Senate Bill sb0978c1

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    Florida Senate - 2001                            CS for SB 978

    By the Committee on Transportation and Senator Burt





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  1                      A bill to be entitled

  2         An act relating to seaport security; amending

  3         s. 311.12, F.S.; providing for minimum security

  4         standards for seaports; requiring seaports to

  5         implement seaport security plans; requiring the

  6         Department of Law Enforcement to adopt rules

  7         for specific security standards; providing

  8         requirements for such rules; providing

  9         requirements for criminal-history checks on

10         applicants for employment or current employees

11         of a seaport; providing for a seaport to

12         request a waiver or variance from a particular

13         standard; requiring that security plans and

14         other information be made available to the

15         Department of Law Enforcement for review;

16         providing for inspections of seaports;

17         providing requirements for compliance by

18         seaports; providing for additional security

19         measures at specified seaports; providing for

20         the Department of Law Enforcement to impose

21         civil penalties if a seaport fails to initiate

22         or take corrective action; providing rulemaking

23         authority; providing an effective date.

24

25  Be It Enacted by the Legislature of the State of Florida:

26

27         Section 1.  Section 311.12, Florida Statutes, is

28  amended to read:

29         311.12  Seaport security standards.--

30         (1)  The minimum standards for seaport security and the

31  expectations for security contained in such standards for each

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  1  seaport identified in s. 311.09, as developed by the Office of

  2  Drug Control within the Executive Office of the Governor, in

  3  consultation with the Florida Seaport Transportation and

  4  Economic Development Council, and in conjunction with the

  5  Florida Department of Law Enforcement and local law

  6  enforcement agencies having primary authority over the

  7  affected seaports, are adopted by the Legislature as provided

  8  in this section. shall develop, by January 1, 2001, a

  9  statewide security plan based upon the Florida Seaport

10  Security Assessment 2000 conducted by the Office of Drug

11  Control.  Such plan shall establish statewide minimum

12  standards for seaport security including the prevention of

13  criminal activity including money laundering.  The statewide

14  seaport security plan shall identify the funding needs for

15  security requirements of all relevant ports and shall

16  recommend mechanisms to fund those needs including an analysis

17  of the ability of seaports to provide funding for necessary

18  improvements. The statewide seaport security plan shall be

19  submitted to the Speaker of the House of Representatives and

20  the President of the Senate and the chairs of the fiscal

21  committees of the House of Representatives and Senate for

22  review on or before January 1, 2001.

23         (2)  All seaports, as identified in s. 311.09 pursuant

24  to s. 311.09(1), in conjunction with and pending review and

25  approval by the Office of Drug Control, within the Executive

26  Office of the Governor, and the Florida Department of Law

27  Enforcement, and in consultation with the Florida Seaport

28  Transportation and Economic Development Council, shall

29  implement no later than January 31, 2001, develop and draft

30  individual seaport security plans particular to the specific

31  and identifiable needs of their respective seaports which are

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  1  in compliance with the security standards established by rule

  2  of the Department of Law Enforcement as authorized in this

  3  section.

  4         (3)  The Department of Law Enforcement, in consultation

  5  with the Office of Drug Control, shall adopt rules that

  6  implement specific security standards that shall apply to

  7  seaports identified in s. 311.09 as the minimum level of

  8  security allowed at any such seaport. The rules must reflect

  9  the security expectations supporting the statewide minimum

10  security standards adopted by the Legislature as referred to

11  in subsection (1) and must include, but are not limited to:

12         (a)  Criteria establishing specifications for and the

13  requirements for the issuance, use, display, renewal, and

14  maintenance of picture-identification badges for personnel

15  permanently employed at each seaport and those workers and

16  laborers working at a port any more frequently than 5 days in

17  any given 90-day period and criteria limiting access of such

18  personnel to only authorized areas within the port;

19         (b)  Criteria establishing the method by which port

20  management will conduct fingerprint-based criminal-history

21  background checks of all prospective and current seaport

22  employees and personnel, including criteria for initial

23  employment and name-based and fingerprint-based

24  criminal-history checks at intervals during ongoing

25  employment;

