HOUSE AMENDMENT
                                                  Bill No. HB 1663
    Amendment No. ___ (for drafter's use only)
                            CHAMBER ACTION
              Senate                               House
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 5                                           ORIGINAL STAMP BELOW
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11  Representative(s) Harrell offered the following:
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13         Amendment (with title amendment) 
14  Remove from the bill:  Everything after the enacting clause
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16  and insert in lieu thereof:  
17         Section 311.12 is amended and substantially reworded to
18  read as follows:
19         (1)  The statewide minimum standards for seaport
20  security for each seaport identified in s. 311.09, shall be
21  those based upon the Florida Seaport Security Assessment 2000
22  and set forth in the "Port Security Standards - Compliance
23  Plan" delivered to the Speaker of the House of Representatives
24  and the President of the Senate on December 11, 2000, pursuant
25  to s. 311.12. The statewide minimum standards are hereby
26  adopted.  The Office of Drug Control within the Executive
27  Office of the Governor shall maintain a sufficient number of
28  copies of the standards for use of the public, at its offices,
29  and shall provide copies to each affected seaport upon
30  request.
31         (2)  Each seaport identified in s. 311.09 shall
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    File original & 9 copies    04/27/01                          
    hbt0002                     01:13 pm         01663-0081-332579

HOUSE AMENDMENT Bill No. HB 1663 Amendment No. ___ (for drafter's use only) 1 maintain a security plan relating to the specific and 2 identifiable needs of the seaport that assures the seaport is 3 in substantial compliance with the statewide minimum standards 4 established pursuant to subsection (1). Each plan adopted or 5 revised pursuant to this subsection must be reviewed and 6 approved by the Office of Drug Control and the Department of 7 Law Enforcement. All such seaports shall allow unimpeded 8 access by the Department of Law Enforcement to the affected 9 facilities for purposes of inspections or other operations 10 authorized by this section. Each seaport security plan may 11 establish restricted access areas within the seaport 12 consistent with the requirements of the statewide minimum 13 standards. In such cases, a Restricted Access Area Permit 14 shall be required for any individual working within or 15 authorized to regularly enter a restricted access area and the 16 requirements in subsection (3) relating to criminal history 17 checks and employment restrictions shall be applicable only to 18 employees or other persons working within or authorized to 19 regularly enter a restricted access area. Every seaport 20 security plan shall set forth the conditions and restrictions 21 to be imposed upon others visiting the port or any restricted 22 access area sufficient to provide substantial compliance with 23 the statewide minimum standards. 24 (3)(a) A fingerprint based criminal history check 25 shall be performed on any applicant for employment, every 26 current employee and other persons as designated pursuant to 27 the seaport security plan for each seaport. The criminal 28 history check shall be performed in connection with employment 29 within or other authorized regular access to a restricted 30 access area or the entire seaport if the seaport security plan 31 does not designate one or more restricted access areas. With 2 File original & 9 copies 04/27/01 hbt0002 01:13 pm 01663-0081-332579
HOUSE AMENDMENT Bill No. HB 1663 Amendment No. ___ (for drafter's use only) 1 respect to employees or others with regular access, such 2 checks shall be performed at least once every five years or at 3 other more frequent intervals as provided by the seaport 4 security plan. Each individual subject to the background 5 criminal history check shall file a complete set of 6 fingerprints taken in a manner required by the Department of 7 Law Enforcement and the seaport security plan. Fingerprints 8 shall be submitted to the Department of Law Enforcement for 9 state processing and to the Federal Bureau of Investigation 10 for federal processing. The results of each fingerprint based 11 check shall be reported to the requesting seaport. The costs 12 of the checks consistent with s. 943.053(3) shall be paid by 13 the seaport or other employing entity or by the person 14 checked. 