Florida Senate - 2006 COMMITTEE AMENDMENT
Bill No. CS for CS for SB 190
Barcode 345294
CHAMBER ACTION
Senate House
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11 The Committee on Justice Appropriations (Smith) recommended
12 the following amendment to amendment (402364):
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14 Senate Amendment (with title amendment)
15 On page 6, line 29, through
16 page 7, line 26, delete those lines
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18 and insert:
19 (3)
20 (e) The Department of Law Enforcement shall establish
21 a waiver process to allow unescorted access to an individual
22 who is found to be unqualified under paragraph (c) and denied
23 employment by a seaport. The waiver consideration shall be
24 based on the circumstances of any disqualifying act or
25 offense, restitution made by the individual, and other factors
26 from which it may be determined that the individual does not
27 pose a risk of engaging in theft, drug trafficking, or
28 terrorism within the public seaports regulated under this
29 chapter or of harming any person. The waiver process shall
30 begin when an individual who has been denied initial
31 employment within or regular unescorted access to restricted
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9:34 AM 04/24/06 s0190c2c-ja14-z8e
Florida Senate - 2006 COMMITTEE AMENDMENT
Bill No. CS for CS for SB 190
Barcode 345294
1 areas of a public seaport as described in paragraph (c)
2 submits an application for a waiver and notarized letter or
3 affidavit from the individual's employer or union
4 representative which states the mitigating reasons for
5 initiating the waiver process. No later than 90 days after
6 receipt of the application, the administrative staff of the
7 Parole Commission shall conduct a factual review of the waiver
8 application. Findings of fact shall be transmitted to the
9 Department of Law Enforcement for review. The department shall
10 make a copy of those findings available to the applicant
11 before final disposition of the waiver request. The department
12 shall make a final disposition of the waiver request based on
13 the factual findings of the investigation by the Parole
14 Commission. The department shall notify the waiver applicant
15 and the port authority that originally denied employment to
16 the applicant of the final disposition of the waiver. The
17 review process under this paragraph is exempt from chapter
18 120.
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21 ================ T I T L E A M E N D M E N T ===============
22 And the title is amended as follows:
23 On page 19, lines 18-28, delete those lines
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25 and insert:
26 Department of Law Enforcement to establish a
27 waiver process to grant certain individuals
28 unescorted access to seaports or restricted
29 access areas under certain circumstances;
30 providing waiver process requirements;
31 requiring the administrative staff of the
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9:34 AM 04/24/06 s0190c2c-ja14-z8e
Florida Senate - 2006 COMMITTEE AMENDMENT
Bill No. CS for CS for SB 190
Barcode 345294
1 Parole Commission to review the waiver
2 application and transmit the findings to the
3 department; requiring the department to make a
4 final disposition of the application and notify
5 the applicant and the seaport; providing that
6 the waiver process is exempt from the
7 Administrative Procedure Act; providing
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