HB 1683

1
A bill to be entitled
2An act relating to seaport security standards; amending s.
3311.12, F.S.; requiring that each seaport security plan
4have a procedure that notifies an individual that he or
5she is disqualified from employment within, or regular
6access to, a seaport or a seaport's restricted access
7area; requiring each plan to include a procedure by which
8the individual may appeal the decision of the seaport;
9directing a seaport to have its procedures in substantial
10compliance with federal regulations; providing criteria
11for seaports to consider for inclusion in procedures for
12appeals and waivers from disqualification; providing that
13an individual remain free from subsequent convictions for
145 years before seeking employment in, or access to, a
15seaport; requiring each seaport to report to the
16Department of Law Enforcement by a specified date the
17number of waivers from disqualification issued in the
18previous 12 months; amending s. 311.125, F.S.; conforming
19provisions to changes made by the act; reenacting s.
20315.02(6), F.S., relating to the definitions for the 1959
21Port Facilities Financing Law, for the purpose of
22incorporating the amendment to s. 311.12, F.S., in a
23reference thereto; providing an effective date.
24
25Be It Enacted by the Legislature of the State of Florida:
26
27     Section 1.  Section 311.12, Florida Statutes, is amended to
28read:
29     311.12  Seaport security standards.--
30     (1)(a)  The statewide minimum standards for seaport
31security for each seaport identified in s. 311.09 shall be those
32based upon the Florida Seaport Security Assessment 2000 and set
33forth in the "Port Security Standards--Compliance Plan"
34delivered to the Speaker of the House of Representatives and the
35President of the Senate on December 11, 2000, under pursuant to
36this section. The statewide minimum standards are hereby
37adopted. The Office of Drug Control within the Executive Office
38of the Governor shall maintain a sufficient number of copies of
39the standards for use of the public, at its offices, and shall
40provide copies to each affected seaport upon request.
41     (b)  The Department of Law Enforcement may exempt any
42seaport identified in s. 311.09 from all or part of the
43requirements of subsections (1)-(5) if the department determines
44that the seaport is not active. The department shall
45periodically review exempted seaports to determine if there is
46maritime activity at the seaport. A change in status from
47inactive to active may warrant removal of all or part of any
48exemption provided by the department.
49     (2)  Each seaport identified in s. 311.09 shall maintain a
50security plan relating to the specific and identifiable needs of
51the seaport which assures that the seaport is in substantial
52compliance with the statewide minimum standards established
53under pursuant to subsection (1). Each plan adopted or revised
54under pursuant to this subsection must be reviewed and approved
55by the Office of Drug Control and the Department of Law
56Enforcement. All such seaports shall allow unimpeded access by
57the Department of Law Enforcement to the affected facilities for
58purposes of inspections or other operations authorized by this
59section. Each seaport security plan may establish restricted
60access areas within the seaport consistent with the requirements
61of the statewide minimum standards. In these such cases, a
62Uniform Port Access Credential Card, authorizing restricted-area
63access, shall be required for any individual working within or
64authorized to regularly enter a restricted access area and the
65requirements in subsection (3) relating to criminal history
66checks and employment restrictions shall be applicable only to
67employees or other persons working within or authorized to
68regularly enter a restricted access area. Every seaport security
69plan shall set forth the conditions and restrictions to be
70imposed upon others visiting the port or any restricted access
71area sufficient to provide substantial compliance with the
72statewide minimum standards.
73     (3)(a)  A fingerprint-based criminal history check shall be
74performed on any applicant for employment, every current
75employee, and other persons as designated under pursuant to the
76seaport security plan for each seaport. The criminal history
77check shall be performed in connection with employment within or
78other authorized regular access to a restricted access area or
79the entire seaport if the seaport security plan does not
80designate one or more restricted access areas. With respect to
81employees or others with regular access, the such checks shall
82be performed at least once every 5 years or at other more
83frequent intervals as provided by the seaport security plan.
