CS/CS/HB 283

1	A bill to be entitled
2	An act relating to seaports; amending s. 311.12, F.S.;
3	deleting provisions relating to statewide minimum
4	standards for seaport security; deleting provisions
5	authorizing the Department of Law Enforcement to exempt
6	all or part of a seaport from specified requirements in
7	certain circumstances; revising provisions relating to
8	seaport security plans; revising requirements for certain
9	secure or restricted areas; revising provisions relating
10	to when a part of a seaport property may temporarily be
11	designated as a secure or restricted area; deleting
12	provisions requiring that the Department of Law
13	Enforcement administer a statewide seaport access
14	eligibility reporting system; deleting provisions
15	requiring that persons seeking authorization to access
16	secure and restricted areas of a seaport execute an
17	affidavit; prohibiting a seaport from charging any fee for
18	administration or production of access control credentials
19	that require or are associated with a fingerprint-based
20	background check, in addition to the fee for the federal
21	TWIC; providing exceptions; providing for issuance of
22	seaport-specific access credentials; deleting provisions
23	requiring fingerprint-based state criminal history checks
24	on seaport employee applicants, current employees, and
25	other authorized persons; deleting provisions authorizing
26	waivers from security requirements in certain
27	circumstances; revising provisions relating to
28	inspections; revising reporting requirements; revising the
29	parties that determine the allocation of appropriated
30	funds for security project needs; amending ss. 311.121,
31	311.123, and 311.124, F.S.; conforming provisions to
32	changes made by the act; repealing s. 311.115, F.S.,
33	relating to the Seaport Security Standards Advisory
34	Council; amending s. 310.002, F.S.; redefining the term
35	"port" for specified provisions to include Port Citrus;
36	amending s. 311.09, F.S.; including a representative of
37	Port Citrus as a member of the Florida Seaport
38	Transportation and Economic Development Council; amending
39	s. 374.976, F.S.; including Port Citrus in provisions
40	relating to the authority of inland navigation districts;
41	amending s. 403.021, F.S.; including Port Citrus in
42	legislative declarations relating to environmental
43	control; amending s. 403.061, F.S.; including Port Citrus
44	in provisions relating to powers of the Department of
45	Environmental Protection; amending s. 403.813, F.S.;
46	including Port Citrus in provisions relating to permits
47	issued at Department of Environmental Protection district
48	centers; amending s. 403.816, F.S.; including Port Citrus
49	in provisions relating to certain maintenance projects at
50	deepwater ports and beach restoration projects; providing
51	an effective date.
52
53	Be It Enacted by the Legislature of the State of Florida:
54
55	Section 1.  Section 311.12, Florida Statutes, is amended to
56	read:
57	311.12  Seaport security.-
58	(1)  SECURITY STANDARDS.-
59	(a)  The statewide minimum standards for seaport security
60	applicable to seaports listed in s. 311.09 shall be those based
61	on the Florida Seaport Security Assessment 2000 and set forth in
62	the Port Security Standards Compliance Plan delivered to the
63	Speaker of the House of Representatives and the President of the
64	Senate on December 11, 2000. The Office of Drug Control within
65	the Executive Office of the Governor shall maintain a sufficient
66	number of copies of the standards at its offices for
67	distribution to the public and provide copies to each affected
68	seaport upon request.
69	(a)(b)  A seaport may implement security measures that are
70	more stringent, more extensive, or supplemental to the
71	applicable federal security regulations, including federal
72	facility security assessment requirements under 33 C.F.R. s.
73	105.305 minimum security standards established by this
74	subsection.
75	(b)(c)  The provisions of s. 790.251 are not superseded,
76	preempted, or otherwise modified in any way by the provisions of
77	this section.
78	(2)  EXEMPTION.-The Department of Law Enforcement may
79	exempt all or part of a seaport listed in s. 311.09 from the
80	requirements of this section if the department determines that
81	activity associated with the use of the seaport or part of the
82	seaport is not vulnerable to criminal activity or terrorism. The
83	department shall periodically review such exemptions to
84	determine if there is a change in use. Such change may warrant
85	removal of all or part of the exemption.
86	(2)(3)  SECURITY PLAN.-
87	(a)  Each seaport listed in s. 311.09 shall adopt and
88	maintain a security plan specific to that seaport which provides
89	for a secure seaport infrastructure that promotes the safety and
90	security of state residents and visitors and the flow of
91	legitimate trade and travel.
