The Florida Senate

311.07  Florida seaport transportation and economic development funding.

311.09  Florida Seaport Transportation and Economic Development Council.

311.105  Florida Seaport Environmental Management Committee; permitting; mitigation.

311.11  Seaport Employment Training Grant Program.

311.111  Security area designations; access requirements; authority.

311.12  Seaport security standards; inspections; compliance; appeals.

311.121  Qualifications, training, and certification of licensed security officers at Florida seaports.

311.122  Seaport law enforcement agency; authorization; requirements; powers; training.

311.123  Maritime domain security awareness training program.

311.124  Trespassing; detention by a certified seaport security officer.

311.125  Uniform Port Access Credential System.

311.13  Certain information exempt from disclosure.

311.14  Seaport freight-mobility planning.

311.22  Additional authorization for funding certain dredging projects.

311.07  Florida seaport transportation and economic development funding.--

(1)  There is created the Florida Seaport Transportation and Economic Development Program within the Department of Transportation to finance port transportation or port facilities projects that will improve the movement and intermodal transportation of cargo or passengers in commerce and trade and that will support the interests, purposes, and requirements of ports located in this state.

(2)  A minimum of $8 million per year shall be made available from the State Transportation Trust Fund to fund the Florida Seaport Transportation and Economic Development Program.

(3)(a)  Program funds shall be used to fund approved projects on a 50-50 matching basis with any of the deepwater ports, as listed in s. 403.021(9)(b), which is governed by a public body or any other deepwater port which is governed by a public body and which complies with the water quality provisions of s. 403.061, the comprehensive master plan requirements of s. 163.3178(2)(k), and the local financial management and reporting provisions of part III of chapter 218. Program funds also may be used by the Seaport Transportation and Economic Development Council to develop with the Florida Trade Data Center such trade data information products which will assist Florida's seaports and international trade.

(b)  Projects eligible for funding by grants under the program are limited to the following port facilities or port transportation projects:

1.  Transportation facilities within the jurisdiction of the port.

2.  The dredging or deepening of channels, turning basins, or harbors.

3.  The construction or rehabilitation of wharves, docks, structures, jetties, piers, storage facilities, cruise terminals, automated people mover systems, or any facilities necessary or useful in connection with any of the foregoing.

4.  The acquisition of vessel tracking systems, container cranes, or other mechanized equipment used in the movement of cargo or passengers in international commerce.

5.  The acquisition of land to be used for port purposes.

6.  The acquisition, improvement, enlargement, or extension of existing port facilities.

7.  Environmental protection projects which are necessary because of requirements imposed by a state agency as a condition of a permit or other form of state approval; which are necessary for environmental mitigation required as a condition of a state, federal, or local environmental permit; which are necessary for the acquisition of spoil disposal sites and improvements to existing and future spoil sites; or which result from the funding of eligible projects listed in this paragraph.

8.  Transportation facilities as defined in s. 334.03(31) which are not otherwise part of the Department of Transportation's adopted work program.

9.  Seaport intermodal access projects identified in the 5-year Florida Seaport Mission Plan as provided in s. 311.09(3).

10.  Construction or rehabilitation of port facilities as defined in s. 315.02, excluding any park or recreational facilities, in ports listed in s. 311.09(1) with operating revenues of $5 million or less, provided that such projects create economic development opportunities, capital improvements, and positive financial returns to such ports.

(c)  To be eligible for consideration by the council pursuant to this section, a project must be consistent with the port comprehensive master plan which is incorporated as part of the approved local government comprehensive plan as required by s. 163.3178(2)(k) or other provisions of the Local Government Comprehensive Planning and Land Development Regulation Act, part II of chapter 163.

(4)  A port eligible for matching funds under the program may receive a distribution of not more than $7 million during any 1 calendar year and a distribution of not more than $30 million during any 5-calendar-year period.

(5)  Any port which receives funding under the program shall institute procedures to ensure that jobs created as a result of the state funding shall be subject to equal opportunity hiring practices in the manner provided in s. 110.112.

(6)  The Department of Transportation shall subject any project that receives funds pursuant to this section and s. 320.20 to a final audit. The department may adopt rules and perform such other acts as are necessary or convenient to ensure that the final audits are conducted and that any deficiency or questioned costs noted by the audit are resolved.

History.--s. 65, ch. 90-136; s. 5, ch. 91-429; s. 55, ch. 93-120; s. 20, ch. 94-237; s. 130, ch. 96-320; s. 48, ch. 97-278; s. 5, ch. 97-280; s. 40, ch. 2000-152; s. 3, ch. 2000-266; s. 99, ch. 2001-266; s. 1, ch. 2002-190; s. 51, ch. 2004-269; s. 7, ch. 2006-2.

311.09  Florida Seaport Transportation and Economic Development Council.--

(1)  The Florida Seaport Transportation and Economic Development Council is created within the Department of Transportation. The council consists of the following 17 members: the port director, or the port director's designee, of each of the ports of Jacksonville, Port Canaveral, Fort Pierce, Palm Beach, Port Everglades, Miami, Port Manatee, St. Petersburg, Tampa, Port St. Joe, Panama City, Pensacola, Key West, and Fernandina; the secretary of the Department of Transportation or his or her designee; the director of the Office of Tourism, Trade, and Economic Development or his or her designee; and the secretary of the Department of Community Affairs or his or her designee.

(2)  The council shall adopt bylaws governing the manner in which the business of the council will be conducted. The bylaws shall specify the procedure by which the chairperson of the council is elected.

(3)  The council shall prepare a 5-year Florida Seaport Mission Plan defining the goals and objectives of the council concerning the development of port facilities and an intermodal transportation system consistent with the goals of the Florida Transportation Plan developed pursuant to s. 339.155. The Florida Seaport Mission Plan shall include specific recommendations for the construction of transportation facilities connecting any port to another transportation mode and for the efficient, cost-effective development of transportation facilities or port facilities for the purpose of enhancing international trade, promoting cargo flow, increasing cruise passenger movements, increasing port revenues, and providing economic benefits to the state. The council shall update the 5-year Florida Seaport Mission Plan annually and shall submit the plan no later than February 1 of each year to the President of the Senate; the Speaker of the House of Representatives; the Office of Tourism, Trade, and Economic Development; the Department of Transportation; and the Department of Community Affairs. The council shall develop programs, based on an examination of existing programs in Florida and other states, for the training of minorities and secondary school students in job skills associated with employment opportunities in the maritime industry, and report on progress and recommendations for further action to the President of the Senate and the Speaker of the House of Representatives annually.

(4)  The council shall adopt rules for evaluating projects which may be funded under ss. 311.07 and 320.20. The rules shall provide criteria for evaluating the economic benefit of the project, measured by the potential for the proposed project to maintain or increase cargo flow, cruise passenger movement, international commerce, port revenues, and the number of jobs for the port's local community.

(5)  The council shall review and approve or disapprove each project eligible to be funded pursuant to the Florida Seaport Transportation and Economic Development Program. The council shall annually submit to the Secretary of Transportation; the director of the Office of Tourism, Trade, and Economic Development; and the Secretary of Community Affairs a list of projects which have been approved by the council. The list shall specify the recommended funding level for each project; and, if staged implementation of the project is appropriate, the funding requirements for each stage shall be specified.

