HOUSE AMENDMENT Bill No. HB 1801
1	CHAMBER ACTION
2	Senate House
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12	Representative Goodlette offered the following:
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14	Substitute Amendment for Amendment (511173) (with title
15	amendment)
16	Remove everything after the enacting clause and insert:
17	Section 1. Section 311.12, Florida Statutes, is amended to
18	read:
19	311.12 Seaport security standards.--
20	(1)(a)The statewide minimum standards for seaport
21	security for each seaport identified in s. 311.09 shall be those
22	based upon the Florida Seaport Security Assessment 2000 and set
23	forth in the "Port Security Standards--Compliance Plan"
24	delivered to the Speaker of the House of Representatives and the
25	President of the Senate on December 11, 2000, pursuant to this
26	section. The statewide minimum standards are hereby adopted. The
27	Office of Drug Control within the Executive Office of the
28	Governor shall maintain a sufficient number of copies of the
29	standards for use of the public, at its offices, and shall
30	provide copies to each affected seaport upon request.
31	(b) The Department of Law Enforcement may exempt any
32	seaport identified in s. 311.09 from all or part of the
33	requirements of subsections (1) through (5) if the department
34	determines that the seaport is not active. The department shall
35	periodically review exempted seaports to determine if there is
36	maritime activity at the seaport. A change in status from
37	inactive to active may warrant removal of all or part of any
38	exemption provided by the department.
39	(2) Each seaport identified in s. 311.09 shall maintain a
40	security plan relating to the specific and identifiable needs of
41	the seaport which assures that the seaport is in substantial
42	compliance with the statewide minimum standards established
43	pursuant to subsection (1). Each plan adopted or revised
44	pursuant to this subsection must be reviewed and approved by the
45	Office of Drug Control and the Department of Law Enforcement.
46	All such seaports shall allow unimpeded access by the Department
47	of Law Enforcement to the affected facilities for purposes of
48	inspections or other operations authorized by this section. Each
49	seaport security plan may establish restricted access areas
50	within the seaport consistent with the requirements of the
51	statewide minimum standards. In such cases, a Uniform Port
52	Access Credential Card, authorizing restricted-area access,
53	Restricted Access Area Permitshall be required for any
54	individual working within or authorized to regularly enter a
55	restricted access area and the requirements in subsection (3)
56	relating to criminal history checks and employment restrictions
57	shall be applicable only to employees or other persons working
58	within or authorized to regularly enter a restricted access
59	area. Every seaport security plan shall set forth the conditions
60	and restrictions to be imposed upon others visiting the port or
61	any restricted access area sufficient to provide substantial
62	compliance with the statewide minimum standards.
63	(3)(a) A fingerprint-based criminal history check shall be
64	performed on any applicant for employment, every current
65	employee, and other persons as designated pursuant to the
66	seaport security plan for each seaport. The criminal history
67	check shall be performed in connection with employment within or
68	other authorized regular access to a restricted access area or
69	the entire seaport if the seaport security plan does not
70	designate one or more restricted access areas. With respect to
71	employees or others with regular access, such checks shall be
72	performed at least once every 5 years or at other more frequent
73	intervals as provided by the seaport security plan. Each
74	individual subject to the background criminal history check
75	shall file a complete set of fingerprints taken in a manner
76	required by the Department of Law Enforcement and the seaport
77	security plan. Fingerprints shall be submitted to the Department
78	of Law Enforcement for state processing and to the Federal
79	Bureau of Investigation for federal processing. The results of
80	each fingerprint-based check shall be reported to the requesting
81	seaport. The costs of the checks, consistent with s. 943.053(3),
82	shall be paid by the seaport or other employing entity or by the
83	person checked.
84	(b) By January 1, 2002, each seaport security plan shall
85	identify criminal convictions or other criminal history factors
86	consistent with paragraph (c) which shall disqualify a person
87	from either initial seaport employment or new authorization for
88	regular access to seaport property or to a restricted access
89	area. Such factors shall be used to disqualify all applicants
90	for employment or others seeking regular access to the seaport
91	or restricted access area on or after January 1, 2002, and may
92	be used to disqualify all those employed or authorized for
93	regular access on that date. Each seaport security plan may
94	establish a procedure to appeal a denial of employment or access
95	based upon procedural inaccuracies or discrepancies regarding
96	criminal history factors established pursuant to this paragraph.
