1 | A bill to be entitled |
2 | An act relating to certification and duties of seaport |
3 | security officers; creating s. 311.121, F.S.; authorizing |
4 | a seaport authority or the governing board of specified |
5 | seaports to require that seaport security officers receive |
6 | additional training and certification; providing |
7 | eligibility requirements for such training and |
8 | certification; creating a Seaport Security Officer |
9 | Qualifications, Training, and Standards Steering Committee |
10 | to develop the training program curriculum; providing for |
11 | the membership of the steering committee; requiring the |
12 | Department of Education to implement the training |
13 | curriculum; authorizing the substitution of training |
14 | equivalencies for required training; requiring a |
15 | proficiency examination; providing requirements for |
16 | certification and renewal thereof; providing requirements |
17 | for schools and seaports that offer training for seaport |
18 | security officers; providing for issuance of a seaport |
19 | security officer certificate by the Department of |
20 | Agriculture and Consumer Services; creating s. 311.122, |
21 | F.S.; authorizing a seaport security officer to take into |
22 | custody any person who the officer has cause to believe is |
23 | trespassing in a restricted access area of a seaport; |
24 | providing criminal and civil nonliability of seaport |
25 | security officers for taking such action; providing an |
26 | effective date. |
27 |
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28 | Be It Enacted by the Legislature of the State of Florida: |
29 |
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30 | Section 1. Section 311.121, Florida Statutes, is created |
31 | to read: |
32 | 311.121 Qualifications, training, and certification of |
33 | licensed security officers working in Florida seaports.-- |
34 | (1) Each seaport authority or governing board of a seaport |
35 | identified in s. 311.09 which is subject to the statewide |
36 | minimum seaport security standards set forth in s. 311.12 may |
37 | require that security officers working in the seaport receive |
38 | additional training and certification as a seaport security |
39 | officer. |
40 | (2) Any person who has received a Class "D" license as a |
41 | security officer pursuant to chapter 493 and successfully |
42 | completed the entire certified training curriculum for a Class |
43 | "D" license, or who has been determined to have equivalent |
44 | experience by the Department of Agriculture and Consumer |
45 | Services, is eligible to complete training and testing to become |
46 | certified as a seaport security officer. As used in this |
47 | subsection, the term "equivalent experience" means experience |
48 | that is substantially identical or equal in relevance, |
49 | educational value, effect, importance, and duration to the |
50 | experience and personal knowledge acquired through active |
51 | performance of the type of service permitted under the license |
52 | for which application is made. The department shall have final |
53 | authority over any determination of equivalent experience. |
54 | (3) The curriculum for seaport security officer training |
55 | shall be developed by the Seaport Security Officer |
56 | Qualifications, Training, and Standards Steering Committee. The |
57 | curriculum shall conform to or exceed the model courses for |
58 | facility personnel which have been approved by the federal |
59 | Maritime Administration under section 109 of the federal |
60 | Maritime Transportation Security Act of 2002, and which apply to |
61 | personnel who are certified as seaport security officers |
62 | pursuant to this section. The steering committee shall meet at |
63 | least once each year to update or modify the curriculum. Members |
64 | of the steering committee shall be appointed by the Department |
65 | of Law Enforcement. Members shall serve for the duration of |
66 | their employment or appointment in a specified position, or for |
67 | a term of 4 years if not designated by title to a specified |
68 | position. The members of the steering committee shall be the |
69 | Seaport Security Administrator of the Department of Law |
70 | Enforcement, the Chancellor of the Division of Colleges and |
71 | Universities, the Director of the Division of Licensing of the |
72 | Department of Agriculture and Consumer Services, the |
73 | administrator of the Florida Seaport Transportation and Economic |
74 | Development Council, two seaport security directors from ports |
75 | designated in s. 311.09, one director of a state law enforcement |
76 | academy, one representative of a local law enforcement agency, |
77 | two representatives of contract security services, one |
78 | representative of the Division of Driver Licenses of the |
79 | Department of Highway Safety and Motor Vehicles, and one |
80 | representative of the United States Coast Guard. |
81 | (4) The Department of Education shall be responsible for |
82 | implementing the curriculum recommendations of the steering |