(6)  The Department of Community Affairs shall review the list of projects approved by the council to determine consistency with approved local government comprehensive plans of the units of local government in which the port is located and consistency with the port master plan. The Department of Community Affairs shall identify and notify the council of those projects which are not consistent, to the maximum extent feasible, with such comprehensive plans and port master plans.

(7)  The Department of Transportation shall review the list of projects approved by the council for consistency with the Florida Transportation Plan and the department's adopted work program. In evaluating the consistency of a project, the department shall determine whether the transportation impact of the proposed project is adequately handled by existing state-owned transportation facilities or by the construction of additional state-owned transportation facilities as identified in the Florida Transportation Plan and the department's adopted work program. In reviewing for consistency a transportation facility project as defined in s. 334.03(31) which is not otherwise part of the department's work program, the department shall evaluate whether the project is needed to provide for projected movement of cargo or passengers from the port to a state transportation facility or local road. If the project is needed to provide for projected movement of cargo or passengers, the project shall be approved for consistency as a consideration to facilitate the economic development and growth of the state in a timely manner. The Department of Transportation shall identify those projects which are inconsistent with the Florida Transportation Plan and the adopted work program and shall notify the council of projects found to be inconsistent.

(8)  The Office of Tourism, Trade, and Economic Development, in consultation with Enterprise Florida, Inc., shall review the list of projects approved by the council to evaluate the economic benefit of the project and to determine whether the project is consistent with the Florida Seaport Mission Plan. The Office of Tourism, Trade, and Economic Development shall review the economic benefits of each project based upon the rules adopted pursuant to subsection (4). The Office of Tourism, Trade, and Economic Development shall identify those projects which it has determined do not offer an economic benefit to the state or are not consistent with the Florida Seaport Mission Plan and shall notify the council of its findings.

(9)  The council shall review the findings of the Department of Community Affairs; the Office of Tourism, Trade, and Economic Development; and the Department of Transportation. Projects found to be inconsistent pursuant to subsections (6), (7), and (8) and projects which have been determined not to offer an economic benefit to the state pursuant to subsection (8) shall not be included in the list of projects to be funded.

(10)  The Department of Transportation shall include in its annual legislative budget request a Florida Seaport Transportation and Economic Development grant program for expenditure of funds of not less than $8 million per year. Such budget shall include funding for projects approved by the council which have been determined by each agency to be consistent and which have been determined by the Office of Tourism, Trade, and Economic Development to be economically beneficial. The council may submit to the department a list of approved projects that could be made production-ready within the next 2 years. The list shall be submitted as part of the needs and project list prepared pursuant to s. 339.135.

(11)  The council shall meet at the call of its chairperson, at the request of a majority of its membership, or at such times as may be prescribed in its bylaws. However, the council must meet at least semiannually. A majority of voting members of the council constitutes a quorum for the purpose of transacting the business of the council. All members of the council are voting members. A vote of the majority of the voting members present is sufficient for any action of the council, except that a member representing the Department of Transportation, the Department of Community Affairs, or the Office of Tourism, Trade, and Economic Development may vote to overrule any action of the council approving a project pursuant to subsection (5). The bylaws of the council may require a greater vote for a particular action.

(12)  Members of the council shall serve without compensation but are entitled to receive reimbursement for per diem and travel expenses as provided in s. 112.061. The council may elect to provide an administrative staff to provide services to the council on matters relating to the Florida Seaport Transportation and Economic Development Program and the council. The cost for such administrative services shall be paid by all ports that receive funding from the Florida Seaport Transportation and Economic Development Program, based upon a pro rata formula measured by each recipient's share of the funds as compared to the total funds disbursed to all recipients during the year. The share of costs for administrative services shall be paid in its total amount by the recipient port upon execution by the port and the Department of Transportation of a joint participation agreement for each council-approved project, and such payment is in addition to the matching funds required to be paid by the recipient port. Except as otherwise exempted by law, all moneys derived from the Florida Seaport Transportation and Economic Development Program shall be expended in accordance with the provisions of s. 287.057. Seaports subject to competitive negotiation requirements of a local governing body shall abide by the provisions of s. 287.055.

History.--s. 65, ch. 90-136; s. 26, ch. 90-227; s. 5, ch. 91-429; s. 56, ch. 93-120; s. 4, ch. 93-164; s. 4, ch. 93-262; s. 21, ch. 94-237; s. 87, ch. 95-143; s. 892, ch. 95-148; s. 10, ch. 95-257; s. 131, ch. 96-320; s. 71, ch. 99-385; s. 4, ch. 2000-266; s. 64, ch. 2002-20.

311.105  Florida Seaport Environmental Management Committee; permitting; mitigation.--

(1)(a)  There is created the Florida Seaport Environmental Management Committee, which shall be under the direction of the Florida Seaport Transportation and Economic Development Council.

(b)  The committee shall consist of the following members: the Secretary of Environmental Protection, or his or her designee, as an ex officio, nonvoting member; a designee from the United States Army Corps of Engineers, as an ex officio, nonvoting member; a designee from the Florida Inland Navigation District, as an ex officio, nonvoting member; the Secretary of Community Affairs, or his or her designee, as an ex officio, nonvoting member; and five or more port directors, as voting members, appointed to the committee by the council chair, who shall also designate one such member as committee chair.

(c)  The committee shall meet at the call of the chair but must meet at least semiannually. A majority of the voting members constitutes a quorum for the purpose of transacting business of the committee, and a vote of the majority of the voting members present is required for official action by the committee.

(d)  The committee shall provide a forum for discussion of environmental issues, including, but not limited to, those relating to maintenance dredging and dredged-material management; environmental mitigation; air and water quality permitting; and the maintenance of navigation channels, port harbors, turning basins, harbor berths, and associated facilities.

(e)  The committee shall work closely with the Department of Environmental Protection, United States Army Corps of Engineers, and ports listed in s. 403.021(9)(b) to ensure that suitable dredged material is deposited on Florida's beaches to the extent the committee determines to be economically feasible and consistent with beach restoration and other beneficial uses criteria of the Department of Environmental Protection.

(2)  Each application for a permit authorized pursuant to s. 403.061(37) must include:

(a)  A description of maintenance dredging activities to be conducted and proposed methods of dredged-material management.

(b)  A characterization of the materials to be dredged and the materials within dredged-material management sites.

(c)  A description of dredged-material management sites and plans.

(d)  A description of measures to be undertaken, including environmental compliance monitoring, to minimize adverse environmental effects of maintenance dredging and dredged-material management.

(e)  Such scheduling information as is required to facilitate state supplementary funding of federal maintenance dredging and dredged-material management programs consistent with beach restoration criteria of the Department of Environmental Protection.

(3)  Each application for a permit authorized pursuant to s. 403.061(38) must include the provisions of paragraphs (2)(b)-(e) and the following:

(a)  A description of dredging and dredged-material management and other related activities associated with port development, including the expansion of navigation channels, dredged-material management sites, port harbors, turning basins, harbor berths, and associated facilities.

(b)  A discussion of environmental mitigation as is proposed for dredging and dredged-material management for port development, including the expansion of navigation channels, dredged-material management sites, port harbors, turning basins, harbor berths, and associated facilities.