26         (c)  Uniform criteria and procedures to be applied by

27  each seaport in determining whether the fingerprint-based

28  criminal history of any prospective or current seaport

29  employee disqualifies the employee from seaport employment

30  and, if an affected person requests relief from any

31  criminal-history-based employment-disqualification decision,

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  1  whether good cause has been shown to justify the relief

  2  requested. Notwithstanding this paragraph, any finding of

  3  guilt, regardless of whether adjudication was withheld, for

  4  dealing in stolen property, for any violation of s. 893.135,

  5  for any violation involving the sale, manufacturing, delivery,

  6  or possession with intent to sell, manufacture, or deliver a

  7  controlled substance, for robbery, for burglary, or for use or

  8  possession of a firearm in the commission of a crime; any

  9  finding of guilt for any similar offense under the laws of

10  another jurisdiction; or any finding of guilt for conspiracy

11  to commit any of the listed offenses disqualifies a

12  prospective or current employee from employment at a seaport,

13  unless the person has remained free from a finding of guilt

14  for a felony, as provided in this paragraph, for 5 years prior

15  to the date of the person's current employment or the date of

16  proposed employment of an applicant by the seaport employer.

17  Neither the Department of Law Enforcement nor the Office of

18  Drug Control is responsible for making individual or group

19  determinations of criminal-history-based employment

20  disqualifications, or relief of disqualifications as required

21  or allowed in this paragraph. Each seaport shall annually

22  report in detail the year's history and activity in

23  implementing the employment restrictions or granting of relief

24  as established in this paragraph to the Department of Law

25  Enforcement for inclusion in the department's annual reports

26  as required in this paragraph. To assist the Department of Law

27  Enforcement in developing the criteria and procedures required

28  in this paragraph by August 1, 2001, the Florida Seaport

29  Transportation and Economic Development Council shall submit

30  to the Department of Law Enforcement a draft of criteria and

31  procedures that it suggests be used uniformly among the

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  1  seaports to comply with the mandate of this paragraph. The

  2  department may accept or reject all or part of the draft so

  3  submitted;

  4         (d)  A requirement that any seaport employee promptly

  5  notify the seaport director when the employee is arrested for

  6  any felony offense that would disqualify the employee for

  7  employment under paragraph (c) and a requirement to promptly

  8  notify the seaport director of the disposition of the arrest;

  9         (e)  Criteria limiting access to a seaport for visitors

10  and vehicles, including parking and access passes or signage

11  for pedestrian and vehicular traffic at the seaport in areas

12  for which limited access is required or appropriate;

13         (f)  Criteria establishing parking or standing zones

14  for employee or other vehicles only in designated areas at a

15  seaport;

16         (g)  Criteria for the use of gates and gatehouses at

17  each seaport and the staffing of each gate house;

18         (h)  Criteria for the access and identification of

19  vendors or service and maintenance personnel and vehicles to

20  seaport property, including temporary permits, vehicular

21  signage, and designated parking or standing areas;

22         (i)  Criteria for fencing at, around, and within the

23  seaports;

24         (j)  Criteria for lighting at the seaports;

25         (k)  Criteria for the posting of signs at the seaport

26  related to security and restrictions upon access to designated

27  areas;

28         (l)  Criteria for the use of locks and keys at the

29  seaport and the issuance and maintenance of keys by seaport

30  personnel;

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  1         (m)  Criteria for the regularly scheduled maintenance

  2  and internal inspection of security-related fences,

  3  structures, equipment, and facilities at the seaport;

  4         (n)  Criteria for operational and procedural security

  5  within each seaport, which must include at a minimum, the

  6  establishment and use of security committees at each seaport,

  7  master security plans and standard operating procedures,

  8  definitive descriptions of the function and responsibilities

  9  of each security-related employee of a seaport, and procedures

10  for dealing with threats to the physical security of a seaport

11  or threats to personnel working or present at a seaport;

12         (o)  Criteria for assuring that a routine presence and

13  patrol by sworn law enforcement personnel occurs at each

14  seaport;

