Senate Bill sb1062c3

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    Florida Senate - 2005             CS for CS for CS for SB 1062

    By the Committees on Transportation and Economic Development
    Appropriations; Criminal Justice; and Domestic Security




    606-2368-05

  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 CS for SB 1062
    606-2368-05




 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; defining the term

14         "restricted access area"; providing for

15         designation of part or all of a seaport as a

16         restricted access area under certain emergency

17         conditions; creating s. 311.123, F.S.;

18         requiring that the Florida Seaport

19         Transportation and Economic Development

20         Council, in conjunction with the Department of

21         Law Enforcement and the Governor's Office of

22         Drug Control, create a maritime domain

23         awareness training program; providing purposes

24         of the program; providing requirements for the

25         curriculum; providing an effective date.

26  

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

28  

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

30  section 311.12, Florida Statutes, to read:

31         311.12  Seaport security standards.--

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    Florida Senate - 2005             CS for CS for CS for SB 1062
    606-2368-05




 1         (3)

 2         (e)  The Department of Law Enforcement shall establish

 3  a waiver process for allowing unescorted access to an

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

 5  and denied employment by a seaport. The waiver consideration

 6  shall be based on the circumstances of any disqualifying act

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

 8  factors from which it may be determined that the individual

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

10  or terrorism within the public seaports regulated under this

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

12  process shall begin when an individual who has been denied

13  initial employment within or regular unescorted access to

14  restricted areas on a public seaport as described in paragraph

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

16  notarized letter or affidavit from the individual's employer

17  or union representative, which states the mitigating reasons

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

19  receipt of the application, the administrative staff of the

20  Parole Commission shall conduct a factual review of the waiver

21  application. Findings of fact shall be transmitted to the

22  Department of Law Enforcement for review. The department shall

23  make a copy of those findings available to the applicant

24  before final disposition of the waiver request. The department

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

26  the factual findings of the investigation by the Parole

27  Commission. The port authority that originally denied

28  employment and the waiver applicant shall be notified of the

29  final disposition of the waiver application by the department.

30  This review process is exempt from chapter 120.

31  

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    Florida Senate - 2005             CS for CS for CS for SB 1062
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 1         Section 2.  Section 311.121, Florida Statutes, is

 2  created to read:

 3         311.121  Qualifications, training, and certification of

 4  licensed security officers working on Florida seaports.--

 5         (1)  Each seaport authority or governing board of a

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

 7  statewide minimum seaport security standards set forth in s.

 8  311.12 may require that security officers working on the

 9  seaport receive additional training and certification as a

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

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

12  state with the ability to mitigate operational security costs

13  without reducing security through a combination of sworn law

14  enforcement officers and certified private security services

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

16  the Florida Department of Law Enforcement shall apply this

17  intent in achieving the security requirements as required in

18  s. 311.12.

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

20  security officer pursuant to chapter 493 and successfully

21  completed the entire certified training curriculum for a Class

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

23  experience by the Department of Agriculture and Consumer

24  Services, is eligible to complete training and testing to

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

26  this subsection, the term "equivalent experience" means

27  experience that is substantially identical and equal in force,

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

29  personal knowledge and activity for the required period of

30  time performing the type of service permitted under the

31  license for which application is made. The department shall

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    Florida Senate - 2005             CS for CS for CS for SB 1062
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 1  have final authority over any determination of equivalent

 2  experience.

 3         (3)  The curriculum for the seaport security officer

 4  training program shall be developed by the Seaport Security

 5  Officer Qualifications, Training, and Standards Steering

 6  Committee. The curriculum must conform to the model courses

 7  for facility personnel with specific security duties which

 8  have been approved by the federal Maritime Administration

 9  under Section 109 of the federal Maritime Transportation

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

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

12  Members of the Steering Committee shall be appointed by the

13  Department of Law Enforcement. Members shall serve for the

14  duration of their employment or appointment in a specified

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

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

17  shall be the Seaport Administrator of the Department of Law

18  Enforcement, the Chancellor of the Community College System,

19  the Director of the Division of Licensing of the Department of

20  Agriculture and Consumer Services, the Administrator of the

21  Florida Seaport Transportation and Economic Development

22  Council, two seaport security directors from ports designated

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

24  one representative of a local law enforcement agency, two

25  representatives of contract security services, one

26  representative of the Division of Driver Licenses of the

27  Department of Highway Safety and Motor Vehicles, and one

28  representative of the United States Coast Guard.