92	(b)(a)  Each seaport Every 5 years after January 1, 2007,
93	each seaport director, with the assistance of the Regional
94	Domestic Security Task Force and in conjunction with the United
95	States Coast Guard, shall periodically revise the seaport's
96	security plan based on the seaport's director's ongoing
97	assessment of security risks, the risks of terrorist activities,
98	and the specific and identifiable needs of the seaport for
99	ensuring that the seaport is in substantial compliance with
100	applicable federal security regulations, including federal
101	facility security assessment requirements under 33 C.F.R. s.
102	105.305 the minimum security standards established under
103	subsection (1).
104	(b)  Each adopted or revised security plan must be reviewed
105	and approved by the Office of Drug Control and the Department of
106	Law Enforcement for compliance with federal facility security
107	assessment requirements under 33 C.F.R. s. 105.305 and the
108	minimum security standards established under subsection (1).
109	Within 30 days after completion, a copy of the written review
110	shall be delivered to the United States Coast Guard, the
111	Regional Domestic Security Task Force, and the Domestic Security
112	Oversight Council.
113	(3)(4)  SECURE AND RESTRICTED AREAS.-Each seaport listed in
114	s. 311.09 must clearly designate in seaport security plans, and
115	clearly identify with appropriate signs and markers on the
116	premises of a seaport, all secure and restricted areas as
117	defined by 33 C.F.R. part 105 the United States Department of
118	Homeland Security-United States Coast Guard Navigation and
119	Vessel Inspection Circular No. 03-07 and 49 C.F.R. part 1572.
120	The plans must also address access eligibility requirements and
121	corresponding security enforcement authorizations.
122	(a)  The seaport's security plan must set forth the
123	conditions and restrictions to be imposed on persons employed
124	at, doing business at, or visiting the seaport who have access
125	to secure and restricted areas which are sufficient to provide
126	substantial compliance with the minimum security standards
127	established in subsection (1) and federal regulations.
128	1.  All seaport employees and other persons working at the
129	seaport who have regular access to secure or restricted areas
130	must comply with federal access control regulations and state
131	criminal history checks as prescribed in this section.
132	2.  All persons and objects in secure and restricted areas
133	are subject to search by a sworn state-certified law enforcement
134	officer, a Class D seaport security officer certified under
135	Maritime Transportation Security Act of 2002 guidelines and s.
136	311.121, or an employee of the seaport security force certified
137	under the Maritime Transportation Security Act of 2002
138	guidelines and s. 311.121.
139	3.  Persons found in these areas without the proper
140	permission are subject to the trespass provisions of ss. 810.08
141	and 810.09.
142	(b)  As determined by the seaport director's most current
143	risk assessment under paragraph (3)(a), any secure or restricted
144	area that has a potential human occupancy of 50 persons or more,
145	any cruise terminal, or any business operation that is adjacent
146	to a public access area must be protected from the most probable
147	and credible terrorist threat to human life.
148	(b)(c)  The seaport must provide clear notice of the
149	prohibition against possession of concealed weapons and other
150	contraband material on the premises of the seaport. Any person
151	in a restricted area who has in his or her possession a
152	concealed weapon, or who operates or has possession or control
153	of a vehicle in or upon which a concealed weapon is placed or
154	stored, commits a misdemeanor of the first degree, punishable as
155	provided in s. 775.082 or s. 775.083. This paragraph does not
156	apply to active-duty certified federal or state law enforcement
157	personnel or persons so designated by the seaport director in
158	writing.
159	(c)(d)  During a period of high terrorist threat level, as
160	designated by the United States Department of Homeland Security
161	or the Department of Law Enforcement, or during an emergency
162	declared at a port by the seaport security director due to
163	events applicable to that particular seaport, the management or
164	controlling authority of the port may temporarily designate any
165	part of the seaport property as a secure or restricted area. The
166	duration of such designation is limited to the period in which
167	the high terrorist threat level is in effect or a port emergency
168	exists.
169	(5)  ACCESS ELIGIBILITY REPORTING SYSTEM.-Subject to
170	legislative appropriations, the Department of Law Enforcement
171	shall administer a statewide seaport access eligibility
172	reporting system.
173	(a)  The system must include, at a minimum, the following:
174	1.  A centralized, secure method of collecting and
175	maintaining fingerprints, other biometric data, or other means
176	of confirming the identity of persons authorized to enter a
177	secure or restricted area of a seaport.
178	2.  A methodology for receiving from and transmitting
179	information to each seaport regarding a person's authority to
180	enter a secure or restricted area of the seaport.
181	3.  A means for receiving prompt notification from a
182	seaport when a person's authorization to enter a secure or
183	restricted area of a seaport has been suspended or revoked.
184	4.  A means to communicate to seaports when a person's
185	authorization to enter a secure or restricted area of a seaport
186	has been suspended or revoked.
