SENATE AMENDMENT
Bill No. CS for SB 2524
Amendment No. 1 Barcode 745120
CHAMBER ACTION
Senate House
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11 The Committee on Criminal Justice recommended the following
12 amendment:
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14 Senate Amendment (with title amendment)
15 On page 3, lines 15, through
16 page 9, line 3, delete those lines
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18 and insert:
19 (3)(a) A fingerprint-based criminal history check
20 shall be performed on any applicant for employment, every
21 current employee, and other persons as designated under
22 pursuant to the seaport security plan for each seaport. The
23 criminal history check shall be performed in connection with
24 employment within or other authorized regular access to a
25 restricted access area or the entire seaport if the seaport
26 security plan does not designate one or more restricted access
27 areas. With respect to employees or others with regular
28 access, the such checks shall be performed at least once every
29 5 years or at other more frequent intervals as provided by the
30 seaport security plan. Each individual subject to the
31 background criminal history check shall file a complete set of
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SENATE AMENDMENT
Bill No. CS for SB 2524
Amendment No. 1 Barcode 745120
1 fingerprints taken in a manner required by the Department of
2 Law Enforcement and the seaport security plan. Fingerprints
3 shall be submitted to the Department of Law Enforcement for
4 state processing and to the Federal Bureau of Investigation
5 for federal processing. The results of each fingerprint-based
6 check shall be reported to the requesting seaport. The costs
7 of the checks, consistent with s. 943.053(3), shall be paid by
8 the seaport or other employing entity or by the person
9 checked.
10 (b)1. By January 1, 2002, each seaport security plan
11 shall identify criminal convictions or other criminal history
12 factors consistent with paragraph (e) (c) which shall
13 disqualify a person from either initial seaport employment or
14 new authorization for regular access to seaport property or to
15 a restricted access area. These Such factors shall be used to
16 disqualify all applicants for employment or others seeking
17 regular access to the seaport or restricted access area on or
18 after January 1, 2002, and may be used to disqualify all those
19 employed or authorized for regular access on that date. Each
20 seaport security plan may establish a procedure to appeal a
21 denial of employment or access based upon procedural
22 inaccuracies or discrepancies regarding criminal history
23 factors established pursuant to this paragraph. A seaport may
24 allow waivers on a temporary basis to meet special or
25 emergency needs of the seaport or its users. Policies,
26 procedures, and criteria for implementation of this subsection
27 shall be included in the seaport security plan. All waivers
28 granted pursuant to this paragraph must be reported to the
29 Department of Law Enforcement within 30 days of issuance.
30 2. Notwithstanding this paragraph, when any person is
31 denied employment or access to a seaport on the basis that the
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SENATE AMENDMENT
Bill No. CS for SB 2524
Amendment No. 1 Barcode 745120
1 person does not meet the criminal history standards imposed by
2 this section, the person denied employment or access to the
3 seaport shall receive written notification of the denial from
4 the seaport stating the specific criminal history element or
5 factors forming the basis for the denial. The notification
6 shall include information explaining how the person may seek a
7 review of his criminal history through the Department of Law
8 Enforcement. The notice shall also inform the person that he
9 or she may request the seaport to reconsider the person's
10 request for employment or access if the person believes the
11 denial has been made in error or based upon an erroneous
12 criminal history entry that has subsequently been corrected.
13 The person may resubmit his or her request for employment or
14 access if the resubmission request demonstrates a belief that
15 the seaport made an error in initially interpreting the
16 person's criminal history, or the resubmission demonstrates
17 that the person's criminal history files have, subsequent to
18 the initial review and denial, been modified or corrected. A
19 request for resubmission must state with specificity the basis
20 upon which the person believes an error was made and why the
21 person believes he or she is not barred by the statutory
22 criminal history disqualifications. A seaport receiving a
23 resubmission shall promptly review the submission and
24 determine whether the person is or is not barred from
25 employment or access based on the person's criminal history
26 and the requirements of this section. The seaport's
27 determination after the secondary review shall be communicated
28 to the person in writing.
29 (c) In addition to other requirements for employment
30 or access established by each seaport under pursuant to its
31 seaport security plan, each seaport security plan shall
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SENATE AMENDMENT
Bill No. CS for SB 2524
Amendment No. 1 Barcode 745120
1 provide that:
2 1. Any person who has within the past 7 years been
3 convicted, regardless of whether adjudication was withheld,
4 for a forcible felony as defined in s. 776.08; an act of
5 terrorism as defined in s. 775.30; planting of a hoax bomb as
6 provided in s. 790.165; any violation involving the
7 manufacture, possession, sale, delivery, display, use, or
8 attempted or threatened use of a weapon of mass destruction or
9 hoax weapon of mass destruction as provided in s. 790.166;
10 dealing in stolen property; any violation of s. 893.135; any
11 violation involving the sale, manufacturing, delivery, or
12 possession with intent to sell, manufacture, or deliver a
13 controlled substance; burglary; robbery; any felony violation
14 of s. 812.014; any violation of s. 790.07; any crime an
15 element of which includes use or possession of a firearm; any
16 conviction for any similar offenses under the laws of another
17 jurisdiction; or conviction for conspiracy to commit any of
18 the listed offenses is shall not be qualified for initial
19 employment within or regular access to a seaport or restricted
20 access area; and
21 2. Any person who has at any time been convicted for
22 any of the listed offenses is shall not be qualified for
23 initial employment within or authorized regular access to a
24 seaport or restricted access area unless, after release from
25 incarceration and any supervision imposed as a sentence, the
26 person remained free from a subsequent conviction, regardless
27 of whether adjudication was withheld, for any of the listed
28 offenses for a period of at least 7 years prior to the
29 employment or access date under consideration. Provided,
30 however, that any worker holding credentials allowing regular
31 access as provided herein on June 3, 2003, who, but for the
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SENATE AMENDMENT
Bill No. CS for SB 2524
Amendment No. 1 Barcode 745120
1 increase from 5 to 7 years as implemented by chapter 2003-96,
2 Laws of Florida, and who is otherwise qualified for such
3 regular access shall not have qualified access denied. This
4 provision is repealed on June 4, 2005.
5 (d) By October 1 of each year, each seaport shall
6 report to the Department of Law Enforcement each determination
7 of denial of employment or access, and any determination to
8 authorize employment or access after an appeal of a denial and
9 any determination to issue a waiver made during the previous
10 12 months. The report shall include the identity of the
11 individual affected, the factors supporting the determination,
12 and any other material factors used in making the
13 determination.
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16 ================ T I T L E A M E N D M E N T ===============
17 And the title is amended as follows:
18 On page 1, lines 8 through 15, delete those lines
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20 and insert:
21 access area; providing that a person may
22 request the seaport denying employment or
23 access to reconsider its decision; providing
24 conditions for requesting reconsideration;
25 providing that certain
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