97	The appeal procedure may allow the granting of waivers or
98	conditional employment or access. In addition,A seaport may
99	allow waivers on a temporary basis to meet special or emergency
100	needs of the seaport or its users. Policies, procedures, and
101	criteria for implementation of this subsection shall be included
102	in the seaport security plan. All waivers granted pursuant to
103	this paragraph must be reported to the Department of Law
104	Enforcement within 30 days of issuance.
105	(c) In addition to other requirements for employment or
106	access established by each seaport pursuant to its seaport
107	security plan, each seaport security plan shall provide that:
108	1. Any person who has within the past 75years been
109	convicted, regardless of whether adjudication was withheld, for
110	a forcible felony as defined in s. 776.08; an act of terrorism
111	as defined in s. 775.30; planting of a hoax bomb as provided in
112	s. 790.165; any violation involving the manufacture, possession,
113	sale, delivery, display, use, or attempted or threatened use of
114	a weapon of mass destruction or hoax weapon of mass destruction
115	as provided in s. 790.166;dealing in stolen property; any
116	violation of s. 893.135; any violation involving the sale,
117	manufacturing, delivery, or possession with intent to sell,
118	manufacture, or deliver a controlled substance; burglary;
119	robbery; any felony violation of s. 812.014;any violation of s.
120	790.07; any crime an element of which includes use or possession
121	of a firearm; any conviction for any similar offenses under the
122	laws of another jurisdiction; or conviction for conspiracy to
123	commit any of the listed offenses shall not be qualified for
124	initial employment within or regular access to a seaport or
125	restricted access area; and
126	2. Any person who has at any time been convicted for any
127	of the listed offenses shall not be qualified for initial
128	employment within or authorized regular access to a seaport or
129	restricted access area unless, after release from incarceration
130	and any supervision imposed as a sentence, the person remained
131	free from a subsequent conviction, regardless of whether
132	adjudication was withheld, for any of the listed offenses for a
133	period of at least 57years prior to the employment or access
134	date under consideration.
135	(d) By October 1 of each year, each seaport shall report
136	to the Department of Law Enforcement each determination of
137	denial of employment or access, and any determination to
138	authorize employment or access after an appeal of a denial made
139	during the previous 12 months. The report shall include the
140	identity of the individual affected, the factors supporting the
141	determination, any special condition imposed,and any other
142	material factors used in making the determination.
143	(4)(a) Subject to the provisions of subsection (6), each
144	affected seaport shall begin to implement its security plan
145	developed under this section by July 1, 2001.
146	(b) The Office of Drug Control and the Department of Law
147	Enforcement may modify or waive any physical facility or other
148	requirement contained in the statewide minimum standards for
149	seaport security upon a finding or other determination that the
150	purposes of the standards have been reasonably met or exceeded
151	by the seaport requesting the modification or waiver. Such
152	modifications or waivers shall be noted in the annual report
153	submitted by the Department of Law Enforcement pursuant to this
154	subsection.
155	(c) Beginning with the 2001-2002 fiscal year, the
156	Department of Law Enforcement, or any entity designated by the
157	department, shall conduct no less than one annual unannounced
158	inspection of each seaport listed in s. 311.09 to determine
159	whether the seaport is meeting the minimum standards established
160	pursuant to this section, and to identify seaport security
161	changes or improvements necessary or otherwise recommended. The
162	Department of Law Enforcement, or any entity designated by the
163	department, may conduct additional announced or unannounced
164	inspections or operations within or affecting any affected
165	seaport to test compliance with, or the effectiveness of,
166	security plans and operations at each seaport, to determine
167	compliance with physical facility requirements and standards, or
168	to assist the department in identifying changes or improvements
169	necessary to bring a seaport into compliance with the statewide
170	minimum security standards.
171	(d) By December 31, 2001, and annually thereafter, the
172	Department of Law Enforcement, in consultation with the Office
173	of Drug Control, shall complete a report indicating the
174	observations and findings of all inspections or operations
175	conducted during the year and any recommendations developed by
176	reason of such inspections. A copy of the report shall be
177	provided to the Governor, the President of the Senate, the
178	Speaker of the House of Representatives, and the chief
179	administrator of each seaport inspected. The report shall
180	include responses from the chief administrator of any seaport
181	indicating what actions, if any, have been taken or are planned
182	to be taken in response to the recommendations, observations,
183	and findings reported by the department.