15 (b) By January 1, 2002, each seaport security plan 16 shall identify criminal convictions or other criminal history 17 factors consistent with paragraph (c) that shall disqualify a 18 person from either initial seaport employment or new 19 authorization for regular access to seaport property or to a 20 restricted access area. Such factors shall be used to 21 disqualify all applicants for employment or others seeking 22 regular access to the seaport or restricted access area on or 23 after January 1, 2002, and may be used to disqualify all those 24 employed or authorized for regular access on that date. Each 25 seaport security plan may establish a procedure to appeal a 26 denial of employment or access based upon criminal history 27 factors established pursuant to this paragraph. The appeal 28 procedure may allow the granting of waivers or conditional 29 employment or access. In addition, a seaport may allow 30 waivers on a temporary basis to meet special or emergency 31 needs of the seaport or its users. Policies, procedures and 3 File original & 9 copies 04/27/01 hbt0002 01:13 pm 01663-0081-332579
HOUSE AMENDMENT Bill No. HB 1663 Amendment No. ___ (for drafter's use only) 1 criteria for implementation of this subsection shall be 2 included in the seaport security plan. 3 (c) In addition to other requirements for employment 4 or access established by each seaport pursuant to its seaport 5 security plan, each seaport security plan shall provide that: 6 (i) any person who has within the past five years been 7 convicted, regardless of whether adjudication was withheld or 8 not, for dealing in stolen property, any violation of s. 9 893.135, any violation involving the sale, manufacturing, 10 delivery, or possession with intent to sell, manufacture or 11 deliver a controlled substance, burglary, robbery, any 12 violation of s. 790.07, or any crime an element of which 13 includes use or possession of a firearm, any conviction for 14 any similar offenses under the laws of another jurisdiction or 15 conviction for conspiracy to commit any of the listed offenses 16 shall not be qualified for initial employment within or 17 regular access to a seaport or restricted access area, and 18 (ii) any person who has at any time been convicted for 19 any of the listed offenses shall not be qualified for initial 20 employment within or authorized regular access to a seaport or 21 restricted access area unless, after release from 22 incarceration and any supervision imposed as a sentence, the 23 person remained free from a subsequent conviction, regardless 24 of whether adjudication was withheld or not, for any of the 25 listed offenses for a period of at least 5 years prior to the 26 employment or access date under consideration. 27 (d) By October 1 of each year, each seaport shall 28 report to the Department of Law Enforcement each determination 29 of denial of employment or access, and any determination to 30 authorize employment or access after an appeal of a denial 31 made during the previous 12 months. The report shall include 4 File original & 9 copies 04/27/01 hbt0002 01:13 pm 01663-0081-332579
HOUSE AMENDMENT Bill No. HB 1663 Amendment No. ___ (for drafter's use only) 1 the identity of the individual affected, the factors 2 supporting the determination, any special condition imposed, 3 and any other material factors utilized in making the 4 determination. 5 (4)(a) Subject to the provisions of subsection (6), 6 each affected seaport shall begin to implement its security 7 plan developed under this section by July 1, 2001, shall 8 implement restrictions on employment and access including the 9 enforcement of any restricted access area by January 1, 2002, 10 and shall be in substantial compliance with all security 11 standards and physical facility requirements imposed by this 12 section no later than June 30, 2004. 13 (b) The Office of Drug Control and the Department of 14 Law Enforcement may modify or waive any physical facility or 15 other requirement contained in the statewide minimum standards 16 for seaport security upon a finding or other determination 17 that the purposes of the standards have been reasonably met or 18 exceeded by the seaport requesting the modification or waiver. 19 Such modifications or waivers shall be noted in the annual 20 report submitted by the Department of Law Enforcement pursuant 21 to this subsection. 22 (c) Beginning with Fiscal Year 2001-02, The Department 23 of Law Enforcement, or any entity designated by the 24 department, shall conduct no less than one annual unannounced 25 inspection of each seaport listed in s. 311.09 to determine 26 whether the seaport is meeting the minimum standards 27 established pursuant to this section, and to identify seaport 28 security changes or improvements necessary or otherwise 29 recommended. The Department of Law Enforcement, or any entity 30 designated by the department, may conduct additional announced 31 or unannounced inspections or operations within or affecting 5 File original & 9 copies 04/27/01 hbt0002 01:13 pm 01663-0081-332579
