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