184	(e) In making security project or other funding decisions
185	applicable to each seaport listed in s. 311.09, the Legislature
186	may consider as authoritative the annual report of the
187	Department of Law Enforcement required by this section,
188	especially regarding each seaport's degree of substantial
189	compliance with the statewide minimum security standards
190	established by this section.
191	(5) Nothing in this section shall be construed as
192	preventing any seaport from implementing security measures that
193	are more stringent, greater than, or supplemental to the
194	statewide minimum standards established by this section except
195	that, for purposes of employment and access, each seaport shall
196	adhere to the requirements provided in paragraph (3)(c) and
197	shall not exceed statewide minimum requirements.
198	(6) When funds are appropriated for seaport security, the
199	Office of Drug Control and the Florida Seaport Transportation
200	and Economic Development Council shall mutually determine the
201	allocation of such funds for security project needs identified
202	in the approved seaport security plans required by this section.
203	Any seaport that receives state funds for security projects must
204	enter into a joint participation agreement with the appropriate
205	state entity and must use the seaport security plan developed
206	pursuant to this section as the basis for the agreement. If
207	funds are made available over more than one fiscal year, such
208	agreement must reflect the entire scope of the project approved
209	in the security plan and, as practicable, allow for
210	reimbursement for authorized projects over more than 1 year. The
211	joint participation agreement may include specific timeframes
212	for completion of a security project and the applicable funding
213	reimbursement dates. The joint participation agreement may also
214	require a contractual penalty, not to exceed $1,000 per day, to
215	be imposed for failure to meet project completion dates provided
216	state funding is available. Any such penalty shall be deposited
217	into the State Transportation Trust Fund to be used for seaport
218	security operations and capital improvements.
219	Section 2. Section 311.125, Florida Statutes, is created
220	to read:
221	311.125 Uniform Port Access Credential System.--
222	(1) By July 1, 2004, each seaport identified in s. 311.09
223	and subject to the statewide minimum seaport security standards
224	set forth in s. 311.12 shall be required to use a Uniform Port
225	Access Credential Card that is to be utilized in the operation
226	of the state Uniform Port Access Credential System as required
227	herein. All Uniform Port Access Credential Cards shall be
228	issued by the Department of Highway Safety and Motor Vehicles to
229	the designated port authority, or recognized governing board, of
230	the requesting seaport for distribution to the credential
231	applicant.
232	(2)(a) The Department of Highway Safety and Motor
233	Vehicles, in consultation with the Department of Law
234	Enforcement, the Florida Seaport Transportation and Economic
235	Development Council, the Florida Trucking Association, and the
236	United States Transportation and Security Administration shall
237	develop a Uniform Port Access Credential System for use in on-
238	site verification of access authority for all persons on a
239	seaport as defined in s. 311.12(2), utilizing the Uniform Port
240	Access Credential Card as authorized herein. Each seaport, in a
241	manner consistent with the "Port Security Standards Compliance
242	Plan" delivered to the Speaker of the House of Representatives
243	and the President of the Senate on December 11, 2000, pursuant
244	to s. 311.12, and this section, is responsible for granting,
245	restricting, or modifying access authority provided to each
246	Uniform Port Access Credential Card holder and promptly
247	communicating the levels of access or changes in the level of
248	access to the department for its use in administering the
249	Uniform Port Access Credential System. Each seaport is
250	responsible for the proper operation and maintenance of the
251	Uniform Port Access Credential Card reader and access
252	verification utilizing the Uniform Port Access Credential System
253	at its location. The Uniform Port Access Credential Card reader
254	and Uniform Port Access Credential System shall be utilized by
255	each seaport to ensure compliance with the access restrictions
256	provided by s. 311.12.
257	(b) The system shall be designed to conform, as closely as
258	possible, with criteria established by the United States
259	Transportation Security Administration for a Transportation
260	Worker Identification Card, or similar identification, as
261	required by federal law. The system shall, at a minimum,
262	consist of:
263	1. A centralized, secure database for collecting and
264	maintaining fingerprints and other biometric means of identity,
265	and other information pertaining to personal identification of
266	persons working on, or doing business at, a Florida seaport as
267	set forth in s. 311.12;
268	2. A methodology for receiving data from each port and
269	transmitting data to each port regarding access permissions;
270	3. Technology required for each gate and portal at each
271	seaport to be interactive with the Uniform Port Access
272	Credential System during all hours of operation;
273	4. The ability to identify persons who have violated the
274	access requirements of s. 311.12 and to deactivate the access
275	permissions of those persons; and
276	5. The ability to utilize the Uniform Port Access
277	Credential Card in a manner consistent herein. Such system
278	shall be designed to ensure the credentialed cardholders'
279	privacy in a manner consistent with the state's security
280	requirements as provided herein.