15         (p)  Criteria for the equipping and minimum training

16  and qualification standards applied to security personnel

17  employed or used by each seaport, which must include as a

18  minimum, that any guard or security personnel used at a

19  seaport who is not a sworn law enforcement officer must

20  possess a valid Class "D" security license as defined in

21  chapter 493;

22         (q)  Criteria for establishing and using formal

23  guidelines for computer security at each seaport, including

24  requirements that suspected criminal activity involving

25  computers used at a seaport be reported to a law enforcement

26  agency;

27         (r)  Criteria for establishing and using procedures to

28  assure cargo security at each seaport, including, but not

29  limited to, controlled access by commercial carriers to the

30  seaport and methods of verification of the carrier's identity

31  and purpose for accessing a seaport;

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  1         (s)  Criteria for securing cargo in storage at the

  2  seaport;

  3         (t)  Criteria for establishing video surveillance of

  4  seaport property;

  5         (u)  For seaports in which cruise ships dock or

  6  otherwise have access, criteria for the security of cruise

  7  operations, including the security of passengers and their

  8  property while on seaport property; and

  9         (v)  Enhanced security requirements applicable to the

10  ports of Jacksonville, Port Everglades, Miami, and Tampa,

11  including, but not limited to, extra video surveillance and

12  enhanced 24-hour security monitoring of activities at the

13  ports.

14         (4)  A fingerprint-based criminal-history check shall

15  be performed on any applicant for employment or current

16  employee of the seaports identified in s. 311.09, as required

17  by rule established by the Department of Law Enforcement and

18  paragraph (3)(b). The costs of such checks shall be paid by

19  the seaport or employing entity or any person so checked. The

20  applicant or employee shall file a complete set of

21  fingerprints taken in a manner required by the Department of

22  Law Enforcement. These fingerprints shall be submitted to the

23  Department of Law Enforcement for state processing and to the

24  Federal Bureau of Investigation for federal processing. The

25  results of the checks shall be reported to the seaports.

26         (5)(a)  By July 1, 2001, each seaport shall implement

27  its own individual security plan that shall be in conformance

28  with the minimum statewide security standards adopted by the

29  Legislature in subsection (1).

30         (b)  In developing, implementing, and maintaining its

31  security plan, each seaport shall adhere to the standards

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  1  established by rule by the Department of Law Enforcement

  2  unless the department, in consultation with the Office of Drug

  3  Control, in response to a petition for variance or waiver of

  4  rule filed by a seaport pursuant to s. 120.542, determines

  5  that a waiver or variance of a particular standard is

  6  appropriate. In petitioning for any waiver or variance, a

  7  seaport may include the recommendations of local law

  8  enforcement and the Florida Seaport Transportation and

  9  Economic Development Council as support for its request for

10  variance or waiver. In addition to the existing standards for

11  variance and waiver established by s. 120.542, the department,

12  in consultation with the Office of Drug Control, may grant a

13  waiver or variance of standards if it determines that existing

14  port structures, facilities, processes, requirements, or

15  operations or proposed construction or efforts of a seaport

16  reasonably assure a level of security equal to or exceeding

17  the level of security promoted by the specific rule provision

18  for which variance or waiver is sought.

19         (c)  Only a seaport identified pursuant to s. 311.09

20  shall have standing to seek a variance or waiver of a security

21  standard established by rule of the Department of Law

22  Enforcement under this section. An individual or other entity

23  may not petition for variance or waiver of a seaport security

24  standard established by rule of the Department of Law

25  Enforcement under this section.

26         (6)  If funds are appropriated for seaport security,

27  the Office of Drug Control and the Florida Seaport

28  Transportation and Economic Development Council shall mutually

29  determine the allocation of such funds for security project

30  needs identified pursuant to subsection (1) and this

31  subsection. Any seaport that receives state funds for security

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  1  projects must enter into a joint-participation agreement with

