Senate Bill sb0190c3

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    Florida Senate - 2006              CS for CS for CS for SB 190

    By the Committees on Justice Appropriations; Commerce and
    Consumer Services; Criminal Justice; and Senators Wise and
    Lynn



    604-2377-06

  1                      A bill to be entitled

  2         An act relating to seaport security; creating

  3         s. 311.111, F.S.; requiring each seaport

  4         authority or governing board of a seaport that

  5         is subject to the statewide minimum seaport

  6         security standards to designate and identify

  7         security area designations, access

  8         requirements, and security enforcement

  9         authorizations on seaport premises and in

10         seaport security plans; providing that any part

11         of a port's property may be designated as a

12         restricted access area under certain

13         conditions; amending s. 311.12, F.S.; revising

14         purpose of security plans maintained by

15         seaports; requiring periodic plan revisions;

16         requiring plans to be inspected for compliance

17         by the Office of Drug Control and the

18         Department of Law Enforcement based upon

19         specified standards; providing requirements

20         with respect to protection standards in

21         specified restricted areas; requiring delivery

22         of the plan to specified entities; requiring

23         the Department of Law Enforcement to inspect

24         every seaport within the state to determine if

25         all security measures adopted by the seaport

26         are in compliance with seaport security

27         standards; requiring a report; authorizing

28         seaports to request review by the Domestic

29         Security Oversight Council of the findings in a

30         Department of Law Enforcement inspection

31         report; limiting the findings which the council

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 1         is authorized to review; requiring the

 2         Department of Law Enforcement to establish a

 3         waiver process to grant certain individuals

 4         unescorted access to seaports or restricted

 5         access areas under certain circumstances;

 6         providing waiver process requirements;

 7         requiring the administrative staff of the

 8         Parole Commission to review the waiver

 9         application and transmit the findings to the

10         department; requiring the department to make a

11         final disposition of the application and notify

12         the applicant and the seaport; providing that

13         the waiver review process is exempt from the

14         Administrative Procedure Act; providing

15         procedures and requirements with respect to

16         waiver of any physical facility requirement or

17         other requirement contained in the statewide

18         minimum standards for seaport security;

19         providing a penalty for possession of a

20         concealed weapon while on seaport property in a

21         designated restricted area; creating the

22         Seaport Standards Security Advisory Council

23         under the Office of Drug Control within the

24         Executive Office of the Governor; providing

25         membership, terms, organization, and meetings

26         of the council; requiring the Office of Drug

27         Control to convene the Seaport Security

28         Standards Advisory Council to review the

29         statewide minimum standards for seaport

30         security; requiring periodic review of the

31         statewide minimum standards for seaport

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 1         security to be conducted by the council;

 2         creating s. 311.121, F.S.; providing

 3         legislative intent with respect to the

 4         employment by seaports of certified law

 5         enforcement officers and certified private

 6         security officers; providing authority of

 7         seaports and requirements of the Department of

 8         Law Enforcement with respect to such intent;

 9         requiring the authority or governing board of

10         each seaport that is subject to statewide

11         minimum seaport security standards to impose

12         specified requirements for certification as a

13         seaport security officer; creating the Seaport

14         Security Officer Qualification, Training, and

15         Standards Coordinating Council under the

16         Department of Law Enforcement; providing

17         membership and organization of the council;

18         providing terms of members; providing duties

19         and authority of the council; requiring the

20         Department of Education to develop curriculum

21         recommendations and specifications of the

22         council into initial and continuing education

23         and training programs for seaport security

24         officer certification; providing requirements

25         and procedures with respect to such training

26         programs; providing requirements and procedures

27         with respect to certification as a seaport

28         security officer; providing requirements for

29         renewal of inactive or revoked certification;

30         creating s. 311.122, F.S.; authorizing each

31         seaport in the state to create a seaport law

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 1         enforcement agency for its facility; providing

 2         requirements of an agency; requiring

 3         certification of an agency; providing

 4         requirements with respect to the composition of

 5         agency personnel; providing powers of seaport

 6         law enforcement agency officers and seaport

 7         security officers; creating s. 311.123, F.S.;

 8         providing for the creation of a maritime domain

 9         security awareness training program; providing

10         purpose of the program; providing program

11         training curriculum requirements; creating s.