84Each individual subject to the background criminal history check
85shall file a complete set of fingerprints taken in a manner
86required by the Department of Law Enforcement and the seaport
87security plan. Fingerprints shall be submitted to the Department
88of Law Enforcement for state processing and to the Federal
89Bureau of Investigation for federal processing. The results of
90each fingerprint-based check shall be reported to the requesting
91seaport. The costs of the checks, consistent with s. 943.053(3),
92shall be paid by the seaport or other employing entity or by the
93person checked.
94     (b)  By January 1, 2002, each seaport security plan shall
95identify criminal convictions or other criminal history factors
96consistent with paragraph (e) (c) which shall disqualify a
97person from either initial seaport employment or new
98authorization for regular access to seaport property or to a
99restricted access area. These Such factors shall be used to
100disqualify all applicants for employment or others seeking
101regular access to the seaport or restricted access area on or
102after January 1, 2002, and may be used to disqualify all those
103employed or authorized for regular access on that date. Each
104seaport security plan may establish a procedure to appeal a
105denial of employment or access based upon procedural
106inaccuracies or discrepancies regarding criminal history factors
107established pursuant to this paragraph. A seaport may allow
108waivers on a temporary basis to meet special or emergency needs
109of the seaport or its users. Policies, procedures, and criteria
110for implementation of this subsection shall be included in the
111seaport security plan. All waivers granted pursuant to this
112paragraph must be reported to the Department of Law Enforcement
113within 30 days of issuance.
114     (c)  Each seaport security plan shall establish a procedure
115that notifies an individual that he or she is disqualified for
116employment within or regular access to a seaport or restricted
117access area. The plan shall also include a procedure by which
118the individual may appeal the decision of the seaport. The
119procedures must be in substantial compliance with 49 C.F.R.,
120Part 1572, and must include, but need not be limited to, the
121following:
122     1.  The seaport must notify the individual, in writing,
123that he or she poses a security threat to the seaport and is
124disqualified for employment in or access to the seaport. The
125notification must include a statement that the seaport has
126determined that the individual poses a security threat
127warranting disqualification, the basis for the determination,
128and information about the correction of records and appeal
129procedures.
130     2.  An individual may appeal a disqualification
131determination only if the individual asserts that he or she
132meets the qualifications set by the seaport for the position for
133which he or she is applying. If the disqualification
134determination is based on a conviction for a disqualifying crime
135listed in paragraph (e), the individual may present evidence
136that the underlying criminal record is incorrect, or that the
137conviction was pardoned, expunged, or overturned on appeal. An
138executive pardon, expungement, or overturned conviction may
139nullify a disqualifying conviction if the pardon, expungement,
140or overturned conviction does not impose any restrictions on the
141individual.
142     3.  An individual may initiate an appeal of a
143disqualification determination by submitting a written request
144for materials or a written reply to the seaport within 15 days
145after receiving notification of the disqualification
146determination. If the individual does not initiate an appeal
147within that time, the decision of the seaport is final.
148     4.  The individual may serve upon the seaport a written
149request for copies of the materials upon which the
150disqualification determination was based. If the
151disqualification determination was based on a state or Federal
152Bureau of Investigation criminal history record that the
153individual believes is erroneous, the individual may correct the
154record and submit the corrections to the seaport. The seaport
155must respond within 30 days after receiving the individual's
156request for materials. The seaport must give the individual a
157copy of the releasable materials upon which the disqualification
158determination was based. The seaport may not include any
159classified information as provided by federal law.
160     5.  The individual may also serve on the seaport a written
161reply to the disqualification determination stating that the
162seaport made errors when it issued the disqualification
163determination.
164     6.  The seaport must respond to the individual's appeal no
165later than 30 days after the seaport receives an individual's
166request. If the seaport determines that the individual does pose
167a security threat, the seaport shall give written notice to the
168individual of its final decision that the individual is
169disqualified for employment in or access to the seaport. If,
170upon reconsideration, the seaport concludes that the individual
171does not pose a security threat to the seaport, the seaport must
172notify the individual in writing of its decision. Thereafter,
173the seaport shall issue to the individual the appropriate
174Uniform Port Access Credential Card.
175     7.  If the seaport determines that the individual does pose
176a security threat, the seaport must include in its written
177notice of disqualification that the seaport's decision is final
178agency action subject to judicial review under s. 120.68.