  2  the appropriate state entity and use the seaport security plan

  3  developed pursuant to this section as the basis for the

  4  agreement. If funds are made available over more than 1 fiscal

  5  year, any such agreement must reflect the entire scope of the

  6  security plan and allow for reimbursement for projects

  7  authorized to receive state funds by the Office of Drug

  8  Control and the council over more than 1 fiscal year.

  9         (7)  All seaports shall make all security plans,

10  documents, and information available to the Department of Law

11  Enforcement or any entity selected by the department for

12  review and inspection and shall allow unimpeded access to the

13  Department of Law Enforcement or any entity selected by the

14  department for any inspection, announced or unannounced, or

15  any operation designed by the department to determine whether

16  seaport security plans are being implemented effectively. The

17  Department of Law Enforcement, or any entity selected by the

18  department or operating on its behalf, may conduct undercover

19  or otherwise unannounced operations designed to test the

20  effectiveness of a port's security.

21         (8)  By December 31, 2001, the Department of Law

22  Enforcement or any entity selected by the department shall

23  conduct an initial inspection of each seaport listed in s.

24  311.09 to determine the preliminary status of security

25  compliance and shall report its observations to each seaport,

26  the Office of Drug Control, and the Florida Seaport

27  Transportation and Economic Development Council. A copy of the

28  report, including the administrator's responses, shall be

29  provided to the Governor, the President of the Senate, the

30  Speaker of the House of Representatives, the chairs of the

31  fiscal committees of the House of Representatives and the

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  1  Senate, and each seaport chief administrator. The observations

  2  contained in the reports shall be used as a factor in making

  3  funding decisions as noted in subsection (6) or as otherwise

  4  applicable to each seaport listed in s. 311.09.

  5         (9)(a)  Beginning January 1, 2002, the Department of

  6  Law Enforcement or any entity selected by the department shall

  7  conduct not less than once annually an unannounced inspection

  8  of each seaport listed in s. 311.09 to determine the degree to

  9  which the seaport is meeting the minimum standards established

10  by rule under this section and to determine whether changes or

11  improvements in a seaport's security plan are recommended.

12         (b)  By December 31, 2002, and each year thereafter,

13  the Department of Law Enforcement, in consultation with the

14  Office of Drug Control, shall issue a report indicating the

15  results of each seaport inspection and shall within the report

16  indicate deficiencies noted, failures to comply with standards

17  noted, and any concerns or suggestions developed by reason of

18  individual or collective inspections. Failures of a seaport to

19  comply with applicable standards shall be specifically noted.

20  If a report notes deficiencies or failures or identifies

21  concerns related to a seaport, the report must include a

22  response from the chief administrator of the affected seaport

23  or seaports. Each administrator's response shall include what

24  actions, if any, have been taken or are planned to be taken to

25  address the deficiencies, failures, or concerns noted.

26         (c)  A copy of the report, including the

27  administrator's responses, shall be provided to the Governor,

28  the President of the Senate, the Speaker of the House of

29  Representatives, the chairs of the fiscal committees of the

30  House of Representatives and the Senate, and each seaport

31  chief administrator.

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  1         (d)  The department, in consultation with the Office of

  2  Drug Control and the Florida Seaport Transportation and

  3  Economic Development Council, may use its observations and

  4  experience from inspections conducted under this section as

  5  the basis for modifying security criteria established by rule

  6  if the modifications enhance the security of seaports.

  7         (10)  By June 30, 2004, each seaport listed in s.

  8  311.09 must be in compliance with the physical infrastructure

  9  improvements and minimum security standards implemented under

10  this section, unless the standard has been waived or a

11  variance has been granted as provided in this section and s.

12  120.542. The Legislature expresses its intent to annually take

13  into account each seaport's performance in implementing and

14  maintaining compliance with the security standards, as well as

15  other information available to it related to seaport security,

16  criminal activity, and money laundering occurring at, or in

17  conjunction with, seaports in determining allocations of state

18  funds to each seaport in the coming fiscal year. The

19  Legislature expresses its intent that failure by a seaport to

20  assure compliance with minimum seaport security standards will

21  result in a reduction of state-provided funding to the seaport

22  as a sanction for not meeting security expectations.