12         311.124, F.S.; providing authority of seaport

13         security officers to detain persons suspected

14         of trespassing in a designated restricted area

15         of a seaport; providing immunity from specified

16         criminal or civil liability; creating s.

17         817.021, F.S.; providing a criminal penalty for

18         willfully and knowingly providing false

19         information in obtaining or attempting to

20         obtain a seaport security identification card;

21         providing an effective date.

22  

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

24  

25         Section 1.  Section 311.111, Florida Statutes, is

26  created to read:

27         311.111  Security area designations; access

28  requirements; authority.--Each seaport authority or governing

29  board of a seaport identified in s. 311.09 that is subject to

30  the statewide minimum seaport security standards in s. 311.12

31  shall clearly designate in seaport security plans and clearly

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 1  identify with appropriate signs and markers on the premises of

 2  a seaport the following security area designations, access

 3  requirements, and corresponding security enforcement

 4  authorizations, which may include, but not be limited to,

 5  clear notice of the prohibition on possession of concealed

 6  weapons and other contraband material on the premises of the

 7  seaport:

 8         (1)  UNRESTRICTED PUBLIC ACCESS AREA.--An unrestricted

 9  public access area of a seaport is open to the general public

10  without a seaport identification card other than that required

11  as a condition of employment by a seaport director.

12         (2)  RESTRICTED PUBLIC ACCESS AREA.--A restricted

13  public access area of a seaport is open to the public for a

14  specific purpose via restricted access and open to individuals

15  working on the seaport, seaport employees, or guests who have

16  business with the seaport. Any person found in these areas

17  without the proper level of identification card is subject to

18  the trespass provisions of ss. 810.08 and 810.09 and this

19  chapter. All persons and objects in these areas are subject to

20  search by a sworn state-certified law enforcement officer, a

21  Class D seaport security officer certified under Maritime

22  Transportation Security Act guidelines and s. 311.121, or an

23  employee of the seaport security force certified under the

24  Maritime Transportation Security Act guidelines and s.

25  311.121.

26         (3)  RESTRICTED ACCESS AREA.--A restricted access area

27  of a seaport is open only to individuals working on the

28  seaport, seaport employees, or guests who have business with

29  the seaport. Any person found in these areas without the

30  proper level of identification card is subject to the trespass

31  provisions of ss. 810.08 and 810.09 and this chapter. All

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 1  persons and objects in these areas are subject to search by a

 2  sworn state-certified law enforcement officer, a Class D

 3  seaport security officer certified under Maritime

 4  Transportation Security Act guidelines and s. 311.121, or an

 5  employee of the seaport security force certified under the

 6  Maritime Transportation Security Act guidelines and s.

 7  311.121.

 8         (4)  SECURED RESTRICTED ACCESS AREA.--A secured

 9  restricted access area of a seaport is open only to

10  individuals working on the seaport, seaport employees, or

11  guests who have business with the seaport and is secured at

12  each point of access at all times by a Class D seaport

13  security officer certified under the Maritime Transportation

14  Security Act, a sworn state-certified law enforcement officer,

15  or an employee of the port's security force certified under

16  the Maritime Transportation Security Act. Any person found in

17  these areas without the proper level of identification card is

18  subject to the trespass provisions of ss. 810.08 and 810.09

19  and this chapter. All persons and objects in these areas are

20  subject to search by a Class D seaport security officer

21  certified under Maritime Transportation Security Act

22  guidelines and s. 311.121, a sworn state-certified law

23  enforcement officer, or an employee of the seaport security

24  force certified under the Maritime Transportation Security Act

25  guidelines and s. 311.121.