179     (d)  A seaport may allow waivers on a temporary basis to
180meet special or emergency needs of the seaport or its users.
181Policies, procedures, and criteria for implementation of this
182paragraph must be included in the seaport security plan. The
183seaport must consider, when determining whether to grant a
184waiver, if the disqualification is based on a disqualifying
185criminal offense, the circumstances of the disqualifying act or
186offense, whether restitution was made by the individual, and
187other factors that indicate that the individual does not
188otherwise pose a security threat warranting disqualification for
189access to the seaport. The seaport must send a written notice to
190the individual informing the individual whether the seaport
191granted or denied the request for a waiver. All waivers granted
192under this paragraph must be reported to the Department of Law
193Enforcement within 30 days after issuance.
194     (e)(c)  In addition to other requirements for employment or
195access established by each seaport under pursuant to its seaport
196security plan, each seaport security plan shall provide that:
197     1.  Any person who has within the past 7 years been
198convicted, regardless of whether adjudication was withheld, for
199a forcible felony as defined in s. 776.08; an act of terrorism
200as defined in s. 775.30; planting of a hoax bomb as provided in
201s. 790.165; any violation involving the manufacture, possession,
202sale, delivery, display, use, or attempted or threatened use of
203a weapon of mass destruction or hoax weapon of mass destruction
204as provided in s. 790.166; dealing in stolen property; any
205violation of s. 893.135; any violation involving the sale,
206manufacturing, delivery, or possession with intent to sell,
207manufacture, or deliver a controlled substance; burglary;
208robbery; any felony violation of s. 812.014; any violation of s.
209790.07; any crime an element of which includes use or possession
210of a firearm; any conviction for any similar offenses under the
211laws of another jurisdiction; or conviction for conspiracy to
212commit any of the listed offenses is shall not be qualified for
213initial employment within or regular access to a seaport or
214restricted access area; and
215     2.  Any person who has at any time been convicted for any
216of the listed offenses is shall not be qualified for initial
217employment within or authorized regular access to a seaport or
218restricted access area unless, after release from incarceration
219and any supervision imposed as a sentence, the person remained
220free from a subsequent conviction, regardless of whether
221adjudication was withheld, for any of the listed offenses for a
222period of 5 at least 7 years before prior to the employment or
223access date under consideration.
224     (f)(d)  By October 1 of each year, each seaport shall
225report to the Department of Law Enforcement each determination
226of denial of employment or access, and any determination to
227authorize employment or access after an appeal of a denial and
228any determination to issue a waiver made during the previous 12
229months. The report shall include the identity of the individual
230affected, the factors supporting the determination, and any
231other material factors used in making the determination.
232     (4)(a)  Subject to the provisions of subsection (6), each
233affected seaport shall begin to implement its security plan
234developed under this section by July 1, 2001.
235     (b)  The Office of Drug Control and the Department of Law
236Enforcement may modify or waive any physical facility or other
237requirement contained in the statewide minimum standards for
238seaport security upon a finding or other determination that the
239purposes of the standards have been reasonably met or exceeded
240by the seaport requesting the modification or waiver. The Such
241modifications or waivers shall be noted in the annual report
242submitted by the Department of Law Enforcement under pursuant to
243this subsection.
244     (c)  Beginning with the 2001-2002 fiscal year, the
245Department of Law Enforcement, or any entity designated by the
246department, shall conduct no less than one annual unannounced
247inspection of each seaport listed in s. 311.09 to determine
248whether the seaport is meeting the minimum standards established
249under pursuant to this section, and to identify seaport security
250changes or improvements necessary or otherwise recommended. The
251Department of Law Enforcement, or any entity designated by the
252department, may conduct additional announced or unannounced
253inspections or operations within or affecting any affected
254seaport to test compliance with, or the effectiveness of,
255security plans and operations at each seaport, to determine
256compliance with physical facility requirements and standards, or
257to assist the department in identifying changes or improvements
258necessary to bring a seaport into compliance with the statewide
259minimum security standards.