HOUSE AMENDMENT Bill No. HB 1663 Amendment No. ___ (for drafter's use only) 1 any affected seaport to test compliance with, or the 2 effectiveness of, security plans and operations at each 3 seaport, to determine compliance with physical facility 4 requirements and standards, or to assist the Department in 5 identifying changes or improvements necessary to bring a 6 seaport into compliance with the statewide minimum security 7 standards. 8 (d) By December 31, 2001, and annually thereafter, the 9 Department of Law Enforcement, in consultation with the Office 10 of Drug Control, shall complete a report indicating the 11 observations and findings of all inspections or operations 12 conducted during the year and any recommendations developed by 13 reason of such inspections. A copy of the report shall be 14 provided to the Governor, the President of the Senate, the 15 Speaker of the House of Representatives, and the chief 16 administrator of each seaport inspected. The report shall 17 include responses from the chief administrator of any seaport 18 indicating what actions, if any, have been taken or are 19 planned to be taken in response to the recommendations, 20 observations, and findings reported by the Department. 21 (e) In making security project or other funding 22 decisions applicable to each seaport listed in s. 311.09, the 23 Legislature may consider as authoritative the annual report of 24 the Department of Law Enforcement required by this section, 25 especially regarding each seaport's degree of substantial 26 compliance with the statewide minimum security standards 27 established by this section. 28 (5) Nothing in this section shall be construed as 29 preventing any seaport from implementing security measures 30 that are more stringent, greater than, or supplemental to, the 31 statewide minimum standards established by this section. 6 File original & 9 copies 04/27/01 hbt0002 01:13 pm 01663-0081-332579
HOUSE AMENDMENT Bill No. HB 1663 Amendment No. ___ (for drafter's use only) 1 (6) When funds are appropriated for seaport security, 2 the Office of Drug Control and the Florida Seaport 3 Transportation and Economic Development Council shall mutually 4 determine the allocation of such funds for security project 5 needs identified in the approved seaport security plans 6 required by this section. Any seaport that receives state 7 funds for security projects must enter into a 8 joint-participation agreement with the appropriate state 9 entity and must use the seaport security plan developed 10 pursuant to this section as the basis for the agreement. If 11 funds are made available over more than one fiscal year, such 12 agreement must reflect the entire scope of the project 13 approved in the security plan and, as practicable, allow for 14 reimbursement for authorized projects over more than one year. 15 The joint-participation agreement may include specific 16 time-frames for completion of a security project and the 17 applicable funding reimbursement dates. The 18 joint-participation agreement shall also require a contractual 19 penalty, not to exceed $1,000 per day, to be imposed for 20 failure to meet project completion dates provided state 21 funding is available. Any such penalty shall be deposited 22 into the State Transportation Trust Fund to be used for 23 seaport security operations and capital improvements. 24 Section 1. This act shall take effect upon becoming a 25 law. 26 27 28 ================ T I T L E A M E N D M E N T =============== 29 And the title is amended as follows: 30 On page 1, lines 2-10 31 remove from the title of the substitute amendment: all said 7 File original & 9 copies 04/27/01 hbt0002 01:13 pm 01663-0081-332579
HOUSE AMENDMENT Bill No. HB 1663 Amendment No. ___ (for drafter's use only) 1 lines 2 3 and insert in lieu thereof: 4 An act relating to seaport security; amending 5 s. 311.12, F.S.; providing for minimum security 6 standards for seaports; requiring seaports to 7 implement seaport security plans; requiring the 8 approval of seaport security plans by the 9 Office of Drug Control and the Department of 10 Law Enforcement; providing requirements for 11 criminal history checks on applicants for 12 employment or current employees of a seaport; 13 providing an appeal procedure; providing for 14 modification or variance from a particular 15 standard; providing for inspections of 16 seaports; providing requirements for compliance 17 by seaports; providing for the Department of 18 Law Enforcement to impose penalties if a 19 seaport fails to meet certain project 20 timelines; requires certain reports; provides 21 funding criteria; providing an effective date. 22 23 24 25 26 27 28 29 30 31 8 File original & 9 copies 04/27/01 hbt0002 01:13 pm 01663-0081-332579