26         (5)  TEMPORARY DESIGNATION.--During a period of high

27  terrorist threat level designated by the United States

28  Department of Homeland Security or the Florida Department of

29  Law Enforcement or during an emergency declared at a port by

30  the seaport security director due to events applicable to that

31  particular port, the management or controlling authority of

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 1  the port may temporarily designate any part of the port

 2  property as a restricted access area or a secured restricted

 3  access area. The duration of such designation is limited to

 4  the period in which the high terrorist threat level is in

 5  effect or a port emergency exists. Subsections (3) and (4) do

 6  not limit the power of the managing or controlling authority

 7  of a seaport to designate any port property as a restricted

 8  access area or a secured restricted access area as otherwise

 9  provided by law.

10         Section 2.  Subsection (2) and paragraph (b) of

11  subsection (4) of section 311.12, Florida Statutes, are

12  amended, paragraph (e) is added to subsection (3), and

13  subsections (7) and (8) are added to that section, to read:

14         311.12  Seaport security standards; inspections;

15  compliance; appeals.--

16         (2)(a)  Each seaport identified in s. 311.09 shall

17  maintain a security plan to provide for a secure seaport

18  infrastructure specific to that seaport that shall promote the

19  safety and security of the residents and visitors of the state

20  and promote the flow of legitimate trade and travel.

21  Commencing January 1, 2007, and every 5 years thereafter, the

22  seaport director of each seaport, with the assistance of the

23  Regional Domestic Security Task Force and in conjunction with

24  the United States Coast Guard, shall revise the seaport

25  security plan based on the results of continual, quarterly

26  assessments by the seaport director of security risks and

27  possible risks related to terrorist activities and relating to

28  the specific and identifiable needs of the seaport which

29  assures that the seaport is in substantial compliance with the

30  statewide minimum standards established pursuant to subsection

31  (1).

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 1         (b)  Each plan adopted or revised pursuant to this

 2  subsection shall be inspected for compliance and must be

 3  reviewed and approved by the Office of Drug Control and the

 4  Department of Law Enforcement based solely upon the standards

 5  as set forth under the most current Maritime Transportation

 6  Security Act, 33 C.F.R. s. 105.305, and the statewide minimum

 7  standards established pursuant to subsection (1). All such

 8  seaports shall allow unimpeded access by the Department of Law

 9  Enforcement to the affected facilities for purposes of plan or

10  compliance inspections or other operations authorized by this

11  section.

12         (c)  Each seaport security plan shall may establish

13  unrestricted and restricted access areas within the seaport

14  consistent with the requirements of the statewide minimum

15  standards and the provisions of s. 311.111. In such cases, a

16  Uniform Port Access Credential Card, authorizing

17  restricted-area access, shall be required for any individual

18  working within or authorized to regularly enter a restricted

19  access area and the requirements in subsection (3) relating to

20  criminal history checks and employment restrictions shall be

21  applicable only to employees or other persons working within

22  or authorized to regularly enter a restricted access area.

23  Every seaport security plan shall set forth the conditions and

24  restrictions to be imposed upon others visiting the port or

25  any restricted access area sufficient to provide substantial

26  compliance with the statewide minimum standards. As determined

27  by the seaport director's most current risk assessment report,

28  any restricted access area with a potential human occupancy of

29  50 persons or more, any cruise terminal, or any business

30  operation that is adjacent to an unrestricted public access

31  area shall be protected from the most probable and creditable

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 1  terrorist threat to human life by the use of the methods and

