring certification of an agency; providing
61requirements with respect to the composition of agency
62personnel; providing powers of seaport law enforcement
63agency officers and seaport security officers; creating s.
64311.123, F.S.; providing for the creation of a maritime
65domain security awareness training program; providing
66purpose of the program; providing program training
67curriculum requirements; creating s. 311.124, F.S.;
68providing authority of seaport security officers to detain
69persons suspected of trespassing in a designated
70restricted area of a seaport; providing immunity from
71specified criminal or civil liability; creating s.
72817.021, F.S.; providing a criminal penalty for willfully
73and knowingly providing false information in obtaining or
74attempting to obtain a seaport security identification
75card; providing an effective date.
76
77Be It Enacted by the Legislature of the State of Florida:
78
79     Section 1.  Section 311.111, Florida Statutes is created to
80read:
81     311.111  Security area designations; access requirements;
82authority.--Each seaport authority or governing board of a
83seaport identified in s. 311.09 that is subject to the statewide
84minimum seaport security standards in s. 311.12 shall clearly
85designate in seaport security plans and clearly identify with
86appropriate signs and markers on the premises of a seaport the
87following security area designations, access requirements, and
88corresponding security enforcement authorizations, which may
89include, but not be limited to, clear notice of the prohibition
90on possession of concealed weapons and other contraband material
91on the premises of the seaport:
92     (1)  UNRESTRICTED PUBLIC ACCESS AREA.--An unrestricted
93public access area of a seaport is open to the general public
94without a seaport identification card other than that required
95as a condition of employment by a seaport director.
96     (2)  RESTRICTED PUBLIC ACCESS AREA.--A restricted public
97access area of a seaport is open to the public for a specific
98purpose via restricted access and open to individuals working on
99the seaport, seaport employees, or guests who have business with
100the seaport. Any person found in these areas without the proper
101level of identification card is subject to the trespass
102provisions of ss. 810.08 and 810.09 and this chapter. All
103persons and objects in these areas are subject to search by an
104on-duty sworn state-certified law enforcement officer, a Class D
105seaport officer certified under Maritime Transportation Security
106Act guidelines, or an employee of the seaport security force
107certified under the Maritime Transportation Security Act
108guidelines.
109     (3)  RESTRICTED ACCESS AREA.--A restricted access area of a
110seaport is open only to individuals working on the seaport,
111seaport employees, or guests who have business with the seaport.
112Any person found in these areas without the proper level of
113identification card is subject to the trespass provisions of ss.
114810.08 and 810.09 and this chapter. All persons and objects in
115these areas are subject to search by an on-duty sworn state-
116certified law enforcement officer, a Class D seaport officer
117certified under Maritime Transportation Security Act guidelines,
118or an employee of the seaport security force certified under the
119Maritime Transportation Security Act guidelines.
120     (4)  SECURED RESTRICTED ACCESS AREA.--A secured restricted
121access area of a seaport is open only to individuals working on
122the seaport, seaport employees, or guests who have business with
123the seaport and is secured at each point of access at all times
124by a Class D security guard certified under the Maritime
125Transportation Security Act, a sworn state-certified law
126enforcement officer, or an employee of the port's security force
127certified under the Maritime Transportation Security Act. Any
128person found in these areas without the proper level of
129identification card is subject to the trespass provisions of ss.
130810.08 and 810.09 and this chapter. All persons and objects in
131these areas are subject to search by an on-duty Class D seaport
132security officer certified under Maritime Transportation
133Security Act guidelines, a sworn state-certified law enforcement
134officer, or an employee of the seaport security force certified
135under the Maritime Transportation Security Act guidelines.
136
137During a period of high terrorist threat level designated by the
138United States Department of Homeland Security or the Florida
139Department of Law Enforcement or during an emergency declared by
140the seaport security director of a port due to events applicable
141to that particular port, the management or controlling authority
142of the port may temporarily designate any part of the port
143property as a restricted access area or a secured restricted
144access area. The duration of such designation is limited to the
145period in which the high terrorist threat level is in effect or
146port emergency exists. Subsections (3) and (4) do not limit the
147power of the managing or controlling authority of a seaport to
148designate any port property as a restricted access area or a
149secured restricted access area as otherwise provided by law.