281	(3) The Uniform Port Access Credential Card must include
282	at a minimum a digital full-face photograph, a digital
283	fingerprint, a multilayered security process, a two-dimensional
284	barcode with technology specifications that will allow the
285	unique biometric identifiers to reside in the barcode, a unique
286	identifying code or number, scanning capability to compare
287	required identifiers with information on file in the central
288	database, and background color differentials for visual
289	identification of access permissions.
290	(4) A fingerprint-based criminal history check shall be
291	performed on an applicant for a Uniform Port Access Credential
292	Card as provided in s. 311.12(3). Based upon review of the
293	criminal history check, each seaport may determine the specific
294	access permissions that will be granted to that applicant. Upon
295	receipt of a port authority "Notification of Access Permission"
296	form and a verification of the criminal history check, the
297	department shall issue a Uniform Port Access Credential Card to
298	the port authority for distribution to the applicant. Upon
299	issuance of the Uniform Port Access Credential Card, the
300	cardholder is eligible to enter a seaport in the system, based
301	on the level of permission allowed by each respective seaport.
302	(5) A Uniform Port Access Credential Card is valid for 4
303	years following the date of issuance. Criminal history checks
304	may be performed on a random basis, but at least once a year,
305	during the period that such credential card is active to ensure
306	that the credential holder complies with the requirements for
307	access to restricted areas provided in s. 311.12(3). Failure to
308	complete any part of the required credential application
309	process, or failure to comply with the criminal history
310	clearances, shall be grounds for immediate denial of access. In
311	addition to access authority granted to seaports, access
312	authority may be restricted or revoked by the Department of
313	Highway Safety and Motor Vehicles or the Department of Law
314	Enforcement if the cardholder is suspected of criminal
315	violations that could affect the security of a port or that
316	otherwise render the cardholder ineligible for port access, upon
317	suspicion that the person in possession of the card is using it,
318	or attempting to use it, fraudulently, or if restriction or
319	revocation is done to assure the security of any port or portion
320	thereof.
321	(6) Corporations, persons, or other business entities that
322	employ persons to work on, or do business at, seaports regulated
323	in s. 311.12 shall notify those seaports for which those
324	employees have access permissions in the event of the employee's
325	termination, resignation, work-related incapacitation, or death.
326	Uniform Port Access Credential Card accesses for persons not
327	currently employed to perform a job on a seaport shall be placed
328	in an inactive status. Upon notification of a work status
329	change, the port authority, or recognized governing board, shall
330	notify the department to have the credential card placed in an
331	inactive status. Inactive status shall continue until the
332	expiration of the credential card or reactivation of the card by
333	petition. The former employee may have the credential card
334	reactivated by petitioning a seaport. The port authority, or
335	recognized governing board, of any seaport may determine that
336	the individual is employed by another appropriate entity or is
337	self-employed for purposes of performing work on the seaport.
338	Upon that determination, the port authority, or recognized
339	governing board, may request reactivation of credentialing
340	permissions. All such cards may be restricted or revoked as
341	provided in subsection (5).
342	(7) Failure to report a change in work status, as defined
343	in this section, within 7 days after the action may result in
344	revocation of the business entity's access to the seaport.
345	(8) A Uniform Port Access Credential Card shall provide
346	access to all seaports identified in s. 311.09, as regulated in
347	s. 311.12. Each person working on a seaport, as regulated in s.
348	311.12(2), shall be issued a Uniform Port Access Credential Card
349	upon completion of the application process. A person working in
350	a restricted access area must meet the requirements of s.
351	311.12(3). The Uniform Port Access Credential Card shall be
352	clearly marked for visual verification of the cardholder's
353	permission for access to a restricted area, pursuant to
354	subsection (3). The card must contain biometric verification of
355	the cardholder's identity and proper access permissions.
356	Entrance to a restricted access area, as defined in s.
357	311.12(2), shall require a machine check and fingerprint
358	verification of each person's Uniform Port Access Credential
359	Card for proper identification. Exit from any restricted access
360	area of a seaport shall require a machine check of the
361	credential card.