187	(b)  Each seaport listed in s. 311.09 is responsible for
188	granting, modifying, restricting, or denying access to secure
189	and restricted areas to seaport employees, other persons working
190	at the seaport, visitors who have business with the seaport, or
191	other persons regularly appearing at the seaport. Based upon the
192	person's criminal history check, each seaport may determine the
193	specific access eligibility to be granted to that person. Each
194	seaport is responsible for access eligibility verification at
195	its location.
196	(c)  Upon determining that a person is eligible to enter a
197	secure or restricted area of a port pursuant to subsections (6)
198	and (7), the seaport shall, within 3 business days, report the
199	determination to the department for inclusion in the system.
200	(d)  All information submitted to the department regarding
201	a person's access eligibility screening may be retained by the
202	department for subsequent use in promoting seaport security,
203	including, but not limited to, the review of the person's
204	criminal history status to ensure that the person has not become
205	disqualified for such access.
206	(e)  The following fees may not be charged by more than one
207	seaport and shall be paid by the seaport, another employing
208	entity, or the person being entered into the system to the
209	department or to the seaport if the seaport is acting as an
210	agent of the department for the purpose of collecting the fees:
211	1.  The cost of the state criminal history check under
212	subsection (7).
213	2.  A $50 fee to cover the initial cost of entering the
214	person into the system and an additional $50 fee every 5 years
215	thereafter to coincide with the issuance of the federal
216	Transportation Worker Identification Credential described in
217	subsection (6). The fee covers all costs for entering or
218	maintaining the person in the system including the retention and
219	use of the person's fingerprint, other biometric data, or other
220	identifying information.
221	3.  The seaport entering the person into the system may
222	charge an administrative fee to cover, but not exceed, the
223	seaport's actual administrative costs for processing the results
224	of the state criminal history check and entering the person into
225	the system.
226	(f)  All fees identified in paragraph (e) must be paid
227	before the person may be granted access to a secure or
228	restricted area. Failure to comply with the criminal history
229	check and failure to pay the fees are grounds for immediate
230	denial of access.
231	(g)  Persons, corporations, or other business entities that
232	employ persons to work or do business at seaports shall notify
233	the seaport of the termination, resignation, work-related
234	incapacitation, or death of an employee who has access
235	permission.
236	1.  If the seaport determines that the person has been
237	employed by another appropriate entity or is self-employed for
238	purposes of performing work at the seaport, the seaport may
239	reinstate the person's access eligibility.
240	2.  A business entity's failure to report a change in an
241	employee's work status within 7 days after the change may result
242	in revocation of the business entity's access to the seaport.
243	(h)  In addition to access permissions granted or denied by
244	seaports, access eligibility may be restricted or revoked by the
245	department if there is a reasonable suspicion that the person is
246	involved in terrorism or criminal violations that could affect
247	the security of a port or otherwise render the person ineligible
248	for seaport access.
249	(i)  Any suspension or revocation of port access must be
250	reported by the seaport to the department within 24 hours after
251	such suspension or revocation.
252	(j)  The submission of information known to be false or
253	misleading to the department for entry into the system is a
254	felony of the third degree, punishable as provided in s.
255	775.082, s. 775.083, or s. 775.084.
256	(4)(6)  ACCESS TO SECURE AND RESTRICTED AREAS.-
257	(a)  Any person seeking authorization for unescorted access
258	to secure and restricted areas of a seaport must possess, unless
259	waived under paragraph (7)(e), a valid federal Transportation
260	Worker Identification Credential (TWIC).
261	(b)  A seaport may not charge a fee for the administration
262	or production of any access control credential that requires or
263	is associated with a fingerprint-based background check, in
264	addition to the fee for the federal TWIC. Beginning July 1,
265	2013, a seaport may not charge a fee for a seaport-specific
266	access credential issued in addition to the federal TWIC, except
267	under the following circumstances:
268	1.  The individual seeking to gain secured access is a new
269	hire as defined under 33 C.F.R. s. 105; or
270	2.  The individual has lost or misplaced his or her federal
271	TWIC. and execute an affidavit under oath which provides TWIC
272	identification information and indicates the following:
273	1.  The TWIC is currently valid and in full force and
274	effect.
275	2.  The TWIC was not received through the waiver process
276	for disqualifying criminal history allowed by federal law.
277	3.  He or she has not, in any jurisdiction, civilian or
278	military, been convicted of, entered a plea of guilty or nolo
279	contendere to, regardless of adjudication, or been found not
280	guilty by reason of insanity, of any disqualifying felony under
281	subsection (7) or any crime that includes the use or possession
282	of a firearm.
283	(b)  Upon submission of a completed affidavit as provided
284	in paragraph (a), the completion of the state criminal history
285	check as provided in subsection (7), and payment of all required
286	fees under subsection (5), a seaport may grant the person access
287	to secure or restricted areas of the port.
