CS/HB 7141

1	A bill to be entitled
2	An act relating to seaport security; creating s. 311.115,
3	F.S.; establishing the Seaport Security Standards Advisory
4	Council; providing for membership and terms of office;
5	providing duties; providing for per diem and travel
6	expenses; requiring reports to the Governor and
7	Legislature; amending s. 311.12, F.S.; revising provisions
8	relating to seaport security; authorizing the Department
9	of Law Enforcement to exempt all or part of a port from
10	certain security requirements; providing criteria for
11	determining eligibility to enter secure or restricted
12	areas; establishing a statewide access eligibility
13	reporting system within the department; requiring all
14	access eligibility to be submitted to the department and
15	retained within the system; deleting the requirement that
16	seaports promptly notify the department of any changes in
17	access levels; requiring changes in access eligibility
18	status to be reported within a certain time; providing for
19	fees; providing a procedure for obtaining access to secure
20	and restricted areas using federal credentialing;
21	specifying the process for conducting criminal history
22	checks and for the retention of fingerprint information;
23	providing a criminal penalty for providing false
24	information related to obtaining access to restricted
25	seaport areas; providing additional criminal offenses that
26	disqualify a person from employment by or access to a
27	seaport; deleting the requirement that the department
28	notify the port authority that denied employment of the
29	final disposition of a waiver request from background
30	screening requirements; allowing, rather than requiring,
31	certain applications for a waiver from security
32	requirements to be submitted to the Domestic Security
33	Oversight Council for review; requiring a copy of the
34	department's legislative report to be provided to each
35	seaport governing body or authority; adding the department
36	to those entities responsible for allocating funds for
37	security projects; deleting provisions relating to the
38	Seaport Security Standards Advisory Council; repealing s.
39	311.111, F.S., relating to unrestricted and restricted
40	public access areas and secured restricted access areas;
41	repealing s. 311.125, F.S., relating to the Uniform Port
42	Access Credential System and the Uniform Port Access
43	Credential Card; amending s. 311.121, F.S.; revising the
44	membership of the Seaport Security Officer Qualification,
45	Training, and Standards Coordinating Council; amending ss.
46	311.123, 311.124, 311.13, 943.0585, and 943.059, F.S.;
47	conforming terms and cross-references; directing the
48	Office of Drug Control to commission an update of the
49	Florida Seaport Security Assessment 2000, which shall be
50	presented to the Legislature by a certain date;
51	authorizing the Department of Law Enforcement to create a
52	pilot project to implement the seaport employee access
53	system; transferring certain equipment from the Department
54	of Highway Safety and Motor Vehicles to the Department of
55	Law Enforcement for use in the project; providing an
56	effective date.
57
58	Be It Enacted by the Legislature of the State of Florida:
59
60	Section 1.  Section 311.115, Florida Statutes, is created
61	to read:
62	311.115  Seaport Security Standards Advisory Council.--The
63	Seaport Security Standards Advisory Council is created under the
64	Office of Drug Control. The council shall serve as an advisory
65	council as provided in s. 20.03(7).
66	(1)  The members of the council shall be appointed by the
67	Governor and consist of the following:
68	(a)  Two seaport directors.
69	(b)  Two seaport security directors.
70	(c)  One representative of seaport tenants.
71	(d)  One representative of seaport workers.
72	(e)  One member from the Department of Law Enforcement.
73	(f)  One member from the Office of Motor Carrier Compliance
74	of the Department of Transportation.
75	(g)  One member from the Office of the Attorney General.
76	(h)  One member from the Department of Agriculture and
77	Consumer Services.
78	(i)  One member from the Office of Tourism, Trade, and
79	Economic Development.
80	(j)  One member from the Office of Drug Control.
81	(k)  One member from the Fish and Wildlife Conservation
82	Commission.
83	(l)  The Director of the Division of Emergency Management,
84	or his or her designee.
85	(2)  In addition to the members designated in subsection
86	(1), the council may invite a representative of the United
87	States Coast Guard to attend and participate in council meetings
88	as an ex officio, nonvoting member of the council.
89	(3)  Members of the council shall be appointed to 4-year
90	terms. A vacancy shall be filled by the Governor for the balance
91	of the unexpired term.
92	(4)  The council shall be chaired by the member from the
93	Office of Drug Control.
94	(5)  At least every 4 years after January 15, 2007, the
95	Office of Drug Control shall convene the council to review the
96	minimum security standards referenced in s. 311.12(1) for
97	applicability to and effectiveness in combating current
98	narcotics and terrorism threats to the state's seaports. All
99	sources of information allowed by law shall be used in assessing
100	the applicability and effectiveness of the standards.
101	(6)  Council members shall serve without pay, but shall be
102	entitled to per diem and travel expenses for attendance at
103	officially called meetings as provided in s. 112.061.
104	(7)  The council shall consult with the appropriate area
105	maritime security committees to assess possible impacts to
106	commerce and trade contained in the council's nonclassified
107	recommendations and findings.
108	(8)  The recommendations and findings of the council shall
109	be transmitted to the Governor, the President of the Senate, and
110	the Speaker of the House of Representatives.
111	Section 2.  Section 311.12, Florida Statutes, is amended to
112	read:
113	(Substantial rewording of section. See
114	s. 311.12, F.S., for present text.)
115	311.12  Seaport security.--
116	(1)  SECURITY STANDARDS.--
117	(a)  The statewide minimum standards for seaport security
118	applicable to seaports listed in s. 311.09 shall be those based
119	on the Florida Seaport Security Assessment 2000 and set forth in
120	the Port Security Standards Compliance Plan delivered to the
121	Speaker of the House of Representatives and the President of the
122	Senate on December 11, 2000. The Office of Drug Control within
123	the Executive Office of the Governor shall maintain a sufficient
124	number of copies of the standards at its offices for
125	distribution to the public and provide copies to each affected
126	seaport upon request.