29         (4)  The Department of Education shall be responsible

30  for implementing the curriculum recommendations of the Seaport

31  Security Officer Qualifications, Training, and Standards

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    Florida Senate - 2005             CS for CS for CS for SB 1062
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 1  Steering Committee in order to provide a training program for

 2  certified seaport security officers which shall be used by

 3  licensed schools pursuant to s. 493.6304. Each instructor

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

 5  493.6301. A seaport authority or other organization involved

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

 7  school pursuant to s. 493.6304.

 8         (5)  The Seaport Security Officer Qualifications,

 9  Training, and Standards Steering Committee may consider

10  training equivalencies that may be substituted for the

11  required training. These equivalencies must be established and

12  made known to persons seeking certification in advance of

13  training. A candidate for certification as a seaport security

14  officer shall be required to successfully pass a proficiency

15  examination.

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

17  training equivalency, and pass the examination shall receive a

18  State of Florida Seaport Security Officer Certificate. This

19  certificate authorizes the bearer to represent that he or she

20  is qualified to perform duties specifically required of a

21  seaport security officer. The certificate shall remain valid

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

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

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

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

26  certification following revocation or a lapse of longer than 1

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

28  reexamination of the applicant.

29         (7)  A State of Florida Seaport Security Officer

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

31  493.6304 upon a person's successful completion of the training

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    Florida Senate - 2005             CS for CS for CS for SB 1062
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 1  curriculum, proof of any applicable training equivalencies,

 2  and passage of a proficiency examination. The certificate

 3  shall be provided by the Department of Agriculture and

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

 5  notify the Division of Licensing within the department upon

 6  the issuance of each State of Florida Seaport Security Officer

 7  Certificate. The notification must include the name and Class

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

 9  certificate. The department shall place the notification with

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

11  an electronic or paper format pursuant to instructions of the

12  Department of Agriculture and Consumer Services.

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

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

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

16  The revised duplicate license must contain language or

17  markings indicating that the licensee is certified as a

18  seaport security officer.

19         Section 3.  Section 311.122, Florida Statutes, is

20  created to read:

21         311.122  Trespassing; detention by a certified seaport

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

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

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

25  G license and certification as a seaport security officer who

26  is designated by the Facility Security Officer to maintain

27  order and provide security within the seaport, who has

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

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

30  810.08 or s. 810.09 may take such person into custody and

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

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    Florida Senate - 2005             CS for CS for CS for SB 1062
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 1  length of time pending the arrival of a law enforcement

 2  officer. Such taking into custody and detention by an

 3  authorized person does not render that person criminally or

 4  civilly liable for false arrest, false imprisonment, or

 5  unlawful detention. If a trespasser is taken into custody, a

 6  law enforcement officer shall be called to the scene

 7  immediately after the person is taken into custody. For the

 8  purposes of this section, the term "designated restricted

 9  access area" means an area where signage, fencing, or other

10  access-control measures designed to prevent unauthorized

11  access to that area are in place. During a period of a high

12  terrorist threat level, as defined by the United States

13  Department of Homeland Security or the Department of Law

14  Enforcement, or during a period of emergency declared by the

15  seaport security director of a particular port due to events

16  applicable to that particular port, the management or

17  controlling authority of the port may temporarily designate

18  any part or all of the port property as a restricted access

19  area. The duration of any such temporary designation is

20  limited to the period when the high terrorist threat level or

21  port emergency exists. This section does not limit the power

22  of the managing or controlling authority of a seaport to

23  designate any or all of the port property as a restricted

24  access area as otherwise provided by law.

25         Section 4.  Section 311.123, Florida Statutes, is

26  created to read:

27         311.123  Maritime domain awareness training of

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

29  Transportation and Economic Development Council, in

30  conjunction with the Department of Law Enforcement and the

31  Office of Drug Control within the Executive Office of the

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    Florida Senate - 2005             CS for CS for CS for SB 1062
    606-2368-05




 1  Governor, shall create a maritime domain awareness training

 2  program. The program shall provide training designed to

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

 4  security awareness procedures required of those workers in

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

 6  training program curriculum must also include security

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

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

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

10  105, individual seaport security plans, and the security

11  awareness requirements of s. 311.12.

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

13  

14          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
15                      CS/CS Senate Bill 1062

16                                 

17  During a period of a high terrorist threat level, or other
    emergency situation, the port authority may designate all or
18  part of the port property as a restricted area.

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