(4)  Environmental mitigation is not required for dredging and dredged-material management for the maintenance of port harbors, navigation channels, turning basins, or harbor berths if all prior conditions of the original permit to construct the port harbor, navigation channel, dredged-material management site, turning basin, or harbor berth issued by the Department of Environmental Protection or its predecessor agency are met.

(5)  Where appropriate, the Department of Environmental Protection shall provide mitigation credits to those deepwater ports that provide for innovative approaches to the onshore and nearshore placement of suitable dredged material consistent with beach restoration and other beneficial uses criteria of the department.

(6)  Dredged-material management activities authorized pursuant to s. 403.061(37) or (38) shall be incorporated into port master plans developed pursuant to s. 163.3178(2)(k).

History.--s. 132, ch. 96-320; s. 4, ch. 98-326.

311.11  Seaport Employment Training Grant Program.--

(1)  The Office of Tourism, Trade, and Economic Development, in cooperation with the Florida Seaport Transportation and Economic Development Council, shall establish a Seaport Employment Training Grant Program within the office. The office shall grant funds appropriated by the Legislature to the program for the purpose of stimulating and supporting seaport training and employment programs which will seek to match state and local training programs with identified job skills associated with employment opportunities in the port, maritime, and transportation industries, and for the purpose of providing such other training, educational, and information services as required to stimulate jobs in the described industries. Funds may be used for the purchase of equipment to be used for training purposes, hiring instructors, and any other purpose associated with the training program. The office's contribution to any specific training program may not exceed 50 percent of the total cost of the program. Matching contributions may include services in kind, including, but not limited to, training instructors, equipment usage, and training facilities.

(2)  The office shall adopt criteria to implement this section.

History.--s. 12, ch. 92-277; s. 133, ch. 96-320; s. 3, ch. 96-418; s. 49, ch. 97-278.

311.111  Security area designations; access requirements; authority.--Each seaport authority or governing board of a seaport identified in s. 311.09 that is subject to the statewide minimum seaport security standards in s. 311.12 shall clearly designate in seaport security plans and clearly identify with appropriate signs and markers on the premises of a seaport the following security area designations, access requirements, and corresponding security enforcement authorizations, which may include, but not be limited to, clear notice of the prohibition on possession of concealed weapons and other contraband material on the premises of the seaport:

(1)  UNRESTRICTED PUBLIC ACCESS AREA.--An unrestricted public access area of a seaport is open to the general public without a seaport identification card other than that required as a condition of employment by a seaport director.

(2)  RESTRICTED PUBLIC ACCESS AREA.--A restricted public access area of a seaport is open to the public for a specific purpose via restricted access and open to individuals working on the seaport, seaport employees, or guests who have business with the seaport. Any person found in these areas without the proper level of identification card is subject to the trespass provisions of ss. 810.08 and 810.09 and this chapter. All persons and objects in these areas are subject to search by a sworn state-certified law enforcement officer, a Class D seaport security officer certified under Maritime Transportation Security Act guidelines and s. 311.121, or an employee of the seaport security force certified under the Maritime Transportation Security Act guidelines and s. 311.121.

(3)  RESTRICTED ACCESS AREA.--A restricted access area of a seaport is open only to individuals working on the seaport, seaport employees, or guests who have business with the seaport. Any person found in these areas without the proper level of identification card is subject to the trespass provisions of ss. 810.08 and 810.09 and this chapter. All persons and objects in these areas are subject to search by a sworn state-certified law enforcement officer, a Class D seaport security officer certified under Maritime Transportation Security Act guidelines and s. 311.121, or an employee of the seaport security force certified under the Maritime Transportation Security Act guidelines and s. 311.121.

(4)  SECURED RESTRICTED ACCESS AREA.--A secured restricted access area of a seaport is open only to individuals working on the seaport, seaport employees, or guests who have business with the seaport and is secured at each point of access at all times by a Class D seaport security officer certified under the Maritime Transportation Security Act, a sworn state-certified law enforcement officer, or an employee of the port's security force certified under the Maritime Transportation Security Act. Any person found in these areas without the proper level of identification card is subject to the trespass provisions of ss. 810.08 and 810.09 and this chapter. All persons and objects in these areas are subject to search by a Class D seaport security officer certified under Maritime Transportation Security Act guidelines and s. 311.121, a sworn state-certified law enforcement officer, or an employee of the seaport security force certified under the Maritime Transportation Security Act guidelines and s. 311.121.

(5)  TEMPORARY DESIGNATION.--During a period of high terrorist threat level designated by the United States Department of Homeland Security or the Florida Department of Law Enforcement or during an emergency declared at a port by the seaport security director due to events applicable to that particular port, the management or controlling authority of the port may temporarily designate any part of the port property as a restricted access area or a secured restricted access area. The duration of such designation is limited to the period in which the high terrorist threat level is in effect or a port emergency exists. Subsections (3) and (4) do not limit the power of the managing or controlling authority of a seaport to designate any port property as a restricted access area or a secured restricted access area as otherwise provided by law.

History.--s. 1, ch. 2006-193.

311.12  Seaport security standards; inspections; compliance; appeals.--

(1)(a)  The statewide minimum standards for seaport security for each seaport identified in s. 311.09 shall be those based upon the Florida Seaport Security Assessment 2000 and set forth in the "Port Security Standards--Compliance Plan" delivered to the Speaker of the House of Representatives and the President of the Senate on December 11, 2000, pursuant to this section. The statewide minimum standards are hereby adopted. The Office of Drug Control within the Executive Office of the Governor shall maintain a sufficient number of copies of the standards for use of the public, at its offices, and shall provide copies to each affected seaport upon request.

(b)  The Department of Law Enforcement may exempt any seaport identified in s. 311.09 from all or part of the requirements of subsections (1)-(5) if the department determines that the seaport is not active. The department shall periodically review exempted seaports to determine if there is maritime activity at the seaport. A change in status from inactive to active may warrant removal of all or part of any exemption provided by the department.

(2)(a)  Each seaport identified in s. 311.09 shall maintain a security plan to provide for a secure seaport infrastructure specific to that seaport that shall promote the safety and security of the residents and visitors of the state and promote the flow of legitimate trade and travel. Commencing January 1, 2007, and every 5 years thereafter, the seaport director of each seaport, with the assistance of the Regional Domestic Security Task Force and in conjunction with the United States Coast Guard, shall revise the seaport security plan based on the results of continual, quarterly assessments by the seaport director of security risks and possible risks related to terrorist activities and relating to the specific and identifiable needs of the seaport which assures that the seaport is in substantial compliance with the statewide minimum standards established pursuant to subsection (1).

(b)  Each plan adopted or revised pursuant to this subsection shall be inspected for compliance and must be reviewed and approved by the Office of Drug Control and the Department of Law Enforcement based solely upon the standards as set forth under the most current Maritime Transportation Security Act, 33 C.F.R. s. 105.305, and the statewide minimum standards established pursuant to subsection (1). All such seaports shall allow unimpeded access by the Department of Law Enforcement to the affected facilities for purposes of plan or compliance inspections or other operations authorized by this section.

