Senate Bill sb1820

    Florida Senate - 2004                                  SB 1820

    By the Committee on Home Defense, Public Security, and Ports





    318-1452-04

  1                      A bill to be entitled

  2         An act relating to seaport security standards;

  3         amending s. 311.12, F.S.; providing for

  4         legislative review of seaports not in

  5         substantial compliance with statewide minimum

  6         security standards by November 2005; providing

  7         an effective date.

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

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11         Section 1.  Subsection (4) of section 311.12, Florida

12  Statutes, is amended to read:

13         311.12  Seaport security standards.--

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

15  each affected seaport shall begin to implement its security

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

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

18  Law Enforcement may modify or waive any physical facility or

19  other requirement contained in the statewide minimum standards

20  for seaport security upon a finding or other determination

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

22  exceeded by the seaport requesting the modification or waiver.

23  Such modifications or waivers shall be noted in the annual

24  report submitted by the Department of Law Enforcement pursuant

25  to this subsection.

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

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

28  department, shall conduct no less than one annual unannounced

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

30  whether the seaport is meeting the minimum standards

31  established pursuant to this section, and to identify seaport

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    Florida Senate - 2004                                  SB 1820
    318-1452-04




 1  security changes or improvements necessary or otherwise

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

 3  designated by the department, may conduct additional announced

 4  or unannounced inspections or operations within or affecting

 5  any affected seaport to test compliance with, or the

 6  effectiveness of, security plans and operations at each

 7  seaport, to determine compliance with physical facility

 8  requirements and standards, or to assist the department in

 9  identifying changes or improvements necessary to bring a

10  seaport into compliance with the statewide minimum security

11  standards.

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

13  Department of Law Enforcement, in consultation with the Office

14  of Drug Control, shall complete a report indicating the

15  observations and findings of all inspections or operations

16  conducted during the year and any recommendations developed by

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

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

19  Speaker of the House of Representatives, and the chief

20  administrator of each seaport inspected. The report shall

21  include responses from the chief administrator of any seaport

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

23  planned to be taken in response to the recommendations,

24  observations, and findings reported by the department.

25         (e)  In making security project or other funding

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

27  Legislature may consider as authoritative the annual report of

28  the Department of Law Enforcement required by this section,

29  especially regarding each seaport's degree of substantial

30  compliance with the statewide minimum security standards

31  established by this section. The Legislature shall review any

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    Florida Senate - 2004                                  SB 1820
    318-1452-04




 1  seaport that is not in substantial compliance with the

 2  statewide minimum security standards by November 2005, as

 3  reported by the Department of Law Enforcement.

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

 5  law.

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 8                          SENATE SUMMARY

 9    Requires that the Legislature review any seaport that is
      not in substantial compliance with statewide minimum
10    security standards by November 2005.

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