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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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
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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
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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
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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
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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.
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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.
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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
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HOUSE AMENDMENT
Bill No. HB 1663
Amendment No. ___ (for drafter's use only)
1 lines
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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.
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