Senate Bill sb0190

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    Florida Senate - 2006        (Corrected Copy)           SB 190

    By Senator Wise





    5-67A-06

  1                      A bill to be entitled

  2         An act relating to seaport security; amending

  3         s. 311.12, F.S.; requiring that the Department

  4         of Law Enforcement establish a waiver process

  5         to allow an individual, who is otherwise

  6         unqualified, to be allowed unescorted access to

  7         a seaport or restricted access area; requiring

  8         the administrative staff of the Parole

  9         Commission to review the facts of the waiver

10         application and transmit the findings to the

11         Department of Law Enforcement; requiring the

12         department to make a final disposition of the

13         application and notify the applicant and the

14         port authority that denied employment to the

15         applicant; exempting the review from ch. 120,

16         F.S.; creating s. 311.121, F.S.; authorizing

17         the seaport authority or governing board of

18         certain seaports to require that seaport

19         security officers receive additional training

20         and certification; providing legislative intent

21         relating to mitigation of operational security

22         costs at seaports; requiring the department to

23         apply such intent; providing eligibility

24         requirements for such certification; creating

25         the Seaport Security Officer Qualifications,

26         Training, and Standards Steering Committee to

27         develop the curriculum for the training

28         program; providing for the membership of the

29         steering committee; requiring the Department of

30         Education to implement the training curriculum;

31         authorizing the substitution of training

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    Florida Senate - 2006        (Corrected Copy)           SB 190
    5-67A-06




 1         equivalencies; requiring an examination;

 2         providing requirements for certification

 3         renewal; providing continuing education

 4         requirements for certification; providing

 5         requirements for schools that offer training

 6         for seaport security officers; providing for

 7         the issuance of a license indicating that the

 8         licensee is certified as a seaport security

 9         officer; creating s. 311.122, F.S.; authorizing

10         a seaport security officer to take into custody

11         any person whom the officer has cause to

12         believe is trespassing in a restricted access

13         area; providing that such officer is not

14         criminally or civilly liable for taking such

15         action; defining the term "restricted access

16         area"; providing for designation of seaport

17         property as a restricted access area under

18         certain emergency conditions; creating s.

19         311.123, F.S.; requiring the Florida Seaport

20         Transportation and Economic Development

21         Council, in conjunction with the Department of

22         Law Enforcement and the Governor's Office of

23         Drug Control, to create a maritime domain

24         awareness training program; providing purposes

25         of the program; providing requirements for the

26         curriculum; providing an effective date.

27  

28  Be It Enacted by the Legislature of the State of Florida:

29  

30         Section 1.  Paragraph (e) is added to subsection (3) of

31  section 311.12, Florida Statutes, to read:

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    Florida Senate - 2006        (Corrected Copy)           SB 190
    5-67A-06




 1         311.12  Seaport security standards.--

 2         (3)

 3         (e)  The Department of Law Enforcement shall establish

 4  a waiver process to allow unescorted access to an individual

 5  who is found to be unqualified under paragraph (c) and denied

 6  employment by a seaport. The waiver consideration shall be

 7  based on the circumstances of any disqualifying act or

 8  offense, restitution made by the individual, and other factors

 9  from which it may be determined that the individual does not

10  pose a risk of engaging in theft, drug trafficking, or

11  terrorism within the public seaports regulated under this

12  chapter or of harming any person. The waiver process shall

13  begin when an individual who has been denied initial

14  employment within or regular unescorted access to restricted

15  areas of a public seaport as described in paragraph (c)

16  submits an application for a waiver and notarized letter or

17  affidavit from the individual's employer or union

18  representative which states the mitigating reasons for

19  initiating the waiver process. No later than 90 days after

20  receipt of the application, the administrative staff of the

21  Parole Commission shall conduct a factual review of the waiver

22  application. Findings of fact shall be transmitted to the

23  Department of Law Enforcement for review. The department shall

24  make a copy of those findings available to the applicant

25  before final disposition of the waiver request. The department

26  shall make a final disposition of the waiver request based on

27  the factual findings of the investigation by the Parole

28  Commission. The port authority that originally denied

29  employment and the waiver applicant shall be notified of the

30  final disposition of the waiver application by the department.