260     (d)  By December 31, 2001, and annually thereafter, the
261Department of Law Enforcement, in consultation with the Office
262of Drug Control, shall complete a report indicating the
263observations and findings of all inspections or operations
264conducted during the year and any recommendations developed by
265reason of these such inspections. A copy of the report shall be
266provided to the Governor, the President of the Senate, the
267Speaker of the House of Representatives, and the chief
268administrator of each seaport inspected. The report shall
269include responses from the chief administrator of any seaport
270indicating what actions, if any, have been taken or are planned
271to be taken in response to the recommendations, observations,
272and findings reported by the department.
273     (e)  In making security project or other funding decisions
274applicable to each seaport listed in s. 311.09, the Legislature
275may consider as authoritative the annual report of the
276Department of Law Enforcement required by this section,
277especially regarding each seaport's degree of substantial
278compliance with the statewide minimum security standards
279established by this section.
280     (5)  Nothing in This section does not prevent shall be
281construed as preventing any seaport from implementing security
282measures that are more stringent, greater than, or supplemental
283to the statewide minimum standards established by this section
284except that, for purposes of employment and access, each seaport
285shall adhere to the requirements provided in paragraph (3)(e)
286(3)(c) and may shall not exceed statewide minimum requirements.
287     (6)  When funds are appropriated for seaport security, the
288Office of Drug Control and the Florida Seaport Transportation
289and Economic Development Council shall mutually determine the
290allocation of these such funds for security project needs
291identified in the approved seaport security plans required by
292this section. Any seaport that receives state funds for security
293projects must enter into a joint participation agreement with
294the appropriate state entity and must use the seaport security
295plan developed under pursuant to this section as the basis for
296the agreement. If funds are made available over more than one
297fiscal year, the such agreement must reflect the entire scope of
298the project approved in the security plan and, as practicable,
299allow for reimbursement for authorized projects over more than 1
300year. The joint participation agreement may include specific
301timeframes for completion of a security project and the
302applicable funding reimbursement dates. The joint participation
303agreement may also require a contractual penalty, not to exceed
304$1,000 per day, to be imposed for failure to meet project
305completion dates provided state funding is available. Any such
306penalty shall be deposited into the State Transportation Trust
307Fund to be used for seaport security operations and capital
308improvements.
309     Section 2.  Section 311.125, Florida Statutes, is amended
310to read:
311     311.125  Uniform Port Access Credential System.--
312     (1)  By July 1, 2004, each seaport identified in s. 311.09
313and subject to the statewide minimum seaport security standards
314set forth in s. 311.12 shall be required to use a Uniform Port
315Access Credential Card that is to be used utilized in the
316operation of the state Uniform Port Access Credential System as
317required herein. All Uniform Port Access Credential Cards shall
318be issued by the Department of Highway Safety and Motor Vehicles
319to the designated port authority, or recognized governing board,
320of the requesting seaport for distribution to the credential
321applicant.
322     (2)(a)  The Department of Highway Safety and Motor
323Vehicles, in consultation with the Department of Law
324Enforcement, the Florida Seaport Transportation and Economic
325Development Council, the Florida Trucking Association, and the
326United States Transportation Security Administration shall
327develop a Uniform Port Access Credential System for use in
328onsite verification of access authority for all persons on a
329seaport as defined in s. 311.12(2), using utilizing the Uniform
330Port Access Credential Card as authorized herein. Each seaport,
331in a manner consistent with the "Port Security Standards
332Compliance Plan" delivered to the Speaker of the House of
333Representatives and the President of the Senate on December 11,
3342000, under pursuant to s. 311.12, and this section, is
335responsible for granting, restricting, or modifying access
336authority provided to each Uniform Port Access Credential Card
337holder and promptly communicating the levels of access or
338changes in the level of access to the department for its use in
339administering the Uniform Port Access Credential System. Each
340seaport is responsible for the proper operation and maintenance
341of the Uniform Port Access Credential Card reader and access
342verification utilizing the Uniform Port Access Credential System
343at its location. The Uniform Port Access Credential Card reader
344and Uniform Port Access Credential System shall be used utilized
345by each seaport to ensure compliance with the access
346restrictions provided by s. 311.12.