 2  principles contained within Federal Emergency Management

 3  Agency, Risk Management Series, "Reference Manual to Mitigate

 4  Potential Terrorist Attacks Against Buildings" (FEMA 426) and

 5  the Federal Emergency Management Agency, Risk Management

 6  Series, "Risk Assessment: A How-To Guide to Mitigate Potential

 7  Terrorist Attacks Against Buildings" (FEMA 452).

 8         (d)  Within 30 days after the completion of the

 9  seaport's security plan inspection by the Department of Law

10  Enforcement, it shall be delivered to the United States Coast

11  Guard, the Regional Domestic Security Task Force, and the

12  Domestic Security Oversight Council.

13         (e)  It is the intent of the Legislature that Florida's

14  seaports adhere to security practices that are consistent with

15  risks assigned to each seaport through the risk assessment

16  process established in this subsection. Therefore, the

17  Department of Law Enforcement shall inspect every seaport

18  within the state to determine if all security measures adopted

19  by the seaport are in compliance with the standards set forth

20  in this chapter and shall submit the department's findings

21  within 30 days after the inspection in a report to the

22  Domestic Security Oversight Council and the United States

23  Coast Guard for review, with requests to the Coast Guard for

24  any necessary corrective action.

25         (f)  A seaport may request review by the Domestic

26  Security Oversight Council of the findings in any Department

27  of Law Enforcement inspection report as they relate to the

28  requirements of this section. The Domestic Security Oversight

29  Council may review only those findings under this section that

30  are in specific dispute by the seaport. In reviewing the

31  disputed findings, the council may concur in the findings of

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 1  the department or the seaport or may recommend corrective

 2  action to the seaport. The department and the seaport shall

 3  give great weight to any findings and recommendations of the

 4  council.

 5         (3)

 6         (e)  The Department of Law Enforcement shall establish

 7  a waiver process to allow unescorted access to an individual

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

 9  employment by a seaport. The waiver consideration shall be

10  based on the circumstances of any disqualifying act or

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

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

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

14  terrorism within the public seaports regulated under this

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

16  begin when an individual who has been denied initial

17  employment within or regular unescorted access to restricted

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

19  submits an application for a waiver and notarized letter or

20  affidavit from the individual's employer or union

21  representative which states the mitigating reasons for

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

23  receipt of the application, the administrative staff of the

24  Parole Commission shall conduct a factual review of the waiver

25  application. Findings of fact shall be transmitted to the

26  Department of Law Enforcement for review. The department shall

27  make a copy of those findings available to the applicant

28  before final disposition of the waiver request. The department

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

30  the factual findings of the investigation by the Parole

31  Commission. The department shall notify the waiver applicant

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 1  and the port authority that originally denied employment to

 2  the applicant of the final disposition of the waiver. The

 3  review process under this paragraph is exempt from chapter

 4  120.

 5         (4)

 6         (b)  The Office of Drug Control and the executive

 7  director of the Department of Law Enforcement may modify or

 8  waive any physical facility requirement or other requirement

 9  contained in the statewide minimum standards for seaport

10  security upon a finding or other determination that the

11  purposes of the standards have been reasonably met or exceeded

12  by the seaport requesting the modification or waiver.

13  Alternate means of compliance may not in any way diminish the

14  safety or security of the seaport and shall be verified

15  through an extensive risk analysis conducted by the port

16  director. Waivers shall be submitted in writing with

17  supporting documentation to the Office of Drug Control and the

18  Department of Law Enforcement. The Office of Drug Control and

19  the Department of Law Enforcement shall have 90 days to

20  jointly grant the waiver or reject the waiver in whole or in

21  part. Waivers not granted within 90 days or jointly rejected

22  shall be submitted by the seaport to the Domestic Security

23  Oversight Council for review. The Domestic Security Oversight

24  Council shall recommend that the Office of Drug Control and

25  the Department of Law Enforcement grant the waiver or reject

26  the waiver in whole or in part. The Office of Drug Control and

27  the Department of Law Enforcement shall give great weight to

28  any recommendations of the Domestic Security Oversight

29  Council. Waivers submitted for standards established under s.

30  311.122(3) shall not be granted for percentages below 10

31  percent. Such modifications or waivers shall be noted in the

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 1  annual report submitted by the Department of Law Enforcement

 2  pursuant to this subsection.

