HB 1635

1	A bill to be entitled
2	An act relating to seaport security; creating s. 311.126,
3	F.S.; providing legislative findings; providing that
4	authorized seaport security personnel have full access at
5	all reasonable hours to inspect all railroad cars, trucks,
6	cargo containers, motor vehicles, truck and motor vehicle
7	trailers, and vessels that are leaving or preparing to
8	leave a seaport in this state; authorizing seaport
9	security personnel or law enforcement officers to examine
10	any container, to open any container, and to forcibly open
11	containers if access to a vehicle or container is denied
12	by the owner, driver, operator, or other person in charge
13	of the container; providing that any person who is
14	authorized to enforce or assist in enforcement of the act
15	and who lawfully engages in that activity is immune from
16	civil or criminal liability; providing that a person who
17	violates the act commits a felony of the third degree;
18	providing criminal penalties; providing that local seaport
19	security personnel and law enforcement agencies may
20	request assistance from state law enforcement agencies
21	having expertise in cargo security to provide specialized
22	training on cargo security; requiring each seaport to set
23	performance measures for inspecting outbound vehicles;
24	authorizing ports having specific performance goals and
25	plans to receive additional funding for increased security
26	costs and equipment; requiring that all services and
27	equipment purchased conform to the approved security plan
28	of the seaport and the area maritime security plan and be
29	approved by the Department of Law Enforcement and the
30	Office of Drug Control; providing an appropriation;
31	limiting the funding each seaport may receive; providing
32	an effective date.
33
34	Be It Enacted by the Legislature of the State of Florida:
35
36	Section 1.  Section 311.126, Florida Statutes, is created
37	to read:
38	311.126  Outbound container and vehicle inspections.--
39	(1)  The Legislature finds that each year approximately 16
40	million shipping containers come into ports of the United States
41	and that 6 million are from overseas but fewer than 2 percent
42	are inspected. The Legislature further finds that, in total, the
43	ports of this country handle more than 800 million tons of cargo
44	that is valued at approximately $600 billion. The Legislature
45	also finds that, excluding trade with Mexico and Canada, the
46	ports of this country handle 95 percent of the trade of this
47	country. In order to protect the residents of this state, the
48	Legislature finds that the inspection of outbound vehicles
49	leaving the ports of this state must be increased in order to
50	detect possible illegal activity. The Legislature further finds
51	that additional security personnel and more comprehensive
52	training in cargo security methods and operations for security
53	personnel will increase the effectiveness of seaport security
54	for the state. The Legislature finds that increasing the number
55	of security personnel and providing appropriate training
56	requires additional funding for the seaport security mission.
57	(2)(a)  Any authorized seaport security personnel employed
58	by seaports identified in s. 311.09 has full access at all
59	reasonable hours to inspect:
60	1.  All railroad cars, trucks, cargo containers, motor
61	vehicles, truck and motor vehicle trailers, and vessels that are
62	used or could be used in the transportation within the state of
63	any article or product that might endanger the safety or
64	security of the residents of this state; and
65	2.  All records or documents pertaining to an inspection
66	conducted under subparagraph 1.
67	(b)  Any seaport security personnel or law enforcement
68	officer, as defined in s. 943.10, may examine any vehicle,
69	container, or trailer that is leaving or is preparing to leave
70	the seaport and may open any package, article, or container of
71	any kind. Such inspection may be conducted after the vehicle,
72	container, or trailer has been cleared for entry into this
73	country by federal officials.
74	(c)  If access to any vehicle, container, or trailer is
75	refused by the owner, driver, operator, or other person in
76	charge of a vehicle, container, or trailer, or if the owner,
77	driver, operator, or other person refuses to open a package,
78	article, or container of any kind, the seaport security
79	personnel or law enforcement officer may seize the vehicle,
80	container, or trailer and forcibly open the vehicle, container,
81	or trailer.
82	(d)  Each law enforcement officer may assist seaport
83	security personnel in enforcing this section. Each law
84	enforcement officer may stop and detain any vehicle, trailer, or
85	container and its driver if the driver fails to comply with this
86	section until seaport security personnel arrive to conduct the
87	inspection required or authorized by law. The law enforcement
88	officer may require the driver to accompany the vehicle to the
89	seaport for inspection of the vehicle, trailer, or container.
90	(e)  Any person who is authorized to enforce or assist in
91	enforcing the provisions of this section and who is lawfully
92	engaged in such activity is immune from civil or criminal
93	liability.
94	(3)  An owner, driver, operator, or other person in charge
95	of a vehicle, container, or trailer may not refuse to allow
96	access to the vehicle, container, or trailer, or to a package,
97	article, or container inside the vehicle, container, or trailer.
98	An owner, driver, operator, or other person who violates this
99	section commits a felony of the third degree, punishable as
100	provided in s. 775.082, s. 775.083, or s. 775.084.
101	(4)  Local seaport security personnel and law enforcement
102	agencies may request assistance from state law enforcement
103	agencies having expertise in cargo security, such as the
104	Department of Transportation or the Department of Law
105	Enforcement, for the purpose of designing efficient and
106	effective inspection methods, providing specialized training in
107	cargo security, and enhancing the presence of local security
108	personnel on a seaport, as needed. The Department of
109	Transportation may formalize cargo security task forces within
110	the regional domestic security task forces in order to perform
111	unannounced inspections on seaports in this state or at other
112	intermodal inspection stations across the state.
113	(5)  Each seaport shall set performance measures for
114	inspecting outbound vehicles which are designed to ensure a
115	reasonable balance between cargo security and commerce. Ports
116	that have specific performance goals and plans to reach those
117	goals are eligible for additional funding to pay for increased
118	security costs and equipment. Activities and equipment that are
119	eligible for additional funding include additional security
120	personnel, specialized cargo security training for seaport
121	security and law enforcement personnel, purchase and
122	installation of monitoring equipment, including the purchase of
123	nonintrusive inspection technology that is capable of inspecting
124	and monitoring outbound vehicles, containers, and trailers and
125	specialized trained animals that are capable of performing
126	inspection or monitoring activities. All services and equipment
127	purchased must conform to the approved security plan of the
128	seaport and the area maritime security plan and be approved by
129	the Department of Law Enforcement and the Office of Drug
130	Control.
131	(6)  A minimum of $10 million per year shall be made
132	available from the General Revenue Fund for additional seaport
133	security. Cargo-security programs for seaports shall be
134	administered by the Department of Transportation and funds shall
135	be distributed by the Division of Law Enforcement of the
136	department. Each seaport in this state shall receive a minimum
137	of $100,000 for each fiscal year and a port may not receive more
138	than $2 million during a single fiscal year. Funds must be
139	distributed according to need as determined by the Department of
140	Transportation as well as by the ability of the seaport to show
141	an ongoing improvement in the percentage of outbound vehicles
142	inspected over each ensuing year.
143	Section 2.  This act shall take effect July 1, 2006.

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