(c)  Each seaport security plan shall establish unrestricted and restricted access areas within the seaport consistent with the requirements of the statewide minimum standards and the provisions of s. 311.111. In such cases, a Uniform Port Access Credential Card, authorizing restricted-area access, shall be required for any individual working within or authorized to regularly enter a restricted access area and the requirements in subsection (3) relating to criminal history checks and employment restrictions shall be applicable only to employees or other persons working within or authorized to regularly enter a restricted access area. Every seaport security plan shall set forth the conditions and restrictions to be imposed upon others visiting the port or any restricted access area sufficient to provide substantial compliance with the statewide minimum standards. As determined by the seaport director's most current risk assessment report, any restricted access area with a potential human occupancy of 50 persons or more, any cruise terminal, or any business operation that is adjacent to an unrestricted public access area shall be protected from the most probable and creditable terrorist threat to human life by the use of the methods and principles contained within Federal Emergency Management Agency, Risk Management Series, "Reference Manual to Mitigate Potential Terrorist Attacks Against Buildings" (FEMA 426) and the Federal Emergency Management Agency, Risk Management Series, "Risk Assessment: A How-To Guide to Mitigate Potential Terrorist Attacks Against Buildings" (FEMA 452).

(d)  Within 30 days after the completion of the seaport's security plan inspection by the Department of Law Enforcement, it shall be delivered to the United States Coast Guard, the Regional Domestic Security Task Force, and the Domestic Security Oversight Council.

(e)  It is the intent of the Legislature that Florida's seaports adhere to security practices that are consistent with risks assigned to each seaport through the risk assessment process established in this subsection. Therefore, the Department of Law Enforcement shall inspect every seaport within the state to determine if all security measures adopted by the seaport are in compliance with the standards set forth in this chapter and shall submit the department's findings within 30 days after the inspection in a report to the Domestic Security Oversight Council and the United States Coast Guard for review, with requests to the Coast Guard for any necessary corrective action.

(f)  A seaport may request review by the Domestic Security Oversight Council of the findings in any Department of Law Enforcement inspection report as they relate to the requirements of this section. The Domestic Security Oversight Council may review only those findings under this section that are in specific dispute by the seaport. In reviewing the disputed findings, the council may concur in the findings of the department or the seaport or may recommend corrective action to the seaport. The department and the seaport shall give great weight to any findings and recommendations of the council.

(3)(a)  A fingerprint-based criminal history check shall be performed on any applicant for employment, every current employee, and other persons as designated pursuant to the seaport security plan for each seaport. The criminal history check shall be performed in connection with employment within or other authorized regular access to a restricted access area or the entire seaport if the seaport security plan does not designate one or more restricted access areas. With respect to employees or others with regular access, such checks shall be performed at least once every 5 years or at other more frequent intervals as provided by the seaport security plan. Each individual subject to the background criminal history check shall file a complete set of fingerprints taken in a manner required by the Department of Law Enforcement and the seaport security plan. Fingerprints shall be submitted to the Department of Law Enforcement for state processing and to the Federal Bureau of Investigation for federal processing. The results of each fingerprint-based check shall be reported to the requesting seaport. The costs of the checks, consistent with s. 943.053(3), shall be paid by the seaport or other employing entity or by the person checked.

(b)  By January 1, 2002, each seaport security plan shall identify criminal convictions or other criminal history factors consistent with paragraph (c) which shall disqualify a person from either initial seaport employment or new authorization for regular access to seaport property or to a restricted access area. Such factors shall be used to disqualify all applicants for employment or others seeking regular access to the seaport or restricted access area on or after January 1, 2002, and may be used to disqualify all those employed or authorized for regular access on that date. Each seaport security plan may establish a procedure to appeal a denial of employment or access based upon procedural inaccuracies or discrepancies regarding criminal history factors established pursuant to this paragraph. A seaport may allow waivers on a temporary basis to meet special or emergency needs of the seaport or its users. Policies, procedures, and criteria for implementation of this subsection shall be included in the seaport security plan. All waivers granted pursuant to this paragraph must be reported to the Department of Law Enforcement within 30 days of issuance.

(c)  In addition to other requirements for employment or access established by each seaport pursuant to its seaport security plan, each seaport security plan shall provide that:

1.  Any person who has within the past 7 years been convicted, regardless of whether adjudication was withheld, for a forcible felony as defined in s. 776.08; an act of terrorism as defined in s. 775.30; planting of a hoax bomb as provided in s. 790.165; any violation involving the manufacture, possession, sale, delivery, display, use, or attempted or threatened use of a weapon of mass destruction or hoax weapon of mass destruction as provided in s. 790.166; dealing in stolen property; any violation of s. 893.135; any violation involving the sale, manufacturing, delivery, or possession with intent to sell, manufacture, or deliver a controlled substance; burglary; robbery; any felony violation of s. 812.014; any violation of s. 790.07; any crime an element of which includes use or possession of a firearm; any conviction for any similar offenses under the laws of another jurisdiction; or conviction for conspiracy to commit any of the listed offenses shall not be qualified for initial employment within or regular access to a seaport or restricted access area; and

2.  Any person who has at any time been convicted for any of the listed offenses shall not be qualified for initial employment within or authorized regular access to a seaport or restricted access area unless, after release from incarceration and any supervision imposed as a sentence, the person remained free from a subsequent conviction, regardless of whether adjudication was withheld, for any of the listed offenses for a period of at least 7 years prior to the employment or access date under consideration.

(d)  By October 1 of each year, each seaport shall report to the Department of Law Enforcement each determination of denial of employment or access, and any determination to authorize employment or access after an appeal of a denial made during the previous 12 months. The report shall include the identity of the individual affected, the factors supporting the determination, and any other material factors used in making the determination.

(e)  The Department of Law Enforcement shall establish a waiver process to allow unescorted access to an individual who is found to be unqualified under paragraph (c) and denied employment by a seaport. The waiver consideration shall be based on the circumstances of any disqualifying act or offense, restitution made by the individual, and other factors from which it may be determined that the individual does not pose a risk of engaging in theft, drug trafficking, or terrorism within the public seaports regulated under this chapter or of harming any person. The waiver process shall begin when an individual who has been denied initial employment within or regular unescorted access to restricted areas of a public seaport as described in paragraph (c) submits an application for a waiver and notarized letter or affidavit from the individual's employer or union representative which states the mitigating reasons for initiating the waiver process. No later than 90 days after receipt of the application, the administrative staff of the Parole Commission shall conduct a factual review of the waiver application. Findings of fact shall be transmitted to the Department of Law Enforcement for review. The department shall make a copy of those findings available to the applicant before final disposition of the waiver request. The department shall make a final disposition of the waiver request based on the factual findings of the investigation by the Parole Commission. The department shall notify the waiver applicant and the port authority that originally denied employment to the applicant of the final disposition of the waiver. The review process under this paragraph is exempt from chapter 120.

(4)(a)  Subject to the provisions of subsection (6), each affected seaport shall begin to implement its security plan developed under this section by July 1, 2001.