 3         (7)  Any person who has in his or her possession a

 4  concealed weapon, or who operates or has possession or control

 5  of a vehicle in or upon which a concealed weapon is placed or

 6  stored, while in a designated restricted area on seaport

 7  property commits a misdemeanor of the first degree, punishable

 8  as provided in s. 775.082 or s. 775.083. This subsection does

 9  not apply to active-duty certified federal or state law

10  enforcement personnel, or persons so designated by the seaport

11  director in writing.

12         (8)(a)  The Seaport Security Standards Advisory Council

13  is created under the Office of Drug Control. The council shall

14  serve as an advisory council under s. 20.03(7).

15         (b)1.  The members of the Seaport Security Standards

16  Advisory Council shall be appointed by the Governor and

17  consist of the following:

18         a.  Two seaport directors.

19         b.  Two seaport security directors.

20         c.  One designee from the Department of Law

21  Enforcement.

22         d.  One designee from the Office of Motor Carrier

23  Compliance of the Department of Transportation.

24         e.  One designee from the Attorney General's Office.

25         f.  One designee from the Department of Agriculture and

26  Consumer Services.

27         g.  One designee from the Office of Tourism, Trade, and

28  Economic Development.

29         h.  One designee from the Office of Drug Control.

30         2.  In addition to the members designated in

31  subparagraph 1., the council may invite a representative of

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 1  the United States Coast Guard to attend and participate in

 2  council meetings as an ex officio, nonvoting member of the

 3  council.

 4         (c)  Members of the council shall serve for terms of 4

 5  years. A vacancy shall be filled by the original appointing

 6  authority for the balance of the unexpired term.

 7         (d)  The Seaport Security Standards Advisory Council

 8  shall be chaired by a designee from the Office of Drug

 9  Control. The council shall meet upon the call of the chair and

10  at least once every 5 years.

11         (e)  Commencing on January 15, 2007, and at least every

12  4 years thereafter, the Office of Drug Control shall convene

13  the Seaport Security Standards Advisory Council to review the

14  statewide minimum standards. The Seaport Security Standards

15  Advisory Council shall review the statewide minimum standards

16  for seaport security for applicability to and effectiveness in

17  combating current narcotics and terrorism threats to Florida's

18  seaports. All sources of information allowed by law shall be

19  utilized in assessing the applicability and effectiveness of

20  the standards.

21         (f)  Seaport Security Standards Advisory Council

22  members shall serve without pay; however, per diem and travel

23  allowances may be claimed for attendance of officially called

24  meetings as provided by s. 112.061.

25         (g)  The Seaport Security Standards Advisory Council

26  shall consult with the appropriate area maritime security

27  committees to assess possible impacts to commerce and trade

28  contained in the council's non-classified recommendations and

29  findings.

30  

31  

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 1         (h)  Recommendations and findings of the council shall

 2  be transmitted to the Governor, the Speaker of the House of

 3  Representatives, and the President of the Senate.

 4         Section 3.  Section 311.121, Florida Statutes, is

 5  created to read:

 6         311.121  Qualifications, training, and certification of

 7  licensed security officers at Florida seaports.--

 8         (1)  It is the intent of the Legislature that seaports

 9  in the state be able to mitigate operational security costs

10  without reducing security levels by employing a combination of

11  certified law enforcement officers and certified private

12  security service officers. In order to accomplish this intent,

13  seaports shall have the option to recruit and employ seaport

14  security officers who are trained and certified pursuant to

15  the provisions of this section. The Department of Law

16  Enforcement shall adhere to this intent in the approval and

17  certification process for seaport security required under s.

18  311.12.

19         (2)  The authority or governing board of each seaport

20  identified under s. 311.09 that is subject to the statewide

21  minimum seaport security standards established in s. 311.12

22  shall require that a candidate for certification as a seaport

23  security officer:

24         (a)  Has received a Class D license as a security

25  officer under chapter 493.