150     Section 2.  Subsection (2) and paragraph (b) of subsection
151(4) of section 311.12, Florida Statutes, are amended, and
152subsections (7) and (8) are added to that section, to read:
153     311.12  Seaport security standards; inspections;
154compliance; appeals.--
155     (2)(a)  Each seaport identified in s. 311.09 shall maintain
156a security plan to provide for a secure seaport infrastructure
157specific to that seaport that shall promote the safety and
158security of the residents and visitors of the state and promote
159the flow of legitimate trade and travel. Commencing January 1,
1602007, and every 5 years thereafter, the seaport director of each
161seaport, with the assistance of the Regional Domestic Security
162Task Force and in conjunction with the United States Coast
163Guard, shall revise the seaport security plan based on the
164results of continual, quarterly assessments by the seaport
165director of security risks and possible risks related to
166terrorist activities and relating to the specific and
167identifiable needs of the seaport which assures that the seaport
168is in substantial compliance with the statewide minimum
169standards established pursuant to subsection (1).
170     (b)  Each plan adopted or revised pursuant to this
171subsection shall be inspected must be reviewed and approved by
172the Office of Drug Control and the Department of Law Enforcement
173based solely upon the standards as set forth under the Maritime
174Transportation Security Act as revised July 2003, 33 C.F.R. s.
175105.305, and the statewide minimum standards established
176pursuant to subsection (1). All such seaports shall allow
177unimpeded access by the Department of Law Enforcement to the
178affected facilities for purposes of plan or compliance
179inspections or other operations authorized by this section.
180     (c)  Each seaport security plan shall may establish
181unrestricted and restricted access areas within the seaport
182consistent with the requirements of the statewide minimum
183standards and the provisions of s. 311.111. In such cases, a
184Uniform Port Access Credential Card, authorizing restricted-area
185access, shall be required for any individual working within or
186authorized to regularly enter a restricted access area and the
187requirements in subsection (3) relating to criminal history
188checks and employment restrictions shall be applicable only to
189employees or other persons working within or authorized to
190regularly enter a restricted access area. Every seaport security
191plan shall set forth the conditions and restrictions to be
192imposed upon others visiting the port or any restricted access
193area sufficient to provide substantial compliance with the
194statewide minimum standards. As determined by the seaport
195director's most current quarterly risk assessment report, any
196restricted access area with a potential human occupancy of 50
197persons or more, any cruise terminal, or any business operation
198that is adjacent to an unrestricted public access area shall be
199protected from the most probable and creditable terrorist threat
200to human life by the use of like or similar standards as those
201set forth in the United States Department of Defense Minimum
202Antiterrorism Standard for Buildings, Unified Facilities
203Criteria 4-010-0.
204     (d)  Within 30 days after the completion of the seaport's
205security plan inspection by the Department of Law Enforcement,
206it shall be delivered to the United States Coast Guard, Regional
207Domestic Security Task Force, and the Domestic Security
208Oversight Council.
209     (e)  It is the intent of the Legislature that Florida's
210seaports adhere to security practices that are consistent with
211risks assigned to each seaport through the risk assessment
212process established in this section. Therefore, the Department
213of Law Enforcement shall inspect every seaport within the state
214to determine if all security measures adopted by the seaport are
215in compliance with the standards set forth in this chapter and
216shall submit the department's findings within 30 days after the
217inspection in a report to the Domestic Security Oversight
218Council and the United States Coast Guard for review, with
219requests to the Coast Guard for any necessary punitive action.
220     (f)  Notwithstanding the provisions of chapter 120, a
221seaport may appeal to the Domestic Security Oversight Council
222for review and mediation the findings in any Department of Law
223Enforcement inspection report as they relate to the requirements
224of this section. The Domestic Security Oversight Council shall
225establish a review process and may review only those findings
226under this section that are in specific dispute by the seaport.
227In reviewing the disputed findings, the council may concur in
228the findings of the department or the seaport or may recommend
229corrective action to the seaport. Findings of the council shall
230be considered final.