127	(b)  A seaport may implement security measures that are
128	more stringent, more extensive, or supplemental to the minimum
129	security standards established by this subsection.
130	(c)  The provisions of s. 790.251 are not superseded,
131	preempted, or otherwise modified in any way by the provisions of
132	this section.
133	(2)  EXEMPTION.--The Department of Law Enforcement may
134	exempt all or part of a seaport listed in s. 311.09 from the
135	requirements of this section if the department determines that
136	activity associated with the use of the seaport or part of the
137	seaport is not vulnerable to criminal activity or terrorism. The
138	department shall periodically review such exemptions to
139	determine if there is a change in use. Such change may warrant
140	removal of all or part of the exemption.
141	(3)  SECURITY PLAN.--Each seaport listed in s. 311.09 shall
142	adopt and maintain a security plan specific to that seaport
143	which provides for a secure seaport infrastructure that promotes
144	the safety and security of state residents and visitors and the
145	flow of legitimate trade and travel.
146	(a)  Every 5 years after January 1, 2007, each seaport
147	director, with the assistance of the Regional Domestic Security
148	Task Force and in conjunction with the United States Coast
149	Guard, shall revise the seaport's security plan based on the
150	director's ongoing assessment of security risks, the risks of
151	terrorist activities, and the specific and identifiable needs of
152	the seaport for ensuring that the seaport is in substantial
153	compliance with the minimum security standards established under
154	subsection (1).
155	(b)  Each adopted or revised security plan must be reviewed
156	and approved by the Office of Drug Control and the Department of
157	Law Enforcement for compliance with federal facility security
158	assessment requirements under 33 C.F.R. s. 105.305 and the
159	minimum security standards established under subsection (1).
160	Within 30 days after completion, a copy of the written review
161	shall be delivered to the United States Coast Guard, the
162	Regional Domestic Security Task Force, and the Domestic Security
163	Oversight Council.
164	(4)  SECURE AND RESTRICTED AREAS.--Each seaport listed in
165	s. 311.09 must clearly designate in seaport security plans, and
166	clearly identify with appropriate signs and markers on the
167	premises of a seaport, all secure and restricted areas as
168	defined by the United States Department of Homeland Security-
169	United States Coast Guard Navigation and Vessel Inspection
170	Circular No. 03-07 and 49 C.F.R. part 1572. The plans must also
171	address access eligibility requirements and corresponding
172	security enforcement authorizations.
173	(a)  The seaport's security plan must set forth the
174	conditions and restrictions to be imposed on persons employed
175	at, doing business at, or visiting the seaport who have access
176	to secure and restricted areas which are sufficient to provide
177	substantial compliance with the minimum security standards
178	established in subsection (1) and federal regulations.
179	1.  All seaport employees and other persons working at the
180	seaport who have regular access to secure or restricted areas
181	must comply with federal access control regulations and state
182	criminal history checks as prescribed in this section.
183	2.  All persons and objects in secure and restricted areas
184	are subject to search by a sworn state-certified law enforcement
185	officer, a Class D seaport security officer certified under
186	Maritime Transportation Security Act guidelines and s. 311.121,
187	or an employee of the seaport security force certified under the
188	Maritime Transportation Security Act guidelines and s. 311.121.
189	3.  Persons found in these areas without the proper
190	permission are subject to the trespass provisions of ss. 810.08
191	and 810.09.
192	(b)  As determined by the seaport director's most current
193	risk assessment under paragraph (3)(a), any secure or restricted
194	area that has a potential human occupancy of 50 persons or more,
195	any cruise terminal, or any business operation that is adjacent
196	to a public access area must be protected from the most probable
197	and credible terrorist threat to human life.
198	(c)  The seaport must provide clear notice of the
199	prohibition against possession of concealed weapons and other
200	contraband material on the premises of the seaport. Any person
201	in a restricted area who has in his or her possession a
202	concealed weapon, or who operates or has possession or control
203	of a vehicle in or upon which a concealed weapon is placed or
204	stored, commits a misdemeanor of the first degree, punishable as
205	provided in s. 775.082 or s. 775.083. This paragraph does not
206	apply to active-duty certified federal or state law enforcement
207	personnel or persons so designated by the seaport director in
208	writing.
209	(d)  During a period of high terrorist threat level, as
210	designated by the United States Department of Homeland Security
211	or the Department of Law Enforcement, or during an emergency
212	declared at a port by the seaport security director due to
213	events applicable to that particular seaport, the management or
214	controlling authority of the port may temporarily designate any
215	part of the seaport property as a secure or restricted area. The
216	duration of such designation is limited to the period in which
217	the high terrorist threat level is in effect or a port emergency
218	exists.
219	(5)  ACCESS ELIGIBILITY REPORTING SYSTEM.--Subject to
220	legislative appropriations, the Department of Law Enforcement
221	shall administer a statewide seaport access eligibility
222	reporting system.
223	(a)  The system must include, at a minimum, the following:
224	1.  A centralized, secure method of collecting and
225	maintaining fingerprints, other biometric data, or other means
226	of confirming the identity of persons authorized to enter a
227	secure or restricted area of a seaport.
228	2.  A methodology for receiving from and transmitting
229	information to each seaport regarding a person's authority to
230	enter a secure or restricted area of the seaport.
231	3.  A means for receiving prompt notification from a
232	seaport when a person's authorization to enter a secure or
233	restricted area of a seaport has been suspended or revoked.
234	4.  A means to communicate to seaports when a person's
235	authorization to enter a secure or restricted area of a seaport
236	has been suspended or revoked.