26         (b)  Has successfully completed the certified training

27  curriculum for a Class D license or has been determined by the

28  Department of Agriculture and Consumer Services to have

29  equivalent experience as established by rule of the

30  department.

31  

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 1         (c)  Has completed the training or training equivalency

 2  and testing process established by this section for becoming a

 3  certified seaport security officer.

 4         (3)(a)  The Seaport Security Officer Qualification,

 5  Training, and Standards Coordinating Council is created under

 6  the Department of Law Enforcement.

 7         (b)1.  The executive director of the Department of Law

 8  Enforcement shall appoint 11 members to the council which

 9  shall include:

10         a.  The seaport administrator of the Department of Law

11  Enforcement.

12         b.  The chancellor of the Community College System.

13         c.  The director of the Division of Licensing of the

14  Department of Agriculture and Consumer Services.

15         d.  The administrator of the Florida Seaport

16  Transportation and Economic Development Council.

17         e.  Two seaport security directors from seaports

18  designated under s. 311.09.

19         f.  One director of a state law enforcement academy.

20         g.  One representative of a local law enforcement

21  agency.

22         h.  Two representatives of contract security services.

23         i.  One representative of the Division of Driver

24  Licenses of the Department of Highway Safety and Motor

25  Vehicles.

26         2.  In addition to the members designated in

27  subparagraph 1., the executive director may invite a

28  representative of the United States Coast Guard to attend and

29  participate in council meetings as an ex officio, nonvoting

30  member of the council.

31  

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 1         (c)  Council members designated in sub-subparagraphs

 2  (b)1.a.-d. shall serve for the duration of their employment or

 3  appointment. Council members designated under

 4  sub-subparagraphs (b)1.e.-i. shall serve 4-year terms, except

 5  that the initial appointment for the representative of a local

 6  law enforcement agency, one representative of a contract

 7  security agency, and one seaport security director from a

 8  seaport designated in s. 311.09 shall serve for terms of 2

 9  years.

10         (d)  The chancellor of the Community College System

11  shall serve as chair of the council.

12         (e)  The council shall meet upon the call of the chair,

13  and at least once a year to update or modify curriculum

14  recommendations.

15         (f)  Council members shall serve without pay; however,

16  per diem and travel allowances may be claimed for attendance

17  of officially called meetings as provided by s. 112.061.

18         (g)  By December 1, 2006, the council shall identify

19  the qualifications, training, and standards for seaport

20  security officer certification and recommend a curriculum for

21  the seaport security officer training program that shall

22  include no less than 218 hours of initial certification

23  training and that conforms to or exceeds model courses

24  approved by the Federal Maritime Act under Section 109 of the

25  Federal Maritime Transportation Security Act of 2002 for

26  facility personnel with specific security duties.

27         (h)  The council may recommend training equivalencies

28  that may be substituted for portions of the required training.

29         (i)  The council shall recommend a continuing education

30  curriculum of no less than 8 hours of additional training for

31  each annual licensing period.

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 1         (4)(a)  The Department of Education shall develop the

 2  curriculum recommendations and classroom-hour specifications

 3  of the Seaport Security Officer Qualifications, Training, and

 4  Standards Coordinating Council into initial and continuing

 5  education and training programs for seaport security officer

 6  certification.

 7         (b)  Such training programs shall be used by schools

 8  licensed under s. 493.6304, and each instructor providing

 9  training must hold a Class D license pursuant to s. 493.6301.

10         (c)  A seaport authority or other organization involved

11  in seaport-related activities may apply to become a school

12  licensed under s. 493.6304.

13         (d)  The training programs shall include proficiency

14  examinations that must be passed by each candidate for

15  certification who successfully completes the required hours of

16  training or provides proof of authorized training

17  equivalencies.