231     (4)
232     (b)  The Office of Drug Control and the executive director
233of the Department of Law Enforcement may modify or waive any
234physical facility requirement or other requirement contained in
235the statewide minimum standards for seaport security upon a
236finding or other determination that the purposes of the
237standards have been reasonably met or exceeded by the seaport
238requesting the modification or waiver. Alternate means of
239compliance may not in any way diminish the safety or security of
240the seaport and shall be verified through an extensive risk
241analysis conducted by the port director. Waivers shall be
242submitted in writing with supporting documentation to the Office
243of Drug Control and the Department of Law Enforcement. The
244Office of Drug Control and the Department of Law Enforcement
245shall have 90 days to jointly grant the waiver or reject the
246waiver in whole or in part. Waivers not granted within 90 days
247or jointly rejected shall be submitted by the seaport to the
248Domestic Security Oversight Council for consideration. The
249Domestic Security Oversight Council shall grant the waiver or
250reject the waiver in whole or in part. The decision of the
251Domestic Security Oversight Council shall be considered final.
252Waivers submitted for standards established under s. 311.122(3)
253may not be granted for percentages below 10 percent. Such
254modifications or waivers shall be noted in the annual report
255submitted by the Department of Law Enforcement pursuant to this
256subsection.
257     (7)  Any person who has in his or her possession a
258concealed weapon, or who operates or has possession or control
259of a vehicle in or upon which a concealed weapon is placed or
260stored, while in a designated restricted area on seaport
261property commits a misdemeanor of the first degree, punishable
262as provided in s. 775.082 or s. 775.083. This subsection does
263not apply to active-duty certified federal or state law
264enforcement personnel.
265     (8)(a)  Commencing on January 15, 2007, and every 5 years
266thereafter, a review of the statewide minimum standards for
267seaport security as contained in paragraph(1)(a) shall be
268conducted under the Office of Drug Control within the Executive
269Office of the Governor by the Seaport Security Standards
270Advisory Council as provided in paragraph (b).
271     (b)  The Office of Drug Control shall convene a Seaport
272Security Standards Advisory Council as defined in s. 20.03(7) to
273review the statewide minimum standards for seaport security for
274applicability to and effectiveness in combating current
275narcotics and terrorism threats to Florida's seaports. All
276sources of information allowed by law shall be utilized in
277assessing the applicability and effectiveness of the standards.
278     (c)  The members of the council shall consist of the
279following:
280     1.  Two seaport directors appointed by the Governor.
281     2.  Two seaport security directors appointed by the
282Governor.
283     3.  One designee from the Department of Law Enforcement.
284     4.  The director of the Office of Motor Carrier Compliance
285of the Department of Transportation.
286     5.  One designee from the Attorney General's Office.
287     6.  One designee from the Department of Agriculture and
288Consumer Services.
289     7.  One designee from the Office of Tourism, Trade, and
290Economic Development.
291     8.  A representative of the United States Coast Guard who
292shall serve as an ex officio member of the council.
293     (d)  Members of the council shall serve for terms of 4
294years. A vacancy shall be filled by the original appointing
295authority for the balance of the unexpired term.
296     (e)  Seaport Security Standards Advisory Council members
297shall serve without pay; however, state per diem and travel
298allowances may be claimed for attendance of officially called
299meetings as provided by s. 112.061.
300     (f)  The Seaport Security Standards Advisory Council shall
301be chaired by a designee from the Office of Drug Control. The
302council shall meet upon the call of the chair and at least once
303every 5 years.
304     (g)  Recommendations and findings of the council shall be
305transmitted to the Governor, the Speaker of the House of
306Representatives, and the President of the Senate.
307     Section 3.  Section 311.121, Florida Statutes, is created
308to read:
309     311.121  Qualifications, training, and certification of
310licensed security officers at Florida seaports.--
311     (1)  It is the intent of the Legislature that seaports in
312the state be able to mitigate operational security costs without
313reducing security levels by employing a combination of certified
314law enforcement officers and certified private security service
315officers. The Department of Law Enforcement shall adhere to this
316intent in the approval and certification process for seaport
317security required under s. 311.12.
318     (2)  The authority or governing board of each seaport
319identified under s. 311.09 that is subject to the statewide
320minimum seaport security standards established in s. 311.12
321shall require that a candidate for certification as a seaport
322security officer:
323     (a)  Has received a Class D license as a security officer
324under chapter 493.
325     (b)  Has successfully completed the certified training
326curriculum for a Class D license or has been determined by the
327Department of Agriculture and Consumer Services to have
328equivalent experience as established by rule of the department.
329     (c)  Has completed the training or training equivalency and
330testing process established by this section for becoming a
331certified seaport security officer.
332     (3)(a)  The Seaport Security Officer Qualification,
333Training, and Standards Coordinating Council is created under
334the Department of Law Enforcement.