237	(b)  Each seaport listed in s. 311.09 is responsible for
238	granting, modifying, restricting, or denying access to secure
239	and restricted areas to seaport employees, other persons working
240	at the seaport, visitors who have business with the seaport, or
241	other persons regularly appearing at the seaport. Based upon the
242	person's criminal history check, each seaport may determine the
243	specific access eligibility to be granted to that person. Each
244	seaport is responsible for access eligibility verification at
245	its location.
246	(c)  Upon determining that a person is eligible to enter a
247	secure or restricted area of a port pursuant to subsections (6)
248	and (7), the seaport shall, within 3 business days, report the
249	determination to the department for inclusion in the system.
250	(d)  All information submitted to the department regarding
251	a person's access eligibility screening may be retained by the
252	department for subsequent use in promoting seaport security,
253	including, but not limited to, the review of the person's
254	criminal history status to ensure that the person has not become
255	disqualified for such access.
256	(e)  The following fees may not be charged by more than one
257	seaport and shall be paid by the seaport, another employing
258	entity, or the person being entered into the system to the
259	department or to the seaport if the seaport is acting as an
260	agent of the department for the purpose of collecting the fees:
261	1.  The cost of the state criminal history check under
262	subsection (7).
263	2.  A $50 fee to cover the initial cost of entering the
264	person into the system and an additional $50 fee every 5 years
265	thereafter to coincide with the issuance of the federal
266	Transportation Worker Identification Credential described in
267	subsection (6). The fee covers all costs for entering or
268	maintaining the person in the system including the retention and
269	use of the person's fingerprint, other biometric data, or other
270	identifying information.
271	3.  The seaport entering the person into the system may
272	charge an administrative fee to cover, but not exceed, the
273	seaport's actual administrative costs for processing the results
274	of the state criminal history check and entering the person into
275	the system.
276	(f)  All fees identified in paragraph (e) must be paid
277	before the person may be granted access to a secure or
278	restricted area. Failure to comply with the criminal history
279	check and failure to pay the fees are grounds for immediate
280	denial of access.
281	(g)  Persons, corporations, or other business entities that
282	employ persons to work or do business at seaports shall notify
283	the seaport of the termination, resignation, work-related
284	incapacitation, or death of an employee who has access
285	permission.
286	1.  If the seaport determines that the person has been
287	employed by another appropriate entity or is self-employed for
288	purposes of performing work at the seaport, the seaport may
289	reinstate the person's access eligibility.
290	2.  A business entity's failure to report a change in an
291	employee's work status within 7 days after the change may result
292	in revocation of the business entity's access to the seaport.
293	(h)  In addition to access permissions granted or denied by
294	seaports, access eligibility may be restricted or revoked by the
295	department if there is a reasonable suspicion that the person is
296	involved in terrorism or criminal violations that could affect
297	the security of a port or otherwise render the person ineligible
298	for seaport access.
299	(i)  Any suspension or revocation of port access must be
300	reported by the seaport to the department within 24 hours after
301	such suspension or revocation.
302	(j)  The submission of information known to be false or
303	misleading to the department for entry into the system is a
304	felony of the third degree, punishable as provided in s.
305	775.082, s. 775.083, or s. 775.084.
306	(6)  ACCESS TO SECURE AND RESTRICTED AREAS.--
307	(a)  Any person seeking authorization for unescorted access
308	to secure and restricted areas of a seaport must possess, unless
309	waived under paragraph (7)(e), a valid federal Transportation
310	Worker Identification Credential (TWIC) and execute an affidavit
311	under oath which provides TWIC identification information and
312	indicates the following:
313	1.  The TWIC is currently valid and in full force and
314	effect.
315	2.  The TWIC was not received through the waiver process
316	for disqualifying criminal history allowed by federal law.
317	3.  He or she has not, in any jurisdiction, civilian or
318	military, been convicted of, entered a plea of guilty or nolo
319	contendere to, regardless of adjudication, or been found not
320	guilty by reason of insanity, of any disqualifying felony under
321	subsection (7) or any crime that includes the use or possession
322	of a firearm.
323	(b)  Upon submission of a completed affidavit as provided
324	in paragraph (a), the completion of the state criminal history
325	check as provided in subsection (7), and payment of all required
326	fees under subsection (5), a seaport may grant the person access
327	to secure or restricted areas of the port.
328	(c)  Any port granting a person access to secure or
329	restricted areas shall report the grant of access to the
330	Department of Law Enforcement for inclusion in the access
331	eligibility reporting system under subsection (5) within 3
332	business days.
333	(d)  The submission of false information on the affidavit
334	required by this section is a felony of the third degree,
335	punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
336	Upon conviction for a violation of this provision, the person
337	convicted forfeits all privilege of access to secure or
338	restricted areas of a seaport and is disqualified from future
339	approval for access to such areas.
340	(e)  Any affidavit form created for use under this
341	subsection must contain the following statement in conspicuous
342	type: "SUBMISSION OF FALSE INFORMATION ON THIS AFFIDAVIT IS A
343	FELONY UNDER FLORIDA LAW AND WILL, UPON CONVICTION, RESULT IN
344	DISQUALIFICATION FOR ACCESS TO A SECURE OR RESTRICTED AREA OF A
345	SEAPORT."
346	(f)  Upon each 5-year renewal of a person's TWIC, the
347	person must submit another affidavit as required by this
348	subsection.
349	(7)  CRIMINAL HISTORY SCREENING.--A fingerprint-based
350	criminal history check must be performed on employee applicants,
351	current employees, and other persons authorized to regularly
352	enter a secure or restricted area, or the entire seaport if the
353	seaport security plan does not designate one or more secure or
354	restricted areas.