347     (b)  The system shall be designed to conform, as closely as
348possible, with criteria established by the United States
349Transportation Security Administration for a Transportation
350Worker Identification Card, or similar identification, as
351required by federal law.  The system shall, at a minimum,
352consist of:
353     1.  A centralized, secure database for collecting and
354maintaining fingerprints and other biometric means of identity,
355and other information pertaining to personal identification of
356persons working on, or doing business at, a Florida seaport as
357set forth in s. 311.12;
358     2.  A methodology for receiving data from each port and
359transmitting data to each port regarding access permissions;
360     3.  Technology required for each gate and portal at each
361seaport to be interactive with the Uniform Port Access
362Credential System during all hours of operation;
363     4.  The ability to identify persons who have violated the
364access requirements of s. 311.12 and to deactivate the access
365permissions of those persons; and
366     5.  The ability to use utilize the Uniform Port Access
367Credential Card in a manner consistent herein.
368
369The Such system shall be designed to ensure the credentialed
370cardholders' privacy in a manner consistent with the state's
371security requirements as provided herein.
372     (3)  The Uniform Port Access Credential Card must include
373at a minimum a digital fullface photograph, a digital
374fingerprint, a multilayered security process, a two-dimensional
375barcode with technology specifications that will allow the
376unique biometric identifiers to reside in the barcode, a unique
377identifying code or number, scanning capability to compare
378required identifiers with information on file in the central
379database, and background color differentials for visual
380identification of access permissions.
381     (4)  A fingerprint-based criminal history check shall be
382performed on an applicant for a Uniform Port Access Credential
383Card as provided in s. 311.12(3). Based upon review of the
384criminal history check, each seaport may determine the specific
385access permissions that will be granted to that applicant. Upon
386receipt of a port authority "Notification of Access Permission"
387form and a verification of the criminal history check, the
388department shall issue a Uniform Port Access Credential Card to
389the port authority for distribution to the applicant.
390     (5)  A Uniform Port Access Credential Card is valid for 4
391years following the date of issuance.  Criminal history checks
392may be performed on a random basis, but at least once a year,
393during the period that the such credential card is active to
394ensure that the credential holder complies with the requirements
395for access to restricted areas provided in s. 311.12(3). Failure
396to complete any part of the required credential application
397process, or failure to comply with the criminal history
398clearances, shall be grounds for immediate denial of access. In
399addition to access authority granted to seaports, access
400authority may be restricted or revoked by the Department of
401Highway Safety and Motor Vehicles or the Department of Law
402Enforcement if the cardholder is suspected of criminal
403violations that could affect the security of a port or that
404otherwise render the cardholder ineligible for port access, upon
405suspicion that the person in possession of the card is using it,
406or attempting to use it, fraudulently, or if restriction or
407revocation is done to assure the security of any port or portion
408thereof.
409     (6)  Corporations, persons, or other business entities that
410employ persons to work on, or do business at, seaports regulated
411in s. 311.12 shall notify those seaports for which those
412employees have access permissions in the event of the employee's
413termination, resignation, work-related incapacitation, or death.
414Uniform Port Access Credential Card accesses for persons not
415currently employed to perform a job on a seaport shall be placed
416in an inactive status. Upon notification of a work status
417change, the port authority, or recognized governing board, shall
418notify the department to have the credential card placed in an
419inactive status.  Inactive status shall continue until the
420expiration of the credential card or reactivation of the card by
421petition. The former employee may have the credential card
422reactivated by petitioning a seaport. The port authority, or
423recognized governing board, of any seaport may determine that
424the individual is employed by another appropriate entity or is
425self-employed for purposes of performing work on the seaport.
426Upon that determination, the port authority, or recognized
427governing board, may request reactivation of credentialing
428permissions. All these such cards may be restricted or revoked
429as provided in subsection(5).
430     (7)  Failure to report a change in work status, as defined
431in this section, within 7 days after the action may result in
432revocation of the business entity's access to the seaport.
433     (8)  Each person working on a seaport, as regulated in s.
434311.12(2), shall be issued a Uniform Port Access Credential Card
435upon completion of the application process. Upon issuance of the
436Uniform Port Access Credential Card, the cardholder is eligible
437to enter a seaport in the system based on the level of
438permission allowed by each respective seaport. A person working
439in a restricted access area must meet the requirements of s.
