HOUSE AMENDMENT
Bill No. HB 1663
Amendment No. 2 (for drafter's use only)
CHAMBER ACTION
Senate House
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5 ORIGINAL STAMP BELOW
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11 The Council for Competitive Commerce offered the following:
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13 Substitute Amendment for Amendment (903487) (with title
14 amendment)
15 Remove from the bill: Everything after the enacting clause
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17 and insert in lieu thereof: Section 311.12 Seaport security
18 standards.--
19 (1) The minimum standards for seaport security and the
20 reasonable expectations for security for each seaport
21 identified in s. 311.09 contained therein, as developed by the
22 The Office of Drug Control within the Executive Office of the
23 Governor, in consultation with the Florida Seaport
24 Transportation and Economic Development Council, and in
25 conjunction with the Florida Department of Law Enforcement and
26 local law enforcement agencies having primary authority over
27 the affected seaports, are approved. shall develop, by January
28 1, 2001, a statewide security plan based upon the Florida
29 Seaport Security Assessment 2000 conducted by the Office of
30 Drug Control. Such plan shall establish statewide minimum
31 standards for seaport security including the prevention of
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HOUSE AMENDMENT
Bill No. HB 1663
Amendment No. 2 (for drafter's use only)
1 criminal activity including money laundering. The statewide
2 seaport security plan shall identify the funding needs for
3 security requirements of all relevant ports and shall
4 recommend mechanisms to fund those needs including an analysis
5 of the ability of seaports to provide funding for necessary
6 improvements. The statewide seaport security plan shall be
7 submitted to the Speaker of the House of Representatives and
8 the President of the Senate and the chairs of the fiscal
9 committees of the House of Representatives and Senate for
10 review on or before January 1, 2001.
11 (2) Each All seaports, as identified pursuant to in s.
12 311.09(1), in conjunction with and pending review and approval
13 by the Office of Drug Control, within the Executive Office of
14 the Governor, and the Florida Department of Law Enforcement,
15 and in consultation with the Florida Seaport Transportation
16 and Economic Development Council, shall no later than January
17 31, 2001, develop and draft maintain an individual seaport
18 security plans particular to the specific and identifiable
19 needs of their respective seaports that assures the seaport is
20 in substantial compliance with the statewide minimum standards
21 as applied to the seaport as provided herein. Any such plan
22 or revision to a plan must be reviewed and approved by the
23 Office of Drug Control, within the Executive Office of the
24 Governor, and the Department of Law Enforcement.
25 (a) Each seaport security plan shall adhere to the
26 statewide minimum standards established pursuant to subsection
27 (1).
28 (b) All such seaports shall allow unimpeded access to
29 the affected ports for purposes of inspections or other
30 operations by the Department of Law Enforcement as authorized
31 by this section.
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HOUSE AMENDMENT
Bill No. HB 1663
Amendment No. 2 (for drafter's use only)
1 (3)(a) A fingerprint-based criminal history check
2 shall be performed on any applicant for employment or current
3 employee, or any other person, as designated by each security
4 plan required by subsection (2), who will be or is working
5 within the property of, or have regular access to, any seaport
6 listed in s. 311.09(1). The costs of such checks shall be paid
7 by the seaport or employing entity or any person so checked.
8 The applicant or employee shall file a complete set of
9 fingerprints taken in a manner required by the Department of
10 Law Enforcement and the security plan. These fingerprints
11 shall be submitted to the Department of Law Enforcement for
12 state processing and to the Federal Bureau of Investigation
13 for federal processing. The results of the checks shall be
14 reported to the seaports.
15 (b) Renewed criminal history checks for employees and
16 those having access to the seaports shall be provided for in
17 each seaport security plan.
18 (c) Consistent with the security and crime-prevention
19 goals of this section, by January 1, 2002, each seaport
20 security plan shall identify criminal convictions or other
21 criminal history factors that shall disqualify a person from
22 either initial seaport employment or new authorization to
23 access seaport property in conjunction with employment by any
24 other entity. The disqualifications shall apply to any person
25 initially employed by a seaport or seeking new authorization
26 to access or an expansion of authority to access seaport
27 property on or after January 1, 2002. Each security plan may
28 establish a method by which a person who would otherwise be
29 disqualified from such employment or access may seek a waiver
30 by the seaport of a criminal history-based disqualification
31 based upon good cause shown by the person. Any waiver so
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HOUSE AMENDMENT
Bill No. HB 1663
Amendment No. 2 (for drafter's use only)
1 granted may include reasonable special conditions and may be
2 terminated at any time by the seaport.