288	(c)  Any port granting a person access to secure or
289	restricted areas shall report the grant of access to the
290	Department of Law Enforcement for inclusion in the access
291	eligibility reporting system under subsection (5) within 3
292	business days.
293	(d)  The submission of false information on the affidavit
294	required by this section is a felony of the third degree,
295	punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
296	Upon conviction for a violation of this provision, the person
297	convicted forfeits all privilege of access to secure or
298	restricted areas of a seaport and is disqualified from future
299	approval for access to such areas.
300	(e)  Any affidavit form created for use under this
301	subsection must contain the following statement in conspicuous
302	type: "SUBMISSION OF FALSE INFORMATION ON THIS AFFIDAVIT IS A
303	FELONY UNDER FLORIDA LAW AND WILL, UPON CONVICTION, RESULT IN
304	DISQUALIFICATION FOR ACCESS TO A SECURE OR RESTRICTED AREA OF A
305	SEAPORT."
306	(f)  Upon each 5-year renewal of a person's TWIC, the
307	person must submit another affidavit as required by this
308	subsection.
309	(7)  CRIMINAL HISTORY SCREENING.-A fingerprint-based
310	criminal history check must be performed on employee applicants,
311	current employees, and other persons authorized to regularly
312	enter a secure or restricted area, or the entire seaport if the
313	seaport security plan does not designate one or more secure or
314	restricted areas.
315	(a)  A person is disqualified from employment or unescorted
316	access if the person:
317	1.  Was convicted of, or entered a plea of guilty or nolo
318	contendere to, regardless of adjudication, any of the offenses
319	listed in paragraph (b) in any jurisdiction, civilian or
320	military, including courts-martial conducted by the Armed Forces
321	of the United States, during the 7 years before the date of the
322	person's application for access; or
323	2.  Was released from incarceration, or any supervision
324	imposed as a result of sentencing, for committing any of the
325	disqualifying crimes listed in paragraph (b) in any
326	jurisdiction, civilian or military, during the 5 years before
327	the date of the person's application for access.
328	(b)  Disqualifying offenses include:
329	1.  An act of terrorism as defined in s. 775.30.
330	2.  A violation involving a weapon of mass destruction or a
331	hoax weapon of mass destruction as provided in s. 790.166.
332	3.  Planting of a hoax bomb as provided in s. 790.165.
333	4.  A violation of s. 876.02 or s. 876.36.
334	5.  A violation of s. 860.065.
335	6.  Trafficking as provided in s. 893.135.
336	7.  Racketeering activity as provided in s. 895.03.
337	8.  Dealing in stolen property as provided in s. 812.019.
338	9.  Money laundering as provided in s. 896.101.
339	10.  Criminal use of personal identification as provided in
340	s. 817.568.
341	11.  Bribery as provided in s. 838.015.
342	12.  A violation of s. 316.302, relating to the transport
343	of hazardous materials.
344	13.  A forcible felony as defined in s. 776.08.
345	14.  A violation of s. 790.07.
346	15.  Any crime that includes the use or possession of a
347	firearm.
348	16.  A felony violation for theft as provided in s.
349	812.014.
350	17.  Robbery as provided in s. 812.13.
351	18.  Burglary as provided in s. 810.02.
352	19.  Any violation involving the sale, manufacture,
353	delivery, or possession with intent to sell, manufacture, or
354	deliver a controlled substance.
355	20.  Any offense under the laws of another jurisdiction
356	that is similar to an offense listed in this paragraph.
357	21.  Conspiracy or attempt to commit any of the offenses
358	listed in this paragraph.
359	(c)  Each individual who is subject to a criminal history
360	check shall file a complete set of fingerprints taken in a
361	manner acceptable to the Department of Law Enforcement for state
362	processing. The results of the criminal history check must be
363	reported to the requesting seaport and may be shared among
364	seaports.
365	(d)  All fingerprints submitted to the Department of Law
366	Enforcement shall be retained by the department and entered into
367	the statewide automated fingerprint identification system
368	established in s. 943.05(2)(b) and available for use in
369	accordance with s. 943.05(2)(g) and (h). An arrest record that
370	is identified with the retained fingerprints of a person subject
371	to the screening shall be reported to the seaport where the
372	person has been granted access to a secure or restricted area.
373	If the fingerprints of a person who has been granted access were
374	not retained, or are otherwise not suitable for use by the
375	department, the person must be refingerprinted in a manner that
376	allows the department to perform its functions as provided in
377	this section.