335     (b)  The executive director of the Department of Law
336Enforcement shall appoint 12 members to the council which shall
337include:
338     1.  The seaport administrator of the Department of Law
339Enforcement.
340     2.  The chancellor of the Community College System.
341     3.  The director of the Division of Licensing of the
342Department of Agriculture and Consumer Services.
343     4.  The administrator of the Florida Seaport Transportation
344and Economic Development Council.
345     5.  Two seaport security directors from seaports designated
346under s. 311.09.
347     6.  One director of a state law enforcement academy.
348     7.  One representative of a local law enforcement agency.
349      8.  Two representatives of contract security services.
350     9.  One representative of the Division of Driver Licenses
351of the Department of Highway Safety and Motor Vehicles.
352     10.  One representative of the United States Coast Guard.
353     (c)  Council members designated in subparagraphs (b)1.-4.
354shall serve for the duration of their employment or appointment.
355Council members designated under subparagraphs (b)5.-10. shall
356serve 4-year terms, except that the initial appointment for the
357representative of a local law enforcement agency, one
358representative of a contract security agency, and one seaport
359security director from a seaport designated in s. 311.09 shall
360serve for terms of 2 years.
361     (d)  The chancellor of the Community College System shall
362serve as chair of the council.
363     (e)  The council shall meet upon the call of the chair, and
364at least once a year to update or modify curriculum
365recommendations.
366     (f)  Council members shall serve without pay; however,
367state per diem and travel allowances may be claimed for
368attendance of officially called meetings as provided by s.
369112.061.
370     (g)  The council shall identify the qualifications,
371training, and standards for seaport security officer
372certification and recommend a curriculum for the seaport
373security officer training program that shall include no less
374than 218 hours of initial certification training and that
375conforms to or exceeds model courses approved by the Federal
376Maritime Act under Section 109 of the Federal Maritime
377Transportation Security Act of 2002 for facility personnel with
378specific security duties.
379     (h)  The council may recommend training equivalencies that
380may be substituted for portions of the required training.
381     (i)  The council shall recommend a continuing education
382curriculum of no less than 8 hours of additional training for
383each annual licensing period.
384     (4)(a)  The Department of Education shall develop the
385curriculum recommendations and classroom-hour specifications of
386the Seaport Security Officer Qualifications, Training, and
387Standards Coordinating Council into initial and continuing
388education and training programs for seaport security officer
389certification.
390     (b)  Such training programs shall be used by schools
391licensed under s. 493.6304, and each instructor providing
392training must hold a Class D license pursuant to s. 493.6301.
393     (c)  A seaport authority or other organization involved in
394seaport-related activities may apply to become a school licensed
395under s. 493.6304.
396     (d)  The training programs shall include proficiency
397examinations that must be passed by each candidate for
398certification who successfully completes the required hours of
399training or provides proof of authorized training equivalencies.
400     (e)  A candidate for certification must be provided with a
401list of authorized training equivalencies in advance of
402training; however, each candidate for certification must
403successfully complete 20 hours of study specific to Florida
404Maritime Security and pass the related portion of the
405proficiency examination.
406     (5)  Seaport security officer certificates shall be
407provided by the Department of Agriculture and Consumer Services
408for issuance by a school licensed under s. 493.6304 and such
409school may issue the certificate to an applicant who has
410successfully completed the training program. A school shall
411notify the Division of Licensing within the department upon the
412issuance of each certificate. The notification must include the
413name and Class D license number of the certificateholder and a
414copy of the certificate. The department shall place the
415notification with the licensee's file. Notification may be
416provided by electronic or paper format pursuant to instruction
417of the Department of Agriculture and Consumer Services.
418     (6)(a)  Upon completion of the certification process, a
419person holding a Class D license must apply for a revised
420license pursuant to s. 493.6107(2), which license shall state
421that the licensee is certified as a seaport security officer.
422     (b)  A person who has been issued a seaport security
423officer certificate is authorized to perform duties specifically
424required of a seaport security officer.
425     (c)  The certificate is valid for the duration of the
426seaport security officer's Class D license and shall be renewed
427upon renewal of the license.
428     (d)  The certificate shall become void if the seaport
429security officer's Class D license is revoked or allowed to
430lapse for more than 1 year or if the licensee fails to complete
431the annual continuing education requirement prior to expiration
432of the Class D license.