440311.12(3). The Uniform Port Access Credential Card shall be
441clearly marked for visual verification of the cardholder's
442permission for access to a restricted area, under pursuant to
443subsection (3). The card must contain biometric verification of
444the cardholder's identity and proper access permissions.
445Entrance to a restricted access area, as defined in s.
446311.12(2), shall require a machine check and fingerprint
447verification of each person's Uniform Port Access Credential
448Card for proper identification. Exit from any restricted access
449area of a seaport shall require a machine check of the
450credential card.
451     (9)  Each person not producing a Uniform Port Access
452Credential Card upon arrival at a restricted area of a seaport
453must, at a minimum, stop at a check point, show valid
454identification, and receive a visitor's pass in order to
455proceed. The visitor's pass must be plainly displayed on the
456person of the visitor or in the windshield of the vehicle and
457designate what area of the seaport may be accessed by the
458visitor. Failure to display the visitor's pass shall result in
459revocation of a worker's permission to work on the seaport.
460Public conveyances such as buses carrying passengers into
461restricted access areas must be able to verify that all
462passengers have legitimate business on the seaport. Procedures
463for implementation of this process are the responsibility of
464each seaport.
465     (10)  The price of a Uniform Port Access Credential Card
466shall be set by the department and shall reflect the cost of the
467required criminal history checks, including the cost of the
468initial state and federal fingerprint check and the annual
469criminal history check and the cost of production and issuance
470of the card by the department. A seaport may charge an
471additional administrative fee to cover the costs of issuing
472credentials to its employees and persons doing business at the
473seaport.
474     (11)  Each Uniform Port Access Credential Card remains the
475property of the State of Florida. Any person possessing such a
476card shall provide it to any law enforcement officer upon
477request. A law enforcement officer having reasonable suspicion
478to believe that a card is possessed or is being used in
479violation of law or the standards provided by this section, or
480in any other manner that raises a concern about the safety and
481security of a seaport, may seize the card. A cardholder has no
482cause of action against any law enforcement officer who seizes a
483Uniform Port Access Credential Card.
484     (12)  Each seaport defined in s. 311.09 and required to
485meet the minimum security standards set forth in s. 311.12 shall
486comply with technology improvement requirements for the
487activation of the Uniform Port Access Credential System no later
488than July 1, 2004. Equipment and technology requirements for the
489system shall be specified by the department no later than July
4901, 2003. The system shall be implemented at the earliest
491possible time that all seaports have active technology in place,
492but no later than July 1, 2004.
493     (13)  The "Port Security Standards Compliance Plan"
494delivered to the Speaker of the House of Representatives and the
495President of the Senate on December 11, 2000, under pursuant to
496s. 311.12, shall be updated by the Department of Law Enforcement
497to reflect the changes made by this act.
498     (14)  This section shall be contingent on the receipt of
499the federal grant funds necessary to implement the Uniform Port
500Access Credential System.
501     Section 3.  For the purpose of incorporating the amendment
502to section 311.12, Florida Statutes, in a reference thereto,
503subsection (6) of section 315.02, Florida Statutes, is reenacted
504to read:
505     315.02  Definitions.--As used in this law, the following
506words and terms shall have the following meanings:
507     (6)  The term "port facilities" shall mean and shall
508include harbor, shipping, and port facilities, and improvements
509of every kind, nature, and description, including, but without
510limitation, channels, turning basins, jetties, breakwaters,
511public landings, wharves, docks, markets, parks, recreational
512facilities, structures, buildings, piers, storage facilities,
513including facilities that may be used for warehouse, storage,
514and distribution of cargo transported or to be transported
515through an airport or port facility, security measures
516identified pursuant to s. 311.12, public buildings and plazas,
517anchorages, utilities, bridges, tunnels, roads, causeways, and
518any and all property and facilities necessary or useful in
519connection with the foregoing, and any one or more or any
520combination thereof and any extension, addition, betterment, or
521improvement of any thereof.
522     Section 4.  This act shall take effect July 1, 2004.


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