355	(a)  A person is disqualified from employment or unescorted
356	access if the person:
357	1.  Was convicted of, or entered a plea of guilty or nolo
358	contendere to, regardless of adjudication, any of the offenses
359	listed in paragraph (b) in any jurisdiction, civilian or
360	military, including courts-martial conducted by the Armed Forces
361	of the United States, during the 7 years before the date of the
362	person's application for access; or
363	2.  Was released from incarceration, or any supervision
364	imposed as a result of sentencing, for committing any of the
365	disqualifying crimes listed in paragraph (b) in any
366	jurisdiction, civilian or military, during the 5 years before
367	the date of the person's application for access.
368	(b)  Disqualifying offenses include:
369	1.  An act of terrorism as defined in s. 775.30.
370	2.  A violation involving a weapon of mass destruction or a
371	hoax weapon of mass destruction as provided in s. 790.166.
372	3.  Planting of a hoax bomb as provided in s. 790.165.
373	4.  A violation of s. 876.02 or s. 876.36.
374	5.  A violation of s. 860.065.
375	6.  Trafficking as provided in s. 893.135.
376	7.  Racketeering activity as provided in s. 895.03.
377	8.  Dealing in stolen property as provided in s. 812.019.
378	9.  Money laundering as provided in s. 896.101.
379	10.  Criminal use of personal identification as provided in
380	s. 817.568.
381	11.  Bribery as provided in s. 838.015.
382	12.  A violation of s. 316.302, relating to the transport
383	of hazardous materials.
384	13.  A forcible felony as defined in s. 776.08.
385	14.  A violation of s. 790.07.
386	15.  Any crime that includes the use or possession of a
387	firearm.
388	16.  A felony violation for theft as provided in s.
389	812.014.
390	17.  Robbery as provided in s. 812.13.
391	18.  Burglary as provided in s. 810.02.
392	19.  Any violation involving the sale, manufacture,
393	delivery, or possession with intent to sell, manufacture, or
394	deliver a controlled substance.
395	20.  Any offense under the laws of another jurisdiction
396	that is similar to an offense listed in this paragraph.
397	21.  Conspiracy or attempt to commit any of the offenses
398	listed in this paragraph.
399	(c)  Each individual who is subject to a criminal history
400	check shall file a complete set of fingerprints taken in a
401	manner acceptable to the Department of Law Enforcement for state
402	processing. The results of the criminal history check must be
403	reported to the requesting seaport and may be shared among
404	seaports.
405	(d)  All fingerprints submitted to the Department of Law
406	Enforcement shall be retained by the department and entered into
407	the statewide automated fingerprint identification system
408	established in s. 943.05(2)(b) and available for use in
409	accordance with s. 943.05(2)(g) and (h). An arrest record that
410	is identified with the retained fingerprints of a person subject
411	to the screening shall be reported to the seaport where the
412	person has been granted access to a secure or restricted area.
413	If the fingerprints of a person who has been granted access were
414	not retained, or are otherwise not suitable for use by the
415	department, the person must be refingerprinted in a manner that
416	allows the department to perform its functions as provided in
417	this section.
418	(e)  The Department of Law Enforcement shall establish a
419	waiver process for a person who does not have a TWIC, obtained a
420	TWIC though a federal waiver process, or is found to be
421	unqualified under paragraph (a) and denied employment by a
422	seaport or unescorted access to secure or restricted areas. If
423	the person does not have a TWIC and a federal criminal history
424	record check is required, the Department of Law Enforcement may
425	forward the person's fingerprints to the Federal Bureau of
426	Investigation for a national criminal history record check. The
427	cost of the national check must be paid by the seaport, which
428	may collect it as reimbursement from the person.
429	1.  Consideration for a waiver shall be based on the
430	circumstances of any disqualifying act or offense, restitution
431	made by the individual, and other factors from which it may be
432	determined that the individual does not pose a risk of engaging
433	in any act within the public seaports regulated under this
434	chapter that would pose a risk to or threaten the security of
435	the seaport and the public's health, safety, or welfare.
436	2.  The waiver process begins when an individual who has
437	been denied initial employment within or denied unescorted
438	access to secure or restricted areas of a public seaport submits
439	an application for a waiver and a notarized letter or affidavit
440	from the individual's employer or union representative which
441	states the mitigating reasons for initiating the waiver process.
442	3.  Within 90 days after receipt of the application, the
443	administrative staff of the Parole Commission shall conduct a
444	factual review of the waiver application. Findings of fact shall
445	be transmitted to the department for review. The department
446	shall make a copy of those findings available to the applicant
447	before final disposition of the waiver request.
448	4.  The department shall make a final disposition of the
449	waiver request based on the factual findings of the
450	investigation by the Parole Commission. The department shall
451	notify the waiver applicant of the final disposition of the
452	waiver.
453	5.  The review process under this paragraph is exempt from
454	chapter 120.
455	6.  By October 1 of each year, each seaport shall report to
456	the department each instance of denial of employment within, or
457	access to, secure or restricted areas, and each instance waiving
458	a denial occurring during the last 12 months. The report must
459	include the identity of the individual affected, the factors
460	supporting the denial or waiver, and any other material factors
461	used to make the determination.
462	(f)  In addition to the waiver procedure established by the
463	Department of Law Enforcement under paragraph (e), each seaport
464	security plan may establish a procedure to appeal a denial of
465	employment or access based upon procedural inaccuracies or
466	discrepancies regarding criminal history factors established
467	pursuant to this subsection.
468	(g)  Each seaport may allow immediate waivers on a
469	temporary basis to meet special or emergency needs of the
470	seaport or its users. Policies, procedures, and criteria for
471	implementation of this paragraph must be included in the seaport
472	security plan. All waivers granted by the seaports pursuant to
473	this paragraph must be reported to the department within 30 days
474	after issuance.
475	(8)  WAIVER FROM SECURITY REQUIREMENTS.--The Office of Drug
476	Control and the Department of Law Enforcement may modify or
477	waive any physical facility requirement or other requirement
478	contained in the minimum security standards upon a determination
479	that the purposes of the standards have been reasonably met or
480	exceeded by the seaport requesting the modification or waiver.