(b)  The Office of Drug Control and the executive director of the Department of Law Enforcement may modify or waive any physical facility requirement or other requirement contained in the statewide minimum standards for seaport security upon a finding or other determination that the purposes of the standards have been reasonably met or exceeded by the seaport requesting the modification or waiver. Alternate means of compliance may not in any way diminish the safety or security of the seaport and shall be verified through an extensive risk analysis conducted by the port director. Waivers shall be submitted in writing with supporting documentation to the Office of Drug Control and the Department of Law Enforcement. The Office of Drug Control and the Department of Law Enforcement shall have 90 days to jointly grant the waiver or reject the waiver in whole or in part. Waivers not granted within 90 days or jointly rejected shall be submitted by the seaport to the Domestic Security Oversight Council for review. The Domestic Security Oversight Council shall recommend that the Office of Drug Control and the Department of Law Enforcement grant the waiver or reject the waiver in whole or in part. The Office of Drug Control and the Department of Law Enforcement shall give great weight to any recommendations of the Domestic Security Oversight Council. Waivers submitted for standards established under s. 311.122(3) shall not be granted for percentages below 10 percent. Such modifications or waivers shall be noted in the annual report submitted by the Department of Law Enforcement pursuant to this subsection.

(c)  Beginning with the 2001-2002 fiscal year, the Department of Law Enforcement, or any entity designated by the department, shall conduct no less than one annual unannounced inspection of each seaport listed in s. 311.09 to determine whether the seaport is meeting the minimum standards established pursuant to this section, and to identify seaport security changes or improvements necessary or otherwise recommended. The Department of Law Enforcement, or any entity designated by the department, may conduct additional announced or unannounced inspections or operations within or affecting any affected seaport to test compliance with, or the effectiveness of, security plans and operations at each seaport, to determine compliance with physical facility requirements and standards, or to assist the department in identifying changes or improvements necessary to bring a seaport into compliance with the statewide minimum security standards.

(d)  By December 31, 2001, and annually thereafter, the Department of Law Enforcement, in consultation with the Office of Drug Control, shall complete a report indicating the observations and findings of all inspections or operations conducted during the year and any recommendations developed by reason of such inspections. A copy of the report shall be provided to the Governor, the President of the Senate, the Speaker of the House of Representatives, and the chief administrator of each seaport inspected. The report shall include responses from the chief administrator of any seaport indicating what actions, if any, have been taken or are planned to be taken in response to the recommendations, observations, and findings reported by the department.

(e)  In making security project or other funding decisions applicable to each seaport listed in s. 311.09, the Legislature may consider as authoritative the annual report of the Department of Law Enforcement required by this section, especially regarding each seaport's degree of substantial compliance with the statewide minimum security standards established by this section. The Legislature shall review any seaport that is not in substantial compliance with the statewide minimum security standards by November 2005, as reported by the Department of Law Enforcement.

(f)  By December 31, 2004, the Legislature shall review the ongoing costs of operational security on seaports, the impacts of this section on those costs, mitigating factors that may reduce costs without reducing security, and methods by which seaports may implement operational security using a combination of sworn law enforcement officers and private security services.

(g)  Subject to the provisions of this chapter and appropriations made for seaport security, state funds may not be expended for operational security costs without certification of need for such expenditures by the Office of Ports Administrator within the Department of Law Enforcement.

(5)  Nothing in this section shall be construed as preventing any seaport from implementing security measures that are more stringent, greater than, or supplemental to the statewide minimum standards established by this section except that, for purposes of employment and access, each seaport shall adhere to the requirements provided in paragraph (3)(c) and shall not exceed statewide minimum requirements.

(6)  When funds are appropriated for seaport security, the Office of Drug Control and the Florida Seaport Transportation and Economic Development Council shall mutually determine the allocation of such funds for security project needs identified in the approved seaport security plans required by this section. Any seaport that receives state funds for security projects must enter into a joint participation agreement with the appropriate state entity and must use the seaport security plan developed pursuant to this section as the basis for the agreement. If funds are made available over more than one fiscal year, such agreement must reflect the entire scope of the project approved in the security plan and, as practicable, allow for reimbursement for authorized projects over more than 1 year. The joint participation agreement may include specific timeframes for completion of a security project and the applicable funding reimbursement dates. The joint participation agreement may also require a contractual penalty, not to exceed $1,000 per day, to be imposed for failure to meet project completion dates provided state funding is available. Any such penalty shall be deposited into the State Transportation Trust Fund to be used for seaport security operations and capital improvements.

(7)  Any person who has in his or her possession a concealed weapon, or who operates or has possession or control of a vehicle in or upon which a concealed weapon is placed or stored, while in a designated restricted area on seaport property commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083. This subsection does not apply to active-duty certified federal or state law enforcement personnel, or persons so designated by the seaport director in writing.

(8)(a)  The Seaport Security Standards Advisory Council is created under the Office of Drug Control. The council shall serve as an advisory council under s. 20.03(7).

(b)1.  The members of the Seaport Security Standards Advisory Council shall be appointed by the Governor and consist of the following:

a.  Two seaport directors.

b.  Two seaport security directors.

c.  One designee from the Department of Law Enforcement.

d.  One designee from the Office of Motor Carrier Compliance of the Department of Transportation.

e.  One designee from the Attorney General's Office.

f.  One designee from the Department of Agriculture and Consumer Services.

g.  One designee from the Office of Tourism, Trade, and Economic Development.

h.  One designee from the Office of Drug Control.

2.  In addition to the members designated in subparagraph 1., the council may invite a representative of the United States Coast Guard to attend and participate in council meetings as an ex officio, nonvoting member of the council.

(c)  Members of the council shall serve for terms of 4 years. A vacancy shall be filled by the original appointing authority for the balance of the unexpired term.

(d)  The Seaport Security Standards Advisory Council shall be chaired by a designee from the Office of Drug Control. The council shall meet upon the call of the chair and at least once every 5 years.

(e)  Commencing on January 15, 2007, and at least every 4 years thereafter, the Office of Drug Control shall convene the Seaport Security Standards Advisory Council to review the statewide minimum standards. The Seaport Security Standards Advisory Council shall review the statewide minimum standards for seaport security for applicability to and effectiveness in combating current narcotics and terrorism threats to Florida's seaports. All sources of information allowed by law shall be utilized in assessing the applicability and effectiveness of the standards.

(f)  Seaport Security Standards Advisory Council members shall serve without pay; however, per diem and travel allowances may be claimed for attendance of officially called meetings as provided by s. 112.061.

(g)  The Seaport Security Standards Advisory Council shall consult with the appropriate area maritime security committees to assess possible impacts to commerce and trade contained in the council's nonclassified recommendations and findings.

(h)  Recommendations and findings of the council shall be transmitted to the Governor, the Speaker of the House of Representatives, and the President of the Senate.

History.--s. 1, ch. 2000-360; s. 1, ch. 2001-112; s. 1, ch. 2003-96; s. 1, ch. 2004-261; s. 6, ch. 2005-128; s. 2, ch. 2006-193.

311.121  Qualifications, training, and certification of licensed security officers at Florida seaports.--

(1)  It is the intent of the Legislature that seaports in the state be able to mitigate operational security costs without reducing security levels by employing a combination of certified law enforcement officers and certified private security service officers. In order to accomplish this intent, seaports shall have the option to recruit and employ seaport security officers who are trained and certified pursuant to the provisions of this section. The Department of Law Enforcement shall adhere to this intent in the approval and certification process for seaport security required under s. 311.12.

(2)  The authority or governing board of each seaport identified under s. 311.09 that is subject to the statewide minimum seaport security standards established in s. 311.12 shall require that a candidate for certification as a seaport security officer:

(a)  Has received a Class D license as a security officer under chapter 493.

