Senate Bill sb1820c1

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    Florida Senate - 2004                           CS for SB 1820

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





    318-2425-04

  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; requiring

  7         the Legislature to review certain security

  8         costs; prohibiting the expenditure of state

  9         funds without certification of need by the

10         Office of Ports Administrator within the

11         Department of Law Enforcement; providing an

12         effective date.

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

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

17  Statutes, is amended to read:

18         311.12  Seaport security standards.--

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

20  each affected seaport shall begin to implement its security

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

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

23  Law Enforcement may modify or waive any physical facility or

24  other requirement contained in the statewide minimum standards

25  for seaport security upon a finding or other determination

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

27  exceeded by the seaport requesting the modification or waiver.

28  Such modifications or waivers shall be noted in the annual

29  report submitted by the Department of Law Enforcement pursuant

30  to this subsection.

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    Florida Senate - 2004                           CS for SB 1820
    318-2425-04




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

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

 3  department, shall conduct no less than one annual unannounced

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

 5  whether the seaport is meeting the minimum standards

 6  established pursuant to this section, and to identify seaport

 7  security changes or improvements necessary or otherwise

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

 9  designated by the department, may conduct additional announced

10  or unannounced inspections or operations within or affecting

11  any affected seaport to test compliance with, or the

12  effectiveness of, security plans and operations at each

13  seaport, to determine compliance with physical facility

14  requirements and standards, or to assist the department in

15  identifying changes or improvements necessary to bring a

16  seaport into compliance with the statewide minimum security

17  standards.

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

19  Department of Law Enforcement, in consultation with the Office

20  of Drug Control, shall complete a report indicating the

21  observations and findings of all inspections or operations

22  conducted during the year and any recommendations developed by

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

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

25  Speaker of the House of Representatives, and the chief

26  administrator of each seaport inspected. The report shall

27  include responses from the chief administrator of any seaport

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

29  planned to be taken in response to the recommendations,

30  observations, and findings reported by the department.

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    Florida Senate - 2004                           CS for SB 1820
    318-2425-04




 1         (e)  In making security project or other funding

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

 3  Legislature may consider as authoritative the annual report of

 4  the Department of Law Enforcement required by this section,

 5  especially regarding each seaport's degree of substantial

 6  compliance with the statewide minimum security standards

 7  established by this section. The Legislature shall review any

 8  seaport that is not in substantial compliance with the

 9  statewide minimum security standards by November 2005, as

10  reported by the Department of Law Enforcement.

11         (f)  By December 31, 2004, the Legislature shall review

12  the ongoing costs of operational security on seaports, the

13  impacts of this section on those costs, mitigating factors

14  that may reduce costs without reducing security, and methods

15  by which seaports may implement operational security using a

16  combination of sworn law enforcement officers and private

17  security services.

18         (g)  Subject to the provisions of this chapter and

19  appropriations made for seaport security, state funds may not

20  be expended for operational security costs without

21  certification of need for such expenditures by the Office of

22  Ports Administrator within the Department of Law Enforcement.

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

24  law.

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    Florida Senate - 2004                           CS for SB 1820
    318-2425-04




 1          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
 2                         Senate Bill 1820

 3                                 

 4  Provides for a legislative review to be completed by December
    31, 2004, to review the ongoing operational security costs on
 5  seaports, the impacts of minimum security standards on those
    costs, mitigating factors that may reduce such costs without
 6  reducing security, and methods of operational security using a
    combination of sworn law enforcement officers and private
 7  security services.

 8  Provides that no state funds may be expended for operational
    security costs without certification of need for such
 9  expenditures by the Office of the Ports Administrator within
    the Department of Law Enforcement.
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