481	An alternate means of compliance must not diminish the safety or
482	security of the seaport and must be verified through an
483	extensive risk analysis conducted by the seaport director.
484	(a)  Waiver requests shall be submitted in writing, along
485	with supporting documentation, to the Office of Drug Control and
486	the Department of Law Enforcement. The office and the department
487	have 90 days to jointly grant or reject the waiver, in whole or
488	in part.
489	(b)  The seaport may submit any waivers that are not
490	granted or are jointly rejected to the Domestic Security
491	Oversight Council for review within 90 days. The council shall
492	recommend that the Office of Drug Control and the Department of
493	Law Enforcement grant the waiver or reject the waiver, in whole
494	or in part. The office and the department shall give great
495	weight to the council's recommendations.
496	(c)  A request seeking a waiver from the seaport law
497	enforcement personnel standards established under s. 311.122(3)
498	may not be granted for percentages below 10 percent.
499	(d)  Any modifications or waivers granted under this
500	subsection shall be noted in the annual report submitted by the
501	Department of Law Enforcement pursuant to subsection (10).
502	(9)  INSPECTIONS.--It is the intent of the Legislature that
503	the state's seaports adhere to security practices that are
504	consistent with the risks assigned to each seaport through the
505	ongoing risk assessment process established in paragraph (3)(a).
506	(a)  The Department of Law Enforcement, or any entity
507	designated by the department, shall conduct at least one annual
508	unannounced inspection of each seaport to determine whether the
509	seaport is meeting the minimum security standards established
510	pursuant to subsection (1) and to identify seaport security
511	changes or improvements needed or otherwise recommended.
512	(b)  The Department of Law Enforcement, or any entity
513	designated by the department, may conduct additional announced
514	or unannounced inspections or operations within or affecting any
515	seaport to test compliance with, or the effectiveness of,
516	security plans and operations at each seaport, to determine
517	compliance with physical facility requirements and standards, or
518	to assist the department in identifying changes or improvements
519	needed to bring a seaport into compliance with minimum security
520	standards.
521	(c)  Within 30 days after completing the inspection report,
522	the department shall submit a copy of the report to the Domestic
523	Security Oversight Council.
524	(d)  A seaport may request that the Domestic Security
525	Oversight Council review the findings in the department's report
526	as they relate to the requirements of this section. The council
527	may review only those findings that are in dispute by the
528	seaport. In reviewing the disputed findings, the council may
529	concur in the findings of the department or the seaport or may
530	recommend corrective action to the seaport. The department and
531	the seaport shall give great weight to the council's findings
532	and recommendations.
533	(e)  All seaports shall allow the Department of Law
534	Enforcement, or an entity designated by the department,
535	unimpeded access to affected areas and facilities for the
536	purpose of plan or compliance inspections or other operations
537	authorized by this section.
538	(10)  REPORTS.--The Department of Law Enforcement, in
539	consultation with the Office of Drug Control, shall annually
540	complete a report indicating the observations and findings of
541	all reviews, inspections, or other operations relating to the
542	seaports conducted during the year and any recommendations
543	resulting from such reviews, inspections, and operations. A copy
544	of the report shall be provided to the Governor, the President
545	of the Senate, the Speaker of the House of Representatives, the
546	governing body of each seaport or seaport authority, and each
547	seaport director. The report must include each director's
548	response indicating what actions, if any, have been taken or are
549	planned to be taken pursuant to the observations, findings, and
550	recommendations reported by the department.
551	(11)  FUNDING.--
552	(a)  In making decisions regarding security projects or
553	other funding applicable to each seaport listed in s. 311.09,
554	the Legislature may consider the Department of Law Enforcement's
555	annual report under subsection (10) as authoritative, especially
556	regarding each seaport's degree of substantial compliance with
557	the minimum security standards established in subsection (1).
558	(b)  The Legislature shall regularly review the ongoing
559	costs of operational security on seaports, the impacts of this
560	section on those costs, mitigating factors that may reduce costs
561	without reducing security, and the methods by which seaports may
562	implement operational security using a combination of sworn law
563	enforcement officers and private security services.
564	(c)  Subject to the provisions of this chapter and
565	appropriations made for seaport security, state funds may not be
566	expended for security costs without certification of need for
567	such expenditures by the Office of Ports Administrator within
568	the Department of Law Enforcement.
569	(d)  If funds are appropriated for seaport security, the
570	Office of Drug Control, the Department of Law Enforcement, and
571	the Florida Seaport Transportation and Economic Development
572	Council shall mutually determine the allocation of such funds
573	for security project needs identified in the approved seaport
574	security plans. Any seaport that receives state funds for
575	security projects must enter into a joint participation
576	agreement with the appropriate state entity and use the seaport
577	security plan as the basis for the agreement.
578	1.  If funds are made available over more than 1 fiscal
579	year, the agreement must reflect the entire scope of the project
580	approved in the security plan and, as practicable, allow for
581	reimbursement for authorized projects over more than 1 year.
582	2.  The agreement may include specific timeframes for
583	completion of a security project and the applicable funding
584	reimbursement dates. The agreement may also require a
585	contractual penalty of up to $1,000 per day to be imposed for
586	failure to meet project completion dates if state funding is
587	available. Any such penalty shall be deposited into the State
588	Transportation Trust Fund and used for seaport security
589	operations and capital improvements.
590	Section 3.  Sections 311.111 and 311.125, Florida Statutes,
591	are repealed.
592	Section 4.  Subsection (3) of section 311.121, Florida
593	Statutes, is amended to read:
594	311.121  Qualifications, training, and certification of
595	licensed security officers at Florida seaports.--
596	(3)(a)  The Seaport Security Officer Qualification,
597	Training, and Standards Coordinating Council is created under
598	the Department of Law Enforcement.