23         (11)  The Department of Law Enforcement, in

24  consultation with the Office of Drug Control, may by rule

25  require additional security measures for the ports of

26  Jacksonville, Miami, Tampa, and Port Everglades. The

27  additional measures may include minimum criteria for the use

28  of closed-circuit television cameras and the videotaping of

29  activity at entrances and exits, areas with high risk or crime

30  or endangerment, or areas at which valuable cargo is stored.

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  1         (12)  This section does not prevent any seaport from

  2  implementing security measures that are more stringent,

  3  greater than, or supplemental to the minimum security

  4  standards established pursuant to rule by the Department of

  5  Law Enforcement and this section.

  6         (13)(a)  Upon completion of an inspection by the

  7  Department of Law Enforcement or entity selected by the

  8  department in which any failure to implement, meet, or

  9  maintain a security standard is noted to exist at a particular

10  seaport listed in s. 311.09, the Department of Law Enforcement

11  shall issue a written notification identifying each such

12  failure to the seaport director or head of seaport management

13  if other than a director. The written notification must

14  indicate a date certain, not less than 30 days nor more than

15  45 days after the date the notification is issued, that a

16  written response from the seaport shall be received by the

17  Department of Law Enforcement at an address stated in the

18  notification.

19         (b)  A seaport receiving notification of any failure to

20  implement, meet, or maintain a security standard from the

21  Department of Law Enforcement shall, by the date stated in the

22  notice, assure receipt by the department of a written response

23  to the notification of failure. The response must address each

24  item specified in the department's notification and indicate

25  with specificity the seaport's planned response to address and

26  rectify any noted failure or failures, including a date for

27  completion of each corrective action, the estimated cost of

28  corrective action, the funding identified to cover the costs

29  of the corrective action, and the date the corrective action

30  is to be or has been initiated. If a seaport believes the

31  department's finding on a particular standard is in error, it

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  1  shall state in the written response the basis of its belief,

  2  including why it believes the department's finding may be in

  3  error, and may request that the department conduct a followup

  4  review of the particular standard and finding.

  5         (c)  The Department of Law Enforcement shall review the

  6  written response provided under paragraph (b) and conduct a

  7  followup review to determine whether a particular finding was

  8  in error when requested to do so by a seaport in the manner

  9  provided for in paragraph (b). The department, or any entity

10  selected by the department, may conduct additional inspections

11  or make any other inquiry to assist in making this

12  determination. The department shall state its followup review

13  finding in writing to the seaport. If the followup review

14  determines that the seaport continues to fail to implement,

15  meet, or maintain the security standard about which the

16  concern was raised, the seaport shall have 5 working days

17  following the receipt of the written response to provide the

18  department with a written supplemental response providing all

19  information required in paragraph (b) regarding corrective

20  actions to be implemented to meet the standard that was

21  reviewed. If the followup review determines that the seaport

22  has implemented, met, or maintained the standard, the written

23  response must so indicate.

24         (d)  The Department of Law Enforcement may impose a

25  civil penalty upon any seaport listed in s. 311.09 for any

26  failure to respond within the time limits or in the manner and

27  specificity required by this section. Any seaport failing to

28  respond as noted in paragraph (b) or paragraph (c) within the

29  time periods provided and in the manner and specificity

30  required shall be assessed by the department a civil penalty

31  of up to $1,000 for each day the failure continues. The funds

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  1  collected as civil penalties shall be deposited in the General

  2  Revenue Fund.

  3         (e)  The Department of Law Enforcement, in consultation

  4  with the Office of Drug Control, shall review all proposed

  5  corrective actions proposed by a seaport as required in

  6  paragraph (b) or paragraph (c), and shall determine whether a

  7  seaport's proposed timeline for corrective action provides for

  8  the reasonably prompt implementation, meeting, or maintenance

  9  of a particular security standard. The department shall

10  attempt to mutually resolve with a seaport of any concern that

11  the timeline for any proposed corrective action does not

12  provide the required reasonably prompt implementation and

13  completion of corrective action. If agreement is met, the

14  seaport shall file an amended response with the Department of

15  Law Enforcement stating a revised corrective-action timeline.

16  If agreement is not met, the department may impose a revised

17  timeline upon a seaport that provides for the reasonably

18  prompt implementation and completion of corrective action, and

19  shall notify the seaport in writing of the revised timeline.