(b)  Has successfully completed the certified training curriculum for a Class D license or has been determined by the Department of Agriculture and Consumer Services to have equivalent experience as established by rule of the department.

(c)  Has completed the training or training equivalency and testing process established by this section for becoming a certified seaport security officer.

(3)(a)  The Seaport Security Officer Qualification, Training, and Standards Coordinating Council is created under the Department of Law Enforcement.

(b)1.  The executive director of the Department of Law Enforcement shall appoint 11 members to the council which shall include:

a.  The seaport administrator of the Department of Law Enforcement.

b.  The chancellor of the Community College System.

c.  The director of the Division of Licensing of the Department of Agriculture and Consumer Services.

d.  The administrator of the Florida Seaport Transportation and Economic Development Council.

e.  Two seaport security directors from seaports designated under s. 311.09.

f.  One director of a state law enforcement academy.

g.  One representative of a local law enforcement agency.

h.  Two representatives of contract security services.

i.  One representative of the Division of Driver Licenses of the Department of Highway Safety and Motor Vehicles.

2.  In addition to the members designated in subparagraph 1., the executive director may invite a representative of the United States Coast Guard to attend and participate in council meetings as an ex officio, nonvoting member of the council.

(c)  Council members designated in sub-subparagraphs (b)1.a.-d. shall serve for the duration of their employment or appointment. Council members designated under sub-subparagraphs (b)1.e.-i. shall serve 4-year terms, except that the initial appointment for the representative of a local law enforcement agency, one representative of a contract security agency, and one seaport security director from a seaport designated in s. 311.09 shall serve for terms of 2 years.

(d)  The chancellor of the Community College System shall serve as chair of the council.

(e)  The council shall meet upon the call of the chair, and at least once a year to update or modify curriculum recommendations.

(f)  Council members shall serve without pay; however, per diem and travel allowances may be claimed for attendance of officially called meetings as provided by s. 112.061.

(g)  By December 1, 2006, the council shall identify the qualifications, training, and standards for seaport security officer certification and recommend a curriculum for the seaport security officer training program that shall include no less than 218 hours of initial certification training and that conforms to or exceeds model courses approved by the Federal Maritime Act under s. 109 of the Federal Maritime Transportation Security Act of 2002 for facility personnel with specific security duties.

(h)  The council may recommend training equivalencies that may be substituted for portions of the required training.

(i)  The council shall recommend a continuing education curriculum of no less than 8 hours of additional training for each annual licensing period.

(4)(a)  The Department of Education shall develop the curriculum recommendations and classroom-hour specifications of the Seaport Security Officer Qualifications, Training, and Standards Coordinating Council into initial and continuing education and training programs for seaport security officer certification.

(b)  Such training programs shall be used by schools licensed under s. 493.6304, and each instructor providing training must hold a Class D license pursuant to s. 493.6301.

(c)  A seaport authority or other organization involved in seaport-related activities may apply to become a school licensed under s. 493.6304.

(d)  The training programs shall include proficiency examinations that must be passed by each candidate for certification who successfully completes the required hours of training or provides proof of authorized training equivalencies.

(e)  A candidate for certification must be provided with a list of authorized training equivalencies in advance of training; however, each candidate for certification must successfully complete 20 hours of study specific to Florida Maritime Security and pass the related portion of the proficiency examination.

(5)  Seaport security officer certificates shall be provided by the Department of Agriculture and Consumer Services for issuance by a school licensed under s. 493.6304, and such school may issue the certificate to an applicant who has successfully completed the training program. A school shall notify the Division of Licensing within the department upon the issuance of each certificate. The notification must include the name and Class D license number of the certificate holder and a copy of the certificate. The department shall place the notification with the licensee's file. Notification may be provided by electronic or paper format pursuant to instruction of the Department of Agriculture and Consumer Services.

(6)(a)  Upon completion of the certification process, a person holding a Class D license must apply for a revised license pursuant to s. 493.6107(2), which license shall state that the licensee is certified as a seaport security officer.

(b)  A person who has been issued a seaport security officer certificate is authorized to perform duties specifically required of a seaport security officer.

(c)  The certificate is valid for the duration of the seaport security officer's Class D license and shall be renewed upon renewal of the license.

(d)  The certificate shall become void if the seaport security officer's Class D license is revoked or allowed to lapse for more than 1 year or if the licensee fails to complete the annual continuing education requirement prior to expiration of the Class D license.

(e)  Renewal of certification following licensure revocation or a lapse of longer than 1 year requires, at a minimum, 20 hours of recertification training and reexamination of the applicant.

History.--s. 3, ch. 2006-193.

311.122  Seaport law enforcement agency; authorization; requirements; powers; training.--

(1)  Each seaport in the state is authorized to create a seaport law enforcement agency for its facility, which authority in no way precludes the seaport from contracting with local governments or law enforcement agencies to comply with the security standards required by this chapter.

(2)  Each seaport law enforcement agency shall meet all of the standards set by the state under certified law enforcement guidelines and requirements and shall be certified as provided under chapter 943.

(3)  If a seaport creates a seaport law enforcement agency for its facility, a minimum of 30 percent of the aggregate personnel of each seaport law enforcement agency shall be sworn state-certified law enforcement officers with additional Maritime Transportation Security Act seaport training; a minimum of 30 percent of on-duty personnel of each seaport law enforcement agency shall be sworn state-certified law enforcement officers with additional Maritime Transportation Security Act seaport training; and at least one on-duty supervisor must be a sworn state-certified law enforcement officer with additional Maritime Transportation Security Act seaport training.

(4)  For the purposes of this chapter, where applicable, seaport law enforcement agency officers shall have the same powers as university police officers as provided in s. 1012.97; however, such powers do not extend beyond the property of the seaport except in connection with an investigation initiated on seaport property or in connection with an immediate, imminent threat to the seaport.

(5)  For the purposes of this chapter, sworn state-certified seaport security officers shall have the same law enforcement powers with respect to the enforcement of traffic laws on seaport property as university police officers under s. 1012.97, community college police officers under s. 1012.88, and airport police officers under the provisions of s. 316.640(1)(a)1.d.(I) and (II).

(6)  Certified seaport security officers shall have the authority to immediately tow any vehicle parked illegally as indicated by an existing sign or during an emergency as deemed necessary to maintain seaport security.

History.--s. 4, ch. 2006-193.

311.123  Maritime domain security awareness training program.--

(1)  The Florida Seaport Transportation and Economic Development Council, in conjunction with the Department of Law Enforcement and the Office of Drug Control within the Executive Office of the Governor, shall create a maritime domain security awareness training program to instruct all personnel employed within a seaport's boundaries about the security procedures required of them for implementation of the seaport security plan.

(2)  The training program curriculum must include security training required pursuant to 33 C.F.R. part 105 and must be designed to enable the seaports in this state to meet the training, drill, and exercise requirements of 33 C.F.R. part 105 and individual seaport security plans and to comply with the requirements of s. 311.12 relating to security awareness.

History.--s. 5, ch. 2006-193.