31  This review process is exempt from chapter 120.

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    Florida Senate - 2006        (Corrected Copy)           SB 190
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 1         Section 2.  Section 311.121, Florida Statutes, is

 2  created to read:

 3         311.121  Qualifications, training, and certification of

 4  licensed security officers working on Florida seaports.--

 5         (1)  Each seaport authority or governing board of a

 6  seaport identified in s. 311.09 which is subject to the

 7  statewide minimum seaport security standards in s. 311.12 may

 8  require that a security officer working on the seaport receive

 9  additional training and certification as a seaport security

10  officer. In accordance with s. 311.12(4), it is the intent of

11  the Legislature to provide seaports in this state with the

12  ability to mitigate operational security costs without

13  reducing security through a combination of sworn law

14  enforcement officers and certified private security services.

15  To the maximum extent feasible, the Florida Department of Law

16  Enforcement shall apply this intent in achieving the security

17  requirements required in s. 311.12.

18         (2)  Any person who has received a Class D license as a

19  security officer pursuant to chapter 493 and has successfully

20  completed the certified training curriculum for a Class D

21  license, or who has been determined to have equivalent

22  experience by the Department of Agriculture and Consumer

23  Services, may complete training and testing to become

24  certified as a seaport security officer. As used in this

25  subsection, the term "equivalent experience" means experience

26  that is substantially identical and equal in force, power, and

27  effect or import as experience gained by personal knowledge

28  and activity for the required period of time performing the

29  type of service permitted under the license for which

30  application is made. The department has final authority over

31  any determination of equivalent experience.

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    Florida Senate - 2006        (Corrected Copy)           SB 190
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 1         (3)  The curriculum for the seaport security officer

 2  training program shall be developed by the Seaport Security

 3  Officer Qualifications, Training, and Standards Steering

 4  Committee.  The curriculum must require no less than 8 hours

 5  of initial certification training and must conform to or

 6  exceed the model courses for facility personnel having

 7  specific security duties which have been approved by the

 8  federal Maritime Administration under Section 109 of the

 9  federal Maritime Transportation Security Act of 2002. The

10  steering committee shall meet at least once each year to

11  update or modify the curriculum. Members of the steering

12  committee shall be appointed by the Department of Law

13  Enforcement. Members shall serve for the duration of their

14  employment or appointment in a specified position or for a

15  term of 4 years if not designated by title to a specified

16  position. The steering committee shall consist of the Seaport

17  Administrator of the Department of Law Enforcement, the

18  Chancellor of the Community College System, who shall serve as

19  chair, the director of the Division of Licensing of the

20  Department of Agriculture and Consumer Services, the

21  administrator of the Florida Seaport Transportation and

22  Economic Development Council, two seaport security directors

23  from ports designated in s. 311.09, one director of a state

24  law enforcement academy, one representative of a local law

25  enforcement agency, two representatives of contract security

26  services, one representative of the Division of Driver

27  Licenses of the Department of Highway Safety and Motor

28  Vehicles, and one representative of the United States Coast

29  Guard.

30         (4)  The Department of Education shall implement the

31  curriculum recommendations of the Seaport Security Officer

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    Florida Senate - 2006        (Corrected Copy)           SB 190
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 1  Qualifications, Training, and Standards Steering Committee in

 2  order to provide a training program for certified seaport

 3  security officers which shall be used by licensed schools

 4  pursuant to s. 493.6304. Each instructor providing training

 5  must hold a Class DI license pursuant to s. 493.6301. A

 6  seaport authority or other organization involved in

 7  seaport-related activities may apply to become a licensed

 8  school pursuant to s. 493.6304.

 9         (5)  The Seaport Security Officer Qualifications,

10  Training, and Standards Steering Committee may consider

11  training equivalencies that may be substituted for the

12  required training. Such equivalencies must be established and

13  provided to any person seeking certification in advance of

14  training. A candidate for certification as a seaport security

15  officer must successfully pass a proficiency examination.

16         (6)  A person who successfully completes the training,

17  or training equivalency, and passes the examination shall

18  receive a seaport security officer certificate authorizing the

19  person to perform duties specifically required of a seaport

20  security officer. The certificate is valid for the duration of

21  the person's active Class D license and shall be renewed upon

22  renewal of that license. The certificate becomes void if the

23  person's license is revoked or allowed to lapse for more than

24  1 year. Renewal of certification following licensure

25  revocation or a lapse of longer than 1 year requires, at a

26  minimum, reexamination of the applicant.