599	(a)(b)1.  The executive director of the Department of Law
600	Enforcement shall appoint 11 members to the council, to which
601	shall include:
602	1.a.  The seaport administrator of the Department of Law
603	Enforcement.
604	2.b.  The Commissioner of Education or his or her designee
605	chancellor of the Community College System.
606	3.c.  The director of the Division of Licensing of the
607	Department of Agriculture and Consumer Services.
608	4.d.  The administrator of the Florida Seaport
609	Transportation and Economic Development Council.
610	5.e.  Two seaport security directors from seaports
611	designated under s. 311.09.
612	6.f.  One director of a state law enforcement academy.
613	7.g.  One representative of a local law enforcement agency.
614	8.h.  Two representatives of contract security services.
615	9.i.  One representative of the Division of Driver Licenses
616	of the Department of Highway Safety and Motor Vehicles.
617	(b)2.  In addition to the members designated in paragraph
618	(a) subparagraph 1., the executive director may invite a
619	representative of the United States Coast Guard to attend and
620	participate in council meetings as an ex officio, nonvoting
621	member of the council.
622	(c)  Council members designated under subparagraphs (a)1.-
623	4. in sub-subparagraphs (b)1.a.-d. shall serve for the duration
624	of their employment or appointment. Council members designated
625	under subparagraphs (b)5.-9. sub-subparagraphs (b)1.e.-i. shall
626	be appointed for serve 4-year terms, except that the initial
627	appointment for the representative of a local law enforcement
628	agency, one representative of a contract security agency, and
629	one seaport security director from a seaport designated in s.
630	311.09 shall serve for terms of 2 years.
631	(d)  The Commissioner of Education or his or her designee
632	chancellor of the Community College System shall serve as chair
633	of the council.
634	(e)  The council shall meet upon the call of the chair, and
635	at least once a year to update or modify curriculum
636	recommendations.
637	(f)  Council members shall serve without pay; however, per
638	diem and travel allowances may be claimed for attendance of
639	officially called meetings as provided by s. 112.061.
640	(g)  By December 1, 2006, The council shall identify the
641	qualifications, training, and standards for seaport security
642	officer certification and recommend a curriculum for the seaport
643	security officer training program that includes at least shall
644	include no less than 218 hours of initial certification training
645	and that conforms to or exceeds model courses approved by the
646	Federal Maritime Act under s. 109 of the federal Maritime
647	Transportation Security Act of 2002 for facility personnel with
648	specific security duties.
649	1.(h)  The council may recommend training equivalencies
650	that may be substituted for portions of the required training.
651	2.(i)  The council shall recommend a continuing education
652	curriculum of at least no less than 8 hours of additional
653	training for each annual licensing period.
654	Section 5.  Section 311.123, Florida Statutes, is amended
655	to read:
656	311.123  Maritime domain security awareness training
657	program.--
658	(1)  The Florida Seaport Transportation and Economic
659	Development Council, in conjunction with the Department of Law
660	Enforcement and the Office of Drug Control within the Executive
661	Office of the Governor, shall create a maritime domain security
662	awareness training program to instruct all personnel employed
663	within a seaport's boundaries about the security procedures
664	required of them for implementation of the seaport security plan
665	required under s. 311.12(3).
666	(2)  The training program curriculum must include security
667	training required pursuant to 33 C.F.R. part 105 and must be
668	designed to enable the seaports in this state to meet the
669	training, drill, and exercise requirements of 33 C.F.R. part 105
670	and individual seaport security plans and to otherwise comply
671	with the requirements of s. 311.12 relating to security
672	awareness.
673	Section 6.  Subsection (1) of section 311.124, Florida
674	Statutes, is amended to read:
675	311.124  Trespassing; detention by a certified seaport
676	security officer.--
677	(1)  Any Class D or Class G seaport security officer
678	certified under the federal Maritime Transportation Security Act
679	of 2002 guidelines and s. 311.121 or any employee of the seaport
680	security force certified under the federal Maritime
681	Transportation Security Act of 2002 guidelines and s. 311.121
682	who has probable cause to believe that a person is trespassing
683	pursuant to the provisions of s. 810.08 or s. 810.09 or this
684	chapter in a designated secure or restricted area pursuant to s.
685	311.12(4) 311.111 is authorized to detain such person in a
686	reasonable manner for a reasonable period of time pending the
687	arrival of a law enforcement officer, and such action does shall
688	not render the security officer criminally or civilly liable for
689	false arrest, false imprisonment, or unlawful detention.
690	Section 7.  Section 311.13, Florida Statutes, is amended to
691	read:
692	311.13  Certain information exempt from
693	disclosure.--Seaport security plans of a seaport authority
694	created pursuant to s. 311.12 by act of the Legislature or of a
695	seaport department of a county or municipality that operates an
696	international seaport are exempt from s. 119.07(1) and s. 24(a),
697	Art. I of the State Constitution. In addition, photographs,
698	maps, blueprints, drawings, and similar materials that depict
699	critical seaport operating facilities are exempt from s.
700	119.07(1) and s. 24(a), Art. I of the State Constitution, to the
701	extent that a seaport authority created by act of the
702	Legislature or a seaport department of a county or municipality
703	that operates a seaport reasonably determines that such items
704	contain information that is not generally known and that could
705	jeopardize the security of the seaport; however, information
706	relating to real estate leases, layout plans, blueprints, or
707	information relevant thereto, is not to be included in this
708	exemption. The exemptions in this section are applicable only to
709	records held by a seaport authority created by act of the
710	Legislature or to records of a county or municipal seaport
711	department that operates a seaport.
