Senate Bill sb1062c2

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    Florida Senate - 2005                    CS for CS for SB 1062

    By the Committees on Criminal Justice; and Domestic Security





    591-2179-05

  1                      A bill to be entitled

  2         An act relating to seaport security; amending

  3         s. 311.12, F.S.; requiring that the Department

  4         of Law Enforcement establish a waiver process

  5         for allowing an individual, who is otherwise

  6         unqualified, to be allowed unescorted access to

  7         a seaport or restricted access area; requiring

  8         that the administrative staff of the Parole

  9         Commission review the facts of the waiver

10         application and transmit the findings to the

11         Department of Law Enforcement; requiring the

12         department to make a final disposition of the

13         application and notify the applicant and the

14         port authority that denied employment to the

15         applicant; exempting the review from ch. 120,

16         F.S.; creating s. 311.121, F.S.; authorizing

17         the seaport authority or governing board of

18         certain seaports to require that seaport

19         security officers receive additional training

20         and certification; providing legislative intent

21         relating to mitigation of operational security

22         costs at seaports; requiring the department to

23         apply such intent; providing eligibility

24         requirements for such certification; creating

25         the Seaport Security Officer Qualifications,

26         Training, and Standards Steering Committee to

27         develop the curriculum for the training

28         program; providing for the membership of the

29         steering committee; requiring the Department of

30         Education to implement the training curriculum;

31         authorizing the substitution of training

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    Florida Senate - 2005                    CS for CS for SB 1062
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 1         equivalencies; requiring an examination;

 2         providing requirements for certification

 3         renewal; providing requirements for schools

 4         that offer training for seaport security

 5         officers; providing for issuance of a license

 6         indicating that the licensee is certified as a

 7         seaport security officer; creating s. 311.122,

 8         F.S.; authorizing a seaport security officer to

 9         take into custody any person whom the officer

10         has cause to believe is trespassing in a

11         restricted access area; providing that such

12         officer is not criminally or civilly liable for

13         taking such action; creating s. 311.123, F.S.;

14         requiring that the Florida Seaport

15         Transportation and Economic Development

16         Council, in conjunction with the Department of

17         Law Enforcement and the Governor's Office of

18         Drug Control, create a maritime domain

19         awareness training program; providing purposes

20         of the program; providing requirements for the

21         curriculum; providing an effective date.

22  

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

24  

25         Section 1.  Paragraph (e) is added to subsection (3) of

26  section 311.12, Florida Statutes, to read:

27         311.12  Seaport security standards.--

28         (3)

29         (e)  The Department of Law Enforcement shall establish

30  a waiver process for allowing unescorted access to an

31  individual who is found to be unqualified under paragraph (c)

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    Florida Senate - 2005                    CS for CS for SB 1062
    591-2179-05




 1  and denied employment by a seaport. The waiver consideration

 2  shall be based on the circumstances of any disqualifying act

 3  or offense, restitution made by the individual, and other

 4  factors from which it may be determined that the individual

 5  does not pose a risk of engaging in theft, drug trafficking,

 6  or terrorism within the public seaports regulated under this

 7  chapter or of harming the residents of this state. The waiver

 8  process shall begin when an individual who has been denied

 9  initial employment within or regular unescorted access to

10  restricted areas on a public seaport as described in paragraph

11  (c) submits an application for a waiver, along with a

12  notarized letter or affidavit from the individual's employer

13  or union representative, which states the mitigating reasons

14  for initiating the waiver process. No later than 90 days after

15  receipt of the application, the administrative staff of the

16  Parole Commission shall conduct a factual review of the waiver

17  application. Findings of fact shall be transmitted to the

18  Department of Law Enforcement for review. The department shall

19  make a copy of those findings available to the applicant

20  before final disposition of the waiver request. The department

21  shall make a final disposition of the waiver request based on

22  the factual findings of the investigation by the Parole

23  Commission. The port authority that originally denied

24  employment and the waiver applicant shall be notified of the

25  final disposition of the waiver application by the department.