27         (7)  The steering committee shall recommend a

28  continuing education curriculum to be implemented by the

29  Department of Education. The curriculum must be offered by any

30  licensed school or seaport that provides certificate training

31  for seaport security officers and must require no less than 4

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    Florida Senate - 2006        (Corrected Copy)           SB 190
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 1  hours of additional training per annual licensing period.  A

 2  seaport security officer certificate is void if the

 3  certificateholder licensee fails to complete the annual

 4  continuing education requirement prior to expiration of the

 5  Class D license.

 6         (8)  A seaport security officer certificate may be

 7  issued by a school licensed pursuant to s. 493.6304 upon a

 8  person's successful completion of the training curriculum,

 9  proof of any applicable training equivalencies, and passage of

10  a proficiency examination. The certificate shall be provided

11  by the Department of Agriculture and Consumer Services for

12  issuance by the school. A school shall notify the Division of

13  Licensing within the department upon the issuance of each

14  certificate. The notification must include the name and Class

15  D license number of the certificateholder and a copy of the

16  certificate. The department shall place the notification with

17  the licensee's file. Notification may be made through an

18  electronic or paper format pursuant to instructions of the

19  Department of Agriculture and Consumer Services.

20         (9)  Upon completion of the certification process, a

21  person holding a Class D license must apply for a revised

22  duplicate license pursuant to s. 493.6107(2), which license

23  states that the licensee is certified as a seaport security

24  officer.

25         Section 3.  Section 311.122, Florida Statutes, is

26  created to read:

27         311.122  Trespassing; detention by a certified seaport

28  security officer.--Any facility security officer designated

29  pursuant to 33 C.F.R. part 105 for each seaport identified in

30  s. 311.09, or any employee or agent holding a Class D or Class

31  G license and certification as a seaport security officer who

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    Florida Senate - 2006        (Corrected Copy)           SB 190
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 1  is designated by the facility security officer to maintain

 2  order and provide security within the seaport, who has

 3  probable cause to believe that a person is trespassing in a

 4  designated restricted access area of a seaport pursuant to s.

 5  810.08 or s. 810.09 may take into custody and detain such

 6  person in a reasonable manner for a reasonable time pending

 7  the arrival of a law enforcement officer. Such action by an

 8  officer does not render him or her criminally or civilly

 9  liable for false arrest, false imprisonment, or unlawful

10  detention. A law enforcement officer shall be called to the

11  scene immediately after a person is taken into custody. As

12  used in this section, the term "designated restricted access

13  area" means an area where signage, fencing, or other

14  access-control measures designed to prevent unauthorized

15  access to that area are in place. During a period of a high

16  terrorist threat level designated by the United States

17  Department of Homeland Security or the Department of Law

18  Enforcement, or during an emergency declared by the seaport

19  security director of a port due to events applicable to that

20  particular port, the management or controlling authority of

21  the port may temporarily designate any part of the port

22  property as a restricted access area. The duration of such

23  designation is limited to the period when the high terrorist

24  threat level or port emergency exists. This section does not

25  limit the power of the managing or controlling authority of a

26  seaport to designate any port property as a restricted access

27  area as otherwise provided by law.

28         Section 4.  Section 311.123, Florida Statutes, is

29  created to read:

30         311.123  Maritime domain awareness training of

31  personnel working on Florida seaports.--The Florida Seaport

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    Florida Senate - 2006        (Corrected Copy)           SB 190
    5-67A-06




 1  Transportation and Economic Development Council, in

 2  conjunction with the Department of Law Enforcement and the

 3  Office of Drug Control within the Executive Office of the

 4  Governor, shall create a maritime domain awareness training

 5  program to instruct all workers within a seaport's boundaries

 6  about the security awareness procedures required of them in

 7  order to implement the seaport security plan. The training

 8  program curriculum must also include security training

 9  required pursuant to 33 C.F.R. part 105 and must be designed

10  to enable the seaports in this state to meet the training,

11  drill, and exercise requirements of 33 C.F.R. part 105 and

12  individual seaport security plans and to comply with the

13  requirements of s. 311.12 concerning security awareness.

14         Section 5.  This act shall take effect July 1, 2006.

15  

16            *****************************************

17                          SENATE SUMMARY

18    Provides a procedure to allow an individual, who is
      otherwise unqualified, to be allowed unescorted access to
19    a seaport or restricted-access area. Provides for
      additional training and certification of seaport security
20    officers. Creates the Seaport Security Officer
      Qualifications, Training, and Standards Steering
21    Committee. Provides for membership and duties. Provides
      certification requirements as a seaport security officer.
22    Requires the Florida Seaport Transportation and Economic
      Development Council to create a maritime domain awareness
23    training program. (See bill for details.)

24  

25  

26  

27  

28  

29  

30  

31  

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