311.124  Trespassing; detention by a certified seaport security officer.--

(1)  Any Class D or Class G seaport security officer certified under the Maritime Transportation Security Act guidelines and s. 311.121 or any employee of the seaport security force certified under the Maritime Transportation Security Act guidelines and s. 311.121 who has probable cause to believe that a person is trespassing pursuant to the provisions of s. 810.08 or s. 810.09 or this chapter in a designated restricted area pursuant to s. 311.111 is authorized to detain such person in a reasonable manner for a reasonable period of time pending the arrival of a law enforcement officer, and such action shall not render the security officer criminally or civilly liable for false arrest, false imprisonment, or unlawful detention.

(2)  Upon detaining a person for trespass, the seaport security officer shall immediately call a certified law enforcement officer to the scene.

History.--s. 6, ch. 2006-193.

311.125  Uniform Port Access Credential System.--

(1)  By July 1, 2004, each seaport identified in s. 311.09 and subject to the statewide minimum seaport security standards set forth in s. 311.12 shall be required to use a Uniform Port Access Credential Card that is to be utilized in the operation of the state Uniform Port Access Credential System as required herein. All Uniform Port Access Credential Cards shall be issued by the Department of Highway Safety and Motor Vehicles to the designated port authority, or recognized governing board, of the requesting seaport for distribution to the credential applicant.

(2)(a)  The Department of Highway Safety and Motor Vehicles, in consultation with the Department of Law Enforcement, the Florida Seaport Transportation and Economic Development Council, the Florida Trucking Association, and the United States Transportation Security Administration shall develop a Uniform Port Access Credential System for use in onsite verification of access authority for all persons on a seaport as defined in s. 311.12(2), utilizing the Uniform Port Access Credential Card as authorized herein. Each seaport, in a manner consistent with the "Port Security Standards Compliance Plan" delivered to the Speaker of the House of Representatives and the President of the Senate on December 11, 2000, pursuant to s. 311.12, and this section, is responsible for granting, restricting, or modifying access authority provided to each Uniform Port Access Credential Card holder and promptly communicating the levels of access or changes in the level of access to the department for its use in administering the Uniform Port Access Credential System. Each seaport is responsible for the proper operation and maintenance of the Uniform Port Access Credential Card reader and access verification utilizing the Uniform Port Access Credential System at its location. The Uniform Port Access Credential Card reader and Uniform Port Access Credential System shall be utilized by each seaport to ensure compliance with the access restrictions provided by s. 311.12.

(b)  The system shall be designed to conform, as closely as possible, with criteria established by the United States Transportation Security Administration for a Transportation Worker Identification Card, or similar identification, as required by federal law. The system shall, at a minimum, consist of:

1.  A centralized, secure database for collecting and maintaining fingerprints and other biometric means of identity, and other information pertaining to personal identification of persons working on, or doing business at, a Florida seaport as set forth in s. 311.12;

2.  A methodology for receiving data from each port and transmitting data to each port regarding access permissions;

3.  Technology required for each gate and portal at each seaport to be interactive with the Uniform Port Access Credential System during all hours of operation;

4.  The ability to identify persons who have violated the access requirements of s. 311.12 and to deactivate the access permissions of those persons; and

5.  The ability to utilize the Uniform Port Access Credential Card in a manner consistent herein.

Such system shall be designed to ensure the credentialed cardholders' privacy in a manner consistent with the state's security requirements as provided herein.

(3)  The Uniform Port Access Credential Card must include at a minimum a digital fullface photograph, a digital fingerprint, a multilayered security process, a two-dimensional barcode with technology specifications that will allow the unique biometric identifiers to reside in the barcode, a unique identifying code or number, scanning capability to compare required identifiers with information on file in the central database, and background color differentials for visual identification of access permissions.

(4)  A fingerprint-based criminal history check shall be performed on an applicant for a Uniform Port Access Credential Card as provided in s. 311.12(3). Based upon review of the criminal history check, each seaport may determine the specific access permissions that will be granted to that applicant. Upon receipt of a port authority "Notification of Access Permission" form and a verification of the criminal history check, the department shall issue a Uniform Port Access Credential Card to the port authority for distribution to the applicant.

(5)  A Uniform Port Access Credential Card is valid for 4 years following the date of issuance. Criminal history checks may be performed on a random basis, but at least once a year, during the period that such credential card is active to ensure that the credential holder complies with the requirements for access to restricted areas provided in s. 311.12(3). Failure to complete any part of the required credential application process, or failure to comply with the criminal history clearances, shall be grounds for immediate denial of access. In addition to access authority granted to seaports, access authority may be restricted or revoked by the Department of Highway Safety and Motor Vehicles or the Department of Law Enforcement if the cardholder is suspected of criminal violations that could affect the security of a port or that otherwise render the cardholder ineligible for port access, upon suspicion that the person in possession of the card is using it, or attempting to use it, fraudulently, or if restriction or revocation is done to assure the security of any port or portion thereof.

(6)  Corporations, persons, or other business entities that employ persons to work on, or do business at, seaports regulated in s. 311.12 shall notify those seaports for which those employees have access permissions in the event of the employee's termination, resignation, work-related incapacitation, or death. Uniform Port Access Credential Card accesses for persons not currently employed to perform a job on a seaport shall be placed in an inactive status. Upon notification of a work status change, the port authority, or recognized governing board, shall notify the department to have the credential card placed in an inactive status. Inactive status shall continue until the expiration of the credential card or reactivation of the card by petition. The former employee may have the credential card reactivated by petitioning a seaport. The port authority, or recognized governing board, of any seaport may determine that the individual is employed by another appropriate entity or is self-employed for purposes of performing work on the seaport. Upon that determination, the port authority, or recognized governing board, may request reactivation of credentialing permissions. All such cards may be restricted or revoked as provided in subsection (5).

(7)  Failure to report a change in work status, as defined in this section, within 7 days after the action may result in revocation of the business entity's access to the seaport.

(8)  Each person working on a seaport, as regulated in s. 311.12(2), shall be issued a Uniform Port Access Credential Card upon completion of the application process. Upon issuance of the Uniform Port Access Credential Card, the cardholder is eligible to enter a seaport in the system based on the level of permission allowed by each respective seaport. A person working in a restricted access area must meet the requirements of s. 311.12(3). The Uniform Port Access Credential Card shall be clearly marked for visual verification of the cardholder's permission for access to a restricted area, pursuant to subsection (3). The card must contain biometric verification of the cardholder's identity and proper access permissions. Entrance to a restricted access area, as defined in s. 311.12(2), shall require a machine check and fingerprint verification of each person's Uniform Port Access Credential Card for proper identification. Exit from any restricted access area of a seaport shall require a machine check of the credential card.

(9)  Each person not producing a Uniform Port Access Credential Card upon arrival at a restricted area of a seaport must, at a minimum, stop at a check point, show valid identification, and receive a visitor's pass in order to proceed. The visitor's pass must be plainly displayed on the person of the visitor or in the windshield of the vehicle and designate what area of the seaport may be accessed by the visitor. Failure to display the visitor's pass shall result in revocation of a worker's permission to work on the seaport. Public conveyances such as buses carrying passengers into restricted access areas must be able to verify that all passengers have legitimate business on the seaport. Procedures for implementation of this process are the responsibility of each seaport.