26  This review process is exempt from chapter 120.

27         Section 2.  Section 311.121, Florida Statutes, is

28  created to read:

29         311.121  Qualifications, training, and certification of

30  licensed security officers working on Florida seaports.--

31  

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    Florida Senate - 2005                    CS for CS for SB 1062
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 1         (1)  Each seaport authority or governing board of a

 2  seaport identified in s. 311.09 which is subject to the

 3  statewide minimum seaport security standards set forth in s.

 4  311.12 may require that security officers working on the

 5  seaport receive additional training and certification as a

 6  seaport security officer. In accordance with s. 311.12(4), it

 7  is the intent of the Legislature to provide seaports in this

 8  state with the ability to mitigate operational security costs

 9  without reducing security through a combination of sworn law

10  enforcement officers and certified private security services

11  as provided in this section. To the maximum extent feasible,

12  the Florida Department of Law Enforcement shall apply this

13  intent in achieving the security requirements as required in

14  s. 311.12.

15         (2)  Any person who has received a Class D license as a

16  security officer pursuant to chapter 493 and successfully

17  completed the entire certified training curriculum for a Class

18  D license, or who has been determined to have equivalent

19  experience by the Department of Agriculture and Consumer

20  Services, is eligible to complete training and testing to

21  become certified as a seaport security officer. As used in

22  this subsection, the term "equivalent experience" means

23  experience that is substantially identical and equal in force,

24  power, and effect or import as the experience gained by

25  personal knowledge and activity for the required period of

26  time performing the type of service permitted under the

27  license for which application is made. The department shall

28  have final authority over any determination of equivalent

29  experience.

30         (3)  The curriculum for the seaport security officer

31  training program shall be developed by the Seaport Security

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    Florida Senate - 2005                    CS for CS for SB 1062
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 1  Officer Qualifications, Training, and Standards Steering

 2  Committee. The curriculum must conform to the model courses

 3  for facility personnel with specific security duties which

 4  have been approved by the federal Maritime Administration

 5  under Section 109 of the federal Maritime Transportation

 6  Security Act of 2002. The steering committee shall meet at

 7  least once each year to update or modify the curriculum.

 8  Members of the Steering Committee shall be appointed by the

 9  Department of Law Enforcement. Members shall serve for the

10  duration of their employment or appointment in a specified

11  position, or for a term of 4 years if not designated by title

12  to a specified position. The members of the steering committee

13  shall be the Seaport Administrator of the Department of Law

14  Enforcement, the Chancellor of the Community College System,

15  the Director of the Division of Licensing of the Department of

16  Agriculture and Consumer Services, the Administrator of the

17  Florida Seaport Transportation and Economic Development

18  Council, two seaport security directors from ports designated

19  in s. 311.09, one director of a state law enforcement academy,

20  one representative of a local law enforcement agency, two

21  representatives of contract security services, one

22  representative of the Division of Driver Licenses of the

23  Department of Highway Safety and Motor Vehicles, and one

24  representative of the United States Coast Guard.

25         (4)  The Department of Education shall be responsible

26  for implementing the curriculum recommendations of the Seaport

27  Security Officer Qualifications, Training, and Standards

28  Steering Committee in order to provide a training program for

29  certified seaport security officers which shall be used by

30  licensed schools pursuant to s. 493.6304. Each instructor

31  providing training must hold a Class DI license pursuant to s.

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    Florida Senate - 2005                    CS for CS for SB 1062
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 1  493.6301. A seaport authority or other organization involved

 2  in seaport-related activities may apply to become a licensed

 3  school pursuant to s. 493.6304.

 4         (5)  The Seaport Security Officer Qualifications,

 5  Training, and Standards Steering Committee may consider

 6  training equivalencies that may be substituted for the

 7  required training. These equivalencies must be established and

 8  made known to persons seeking certification in advance of

 9  training. A candidate for certification as a seaport security

10  officer shall be required to successfully pass a proficiency

11  examination.

