Senate Bill sb1820er

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  1                                 

  2         An act relating to domestic security; amending

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

  4         review of seaports not in substantial

  5         compliance with statewide minimum security

  6         standards by November 2005; requiring the

  7         Legislature to review certain security costs;

  8         prohibiting the expenditure of state funds

  9         without certification of need by the Office of

10         Ports Administrator within the Department of

11         Law Enforcement; creating s. 1004.63, F.S.;

12         creating the Florida Institute for Nuclear

13         Detection and Security at the Department of

14         Nuclear Engineering and Radiological Sciences

15         at the University of Florida; specifying the

16         purpose of the institute; authorizing the

17         institute to accept funds and grant

18         allocations; providing for the appointment of a

19         board of advisors; providing for members;

20         providing an effective date.

21  

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

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

25  Statutes, is amended to read:

26         311.12  Seaport security standards.--

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

28  each affected seaport shall begin to implement its security

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

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

31  Law Enforcement may modify or waive any physical facility or


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 1  other requirement contained in the statewide minimum standards

 2  for seaport security upon a finding or other determination

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

 4  exceeded by the seaport requesting the modification or waiver.

 5  Such modifications or waivers shall be noted in the annual

 6  report submitted by the Department of Law Enforcement pursuant

 7  to this subsection.

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

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

10  department, shall conduct no less than one annual unannounced

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

12  whether the seaport is meeting the minimum standards

13  established pursuant to this section, and to identify seaport

14  security changes or improvements necessary or otherwise

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

16  designated by the department, may conduct additional announced

17  or unannounced inspections or operations within or affecting

18  any affected seaport to test compliance with, or the

19  effectiveness of, security plans and operations at each

20  seaport, to determine compliance with physical facility

21  requirements and standards, or to assist the department in

22  identifying changes or improvements necessary to bring a

23  seaport into compliance with the statewide minimum security

24  standards.

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

26  Department of Law Enforcement, in consultation with the Office

27  of Drug Control, shall complete a report indicating the

28  observations and findings of all inspections or operations

29  conducted during the year and any recommendations developed by

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

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


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 1  Speaker of the House of Representatives, and the chief

 2  administrator of each seaport inspected. The report shall

 3  include responses from the chief administrator of any seaport

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

 5  planned to be taken in response to the recommendations,

 6  observations, and findings reported by the department.

 7         (e)  In making security project or other funding

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

 9  Legislature may consider as authoritative the annual report of

10  the Department of Law Enforcement required by this section,

11  especially regarding each seaport's degree of substantial

12  compliance with the statewide minimum security standards

13  established by this section. The Legislature shall review any

14  seaport that is not in substantial compliance with the

15  statewide minimum security standards by November 2005, as

16  reported by the Department of Law Enforcement.

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

18  the ongoing costs of operational security on seaports, the

19  impacts of this section on those costs, mitigating factors

20  that may reduce costs without reducing security, and methods

21  by which seaports may implement operational security using a

22  combination of sworn law enforcement officers and private

23  security services.

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

25  appropriations made for seaport security, state funds may not

26  be expended for operational security costs without

27  certification of need for such expenditures by the Office of

28  Ports Administrator within the Department of Law Enforcement.

29         Section 2.  Section 1004.63, Florida Statutes, is

30  created to read:

31  


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    2004 Legislature                 CS for SB 1820, 1st Engrossed



 1         1004.63  Florida Institute for Nuclear Detection and

 2  Security (FINDS).--

 3         (1)  There is created the Florida Institute for Nuclear

 4  Detection and Security at the University of Florida to serve

 5  as a design-basis center for research, development, testing,

 6  and engineering projects that directly address and satisfy

 7  critical nuclear detection and security needs facing the state

 8  and the nation. The institute shall be established within the

 9  Department of Nuclear Engineering and Radiological Sciences at

10  the university and shall consist of faculty, support staff,

11  and other staff funded by state, federal, and private funds

12  collected for the purposes of the institute. The institute

13  shall be headed by a director who shall be appointed by the

14  Dean of the University of Florida College of Engineering,

15  serving at the pleasure of the Dean, and who shall possess a

16  national reputation in the field of nuclear sciences.