378	(e)  The Department of Law Enforcement shall establish a
379	waiver process for a person who does not have a TWIC, obtained a
380	TWIC though a federal waiver process, or is found to be
381	unqualified under paragraph (a) and denied employment by a
382	seaport or unescorted access to secure or restricted areas. If
383	the person does not have a TWIC and a federal criminal history
384	record check is required, the Department of Law Enforcement may
385	forward the person's fingerprints to the Federal Bureau of
386	Investigation for a national criminal history record check. The
387	cost of the national check must be paid by the seaport, which
388	may collect it as reimbursement from the person.
389	1.  Consideration for a waiver shall be based on the
390	circumstances of any disqualifying act or offense, restitution
391	made by the individual, and other factors from which it may be
392	determined that the individual does not pose a risk of engaging
393	in any act within the public seaports regulated under this
394	chapter that would pose a risk to or threaten the security of
395	the seaport and the public's health, safety, or welfare.
396	2.  The waiver process begins when an individual who has
397	been denied initial employment within or denied unescorted
398	access to secure or restricted areas of a public seaport submits
399	an application for a waiver and a notarized letter or affidavit
400	from the individual's employer or union representative which
401	states the mitigating reasons for initiating the waiver process.
402	3.  Within 90 days after receipt of the application, the
403	administrative staff of the Parole Commission shall conduct a
404	factual review of the waiver application. Findings of fact shall
405	be transmitted to the department for review. The department
406	shall make a copy of those findings available to the applicant
407	before final disposition of the waiver request.
408	4.  The department shall make a final disposition of the
409	waiver request based on the factual findings of the
410	investigation by the Parole Commission. The department shall
411	notify the waiver applicant of the final disposition of the
412	waiver.
413	5.  The review process under this paragraph is exempt from
414	chapter 120.
415	6.  By October 1 of each year, each seaport shall report to
416	the department each instance of denial of employment within, or
417	access to, secure or restricted areas, and each instance waiving
418	a denial occurring during the last 12 months. The report must
419	include the identity of the individual affected, the factors
420	supporting the denial or waiver, and any other material factors
421	used to make the determination.
422	(f)  In addition to the waiver procedure established by the
423	Department of Law Enforcement under paragraph (e), each seaport
424	security plan may establish a procedure to appeal a denial of
425	employment or access based upon procedural inaccuracies or
426	discrepancies regarding criminal history factors established
427	pursuant to this subsection.
428	(g)  Each seaport may allow immediate waivers on a
429	temporary basis to meet special or emergency needs of the
430	seaport or its users. Policies, procedures, and criteria for
431	implementation of this paragraph must be included in the seaport
432	security plan. All waivers granted by the seaports pursuant to
433	this paragraph must be reported to the department within 30 days
434	after issuance.
435	(8)  WAIVER FROM SECURITY REQUIREMENTS.-The Office of Drug
436	Control and the Department of Law Enforcement may modify or
437	waive any physical facility requirement or other requirement
438	contained in the minimum security standards upon a determination
439	that the purposes of the standards have been reasonably met or
440	exceeded by the seaport requesting the modification or waiver.
441	An alternate means of compliance must not diminish the safety or
442	security of the seaport and must be verified through an
443	extensive risk analysis conducted by the seaport director.
444	(a)  Waiver requests shall be submitted in writing, along
445	with supporting documentation, to the Office of Drug Control and
446	the Department of Law Enforcement. The office and the department
447	have 90 days to jointly grant or reject the waiver, in whole or
448	in part.
449	(b)  The seaport may submit any waivers that are not
450	granted or are jointly rejected to the Domestic Security
451	Oversight Council for review within 90 days. The council shall
452	recommend that the Office of Drug Control and the Department of
453	Law Enforcement grant the waiver or reject the waiver, in whole
454	or in part. The office and the department shall give great
455	weight to the council's recommendations.
456	(c)  A request seeking a waiver from the seaport law
457	enforcement personnel standards established under s. 311.122(3)
458	may not be granted for percentages below 10 percent.
459	(d)  Any modifications or waivers granted under this
460	subsection shall be noted in the annual report submitted by the
461	Department of Law Enforcement pursuant to subsection (10).
462	(5)(9)  INSPECTIONS.-It is the intent of the Legislature
463	that the state's seaports adhere to security practices that are
464	consistent with the risks assigned to each seaport through the
465	ongoing risk assessment process established in paragraph
466	(2)(3)(a).
467	(a)  The Department of Law Enforcement, or any entity
468	designated by the department, may shall conduct at least one
469	annual unannounced inspections inspection of each seaport to
470	determine whether the seaport is meeting the requirements under
471	33 C.F.R. s. 105.305 minimum security standards established
472	pursuant to subsection (1) and to identify seaport security
473	changes or improvements needed or otherwise recommended.
