Senate Bill sb0978e1

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




    CS for SB 978                                  First Engrossed



  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         approval of seaport security plans by the

  7         Office of Drug Control and the Department of

  8         Law Enforcement; providing requirements for

  9         criminal history checks on applicants for

10         employment or current employees of a seaport;

11         providing an appeal procedure; providing for

12         modification or variance from a particular

13         standard; providing for inspections of

14         seaports; providing requirements for compliance

15         by seaports; providing for the Department of

16         Law Enforcement to impose penalties if a

17         seaport fails to meet certain project

18         timelines; requiring certain reports; providing

19         funding criteria; providing an effective date.

20  

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

22  

23         Section 1.  Section 311.12, Florida Statutes, is

24  amended to read:

25         (Substantial rewording of section. See

26         s. 311.12, F.S., for present text.)

27         311.12  Seaport security standards.--

28         (1)  The statewide minimum standards for seaport

29  security for each seaport identified in s. 311.09, shall be

30  those based upon the Florida Seaport Security Assessment 2000

31  and set forth in the "Port Security Standards - Compliance


                                  1

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






    CS for SB 978                                  First Engrossed



  1  Plan" delivered to the Speaker of the House of Representatives

  2  and the President of the Senate on December 11, 2000, pursuant

  3  to s. 311.12. The statewide minimum standards are hereby

  4  adopted. The Office of Drug Control within the Executive

  5  Office of the Governor shall maintain a sufficient number of

  6  copies of the standards for use of the public, at its offices,

  7  and shall provide copies to each affected seaport upon

  8  request.

  9         (2)  Each seaport identified in s. 311.09 shall

10  maintain a security plan relating to the specific and

11  identifiable needs of the seaport which assures that the

12  seaport is in substantial compliance with the statewide

13  minimum standards established pursuant to subsection (1). Each

14  plan adopted or revised pursuant to this subsection must be

15  reviewed and approved by the Office of Drug Control and the

16  Department of Law Enforcement. All such seaports shall allow

17  unimpeded access by the Department of Law Enforcement to the

18  affected facilities for purposes of inspections or other

19  operations authorized by this section. Each seaport security

20  plan may establish restricted access areas within the seaport

21  consistent with the requirements of the statewide minimum

22  standards. In such cases, a Restricted Access Area Permit

23  shall be required for any individual working within or

24  authorized to regularly enter a restricted access area and the

25  requirements in subsection (3) relating to criminal history

26  checks and employment restrictions shall be applicable only to

27  employees or other persons working within or authorized to

28  regularly enter a restricted access area. Every seaport

29  security plan shall set forth the conditions and restrictions

30  to be imposed upon others visiting the port or any restricted

31  


                                  2

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






    CS for SB 978                                  First Engrossed



  1  access area sufficient to provide substantial compliance with

  2  the statewide minimum standards.

  3         (3)(a)  A fingerprint-based criminal history check

  4  shall be performed on any applicant for employment, every

  5  current employee, and other persons as designated pursuant to

  6  the seaport security plan for each seaport. The criminal

  7  history check shall be performed in connection with employment

  8  within or other authorized regular access to a restricted

  9  access area or the entire seaport if the seaport security plan

10  does not designate one or more restricted access areas. With

11  respect to employees or others with regular access, such

12  checks shall be performed at least once every 5 years or at

13  other more frequent intervals as provided by the seaport

14  security plan. Each individual subject to the background

15  criminal history check shall file a complete set of

16  fingerprints taken in a manner required by the Department of

17  Law Enforcement and the seaport security plan. Fingerprints

18  shall be submitted to the Department of Law Enforcement for

19  state processing and to the Federal Bureau of Investigation

20  for federal processing. The results of each fingerprint-based

21  check shall be reported to the requesting seaport. The costs

22  of the checks, consistent with s. 943.053(3), shall be paid by

23  the seaport or other employing entity or by the person

24  checked.

25         (b)  By January 1, 2002, each seaport security plan

26  shall identify criminal convictions or other criminal history

27  factors consistent with paragraph (c) which shall disqualify a

28  person from either initial seaport employment or new

29  authorization for regular access to seaport property or to a

30  restricted access area. Such factors shall be used to

31  disqualify all applicants for employment or others seeking


                                  3

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






    CS for SB 978                                  First Engrossed



  1  regular access to the seaport or restricted access area on or

  2  after January 1, 2002, and may be used to disqualify all those

  3  employed or authorized for regular access on that date. Each

  4  seaport security plan may establish a procedure to appeal a

  5  denial of employment or access based upon criminal history

  6  factors established pursuant to this paragraph. The appeal

  7  procedure may allow the granting of waivers or conditional

  8  employment or access. In addition, a seaport may allow waivers

  9  on a temporary basis to meet special or emergency needs of the

10  seaport or its users. Policies, procedures, and criteria for

11  implementation of this subsection shall be included in the

12  seaport security plan.