18         (e)  A candidate for certification must be provided

19  with a list of authorized training equivalencies in advance of

20  training; however, each candidate for certification must

21  successfully complete 20 hours of study specific to Florida

22  Maritime Security and pass the related portion of the

23  proficiency examination.

24         (5)  Seaport security officer certificates shall be

25  provided by the Department of Agriculture and Consumer

26  Services for issuance by a school licensed under s. 493.6304

27  and such school may issue the certificate to an applicant who

28  has successfully completed the training program. A school

29  shall notify the Division of Licensing within the department

30  upon the issuance of each certificate. The notification must

31  include the name and Class D license number of the certificate

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 1  holder and a copy of the certificate. The department shall

 2  place the notification with the licensee's file. Notification

 3  may be provided by electronic or paper format pursuant to

 4  instruction of the Department of Agriculture and Consumer

 5  Services.

 6         (6)(a)  Upon completion of the certification process, a

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

 8  license pursuant to s. 493.6107(2), which license shall state

 9  that the licensee is certified as a seaport security officer.

10         (b)  A person who has been issued a seaport security

11  officer certificate is authorized to perform duties

12  specifically required of a seaport security officer.

13         (c)  The certificate is valid for the duration of the

14  seaport security officer's Class D license and shall be

15  renewed upon renewal of the license.

16         (d)  The certificate shall become void if the seaport

17  security officer's Class D license is revoked or allowed to

18  lapse for more than 1 year or if the licensee fails to

19  complete the annual continuing education requirement prior to

20  expiration of the Class D license.

21         (e)  Renewal of certification following licensure

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

23  minimum, 20 hours of recertification training and

24  reexamination of the applicant.

25         Section 4.  Section 311.122, Florida Statutes, is

26  created to read:

27         311.122  Seaport law enforcement agency; authorization;

28  requirements; powers; training.--

29         (1)  Each seaport in the state is authorized to create

30  a seaport law enforcement agency for its facility, which

31  authority in no way precludes the seaport from contracting

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 1  with local governments or law enforcement agencies to comply

 2  with the security standards required by this chapter.

 3         (2)  Each seaport law enforcement agency shall meet all

 4  of the standards set by the state under certified law

 5  enforcement guidelines and requirements and shall be certified

 6  as provided under chapter 943.

 7         (3)  If a seaport creates a seaport law enforcement

 8  agency for its facility, a minimum of 30 percent of the

 9  aggregate personnel of each seaport law enforcement agency

10  shall be sworn state-certified law enforcement officers with

11  additional Maritime Transportation Security Act seaport

12  training; a minimum of 30 percent of on-duty personnel of each

13  seaport law enforcement agency shall be sworn state-certified

14  law enforcement officers with additional Maritime

15  Transportation Security Act seaport training; and at least one

16  on-duty supervisor must be a sworn state-certified law

17  enforcement officer with additional Maritime Transportation

18  Security Act seaport training.

19         (4)  For the purposes of this chapter, where

20  applicable, seaport law enforcement agency officers shall have

21  the same powers as university police officers as provided in

22  s. 1012.97; however, such powers do not extend beyond the

23  property of the seaport except in connection with an

24  investigation initiated on seaport property or in connection

25  with an immediate, imminent threat to the seaport.

26         (5)  For the purposes of this chapter, sworn

27  state-certified seaport security officers shall have the same

28  law enforcement powers with respect to the enforcement of

29  traffic laws on seaport property as university police officers

30  under s. 1012.97, community college police officers under s.

31  

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 1  1012.88, and airport police officers under the provisions of

 2  s. 316.640(1)(a)1.d.(I)-(II).

 3         (6)  Certified seaport security officers shall have the

 4  authority to immediately tow any vehicle parked illegally as

 5  indicated by an existing sign or during an emergency as deemed

 6  necessary to maintain seaport security.