712	Section 8.  Paragraph (a) of subsection (4) of section
713	943.0585, Florida Statutes, is amended to read:
714	943.0585  Court-ordered expunction of criminal history
715	records.--The courts of this state have jurisdiction over their
716	own procedures, including the maintenance, expunction, and
717	correction of judicial records containing criminal history
718	information to the extent such procedures are not inconsistent
719	with the conditions, responsibilities, and duties established by
720	this section. Any court of competent jurisdiction may order a
721	criminal justice agency to expunge the criminal history record
722	of a minor or an adult who complies with the requirements of
723	this section. The court shall not order a criminal justice
724	agency to expunge a criminal history record until the person
725	seeking to expunge a criminal history record has applied for and
726	received a certificate of eligibility for expunction pursuant to
727	subsection (2). A criminal history record that relates to a
728	violation of s. 393.135, s. 394.4593, s. 787.025, chapter 794,
729	s. 796.03, s. 800.04, s. 810.14, s. 817.034, s. 825.1025, s.
730	827.071, chapter 839, s. 847.0133, s. 847.0135, s. 847.0145, s.
731	893.135, s. 916.1075, a violation enumerated in s. 907.041, or
732	any violation specified as a predicate offense for registration
733	as a sexual predator pursuant to s. 775.21, without regard to
734	whether that offense alone is sufficient to require such
735	registration, or for registration as a sexual offender pursuant
736	to s. 943.0435, may not be expunged, without regard to whether
737	adjudication was withheld, if the defendant was found guilty of
738	or pled guilty or nolo contendere to the offense, or if the
739	defendant, as a minor, was found to have committed, or pled
740	guilty or nolo contendere to committing, the offense as a
741	delinquent act. The court may only order expunction of a
742	criminal history record pertaining to one arrest or one incident
743	of alleged criminal activity, except as provided in this
744	section. The court may, at its sole discretion, order the
745	expunction of a criminal history record pertaining to more than
746	one arrest if the additional arrests directly relate to the
747	original arrest. If the court intends to order the expunction of
748	records pertaining to such additional arrests, such intent must
749	be specified in the order. A criminal justice agency may not
750	expunge any record pertaining to such additional arrests if the
751	order to expunge does not articulate the intention of the court
752	to expunge a record pertaining to more than one arrest. This
753	section does not prevent the court from ordering the expunction
754	of only a portion of a criminal history record pertaining to one
755	arrest or one incident of alleged criminal activity.
756	Notwithstanding any law to the contrary, a criminal justice
757	agency may comply with laws, court orders, and official requests
758	of other jurisdictions relating to expunction, correction, or
759	confidential handling of criminal history records or information
760	derived therefrom. This section does not confer any right to the
761	expunction of any criminal history record, and any request for
762	expunction of a criminal history record may be denied at the
763	sole discretion of the court.
764	(4)  EFFECT OF CRIMINAL HISTORY RECORD EXPUNCTION.--Any
765	criminal history record of a minor or an adult which is ordered
766	expunged by a court of competent jurisdiction pursuant to this
767	section must be physically destroyed or obliterated by any
768	criminal justice agency having custody of such record; except
769	that any criminal history record in the custody of the
770	department must be retained in all cases. A criminal history
771	record ordered expunged that is retained by the department is
772	confidential and exempt from the provisions of s. 119.07(1) and
773	s. 24(a), Art. I of the State Constitution and not available to
774	any person or entity except upon order of a court of competent
775	jurisdiction. A criminal justice agency may retain a notation
776	indicating compliance with an order to expunge.
777	(a)  The person who is the subject of a criminal history
778	record that is expunged under this section or under other
779	provisions of law, including former s. 893.14, former s. 901.33,
780	and former s. 943.058, may lawfully deny or fail to acknowledge
781	the arrests covered by the expunged record, except when the
782	subject of the record:
783	1.  Is a candidate for employment with a criminal justice
784	agency;
785	2.  Is a defendant in a criminal prosecution;
786	3.  Concurrently or subsequently petitions for relief under
787	this section or s. 943.059;
788	4.  Is a candidate for admission to The Florida Bar;
789	5.  Is seeking to be employed or licensed by or to contract
790	with the Department of Children and Family Services, the Agency
791	for Health Care Administration, the Agency for Persons with
792	Disabilities, or the Department of Juvenile Justice or to be
793	employed or used by such contractor or licensee in a sensitive
794	position having direct contact with children, the
795	developmentally disabled, the aged, or the elderly as provided
796	in s. 110.1127(3), s. 393.063, s. 394.4572(1), s. 397.451, s.
797	402.302(3), s. 402.313(3), s. 409.175(2)(i), s. 415.102(4),
798	chapter 916, s. 985.644, chapter 400, or chapter 429;
799	6.  Is seeking to be employed or licensed by the Department
800	of Education, any district school board, any university
801	laboratory school, any charter school, any private or parochial
802	school, or any local governmental entity that licenses child
803	care facilities; or
804	7.  Is seeking authorization from a Florida seaport listed
805	identified in s. 311.09 for employment within or access to one
806	or more of such seaports pursuant to s. 311.12 or s. 311.125.
807	Section 9.  Paragraph (a) of subsection (4) of section
808	943.059, Florida Statutes, is amended to read:
809	943.059  Court-ordered sealing of criminal history
810	records.--The courts of this state shall continue to have
811	jurisdiction over their own procedures, including the
812	maintenance, sealing, and correction of judicial records
813	containing criminal history information to the extent such
814	procedures are not inconsistent with the conditions,
815	responsibilities, and duties established by this section. Any
816	court of competent jurisdiction may order a criminal justice
817	agency to seal the criminal history record of a minor or an
818	adult who complies with the requirements of this section. The
819	court shall not order a criminal justice agency to seal a
820	criminal history record until the person seeking to seal a
821	criminal history record has applied for and received a
822	certificate of eligibility for sealing pursuant to subsection
823	(2). A criminal history record that relates to a violation of s.