3 (d) Beginning January 1, 2002, each security plan
4 shall provide that no person who has been convicted,
5 regardless of whether adjudication was withheld or not, for
6 dealing in stolen property, any violation of s. 893.135, any
7 violation involving the sale, manufacturing, delivery, or
8 possession with intent to sell, manufacture or deliver a
9 controlled substance, burglary, robbery, s. 790.07, or any
10 crime an element of which includes use or possession of a
11 firearm, any conviction for any similar offenses under the
12 laws of another jurisdiction or conviction for conspiracy to
13 commit any of the offenses shall be qualified for initial
14 employment by a seaport listed in s. 311.09, or for new access
15 to or an expansion of authority to access seaport property,
16 unless the person has, after release from incarceration and
17 any supervision imposed as a sentence, remained free from a
18 conviction, regardless of whether adjudication was withheld or
19 not, for any of the listed offenses for 5 years prior to the
20 date the subject's criminal history becomes known to the
21 seaport and the person otherwise meets employment or access
22 criminal history standards established by a seaport's security
23 plan.
24 (e) Any person who, on the date the person's criminal
25 history becomes known by a seaport, is currently employed by a
26 seaport listed in s. 311.09 or who is currently authorized to
27 have access to or upon seaport property and who, if seeking
28 initial employment or new or expanded access authority, would
29 have been disqualified from initial employment ornew seaport
30 access under this subsection (d) or any other requirement of a
31 seaport security plan, shall not be subject to automatic
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HOUSE AMENDMENT
Bill No. HB 1663
Amendment No. 2 (for drafter's use only)
1 disqualification, but shall be subject to the following:
2 (i) The seaport may impose employment or access
3 disqualification or restrictions upon such individuals as part
4 of its individual security plan.
5 (ii) The seaport may require the person, as a
6 condition of the privilege to remain employed or continue to
7 have access to the seaport, be required to promptly report to
8 the seaport any conviction (regardless of whether adjudication
9 is withheld or not) for any felony offense, or any finding
10 that the person is in violation of probation or other
11 supervision imposed as a sentence by a criminal court.
12 (iii) Upon any such conviction or finding becoming
13 known to a seaport, or upon a determination that the person
14 failed to immediately report a conviction or finding as
15 required, the person's employment or access to the seaport may
16 be terminated or restricted by the seaport, and the person
17 shall be subject to the full conditions imposed by subsection
18 (d) or the seaport's security plan before employment or access
19 disqualification or restrictions can be lifted.
20 (f) A copy of all policies, procedures, or criteria
21 developed or utilized by a seaport to implement the criminal
22 history-based requirements and options provided in this
23 section shall be forwarded to the Department of Law
24 Enforcement.
25 (g) Each seaport shall report by October 1 each year
26 to the Department of Law Enforcement each determination of
27 disqualification from employment or access, or criminal
28 history-based restrictions imposed during the previous 12
29 months, including the identity of the person affected, the
30 factors supporting the disqualification from or restriction
31 upon employment or port access, and any other material factors
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HOUSE AMENDMENT
Bill No. HB 1663
Amendment No. 2 (for drafter's use only)
1 utilized in making the seaport's decision.
2 (4)(a) Each The affected seaports shall begin to
3 implement the security plans developed under this section by
4 April 30, 2002 July 1, 2001, shall implement the employment
5 and access standards on January 1, 2002, and shall be in
6 substantial compliance with all security standards and
7 physical facility requirements applied to the seaport by no
8 later than June 30, 2004. contingent upon legislative approval
9 of the statewide security plan established pursuant to
10 subsection (1).
11 (b) Upon a finding of good cause or a determination
12 that the underlying security expectations of a standard have
13 been otherwise met or exceeded by a seaport, the Office of
14 Drug Control within the Executive Office of the Governor and
15 the Department of Law Enforcement may modify or waive the
16 applicability of any security standard other than the
17 employment and access requirement stated herein, and may
18 modify or waive any physical facility requirement found in the
19 minimum standards. Any modification or waiver of a security
20 standard applicable to a seaport shall be noted in the annual
21 report submitted by the Department of Law Enforcement as
22 required herein.