20         (f)  Any seaport failing to initiate or complete the

21  corrective action within the original or revised

22  corrective-action timeline, whether agreed upon or imposed by

23  the department, shall be assessed by the department a civil

24  penalty of up to $1,000 for each day the corrective-action

25  implementation is delayed and for each day the corrective

26  action is not completed as provided by the timeline. The funds

27  collected as civil penalties shall be deposited in the General

28  Revenue Fund.

29         (g)  The Department of Law Enforcement, in consultation

30  with the Office of Drug Control, may suspend the imposition of

31  any civil penalty authorized in this subsection conditioned

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  1  upon terms the department, in its discretion, deems

  2  appropriate and consistent with the purpose of this section

  3  and the statewide seaport security plan.

  4         (h)  The Department of Law Enforcement may adopt rules

  5  necessary to administer the civil penalties and authority

  6  provided in this section.

  7         (a)  Each seaport security plan shall adhere to the

  8  statewide minimum standards established pursuant to subsection

  9  (1).

10         (b)  All such seaports shall allow unimpeded access to

11  the affected ports for purposes of inspections by the

12  Department of Law Enforcement as authorized by this section.

13         (3)  A fingerprint-based criminal history check shall

14  be performed on any applicant for employment or current

15  employee, as designated by each security plan required by

16  subsection (2), who will be working within the property of or

17  have regular access to any seaport listed in s. 311.09(1). The

18  costs of such checks shall be paid by the seaport or employing

19  entity or any person so checked. The applicant or employee

20  shall file a complete set of fingerprints taken in a manner

21  required by the Department of Law Enforcement and the security

22  plan. These fingerprints shall be submitted to the Department

23  of Law Enforcement for state processing and to the Federal

24  Bureau of Investigation for federal processing. The results of

25  the checks shall be reported to the seaports.

26         (4)  The affected seaports shall implement the security

27  plans developed under this section by April 30, 2002,

28  contingent upon legislative approval of the statewide security

29  plan established pursuant to subsection (1). The Department of

30  Law Enforcement, or any entity selected by the department,

31  shall conduct no less than once annually an unannounced

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  1  inspection of each seaport listed in s. 311.09(1) to determine

  2  whether the seaport is meeting the minimum standards

  3  established under the authority of this section. The

  4  Department of Law Enforcement, in consultation with the Office

  5  of Drug Control within the Executive Office of the Governor,

  6  shall complete a report indicating the results of all such

  7  inspections conducted during the year and any suggestions or

  8  concerns developed by reason of such inspections by no later

  9  than December 31 of each year. A copy of the report shall be

10  provided to the Governor, the President of the Senate, the

11  Speaker of the House of Representatives, and the chief

12  administrator of each seaport inspected. The report shall, to

13  the extent possible, include responses from the chief

14  administrator of any seaport about which suggestions have been

15  made or security concerns raised, indicating what actions, if

16  any, have been taken or are planned to be taken in response to

17  the suggestions or concerns noted.

18         (5)  Nothing in this section shall be construed as

19  preventing any seaport from implementing security measures

20  that are more stringent, greater than, or supplemental to, the

21  minimum standards established by this section.

22         Section 2.  This act shall take effect upon becoming a

23  law.

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    306-1882-01




  1          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
  2                              SB 978

  3

  4  The CS amends s. 311.12, F.S., to provide minimum-security
    standards for Florida's seaports.  The CS provides the Florida
  5  Department of Law Enforcement (FDLE), in consultation with the
    Office of Drug Control (ODC) must adopt rules incorporating
  6  statewide minimum-security standards for all 14 of Florida's
    deep-water seaports.  The rules must include, but are not
  7  limited to:

  8  1.  Criteria establishing specifications, and requirements of
    picture-identification badges for personnel at the port any
  9  more frequently that 5 days in any given 90-day period and
    criteria limiting access to only authorized areas.
10
    2.  Criteria establishing fingerprint-based criminal history
11  background checks of all prospective and current seaport
    employees.
12
    3.  Criteria for felony criminal history that would disqualify
13  a prospective or current seaport employee.

