Florida Senate - 2006                      COMMITTEE AMENDMENT
    Bill No. CS for CS for SB 190
                        Barcode 345294
                            CHAMBER ACTION
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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. 19 20 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 24 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 2 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 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 3 9:34 AM 04/24/06 s0190c2c-ja14-z8e