474	(b)  The Department of Law Enforcement, or any entity
475	designated by the department, may conduct additional announced
476	or unannounced inspections or operations within or affecting any
477	seaport to test compliance with, or the effectiveness of,
478	security plans and operations at each seaport, to determine
479	compliance with physical facility requirements and standards, or
480	to assist the department in identifying changes or improvements
481	needed to bring a seaport into compliance with minimum security
482	standards.
483	(c)  Within 30 days after completing the inspection report,
484	the department shall submit a copy of the report to the Domestic
485	Security Oversight Council.
486	(d)  A seaport may request that the Domestic Security
487	Oversight Council review the findings in the department's report
488	as they relate to the requirements of this section. The council
489	may review only those findings that are in dispute by the
490	seaport. In reviewing the disputed findings, the council may
491	concur in the findings of the department or the seaport or may
492	recommend corrective action to the seaport. The department and
493	the seaport shall give great weight to the council's findings
494	and recommendations.
495	(e)  All seaports shall allow the Department of Law
496	Enforcement, or an entity designated by the department,
497	unimpeded access to affected areas and facilities for the
498	purpose of plan or compliance inspections or other operations
499	authorized by this section.
500	(6)(10)  REPORTS.-The Department of Law Enforcement, in
501	consultation with the Office of Drug Control, shall annually
502	complete a report indicating the observations and findings of
503	all reviews, inspections, or other operations relating to the
504	seaports conducted during the year and any recommendations
505	resulting from such reviews, inspections, and operations. A copy
506	of the report shall be provided to the Governor, the President
507	of the Senate, the Speaker of the House of Representatives, the
508	governing body of each seaport or seaport authority, and each
509	seaport director. The report must include each director's
510	response indicating what actions, if any, have been taken or are
511	planned to be taken pursuant to the observations, findings, and
512	recommendations reported by the department.
513	(7)(11)  FUNDING.-
514	(a)  In making decisions regarding security projects or
515	other funding applicable to each seaport listed in s. 311.09,
516	the Legislature may consider the Department of Law Enforcement's
517	annual report under subsection (6) (10) as authoritative,
518	especially regarding each seaport's degree of substantial
519	compliance with the minimum security standards established in
520	subsection (1).
521	(b)  The Legislature shall regularly review the ongoing
522	costs of operational security on seaports, the impacts of this
523	section on those costs, mitigating factors that may reduce costs
524	without reducing security, and the methods by which seaports may
525	implement operational security using a combination of sworn law
526	enforcement officers and private security services.
527	(c)  Subject to the provisions of this chapter and
528	appropriations made for seaport security, state funds may not be
529	expended for security costs without certification of need for
530	such expenditures by the Office of Ports Administrator within
531	the Department of Law Enforcement.
532	(d)  If funds are appropriated for seaport security, the
533	Office of Drug Control, the Department of Law Enforcement, and
534	the Florida Seaport Transportation and Economic Development
535	Council shall mutually determine the allocation of such funds
536	for security project needs identified in the approved seaport
537	security plans. Any seaport that receives state funds for
538	security projects must enter into a joint participation
539	agreement with the appropriate state entity and use the seaport
540	security plan as the basis for the agreement.
541	1.  If funds are made available over more than 1 fiscal
542	year, the agreement must reflect the entire scope of the project
543	approved in the security plan and, as practicable, allow for
544	reimbursement for authorized projects over more than 1 year.
545	2.  The agreement may include specific timeframes for
546	completion of a security project and the applicable funding
547	reimbursement dates. The agreement may also require a
548	contractual penalty of up to $1,000 per day to be imposed for
549	failure to meet project completion dates if state funding is
550	available. Any such penalty shall be deposited into the State
551	Transportation Trust Fund and used for seaport security
552	operations and capital improvements.
553	Section 2.  Subsection (2) of section 311.121, Florida
554	Statutes, is amended to read:
555	311.121  Qualifications, training, and certification of
556	licensed security officers at Florida seaports.-
557	(2)  The authority or governing board of each seaport
558	identified under s. 311.09 that is subject to the statewide
559	minimum seaport security standards referenced established in s.
560	311.12 shall require that a candidate for certification as a
561	seaport security officer:
562	(a)  Has received a Class D license as a security officer
563	under chapter 493.
564	(b)  Has successfully completed the certified training
565	curriculum for a Class D license or has been determined by the
566	Department of Agriculture and Consumer Services to have
567	equivalent experience as established by rule of the department.
568	(c)  Has completed the training or training equivalency and
569	testing process established by this section for becoming a
570	certified seaport security officer.