14  4.  Criteria for waivers under certain circumstances. A
    requirement that any seaport employee promptly notify the
15  seaport director when the employee is arrested for any felony,
    which would disqualify them from employment.
16
    5.  Criteria limiting access to a seaport in restricted areas
17  for visitors and vehicles, including parking access passes.

18  6.  Criteria for the use of gates and gatehouses; criteria for
    vendor access; criteria for fencing, lighting and signage;
19  criteria for the use of locks and keys and for regularly
    scheduled inspections of facilities.
20
    7.   Criteria for operational and procedural security within
21  each seaport including security committees and sworn law
    enforcement presence at the seaport.
22
    8.  Criteria for the equipping and minimum training of
23  security personnel.

24  9.  Criteria for establishing computer security, cargo
    security, and video surveillance.
25
    10 Criteria for security of cruise operations and passengers.
26
    11. Enhanced security requirements applicable to the ports of
27  Jacksonville, Port Everglades, Miami, and Tampa, but not
    limited to, extra video surveillance and enhanced 24-hour
28  security monitoring of activities at the ports.

29  The CS provides the cost of the fingerprint-based criminal
    history check will be paid by the employing entity or the
30  prospective or current employee. The fingerprints will be
    submitted to the FDLE for state processing and the Federal
31  Bureau of Investigation for federal processing.

                                  17

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






    Florida Senate - 2001                            CS for SB 978
    306-1882-01




  1  The CS provides a seaport may petition for a waver or variance
    to the minimum seaport security standards.  The FDLE in
  2  consultation with the ODC, may grant a waiver or variance if
    it determines the existing port structures or operations
  3  reasonably assure a level of security equal to or exceeding
    the level of security promoted by the specific rule provision
  4  for which the variance or waiver is sought.  Only a seaport
    may seek such a variance or waiver.
  5
    The CS provides if funds are appropriated for seaport security
  6  the ODC and the FSTED Council will mutually determine the
    allocation of such funds.
  7
    By December 31, 2001, the FDLE or any entity selected by FDLE,
  8  will conduct an initial inspection of each seaport to
    determine the preliminary status of security compliance and
  9  report its observations to each seaport, ODC, the FSTED
    Council, the Legislature and the Governor.  Such observations
10  will be used as a factor in making funding decisions.
    Beginning January 1, 2002, the FDLE will conduct, not less
11  than once annually, an unannounced inspection of each seaport
    to determine if the seaports are meeting minimum-security
12  standards.  By December 31, 2002, and each year thereafter,
    the FDLE, in consultation with ODC, will issue a report
13  indicating the results of each seaport inspection.  Failures
    to comply with minimum-security standards noted in the report
14  must be accompanied by a response from the seaport.  Findings
    from the report may be used to modify security criteria.
15
    The CS provides by June 30, 2004, each seaport must be in
16  compliance with the physical infrastructure improvements and
    minimum-security standards unless the standard has been waived
17  or a variance has been granted.  The level of compliance with
    seaport security standards will effect state funding of
18  seaports.

19  The CS provides any seaport that receives notification of
    failure to meet security standards must respond to FDLE.  FDLE
20  will review the seaport response and conduct a follow-up
    review to determine if the notification was justified.  If the
21  follow-up review determines the seaport continues to fail to
    meet the security standard the seaport will have 5 working
22  days following the written FDLE response, to provide a written
    supplemental response.
23
    The CS provides FDLE may impose a civil penalty of $1,000 per
24  day on any seaport which fails to respond to FDLE within the
    time limits.  FDLE, in consultation with ODC, may suspend the
25  imposition of any civil penalty authorized in this CS.

26

27

28

29

30

31

                                  18

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