362	(9) Each person not producing a Uniform Port Access
363	Credential Card upon arrival at a restricted area of a seaport
364	must, at a minimum, stop at a check point, show valid
365	identification, and receive a visitor's pass in order to
366	proceed. The visitor's pass must be plainly displayed on the
367	person of the visitor or in the windshield of the vehicle and
368	designate what area of the seaport may be accessed by the
369	visitor. Public conveyances such as buses carrying passengers
370	into restricted access areas must be able to verify that all
371	passengers have legitimate business on the seaport. Failure to
372	display the visitor's pass shall result in revocation of a
373	worker's permission to work on the seaport. Procedures for
374	implementation of this process is the responsibility of each
375	seaport.
376	(10) The price of a Uniform Port Access Credential Card
377	shall be set by the department and shall reflect the cost of the
378	required criminal history checks, including the cost of the
379	initial state and federal fingerprint check and the annual
380	criminal history check and the cost of production and issuance
381	of the card by the department. Seaports may charge an
382	additional administrative fee to cover the costs of issuing
383	credentials to its employees and persons doing business at the
384	seaport.
385	(11) Each Uniform Port Access Credential Card remains the
386	property of the State of Florida. Any person possessing such a
387	card shall provide it to any law enforcement officer upon
388	request. A law enforcement officer having reasonable suspicion
389	to believe that a card is possessed or is being used in
390	violation of law or the standards provided by this section, or
391	in any other manner that raises a concern about the safety and
392	security of a seaport, may seize the card. A cardholder has no
393	cause of action against any law enforcement officer who seizes a
394	Uniform Port Access Credential Card.
395	(12) Each seaport defined in s. 311.09 and required to
396	meet the minimum security standards set forth in s. 311.12 shall
397	comply with technology improvement requirements for the
398	activation of the Uniform Port Access Credential System no later
399	than July 1, 2004. Equipment and technology requirements shall
400	be specified by the department no later than July 1, 2003. The
401	system shall be implemented at the earliest possible time that
402	all seaports have active technology in place, but no later than
403	July 1, 2004.
404	(13) The "Port Security Standards Compliance Plan"
405	delivered to the Speaker of the House of Representatives and the
406	President of the Senate on December 11, 2000, pursuant to s.
407	311.12, shall be updated by the Department of Law Enforcement to
408	reflect the changes made by this act.
409	(14) This section shall be contingent on the receipt of
410	the federal grant funds necessary to implement the Uniform Port
411	Access Credential System.
412	Section 3. This act shall take effect upon becoming a law.
413
414
415	================= T I T L E A M E N D M E N T =================
416	Remove the entire title and insert:
417	A bill to be entitled
418	An act relating to seaport security; amending s. 311.12,
419	F.S., relating to seaport security standards; authorizing
420	the Department of Law Enforcement to exempt an inactive
421	seaport from certain requirements; revising circumstances
422	under which employment by or access to a seaport may be
423	denied; providing additional offenses that disqualify a
424	person from employment within or regular access to a
425	seaport or restricted access area; prohibiting a seaport
426	from imposing access restrictions that exceed the
427	statewide minimum requirements; creating s. 311.125, F.S.;
428	establishing the Uniform Port Access Credential System, to
429	be administered by the Department of Highway Safety and
430	Motor Vehicles; requiring seaports that are subject to
431	statewide minimum security standards to comply with the
432	system's requirements by a specified date; specifying
433	system requirements; providing requirements for the
434	Uniform Port Access Credential Card; requiring an initial
435	fingerprint-based criminal history check of card
436	applicants; requiring additional criminal history checks;
437	requiring employers to notify a seaport if an employee
438	having access is terminated, resigns, is incapacitated, or
439	dies; providing a procedure for placing a card in an
440	inactive status; providing for reactivation of a card;
441	authorizing revocation of a business entity's access to a
442	seaport upon failure to report a change in the work status
443	of an employee; providing requirements for access to
444	restricted areas within a seaport; providing requirements
445	for a visitor's pass to be issued by seaports; authorizing
446	seaports to charge for the cost of conducting criminal
447	history checks and issuing the Uniform Port Access
448	Credential Card; providing for seizure of a Uniform Port
449	Access Credential Card by a law enforcement officer under
450	certain circumstances; providing a timeframe for seaports
451	to comply with the requirements of the act; requiring the
452	Department of Law Enforcement to update a seaport security
453	compliance plan; providing that implementation is
454	contingent on the receipt of federal grant funds;
455	providing an effective date.
456