 7         Section 5.  Section 311.123, Florida Statutes, is

 8  created to read:

 9         311.123  Maritime domain security awareness training

10  program.--

11         (1)  The Florida Seaport Transportation and Economic

12  Development Council, in conjunction with the Department of Law

13  Enforcement and the Office of Drug Control within the

14  Executive Office of the Governor, shall create a maritime

15  domain security awareness training program to instruct all

16  personnel employed within a seaport's boundaries about the

17  security procedures required of them for implementation of the

18  seaport security plan.

19         (2)  The training program curriculum must include

20  security training required pursuant to 33 C.F.R. part 105 and

21  must be designed to enable the seaports in this state to meet

22  the training, drill, and exercise requirements of 33 C.F.R.

23  part 105 and individual seaport security plans and to comply

24  with the requirements of s. 311.12 relating to security

25  awareness.

26         Section 6.  Section 311.124, Florida Statutes, is

27  created to read:

28         311.124  Trespassing; detention by a certified seaport

29  security officer.--

30         (1)  Any Class D or Class G seaport security officer

31  certified under the Maritime Transportation Security Act

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 1  guidelines and s. 311.121 or any employee of the seaport

 2  security force certified under the Maritime Transportation

 3  Security Act guidelines and s. 311.121 who has probable cause

 4  to believe that a person is trespassing pursuant to the

 5  provisions of s. 810.08 or s. 810.09 or this chapter in a

 6  designated restricted area pursuant to s. 311.111 is

 7  authorized to detain such person in a reasonable manner for a

 8  reasonable period of time pending the arrival of a law

 9  enforcement officer, and such action shall not render the

10  security officer criminally or civilly liable for false

11  arrest, false imprisonment, or unlawful detention.

12         (2)  Upon detaining a person for trespass, the seaport

13  security officer shall immediately call a certified law

14  enforcement officer to the scene.

15         Section 7.  Section 817.021, Florida Statutes, is

16  created to read:

17         817.021  False information to obtain a seaport security

18  identification card.--A person who willfully and knowingly

19  provides false information in obtaining or attempting to

20  obtain a seaport security identification card commits a felony

21  of the third degree, punishable as provided in s. 775.082 or

22  s. 775.083.

23         Section 8.  This act shall take effect July 1, 2006.

24  

25  

26  

27  

28  

29  

30  

31  

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 1          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
 2                       CS for CS for SB 190

 3                                 

 4  Restores language requiring each seaport to provide in its
    seaport security plans possible risks relating to the specific
 5  and identifiable needs of the seaport which assures that the
    seaport is in substantial compliance with the statewide
 6  minimum standards established.

 7  Establishes specific requirements of seaports to provide for
    the protection against the most probable and creditable
 8  terrorist threat to human life of any restricted access areas
    with a potential human occupancy of 50 persons or more, any
 9  cruise terminal, or any business operation that is adjacent to
    an unrestricted public access area.
10  
    Provides that a seaport may request review by the Domestic
11  Security Oversight Council of the findings in any Department
    of Law Enforcement inspection report relating to the seaport's
12  security plans.  The council may concur in the findings or may
    recommend corrective action to the seaport.  The department
13  and the seaport shall give great weight to any finding or
    recommendation of the council, but the findings are not final.
14  
    Creates the Seaport Security Standards Advisory Council, and
15  requires the council to commence on January 15, 2007 and every
    four years thereafter, to review statewide minimum standards
16  for seaport security.

17  Removes the requirement for the Seaport Security Standards
    Advisory Council to review specific infrastructure standards
18  for cruise passenger terminals or other buildings in a
    restricted-access area, and removes the requirement that the
19  council identify state or federal funding sources that may be
    used to finance the cost of potential infrastructure or
20  operational security measures.

21  Increases minimum staffing ratios for sworn seaport law
    enforcement personnel if a seaport creates a seaport law
22  enforcement agency for its facility.

23  

24  

25  

26  

27  

28  

29  

30  

31  

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