23 (c) Beginning with Fiscal Year 2001-02. The Department
24 of Law Enforcement, or any entity selected by the department,
25 shall conduct no less than one once annually an unannounced
26 inspection of each seaport listed in s. 311.09(1) to determine
27 whether the seaport is meeting the minimum standards
28 established under the authority of this section, and to
29 identify any seaport security changes or improvements
30 necessary. The Department of Law Enforcement, or any entity
31 selected by the department, may conduct additional announced
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HOUSE AMENDMENT
Bill No. HB 1663
Amendment No. 2 (for drafter's use only)
1 or unannounced inspections or operations within or affecting
2 any seaport listed in s. 311.09 to test compliance with, or
3 the effectiveness of, security plans and operations at each
4 seaport, to determine compliance with physical facility
5 requirements and standards, or to assist the Department in
6 identifying changes or improvements necessary to bring a
7 seaport into compliance with minimum security standards or the
8 security expectations contained therein.
9 (d) By December 31 of each year in which any
10 inspection or operation is conducted, Tthe Department of Law
11 Enforcement, in consultation with the Office of Drug Control
12 within the Executive Office of the Governor, shall complete a
13 report indicating the results observations and findings of
14 all such inspections or operations conducted during the year
15 and any suggestions or concerns developed by reason of such
16 inspections by no later than December 31 of each year. A copy
17 of the report shall be provided to the Governor, the President
18 of the Senate, the Speaker of the House of Representatives,
19 and the chief administrator of each seaport inspected. The
20 report shall, to the extent possible, include responses from
21 the chief administrator of any seaport about which
22 observations, findings or suggestions have been made or
23 security concerns raised, indicating what actions, if any,
24 have been taken or are planned to be taken in response to the
25 suggestions or concerns noted to suggestions, observations,
26 issues or concerns noted by the Department.
27 (e) The Legislature shall annually consider the annual
28 report of the Department of Law Enforcement required by this
29 section, each seaport's degree of substantial compliance with
30 the minimum security standards authorized herein, and any
31 other information available to it related to seaport security
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HOUSE AMENDMENT
Bill No. HB 1663
Amendment No. 2 (for drafter's use only)
1 or crimes occurring at, or in conjunction with, any seaport,
2 in making funding decisions appliable to each seaport listed
3 in s. 311.09.
4 (5) Nothing in this section shall be construed as
5 preventing any seaport from implementing security measures
6 that are more stringent, greater than, or supplemental to, the
7 minimum standards established by this section.
8 (6) When funds are appropriated for seaport security,
9 the Office of Drug Control within the Executive Office of the
10 Governor and the Florida Seaport Transportation and Economic
11 Development Council shall mutually determine the allocation of
12 such funds for security project needs identified in the
13 approved seaport security plans required by this section. Any
14 seaport that receives state funds for security projects must
15 enter into a joint-participation agreement with the
16 appropriate state entity and must use the seaport security
17 plan developed pursuant to this section as the basis for the
18 agreement. If funds are made available over more than one
19 fiscal year, any such agreement must reflect the entire scope
20 of the project approved in the security plan and allow for
21 reimbursement for projects authorized to receive state funds
22 by the Office of Drug Control and the council over more than
23 one fiscal year. The joint-participation agreement shall
24 include specific time-frames for completion of a security
25 project, and shall require a contractual penalty, not to
26 exceed $1,000 per day, to be imposed for failure to meet such
27 time-frames. Any such penalty shall be deposited into the
28 State Transportation Trust Fund to be used for seaport
29 security operations and capital improvements.
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HOUSE AMENDMENT
Bill No. HB 1663
Amendment No. 2 (for drafter's use only)
1 ================ T I T L E A M E N D M E N T ===============
2 And the title is amended as follows:
3 On page 1, lines 1-10
4 remove from the title of the bill: all of said lines
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6 and insert in lieu thereof:
7 An act relating to seaport security; amending
8 s. 311.12, F.S.; providing for minimum security
9 standards for seaports; requiring seaports to
10 implement seaport security plans; requiring the
11 Department of Law Enforcement to adopt rules
12 for specific security standards; providing
13 requirements for such rules; providing
14 requirements for criminal history checks on
15 applicants for employment or current employees
16 of a seaport; providing for modification or
17 variance from a particular standard; requiring
18 that security plans and other information be
19 made available to the Department of Law
20 Enforcement for review; providing for
21 inspections of seaports; providing requirements
22 for compliance by seaports; providing for the
23 Department of Law Enforcement to impose
24 penalties if a seaport fails to meet certain
25 project timelines; requires certain reports;
26 providing an effective date.
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