12         (6)  Persons who successfully complete the training, or

13  training equivalency, and pass the examination shall receive a

14  State of Florida Seaport Security Officer Certificate. This

15  certificate authorizes the bearer to represent that he or she

16  is qualified to perform duties specifically required of a

17  seaport security officer. The certificate shall remain valid

18  for the duration of an active Class D license and shall be

19  considered renewed upon proper renewal of the Class D license.

20  The certificate becomes void if the Class D license is revoked

21  or allowed to lapse for more than 1 year. Renewal of

22  certification following revocation or a lapse of longer than 1

23  year of a Class D license requires, at a minimum,

24  reexamination of the applicant.

25         (7)  A State of Florida Seaport Security Officer

26  Certificate may be issued by a school licensed pursuant to s.

27  493.6304 upon a person's successful completion of the training

28  curriculum, proof of any applicable training equivalencies,

29  and passage of a proficiency examination. The certificate

30  shall be provided by the Department of Agriculture and

31  Consumer Services for issuance by the school. A school shall

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    Florida Senate - 2005                    CS for CS for SB 1062
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 1  notify the Division of Licensing within the department upon

 2  the issuance of each State of Florida Seaport Security Officer

 3  Certificate. The notification must include the name and Class

 4  D license number of the certificateholder and a copy of the

 5  certificate. The department shall place the notification with

 6  the Class D licensee's file. Notification may be made through

 7  an electronic or paper format pursuant to instructions of the

 8  Department of Agriculture and Consumer Services.

 9         (8)  Upon completion of the certification process, a

10  person holding a Class D license shall be required to apply

11  for a revised duplicate license pursuant to s. 493.6107(2).

12  The revised duplicate license must contain language or

13  markings indicating that the licensee is certified as a

14  seaport security officer.

15         Section 3.  Section 311.122, Florida Statutes, is

16  created to read:

17         311.122  Trespassing; detention by a certified seaport

18  security officer.--Any Facility Security Officer as designated

19  pursuant to 33 C.F.R. part 105 for each seaport identified in

20  s. 311.09, or any employee or agent holding a Class D or Class

21  G license and certification as a seaport security officer who

22  is designated by the Facility Security Officer to maintain

23  order and provide security within the seaport, who has

24  probable cause to believe that a person is trespassing in a

25  designated restricted access area of a seaport pursuant to s.

26  810.08 or s. 810.09 may take such person into custody and

27  detain him or her in a reasonable manner for a reasonable

28  length of time pending the arrival of a law enforcement

29  officer. Such taking into custody and detention by an

30  authorized person does not render that person criminally or

31  civilly liable for false arrest, false imprisonment, or

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    Florida Senate - 2005                    CS for CS for SB 1062
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 1  unlawful detention. If a trespasser is taken into custody, a

 2  law enforcement officer shall be called to the scene

 3  immediately after the person is taken into custody.

 4         Section 4.  Section 311.123, Florida Statutes, is

 5  created to read:

 6         311.123  Maritime domain awareness training of

 7  personnel working on Florida seaports.--The Florida Seaport

 8  Transportation and Economic Development Council, in

 9  conjunction with the Department of Law Enforcement and the

10  Office of Drug Control within the Executive Office of the

11  Governor, shall create a maritime domain awareness training

12  program. The program shall provide training designed to

13  instruct all workers within a seaport's boundaries about the

14  security awareness procedures required of those workers in

15  order to implement the security plan of the seaport. The

16  training program curriculum must also include security

17  training required pursuant to 33  C.F.R. part 105 and must be

18  designed to enable the seaports in this state to meet the

19  training, drill, and exercise requirements of 33 C.F.R. part

20  105, individual seaport security plans, and the security

21  awareness requirements of s. 311.12.

22         Section 5.  This act shall take effect July 1, 2005.

23  

24          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
25                            CS/SB 1062

26                                 

27  Expresses the intent of the Legislature to provide Florida
    seaports with the ability to mitigate operational security
28  costs without reducing security through a combination of sworn
    law enforcement officers and certified private security
29  services, and provides that, to the maximum extent feasible,
    the Florida Department of Law Enforcement shall apply this
30  intent in achieving the seaport security requirements in s.
    311.12, F.S.
31  

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