83 | committee in order to provide a training program for certified |
84 | seaport security officers which shall be used by licensed |
85 | schools pursuant to s. 493.6304. Each instructor providing |
86 | training must hold a Class "DI" license pursuant to s. 493.6301. |
87 | A seaport authority or other organization involved in seaport- |
88 | related activities may apply to become a licensed school or |
89 | training facility pursuant to s. 493.6304. |
90 | (5) The steering committee may consider training |
91 | equivalencies that may be substituted for the required training. |
92 | Training equivalencies must be established and made known to |
93 | persons seeking certification in advance of training. |
94 | (6) A candidate for certification as a seaport security |
95 | officer shall be required to successfully pass a proficiency |
96 | examination. Persons who successfully complete the training or |
97 | training equivalency and pass the proficiency examination shall |
98 | receive a State of Florida Seaport Security Officer Certificate. |
99 | This certificate authorizes the bearer to represent himself or |
100 | herself as qualified to perform duties specifically required of |
101 | a seaport security officer. The certificate shall remain valid |
102 | for the duration of an active Class "D" license issued under |
103 | chapter 493 and shall be considered renewed upon proper renewal |
104 | of the Class "D" license and completion of any continuing |
105 | education requirement. The certificate becomes void if the Class |
106 | "D" license is revoked or allowed to lapse for more than 1 year. |
107 | Renewal of certification following revocation, a lapse of the |
108 | Class "D" license for longer than 1 year, or failure to complete |
109 | a continuing education requirement shall require, at a minimum, |
110 | reexamination of the applicant. |
111 | (7) The steering committee shall recommend a continuing |
112 | education curriculum to be implemented by the Department of |
113 | Education. The curriculum shall be offered by any licensed |
114 | school or seaport that offers certificate training for seaport |
115 | security officers, and shall require no less than 2 hours of |
116 | additional training per annual licensing period. A seaport |
117 | security officer certificate becomes void if the |
118 | certificateholder licensee fails to complete the annual |
119 | continuing education requirement prior to expiration of his or |
120 | her Class "D" license. |
121 | (8) A State of Florida Seaport Security Officer |
122 | certificate may be issued by a school licensed pursuant to s. |
123 | 493.6304 upon a person's successful completion of the training |
124 | curriculum, proof of any applicable training equivalencies, and |
125 | passage of a proficiency examination. The certificate shall be |
126 | provided by the Department of Agriculture and Consumer Services |
127 | for issuance by the school. A school shall notify the Division |
128 | of Licensing within the department upon the issuance of each |
129 | seaport security officer certificate. The notification must |
130 | include the name and Class "D" license number of the |
131 | certificateholder and a copy of the certificate. The department |
132 | shall place the notification in the Class "D" licensee's file. |
133 | Notification may be made through an electronic or paper format |
134 | pursuant to instructions of the Department of Agriculture and |
135 | Consumer Services. |
136 | (9) Upon completion of the certification process, a person |
137 | holding a Class "D" license shall be required to apply for a |
138 | revised duplicate license pursuant to s. 493.6107(2). The |
139 | revised duplicate license must contain language or markings |
140 | indicating that the licensee is certified as seaport security |
141 | officer. |
142 | Section 2. Section 311.122, Florida Statutes, is created |
143 | to read: |
144 | 311.122 Trespassing; detention by a certified seaport |
145 | security officer.--Any facility security officer as designated |
146 | pursuant to 33 C.F.R. part 105 for each seaport identified in s. |
147 | 311.09, or any employee or agent holding a Class "D" or Class |
148 | "G" license and certification as a seaport security officer who |
149 | is designated by the facility security officer to maintain order |
150 | and provide security within a seaport, who has probable cause to |
151 | believe that a person is trespassing in a designated restricted |
152 | access area of a seaport pursuant to s. 810.08 or s. 810.09 may |
153 | take such person into custody and detain him or her in a |
154 | reasonable manner for a reasonable length of time pending |
155 | arrival of a law enforcement officer. Such taking into custody |
156 | and detention by an authorized person does not render that |
157 | person criminally or civilly liable for false arrest, false |
158 | imprisonment, or unlawful detention. If a trespasser is taken |
159 | into custody, a law enforcement officer shall be called to the |
160 | scene immediately after the person is taken into custody. |
161 | Section 3. This act shall take effect July 1, 2005. |