433     (e)  Renewal of certification following licensure
434revocation or a lapse of longer than 1 year requires, at a
435minimum, 20 hours of recertification training and reexamination
436of the applicant.
437     Section 4.  Section 311.122, Florida Statutes, is created
438to read:
439     311.122  Seaport law enforcement agency; authorization;
440requirements; powers; training.--
441     (1)  Each seaport in the state is authorized to create a
442seaport law enforcement agency for its facility, which authority
443in no way precludes the seaport from contracting with local
444governments or law enforcement agencies to comply with the
445security standards required by this chapter.
446     (2)  Each seaport law enforcement agency shall meet all of
447the standards set by the state under certified law enforcement
448guidelines and requirements and shall be certified as provided
449under chapter 943.
450     (3)  If a seaport creates a seaport law enforcement agency
451for its facility, a minimum of 30 percent of the aggregate
452personnel of each seaport law enforcement agency shall be sworn
453state-certified law enforcement officers with additional
454Maritime Transportation Security Act seaport training; a minimum
455of 30 percent of on-duty personnel of each seaport law
456enforcement agency shall be sworn state-certified law
457enforcement officers with additional Maritime Transportation
458Security Act seaport training; and at least one on-duty
459supervisor must be a sworn state-certified law enforcement
460officer with additional Maritime Transportation Security Act
461seaport training.
462     (4)  For the purposes of this chapter, where applicable,
463seaport law enforcement agency officers shall have the same
464powers as university police officers as provided in s. 1012.97;
465however, such powers do not extend beyond the property of the
466seaport except in connection with an investigation initiated on
467seaport property or in connection with an immediate, imminent
468threat to the seaport.
469     (5)  For the purposes of this chapter, sworn state-
470certified seaport security officers shall have the same law
471enforcement powers with respect to the enforcement of traffic
472laws on seaport property as university police officers under s.
4731012.97, community college police officers under s. 1012.88, and
474airport police officers under the provisions of s.
475316.640(1)(a)1.d.(I)-(II).
476     (6)  Certified seaport security officers shall have the
477authority to immediately tow any vehicle parked illegally as
478indicated by an existing sign or during an emergency as deemed
479necessary to maintain seaport security.
480     Section 5.  Section 311.123, Florida Statutes, is created
481to read:
482     311.123  Maritime domain security awareness training
483program.--
484     (1)  The Florida Seaport Transportation and Economic
485Development Council, in conjunction with the Department of Law
486Enforcement and the Office of Drug Control within the Executive
487Office of the Governor, shall create a maritime domain security
488awareness training program to instruct all personnel employed
489within a seaport's boundaries about the security procedures
490required of them for implementation of the seaport security
491plan.
492     (2)  The training program curriculum must include security
493training required pursuant to 33 C.F.R. part 105 and must be
494designed to enable the seaports in this state to meet the
495training, drill, and exercise requirements of 33 C.F.R. part 105
496and individual seaport security plans and to comply with the
497requirements of s. 311.12 relating to security awareness.
498     Section 6.  Section 311.124, Florida Statutes, is created
499to read:
500     311.124  Trespassing; detention by a certified seaport
501security officer.--
502     (1)  Any Class D or Class G seaport security officer
503certified under the Maritime Transportation Security Act
504guidelines or any employee of the seaport security force
505certified under the Maritime Transportation Security Act
506guidelines who has probable cause to believe that a person is
507trespassing pursuant to the provisions of s. 810.08 or s. 810.09
508or this chapter in a designated restricted area pursuant to s.
509311.111 is authorized to detain such person in a reasonable
510manner for a reasonable period of time pending the arrival of a
511law enforcement officer, and such action shall not render the
512security officer criminally or civilly liable for false arrest,
513false imprisonment, or unlawful detention.
514     (2)  Upon detaining a person for trespass, the seaport
515security officer shall immediately call a certified law
516enforcement officer to the scene.
517     Section 7.  Section 817.021, Florida Statutes, is created
518to read:
519     817.021  False information to obtain a seaport security
520identification card.--A person who willfully and knowingly
521provides false information in obtaining or attempting to obtain
522a seaport security identification card commits a felony of the
523third degree, punishable as provided in s. 775.082 or s.
524775.083.
525     Section 8.  This act shall take effect July 1, 2006.


CODING: Words stricken are deletions; words underlined are additions.