824	393.135, s. 394.4593, s. 787.025, chapter 794, s. 796.03, s.
825	800.04, s. 810.14, s. 817.034, s. 825.1025, s. 827.071, chapter
826	839, s. 847.0133, s. 847.0135, s. 847.0145, s. 893.135, s.
827	916.1075, a violation enumerated in s. 907.041, or any violation
828	specified as a predicate offense for registration as a sexual
829	predator pursuant to s. 775.21, without regard to whether that
830	offense alone is sufficient to require such registration, or for
831	registration as a sexual offender pursuant to s. 943.0435, may
832	not be sealed, without regard to whether adjudication was
833	withheld, if the defendant was found guilty of or pled guilty or
834	nolo contendere to the offense, or if the defendant, as a minor,
835	was found to have committed or pled guilty or nolo contendere to
836	committing the offense as a delinquent act. The court may only
837	order sealing of a criminal history record pertaining to one
838	arrest or one incident of alleged criminal activity, except as
839	provided in this section. The court may, at its sole discretion,
840	order the sealing of a criminal history record pertaining to
841	more than one arrest if the additional arrests directly relate
842	to the original arrest. If the court intends to order the
843	sealing of records pertaining to such additional arrests, such
844	intent must be specified in the order. A criminal justice agency
845	may not seal any record pertaining to such additional arrests if
846	the order to seal does not articulate the intention of the court
847	to seal records pertaining to more than one arrest. This section
848	does not prevent the court from ordering the sealing of only a
849	portion of a criminal history record pertaining to one arrest or
850	one incident of alleged criminal activity. Notwithstanding any
851	law to the contrary, a criminal justice agency may comply with
852	laws, court orders, and official requests of other jurisdictions
853	relating to sealing, correction, or confidential handling of
854	criminal history records or information derived therefrom. This
855	section does not confer any right to the sealing of any criminal
856	history record, and any request for sealing a criminal history
857	record may be denied at the sole discretion of the court.
858	(4)  EFFECT OF CRIMINAL HISTORY RECORD SEALING.--A criminal
859	history record of a minor or an adult which is ordered sealed by
860	a court of competent jurisdiction pursuant to this section is
861	confidential and exempt from the provisions of s. 119.07(1) and
862	s. 24(a), Art. I of the State Constitution and is available only
863	to the person who is the subject of the record, to the subject's
864	attorney, to criminal justice agencies for their respective
865	criminal justice purposes, which include conducting a criminal
866	history background check for approval of firearms purchases or
867	transfers as authorized by state or federal law, to judges in
868	the state courts system for the purpose of assisting them in
869	their case-related decisionmaking responsibilities, as set forth
870	in s. 943.053(5), or to those entities set forth in
871	subparagraphs (a)1., 4., 5., 6., and 8. for their respective
872	licensing, access authorization, and employment purposes.
873	(a)  The subject of a criminal history record sealed under
874	this section or under other provisions of law, including former
875	s. 893.14, former s. 901.33, and former s. 943.058, may lawfully
876	deny or fail to acknowledge the arrests covered by the sealed
877	record, except when the subject of the record:
878	1.  Is a candidate for employment with a criminal justice
879	agency;
880	2.  Is a defendant in a criminal prosecution;
881	3.  Concurrently or subsequently petitions for relief under
882	this section or s. 943.0585;
883	4.  Is a candidate for admission to The Florida Bar;
884	5.  Is seeking to be employed or licensed by or to contract
885	with the Department of Children and Family Services, the Agency
886	for Health Care Administration, the Agency for Persons with
887	Disabilities, or the Department of Juvenile Justice or to be
888	employed or used by such contractor or licensee in a sensitive
889	position having direct contact with children, the
890	developmentally disabled, the aged, or the elderly as provided
891	in s. 110.1127(3), s. 393.063, s. 394.4572(1), s. 397.451, s.
892	402.302(3), s. 402.313(3), s. 409.175(2)(i), s. 415.102(4), s.
893	415.103, chapter 916, s. 985.644, chapter 400, or chapter 429;
894	6.  Is seeking to be employed or licensed by the Department
895	of Education, any district school board, any university
896	laboratory school, any charter school, any private or parochial
897	school, or any local governmental entity that licenses child
898	care facilities;
899	7.  Is attempting to purchase a firearm from a licensed
900	importer, licensed manufacturer, or licensed dealer and is
901	subject to a criminal history background check under state or
902	federal law; or
903	8.  Is seeking authorization from a Florida seaport
904	identified in s. 311.09 for employment within or access to one
905	or more of such seaports pursuant to s. 311.12 or s. 311.125.
906	Section 10.  The Office of Drug Control shall commission an
907	update of the Florida Seaport Security Assessment 2000
908	referenced in s. 311.12(1)(a), Florida Statutes, as amended by
909	this act. The office shall consult with the Seaport Security
910	Standards Advisory Council in forming the parameters of the
911	update. The updated assessment shall be presented to the
912	President of the Senate and the Speaker of the House of
913	Representatives for review by January 1, 2010. Pursuant to s.
914	311.13, Florida Statutes, any records included in the assessment
915	which are exempt from s. 119.07(1), Florida Statutes, are exempt
916	from disclosure.
917	Section 11.  The Department of Law Enforcement may create a
918	pilot project of at least three seaports to perform the tasks
919	required in s. 311.12(6) and (7), Florida Statutes, as amended
920	by this act. Equipment purchased by the state to implement the
921	former Florida Uniform Port Access Credential System is
922	transferred from the Department of Highway Safety and Motor
923	Vehicles to the Department of Law Enforcement for use in the
924	pilot project and to assist other seaports with compliance.
925	Section 12.  This act shall take effect July 1, 2009.

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