571	Section 3.  Subsection (1) of section 311.123, Florida
572	Statutes, is amended to read:
573	311.123  Maritime domain security awareness training
574	program.-
575	(1)  The Florida Seaport Transportation and Economic
576	Development Council, in conjunction with the Department of Law
577	Enforcement and the Office of Drug Control within the Executive
578	Office of the Governor, shall create a maritime domain security
579	awareness training program to instruct all personnel employed
580	within a seaport's boundaries about the security procedures
581	required of them for implementation of the seaport security plan
582	required under s. 311.12(2)(3).
583	Section 4.  Subsection (1) of section 311.124, Florida
584	Statutes, is amended to read:
585	311.124  Trespassing; detention by a certified seaport
586	security officer.-
587	(1)  Any Class D or Class G seaport security officer
588	certified under the federal Maritime Transportation Security Act
589	of 2002 guidelines and s. 311.121 or any employee of the seaport
590	security force certified under the federal Maritime
591	Transportation Security Act of 2002 guidelines and s. 311.121
592	who has probable cause to believe that a person is trespassing
593	pursuant to s. 810.08 or s. 810.09 or this chapter in a
594	designated secure or restricted area pursuant to s. 311.12(3)(4)
595	is authorized to detain such person in a reasonable manner for a
596	reasonable period of time pending the arrival of a law
597	enforcement officer, and such action does not render the
598	security officer criminally or civilly liable for false arrest,
599	false imprisonment, or unlawful detention.
600	Section 5.  Section 311.115, Florida Statutes, is repealed.
601	Section 6.  Subsection (4) of section 310.002, Florida
602	Statutes, is amended to read:
603	310.002  Definitions.-As used in this chapter, except where
604	the context clearly indicates otherwise:
605	(4)  "Port" means any place in the state into which vessels
606	enter or depart and includes, without limitation, Fernandina,
607	Nassau Inlet, Jacksonville, St. Augustine, Canaveral, Port
608	Citrus, Ft. Pierce, Palm Beach, Port Everglades, Miami, Key
609	West, Boca Grande, Charlotte Harbor, Punta Gorda, Tampa, Port
610	Tampa, Port Manatee, St. Petersburg, Clearwater, Apalachicola,
611	Carrabelle, Panama City, Port St. Joe, and Pensacola.
612	Section 7.  Subsection (1) of section 311.09, Florida
613	Statutes, is amended to read:
614	311.09  Florida Seaport Transportation and Economic
615	Development Council.-
616	(1)  The Florida Seaport Transportation and Economic
617	Development Council is created within the Department of
618	Transportation. The council consists of the following 18 17
619	members: the port director, or the port director's designee, of
620	each of the ports of Jacksonville, Port Canaveral, Port Citrus,
621	Fort Pierce, Palm Beach, Port Everglades, Miami, Port Manatee,
622	St. Petersburg, Tampa, Port St. Joe, Panama City, Pensacola, Key
623	West, and Fernandina; the secretary of the Department of
624	Transportation or his or her designee; the director of the
625	Office of Tourism, Trade, and Economic Development or his or her
626	designee; and the secretary of the Department of Community
627	Affairs or his or her designee.
628	Section 8.  Paragraph (c) of subsection (1) of section
629	374.976, Florida Statutes, is amended to read:
630	374.976  Authority to address impacts of waterway
631	development projects.-
632	(1)  Each inland navigation district is empowered and
633	authorized to undertake programs intended to alleviate the
634	problems associated with its waterway or waterways, including,
635	but not limited to, the following:
636	(c)  The district is authorized to aid and cooperate with
637	the Federal Government; state; member counties; nonmember
638	counties that contain any part of the intracoastal waterway
639	within their boundaries; navigation districts; the seaports of
640	Jacksonville, Port Canaveral, Port Citrus, Fort Pierce, Palm
641	Beach, Port Everglades, Miami, Port Manatee, St. Petersburg,
642	Tampa, Port St. Joe, Panama City, Pensacola, Key West, and
643	Fernandina; and local governments within the district in
644	planning and carrying out public navigation, local and regional
645	anchorage management, beach renourishment, public recreation,
646	inlet management, environmental education, and boating safety
647	projects, directly related to the waterways. The district is
648	also authorized to enter into cooperative agreements with the
649	United States Army Corps of Engineers, state, and member
650	counties, and to covenant in any such cooperative agreement to
651	pay part of the costs of acquisition, planning, development,
652	construction, reconstruction, extension, improvement, operation,
653	and maintenance of such projects.