13         (c)  In addition to other requirements for employment

14  or access established by each seaport pursuant to its seaport

15  security plan, each seaport security plan shall provide that:

16         1.  Any person who has within the past 5 years been

17  convicted, regardless of whether adjudication was withheld,

18  for dealing in stolen property; any violation of s. 893.135;

19  any violation involving the sale, manufacturing, delivery, or

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

21  controlled substance; burglary; robbery; any violation of s.

22  790.07; any crime an element of which includes use or

23  possession of a firearm; any conviction for any similar

24  offenses under the laws of another jurisdiction; or conviction

25  for conspiracy to commit any of the listed offenses shall not

26  be qualified for initial employment within or regular access

27  to a seaport or restricted access area; and

28         2.  Any person who has at any time been convicted for

29  any of the listed offenses shall not be qualified for initial

30  employment within or authorized regular access to a seaport or

31  restricted access area unless, after release from


                                  4

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






    CS for SB 978                                  First Engrossed



  1  incarceration and any supervision imposed as a sentence, the

  2  person remained free from a subsequent conviction, regardless

  3  of whether adjudication was withheld, for any of the listed

  4  offenses for a period of at least 5 years prior to the

  5  employment or access date under consideration.

  6         (d)  By October 1 of each year, each seaport shall

  7  report to the Department of Law Enforcement each determination

  8  of denial of employment or access, and any determination to

  9  authorize employment or access after an appeal of a denial

10  made during the previous 12 months. The report shall include

11  the identity of the individual affected, the factors

12  supporting the determination, any special condition imposed,

13  and any other material factors used in making the

14  determination.

15         (4)(a)  Subject to the provisions of subsection (6),

16  each affected seaport shall begin to implement its security

17  plan developed under this section by July 1, 2001.

18         (b)  The Office of Drug Control and the Department of

19  Law Enforcement may modify or waive any physical facility or

20  other requirement contained in the statewide minimum standards

21  for seaport security upon a finding or other determination

22  that the purposes of the standards have been reasonably met or

23  exceeded by the seaport requesting the modification or waiver.

24  Such modifications or waivers shall be noted in the annual

25  report submitted by the Department of Law Enforcement pursuant

26  to this subsection.

27         (c)  Beginning with the 2001-2002 fiscal year, the

28  Department of Law Enforcement, or any entity designated by the

29  department, shall conduct no less than one annual unannounced

30  inspection of each seaport listed in s. 311.09 to determine

31  whether the seaport is meeting the minimum standards


                                  5

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






    CS for SB 978                                  First Engrossed



  1  established pursuant to this section, and to identify seaport

  2  security changes or improvements necessary or otherwise

  3  recommended. The Department of Law Enforcement, or any entity

  4  designated by the department, may conduct additional announced

  5  or unannounced inspections or operations within or affecting

  6  any affected seaport to test compliance with, or the

  7  effectiveness of, security plans and operations at each

  8  seaport, to determine compliance with physical facility

  9  requirements and standards, or to assist the department in

10  identifying changes or improvements necessary to bring a

11  seaport into compliance with the statewide minimum security

12  standards.

13         (d)  By December 31, 2001, and annually thereafter, the

14  Department of Law Enforcement, in consultation with the Office

15  of Drug Control, shall complete a report indicating the

16  observations and findings of all inspections or operations

17  conducted during the year and any recommendations developed by

18  reason of such inspections. A copy of the report shall be

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

20  Speaker of the House of Representatives, and the chief

21  administrator of each seaport inspected. The report shall

22  include responses from the chief administrator of any seaport

23  indicating what actions, if any, have been taken or are

24  planned to be taken in response to the recommendations,

25  observations, and findings reported by the department.

26         (e)  In making security project or other funding

27  decisions applicable to each seaport listed in s. 311.09, the

28  Legislature may consider as authoritative the annual report of

29  the Department of Law Enforcement required by this section,

30  especially regarding each seaport's degree of substantial

31  


                                  6

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






    CS for SB 978                                  First Engrossed



  1  compliance with the statewide minimum security standards

  2  established by this section.

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

  4  preventing any seaport from implementing security measures

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

  6  statewide minimum standards established by this section.

  7         (6)  When funds are appropriated for seaport security,

  8  the Office of Drug Control and the Florida Seaport

  9  Transportation and Economic Development Council shall mutually

10  determine the allocation of such funds for security project

11  needs identified in the approved seaport security plans

12  required by this section. Any seaport that receives state

13  funds for security projects must enter into a

14  joint-participation agreement with the appropriate state

15  entity and must use the seaport security plan developed

16  pursuant to this section as the basis for the agreement. If

17  funds are made available over more than one fiscal year, such

18  agreement must reflect the entire scope of the project

19  approved in the security plan and, as practicable, allow for

20  reimbursement for authorized projects over more than 1 year.

21  The joint-participation agreement may include specific

22  timeframes for completion of a security project and the

23  applicable funding reimbursement dates. The

24  joint-participation agreement may also require a contractual

25  penalty, not to exceed $1,000 per day, to be imposed for

26  failure to meet project completion dates provided state

27  funding is available. Any such penalty shall be deposited into

28  the State Transportation Trust Fund to be used for seaport

29  security operations and capital improvements.

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

31  law.


                                  7

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