(10)  The price of a Uniform Port Access Credential Card shall be set by the department and shall reflect the cost of the required criminal history checks, including the cost of the initial state and federal fingerprint check and the annual criminal history check and the cost of production and issuance of the card by the department. A seaport may charge an additional administrative fee to cover the costs of issuing credentials to its employees and persons doing business at the seaport.

(11)  Each Uniform Port Access Credential Card remains the property of the State of Florida. Any person possessing such a card shall provide it to any law enforcement officer upon request. A law enforcement officer having reasonable suspicion to believe that a card is possessed or is being used in violation of law or the standards provided by this section, or in any other manner that raises a concern about the safety and security of a seaport, may seize the card. A cardholder has no cause of action against any law enforcement officer who seizes a Uniform Port Access Credential Card.

(12)  Each seaport defined in s. 311.09 and required to meet the minimum security standards set forth in s. 311.12 shall comply with technology improvement requirements for the activation of the Uniform Port Access Credential System no later than July 1, 2004. Equipment and technology requirements for the system shall be specified by the department no later than July 1, 2003. The system shall be implemented at the earliest possible time that all seaports have active technology in place, but no later than July 1, 2004.

(13)  The "Port Security Standards Compliance Plan" delivered to the Speaker of the House of Representatives and the President of the Senate on December 11, 2000, pursuant to s. 311.12, shall be updated by the Department of Law Enforcement to reflect the changes made by this act.

(14)  This section shall be contingent on the receipt of the federal grant funds necessary to implement the Uniform Port Access Credential System.

History.--s. 2, ch. 2003-96; s. 33, ch. 2005-2.

311.13  Certain information exempt from disclosure.--Seaport security plans of a seaport authority created by act of the Legislature or of a seaport department of a county or municipality that operates an international seaport are exempt from s. 119.07(1) and s. 24(a), Art. I of the State Constitution. In addition, photographs, maps, blueprints, drawings, and similar materials that depict critical seaport operating facilities are exempt from s. 119.07(1) and s. 24(a), Art. I of the State Constitution, to the extent that a seaport authority created by act of the Legislature or a seaport department of a county or municipality that operates a seaport reasonably determines that such items contain information that is not generally known and that could jeopardize the security of the seaport; however, information relating to real estate leases, layout plans, blueprints, or information relevant thereto, is not to be included in this exemption. The exemptions in this section are applicable only to records held by a seaport authority created by act of the Legislature or to records of a county or municipal seaport department that operates a seaport.

History.--s. 1, ch. 2000-292; s. 1, ch. 2005-53.

311.14  Seaport freight-mobility planning.--

(1)  The Florida Seaport Transportation and Economic Development Council, in cooperation with the Office of the State Public Transportation Administrator within the Department of Transportation, shall develop freight-mobility and trade-corridor plans to assist in making freight-mobility investments that contribute to the economic growth of the state. Such plans should enhance the integration and connectivity of the transportation system across and between transportation modes throughout Florida for people and freight.

(2)  The Office of the State Public Transportation Administrator shall act to integrate freight-mobility and trade-corridor plans into the Florida Transportation Plan developed pursuant to s. 339.155 and into the plans and programs of metropolitan planning organizations as provided in s. 339.175. The office may also provide assistance in expediting the transportation permitting process relating to the construction of seaport freight-mobility projects located outside the physical borders of seaports. The Department of Transportation may contract, as provided in s. 334.044, with any port listed in s. 311.09(1) or any such other statutorily authorized seaport entity to act as an agent in the construction of seaport freight-mobility projects.

History.--s. 69, ch. 99-251.

311.22  Additional authorization for funding certain dredging projects.--

(1)  The Florida Seaport Transportation and Economic Development Council shall establish a program to fund dredging projects in counties having a population of fewer than 300,000 according to the last official census. Funds made available under this program may be used to fund approved projects for the dredging or deepening of channels, turning basins, or harbors on a 25-percent local matching basis with any port authority, as such term is defined in s. 315.02(2), which complies with the permitting requirements in part IV of chapter 373 and the local financial management and reporting provisions of part III of chapter 218.

¹(2)  The council shall adopt rules for evaluating the projects that may be funded pursuant to this section. The rules must provide criteria for evaluating the economic benefit of the project. The rules must include the creation of an administrative review process by the council which is similar to the process ²described in s. 311.09(5)-(12), and provide for a review by the Department of Community Affairs, the Department of Transportation, and the Office of Tourism, Trade, and Economic Development of all projects submitted for funding under this section.

³(3)  For the 2006-2007 fiscal year only and notwithstanding the matching basis specified in subsection (1), funding for projects in subsection (1) shall require a minimum 25 percent match of funds received pursuant to this section. This subsection expires July 1, 2007.

History.--ss. 42, 55, ch. 2005-71; s. 1, ch. 2005-261; s. 1, ch. 2005-281; s. 39, ch. 2006-26; ss. 34, 53, 54, ch. 2007-73; s. 16, ch. 2007-196.

¹Note.--As enacted by s. 42, ch. 2005-71, and s. 1, ch. 2005-281. For a description of multiple acts in the same session affecting a statutory provision, see preface to the Florida Statutes, "Statutory Construction." Subsection (2) was also enacted by s. 1, ch. 2005-261, and that version reads:

(2)  The council shall adopt rules for evaluating projects submitted for funding pursuant to this section and establish criteria for evaluating the economic benefit of such projects. The rules shall also establish and require an administrative review process similar to the process contained in s. 311.09(5)-(9) for projects approved for funding pursuant to this section to be reviewed by the Department of Community Affairs, the Department of Transportation, and the Office of Tourism, Trade, and Economic Development.

²Note.--As enacted by s. 1, ch. 2005-281. The s. 42, ch. 2005-71, version uses the word "contained" instead of "described."

³Note.--

A.  Section 34, ch. 2007-73, amended subsection (3) "[i]n order to implement Specific Appropriation 2188A of the 2007-2008 General Appropriations Act." Specific Appropriation 2188A was vetoed. See ch. 2007-72, the 2007-2008 General Appropriations Act.

B.  Section 53, ch. 2007-73, provides that "[a] section of this act that implements a specific appropriation or specifically identified proviso language in the 2007-2008 General Appropriations Act is void if the specific appropriation or specifically identified proviso language is vetoed. A section of this act that implements more than one specific appropriation or more than one portion of specifically identified proviso language in the 2007-2008 General Appropriations Act is void if all the specific appropriations or portions of specifically identified proviso language are vetoed." As amended by s. 34, ch. 2007-73, subsection (3) would have read:

(3)  For the 2007-2008 fiscal year only and notwithstanding the matching basis specified in subsection (1), funding for projects in subsection (1) shall require a minimum 25 percent match of funds received pursuant to this section. This subsection expires July 1, 2008.

C.  Section 54, ch. 2007-73, provides that "[i]f any other act passed in 2007 contains a provision that is substantively the same as a provision in this act, but that removes or is otherwise not subject to the future repeal applied to such provision by this act, the Legislature intends that the provision in the other act shall take precedence and shall continue to operate, notwithstanding the future repeal provided by this act." Section 16, ch. 2007-196, amended s. 311.22 (1) to provide for the 25-percent match in funding that is referenced in s. 311.22(3); there is no repeal in s. 311.22(1) as amended by s. 16, ch. 2007-196.