HB 1799

1
A bill to be entitled
2An act relating to certification and duties of seaport
3security officers; creating s. 311.121, F.S.; authorizing
4a seaport authority or the governing board of specified
5seaports to require that seaport security officers receive
6additional training and certification; providing
7eligibility requirements for such training and
8certification; creating a Seaport Security Officer
9Qualifications, Training, and Standards Steering Committee
10to develop the training program curriculum; providing for
11the membership of the steering committee; requiring the
12Department of Education to implement the training
13curriculum; authorizing the substitution of training
14equivalencies for required training; requiring a
15proficiency examination; providing requirements for
16certification and renewal thereof; providing requirements
17for schools and seaports that offer training for seaport
18security officers; providing for issuance of a seaport
19security officer certificate by the Department of
20Agriculture and Consumer Services; creating s. 311.122,
21F.S.; authorizing a seaport security officer to take into
22custody any person who the officer has cause to believe is
23trespassing in a restricted access area of a seaport;
24providing criminal and civil nonliability of seaport
25security officers for taking such action; providing an
26effective date.
27
28Be It Enacted by the Legislature of the State of Florida:
29
30     Section 1.  Section 311.121, Florida Statutes, is created
31to read:
32     311.121  Qualifications, training, and certification of
33licensed security officers working in Florida seaports.--
34     (1)  Each seaport authority or governing board of a seaport
35identified in s. 311.09 which is subject to the statewide
36minimum seaport security standards set forth in s. 311.12 may
37require that security officers working in the seaport receive
38additional training and certification as a seaport security
39officer.
40     (2)  Any person who has received a Class "D" license as a
41security officer pursuant to chapter 493 and successfully
42completed the entire certified training curriculum for a Class
43"D" license, or who has been determined to have equivalent
44experience by the Department of Agriculture and Consumer
45Services, is eligible to complete training and testing to become
46certified as a seaport security officer. As used in this
47subsection, the term "equivalent experience" means experience
48that is substantially identical or equal in relevance,
49educational value, effect, importance, and duration to the
50experience and personal knowledge acquired through active
51performance of the type of service permitted under the license
52for which application is made. The department shall have final
53authority over any determination of equivalent experience.
54     (3)  The curriculum for seaport security officer training
55shall be developed by the Seaport Security Officer
56Qualifications, Training, and Standards Steering Committee. The
57curriculum shall conform to or exceed the model courses for
58facility personnel which have been approved by the federal
59Maritime Administration under section 109 of the federal
60Maritime Transportation Security Act of 2002, and which apply to
61personnel who are certified as seaport security officers
62pursuant to this section. The steering committee shall meet at
63least once each year to update or modify the curriculum. Members
64of the steering committee shall be appointed by the Department
65of Law Enforcement. Members shall serve for the duration of
66their employment or appointment in a specified position, or for
67a term of 4 years if not designated by title to a specified
68position. The members of the steering committee shall be the
69Seaport Security Administrator of the Department of Law
70Enforcement, the Chancellor of the Division of Colleges and
71Universities, the Director of the Division of Licensing of the
72Department of Agriculture and Consumer Services, the
73administrator of the Florida Seaport Transportation and Economic
74Development Council, two seaport security directors from ports
75designated in s. 311.09, one director of a state law enforcement
76academy, one representative of a local law enforcement agency,
77two representatives of contract security services, one
78representative of the Division of Driver Licenses of the
79Department of Highway Safety and Motor Vehicles, and one
80representative of the United States Coast Guard.
81     (4)  The Department of Education shall be responsible for
82implementing the curriculum recommendations of the steering
83committee in order to provide a training program for certified
84seaport security officers which shall be used by licensed
85schools pursuant to s. 493.6304. Each instructor providing
86training must hold a Class "DI" license pursuant to s. 493.6301.
87A seaport authority or other organization involved in seaport-
88related activities may apply to become a licensed school or
89training facility pursuant to s. 493.6304.
90     (5)  The steering committee may consider training
91equivalencies that may be substituted for the required training.
92Training equivalencies must be established and made known to
93persons seeking certification in advance of training.
94     (6)  A candidate for certification as a seaport security
95officer shall be required to successfully pass a proficiency
96examination. Persons who successfully complete the training or
97training equivalency and pass the proficiency examination shall
98receive a State of Florida Seaport Security Officer Certificate.
99This certificate authorizes the bearer to represent himself or
100herself as qualified to perform duties specifically required of
101a seaport security officer. The certificate shall remain valid
102for the duration of an active Class "D" license issued under
103chapter 493 and shall be considered renewed upon proper renewal
104of the Class "D" license and completion of any continuing
105education requirement. The certificate becomes void if the Class
106"D" license is revoked or allowed to lapse for more than 1 year.
107Renewal of certification following revocation, a lapse of the
108Class "D" license for longer than 1 year, or failure to complete
109a continuing education requirement shall require, at a minimum,
110reexamination of the applicant.
111     (7)  The steering committee shall recommend a continuing
112education curriculum to be implemented by the Department of
113Education. The curriculum shall be offered by any licensed
114school or seaport that offers certificate training for seaport
115security officers, and shall require no less than 2 hours of
116additional training per annual licensing period. A seaport
117security officer certificate becomes void if the
118certificateholder licensee fails to complete the annual
119continuing education requirement prior to expiration of his or
120her Class "D" license.
121     (8)  A State of Florida Seaport Security Officer
122certificate may be issued by a school licensed pursuant to s.
123493.6304 upon a person's successful completion of the training
124curriculum, proof of any applicable training equivalencies, and
125passage of a proficiency examination. The certificate shall be
126provided by the Department of Agriculture and Consumer Services
127for issuance by the school. A school shall notify the Division
128of Licensing within the department upon the issuance of each
129seaport security officer certificate. The notification must
130include the name and Class "D" license number of the
131certificateholder and a copy of the certificate. The department
132shall place the notification in the Class "D" licensee's file.
133Notification may be made through an electronic or paper format
134pursuant to instructions of the Department of Agriculture and
135Consumer Services.
136     (9)  Upon completion of the certification process, a person
137holding a Class "D" license shall be required to apply for a
138revised duplicate license pursuant to s. 493.6107(2). The
139revised duplicate license must contain language or markings
140indicating that the licensee is certified as seaport security
141officer.
142     Section 2.  Section 311.122, Florida Statutes, is created
143to read:
144     311.122  Trespassing; detention by a certified seaport
145security officer.--Any facility security officer as designated
146pursuant to 33 C.F.R. part 105 for each seaport identified in s.
147311.09, or any employee or agent holding a Class "D" or Class
148"G" license and certification as a seaport security officer who
149is designated by the facility security officer to maintain order
150and provide security within a seaport, who has probable cause to
151believe that a person is trespassing in a designated restricted
152access area of a seaport pursuant to s. 810.08 or s. 810.09 may
153take such person into custody and detain him or her in a
154reasonable manner for a reasonable length of time pending
155arrival of a law enforcement officer. Such taking into custody
156and detention by an authorized person does not render that
157person criminally or civilly liable for false arrest, false
158imprisonment, or unlawful detention. If a trespasser is taken
159into custody, a law enforcement officer shall be called to the
160scene immediately after the person is taken into custody.
161     Section 3.  This act shall take effect July 1, 2005.


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