654	Section 9.  Paragraph (b) of subsection (9) of section
655	403.021, Florida Statutes, is amended to read:
656	403.021  Legislative declaration; public policy.-
657	(9)
658	(b)  The provisions of paragraph (a) apply only to the port
659	waters, dredged-material management sites, port harbors,
660	navigation channels, turning basins, and harbor berths used for
661	deepwater commercial navigation in the ports of Jacksonville,
662	Tampa, Port Everglades, Miami, Port Canaveral, Port Citrus, Ft.
663	Pierce, Palm Beach, Port Manatee, Port St. Joe, Panama City, St.
664	Petersburg, Pensacola, Fernandina, and Key West.
665	Section 10.  Paragraph (b) of subsection (26) of section
666	403.061, Florida Statutes, is amended to read:
667	403.061  Department; powers and duties.-The department
668	shall have the power and the duty to control and prohibit
669	pollution of air and water in accordance with the law and rules
670	adopted and promulgated by it and, for this purpose, to:
671	(26)
672	(b)  The provisions of paragraph (a) apply only to the port
673	waters, spoil disposal sites, port harbors, navigation channels,
674	turning basins, and harbor berths used for deepwater commercial
675	navigation in the ports of Jacksonville, Tampa, Port Everglades,
676	Miami, Port Canaveral, Port Citrus, Ft. Pierce, Palm Beach, Port
677	Manatee, Port St. Joe, Panama City, St. Petersburg, Port Bartow,
678	Florida Power Corporation's Crystal River Canal, Boca Grande,
679	Green Cove Springs, and Pensacola.
680
681	The department shall implement such programs in conjunction with
682	its other powers and duties and shall place special emphasis on
683	reducing and eliminating contamination that presents a threat to
684	humans, animals or plants, or to the environment.
685	Section 11.  Subsection (3) of section 403.813, Florida
686	Statutes, is amended to read:
687	403.813  Permits issued at district centers; exceptions.-
688	(3)  For maintenance dredging conducted under this section
689	by the seaports of Jacksonville, Port Canaveral, Port Citrus,
690	Fort Pierce, Palm Beach, Port Everglades, Miami, Port Manatee,
691	St. Petersburg, Tampa, Port St. Joe, Panama City, Pensacola, Key
692	West, and Fernandina or by inland navigation districts:
693	(a)  A mixing zone for turbidity is granted within a 150-
694	meter radius from the point of dredging while dredging is
695	ongoing, except that the mixing zone may not extend into areas
696	supporting wetland communities, submerged aquatic vegetation, or
697	hardbottom communities.
698	(b)  The discharge of the return water from the site used
699	for the disposal of dredged material shall be allowed only if
700	such discharge does not result in a violation of water quality
701	standards in the receiving waters. The return-water discharge
702	into receiving waters shall be granted a mixing zone for
703	turbidity within a 150-meter radius from the point of discharge
704	during and immediately after the dredging, except that the
705	mixing zone may not extend into areas supporting wetland
706	communities, submerged aquatic vegetation, or hardbottom
707	communities.
708	(c)  The state may not exact a charge for material that
709	this subsection allows a public port or an inland navigation
710	district to remove.
711	(d)  The use of flocculants at the site used for disposal
712	of the dredged material is allowed if the use, including
713	supporting documentation, is coordinated in advance with the
714	department and the department has determined that the use is not
715	harmful to water resources.
716	(e)  This subsection does not prohibit maintenance dredging
717	of areas where the loss of original design function and
718	constructed configuration has been caused by a storm event,
719	provided that the dredging is performed as soon as practical
720	after the storm event. Maintenance dredging that commences
721	within 3 years after the storm event shall be presumed to
722	satisfy this provision. If more than 3 years are needed to
723	commence the maintenance dredging after the storm event, a
724	request for a specific time extension to perform the maintenance
725	dredging shall be submitted to the department, prior to the end
726	of the 3-year period, accompanied by a statement, including
727	supporting documentation, demonstrating that contractors are not
728	available or that additional time is needed to obtain
729	authorization for the maintenance dredging from the United
730	States Army Corps of Engineers.
731	Section 12.  Subsection (3) of section 403.816, Florida
732	Statutes, is amended to read:
733	403.816  Permits for maintenance dredging of deepwater
734	ports and beach restoration projects.-
735	(3)  The provisions of this section relating to ports apply
736	only to the port waters, spoil disposal sites, port harbors,
737	navigation channels, turning basins, and harbor berths used for
738	deepwater commercial navigation in the ports of Jacksonville,
739	Tampa, Port Everglades, Miami, Port Canaveral, Port Citrus, Ft.
740	Pierce, Palm Beach, Port Manatee, Port St. Joe, Panama City, St.
741	Petersburg, Port Bartow, Florida Power Corporation's Crystal
742	River Canal, Boca Grande, Green Cove Springs, and Pensacola.
743	Section 13.  This act shall take effect upon becoming a
744	law.

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