17         (2)  The institute shall solicit and receive state,

18  federal, and private funds for the purpose of conducting

19  research and development in the area of nuclear security

20  technology. The board shall ensure that the institute

21  maintains accurate records of any funds received by the

22  institute.

23         (3)  Activities of the institute shall include, but not

24  be limited to, the design and testing of innovative

25  interrogation, detection, and assessment devices for

26  monitoring nuclear material. Application areas shall include,

27  but not be limited to: portal monitoring, wide area search and

28  cargo screening applications; structural monitoring for

29  post-tensioned bridges; biological and agricultural

30  monitoring; and the development of nonproliferation policies.

31  


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 1         (4)  The institute shall explore development of devices

 2  for identification of isotopes and materials in structural,

 3  agricultural, and biological systems of various types.

 4         (5)  Through research and instructional programs, the

 5  faculty associated with the institute shall also contribute to

 6  the education and training of high-quality scientists and

 7  engineers in the application of engineering solutions in

 8  homeland security, detection, imaging, and interrogation of

 9  systems, and nonproliferation policy.

10         (6)(a)  The activities of the institute shall be

11  directed by the Florida Institute of Nuclear Detection and

12  Security (FINDS) Board of Advisors, who shall serve without

13  compensation and shall consist of eight members. Members of

14  the board of advisors shall include, but are not limited to, a

15  citizen of the State of Florida with interest in the area of

16  public security; a faculty member from FINDS; a scientist of

17  national reputation in the field of nuclear sciences; a

18  representative of the nuclear energy industry in Florida; a

19  representative of the national nuclear energy industry; a

20  representative of the Federal government programs in nuclear

21  energy or homeland security; a member of the Florida Senate

22  Committee on Home Defense, Public Security, and Ports or other

23  Senate standing committee of similar jurisdiction; and a

24  member of the Florida House Coordinating Committee on Public

25  Security or other House of Representatives standing committee

26  of similar jurisdiction.

27         (b)  Appointments for the initial terms shall be as

28  follows:

29         1.  Two members shall be appointed by the chair of the

30  University of Florida Department of Nuclear Engineering and

31  


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 1  Radiological Sciences and shall be appointed to a term of 3

 2  years;

 3         2.  Two members shall be appointed by the Dean of the

 4  University of Florida College of Engineering and shall be

 5  appointed to a term of 2 years;

 6         3.  Two members shall be appointed by the President of

 7  the University of Florida and shall be appointed to a term of

 8  3 years; and

 9         4.  Two members shall be appointed by the Governor and

10  shall be appointed to a term of 4 years.

11         (c)  Members may serve one additional 4-year term.

12         (d)  Board members shall serve without additional

13  compensation or honorarium and are authorized to receive only

14  per diem and reimbursement for travel expenses as provided in

15  s. 112.061.

16         (e)  The board may employ a director of the institute

17  who serves at the pleasure of the board. The director of FINDS

18  will be an ex officio member of the board of advisors.

19         (7)  At the FINDS Board of Advisors first meeting, the

20  chair of the Department of Nuclear Engineering at the

21  University of Florida will act as chair for the purpose of

22  convening the meeting, establishing the by-laws of the board,

23  and electing the chair of the board.

24         (8)  FINDS, through its board of advisors, shall submit

25  an annual report on its progress, with recommendations on

26  nuclear security and detection, to the Governor, the President

27  of the Senate, and the Speaker of the House of

28  Representatives. A copy of the report shall also be delivered

29  to the United States National Nuclear Security Administration

30  and the United States Department of Homeland Security. The

31  report must also include financial statements that include an


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 1  accounting of all state, federal, and private funds that are

 2  received by the institute, as well as an accounting of the

 3  expenditures of the institute. A copy of the financial

 4  statement shall also be provided to the Auditor General.

 5         Section 3.  This act shall take effect upon becoming a

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