HB 1239

1	A bill to be entitled
2	An act relating to seaport security; amending s. 311.12,
3	F.S.; requiring seaport security plans to establish
4	restricted access areas within the seaport; deleting a
5	provision that subjects all prospective employees to a
6	fingerprint-based criminal history check if the seaport
7	security plan does not designate one or more restricted
8	access areas; providing that only restricted access areas
9	require regulations concerning prospective or current
10	employees having criminal convictions or history;
11	providing an effective date.
12
13	Be It Enacted by the Legislature of the State of Florida:
14
15	Section 1.  Subsections (2) and (3) of section 311.12,
16	Florida Statutes, are amended to read:
17	311.12  Seaport security standards.--
18	(2)  Each seaport identified in s. 311.09 shall maintain a
19	security plan relating to the specific and identifiable needs of
20	the seaport which assures that the seaport is in substantial
21	compliance with the statewide minimum standards established
22	pursuant to subsection (1). Each plan adopted or revised
23	pursuant to this subsection must be reviewed and approved by the
24	Office of Drug Control and the Department of Law Enforcement.
25	All such seaports shall allow unimpeded access by the Department
26	of Law Enforcement to the affected facilities for purposes of
27	inspections or other operations authorized by this section. Each
28	seaport security plan shall may establish restricted access
29	areas within the seaport consistent with the requirements of the
30	statewide minimum standards. In such cases, A Uniform Port
31	Access Credential Card, authorizing restricted-area access,
32	shall be required for any individual working within or
33	authorized to regularly enter a restricted access area and the
34	requirements in subsection (3) relating to criminal history
35	checks and employment restrictions shall be applicable only to
36	employees or other persons working within or authorized to
37	regularly enter a restricted access area. Every seaport security
38	plan shall set forth the conditions and restrictions to be
39	imposed upon others visiting the port or any restricted access
40	area sufficient to provide substantial compliance with the
41	statewide minimum standards.
42	(3)(a)  A fingerprint-based criminal history check shall be
43	performed on any applicant for employment, every current
44	employee, and other persons as designated pursuant to the
45	seaport security plan for each seaport. The criminal history
46	check shall be performed in connection with employment within or
47	other authorized regular access to a restricted access area or
48	the entire seaport if the seaport security plan does not
49	designate one or more restricted access areas. With respect to
50	employees or others with regular access, such checks shall be
51	performed at least once every 5 years or at other more frequent
52	intervals as provided by the seaport security plan. Each
53	individual subject to the background criminal history check
54	shall file a complete set of fingerprints taken in a manner
55	required by the Department of Law Enforcement and the seaport
56	security plan. Fingerprints shall be submitted to the Department
57	of Law Enforcement for state processing and to the Federal
58	Bureau of Investigation for federal processing. The results of
59	each fingerprint-based check shall be reported to the requesting
60	seaport. The costs of the checks, consistent with s. 943.053(3),
61	shall be paid by the seaport or other employing entity or by the
62	person checked.
63	(b)  By January 1, 2002, each Seaport security plans plan
64	shall identify criminal convictions or other criminal history
65	factors consistent with paragraph (c) which shall disqualify a
66	person from either initial seaport employment or new
67	authorization for regular access to seaport property or to a
68	restricted access area. Such factors shall be used to disqualify
69	all applicants for employment or others seeking regular access
70	to the seaport or restricted access area on or after January 1,
71	2002, and may be used to disqualify all those employed or
72	authorized for regular access on that date. Each seaport
73	security plan may establish a procedure to appeal a denial of
74	employment or access based upon procedural inaccuracies or
75	discrepancies regarding criminal history factors established
76	pursuant to this paragraph. A seaport may allow waivers on a
77	temporary basis to meet special or emergency needs of the
78	seaport or its users. Policies, procedures, and criteria for
79	implementation of this subsection shall be included in the
80	seaport security plan. All waivers granted pursuant to this
81	paragraph must be reported to the Department of Law Enforcement
82	within 30 days of issuance.
83	(c)  In addition to other requirements for employment or
84	access established by each seaport pursuant to its seaport
85	security plan, each seaport security plan shall provide that:
86	1.  Any person who has within the past 7 years been
87	convicted, regardless of whether adjudication was withheld, for
88	a forcible felony as defined in s. 776.08; an act of terrorism
89	as defined in s. 775.30; planting of a hoax bomb as provided in
90	s. 790.165; any violation involving the manufacture, possession,
91	sale, delivery, display, use, or attempted or threatened use of
92	a weapon of mass destruction or hoax weapon of mass destruction
93	as provided in s. 790.166; dealing in stolen property; any
94	violation of s. 893.135; any violation involving the sale,
95	manufacturing, delivery, or possession with intent to sell,
96	manufacture, or deliver a controlled substance; burglary;
97	robbery; any felony violation of s. 812.014; any violation of s.
98	790.07; any crime an element of which includes use or possession
99	of a firearm; any conviction for any similar offenses under the
100	laws of another jurisdiction; or conviction for conspiracy to
101	commit any of the listed offenses shall not be qualified for
102	initial employment within or regular access to a seaport or
103	restricted access area; and
104	2.  Any person who has at any time been convicted for any
105	of the listed offenses shall not be qualified for initial
106	employment within or authorized regular access to a seaport or
107	restricted access area unless, after release from incarceration
108	and any supervision imposed as a sentence, the person remained
109	free from a subsequent conviction, regardless of whether
110	adjudication was withheld, for any of the listed offenses for a
111	period of at least 7 years prior to the employment or access
112	date under consideration.
113	(d)  By October 1 of each year, each seaport shall report
114	to the Department of Law Enforcement each determination of
115	denial of employment or access, and any determination to
116	authorize employment or access after an appeal of a denial made
117	during the previous 12 months. The report shall include the
118	identity of the individual affected, the factors supporting the
119	determination, and any other material factors used in making the
120	determination.
121	Section 2.  This act shall take effect July 1, 2005.

CODING: Words stricken are deletions; words underlined are additions.