| 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. |