| 1 | A bill to be entitled |
| 2 | An act relating to seaport security; creating s. 311.111, |
| 3 | F.S.; requiring each seaport authority or governing board |
| 4 | of a seaport that is subject to the statewide minimum |
| 5 | seaport security standards to designate and identify |
| 6 | security area designations, access requirements, and |
| 7 | security enforcement authorizations on seaport premises |
| 8 | and in seaport security plans; providing that any part of |
| 9 | a port's property may be designated as a restricted access |
| 10 | area under certain conditions; amending s. 311.12, F.S.; |
| 11 | revising purpose of security plans maintained by seaports; |
| 12 | requiring periodic plan revisions; requiring plans to be |
| 13 | inspected by the Office of Drug Control and the Department |
| 14 | of Law Enforcement based upon specified standards; |
| 15 | providing requirements with respect to protection |
| 16 | standards in specified restricted areas; requiring |
| 17 | delivery of the plan to specified entities; requiring the |
| 18 | Department of Law Enforcement to inspect every seaport |
| 19 | within the state to determine if all security measures |
| 20 | adopted by the seaport are in compliance with seaport |
| 21 | security standards; requiring a report; authorizing |
| 22 | seaports to appeal findings in a Department of Law |
| 23 | Enforcement inspection report; requiring the Domestic |
| 24 | Security Oversight Council to establish a review process; |
| 25 | providing procedures and requirements with respect to |
| 26 | waiver of any physical facility requirement or other |
| 27 | requirement contained in the statewide minimum standards |
| 28 | for seaport security; providing a penalty for possession |
| 29 | of a concealed weapon while on seaport property in a |
| 30 | designated restricted area; requiring periodic review of |
| 31 | the statewide minimum standards for seaport security to be |
| 32 | conducted under the Office of Drug Control within the |
| 33 | Executive Office of the Governor; requiring the Office of |
| 34 | Drug Control to convene a Seaport Security Standards |
| 35 | Advisory Council to review the statewide minimum standards |
| 36 | for seaport security with respect to current narcotics and |
| 37 | terrorism threats to Florida's seaports; providing |
| 38 | membership, terms, organization, and meetings of the |
| 39 | council; creating s. 311.121, F.S.; requiring the |
| 40 | authority or governing board of each seaport that is |
| 41 | subject to statewide minimum seaport security standards to |
| 42 | impose specified requirements for certification as a |
| 43 | seaport security officer; creating the Seaport Security |
| 44 | Officer Qualification, Training, and Standards |
| 45 | Coordinating Council under the Department of Law |
| 46 | Enforcement; providing membership and organization of the |
| 47 | council; providing terms of members; providing duties and |
| 48 | authority of the council; requiring the Department of |
| 49 | Education to develop curriculum recommendations and |
| 50 | specifications of the council into initial and continuing |
| 51 | education and training programs for seaport security |
| 52 | officer certification; providing requirements and |
| 53 | procedures with respect to such training programs; |
| 54 | providing requirements and procedures with respect to |
| 55 | certification as a seaport security officer; providing |
| 56 | requirements for renewal of inactive or revoked |
| 57 | certification; creating s. 311.122, F.S.; authorizing each |
| 58 | seaport in the state to create a seaport law enforcement |
| 59 | agency for its facility; providing requirements of an |
| 60 | agency; requiring certification of an agency; providing |
| 61 | requirements with respect to the composition of agency |
| 62 | personnel; providing powers of seaport law enforcement |
| 63 | agency officers and seaport security officers; creating s. |
| 64 | 311.123, F.S.; providing for the creation of a maritime |
| 65 | domain security awareness training program; providing |
| 66 | purpose of the program; providing program training |
| 67 | curriculum requirements; creating s. 311.124, F.S.; |
| 68 | providing authority of seaport security officers to detain |
| 69 | persons suspected of trespassing in a designated |
| 70 | restricted area of a seaport; providing immunity from |
| 71 | specified criminal or civil liability; creating s. |
| 72 | 817.021, F.S.; providing a criminal penalty for willfully |
| 73 | and knowingly providing false information in obtaining or |
| 74 | attempting to obtain a seaport security identification |
| 75 | card; providing an effective date. |
| 76 |
|
| 77 | Be It Enacted by the Legislature of the State of Florida: |
| 78 |
|
| 79 | Section 1. Section 311.111, Florida Statutes is created to |
| 80 | read: |
| 81 | 311.111 Security area designations; access requirements; |
| 82 | authority.--Each seaport authority or governing board of a |
| 83 | seaport identified in s. 311.09 that is subject to the statewide |
| 84 | minimum seaport security standards in s. 311.12 shall clearly |
| 85 | designate in seaport security plans and clearly identify with |
| 86 | appropriate signs and markers on the premises of a seaport the |
| 87 | following security area designations, access requirements, and |
| 88 | corresponding security enforcement authorizations, which may |
| 89 | include, but not be limited to, clear notice of the prohibition |
| 90 | on possession of concealed weapons and other contraband material |
| 91 | on the premises of the seaport: |
| 92 | (1) UNRESTRICTED PUBLIC ACCESS AREA.--An unrestricted |
| 93 | public access area of a seaport is open to the general public |
| 94 | without a seaport identification card other than that required |
| 95 | as a condition of employment by a seaport director. |
| 96 | (2) RESTRICTED PUBLIC ACCESS AREA.--A restricted public |
| 97 | access area of a seaport is open to the public for a specific |
| 98 | purpose via restricted access and open to individuals working on |
| 99 | the seaport, seaport employees, or guests who have business with |
| 100 | the seaport. Any person found in these areas without the proper |
| 101 | level of identification card is subject to the trespass |
| 102 | provisions of ss. 810.08 and 810.09 and this chapter. All |
| 103 | persons and objects in these areas are subject to search by an |
| 104 | on-duty sworn state-certified law enforcement officer, a Class D |
| 105 | seaport officer certified under Maritime Transportation Security |
| 106 | Act guidelines, or an employee of the seaport security force |
| 107 | certified under the Maritime Transportation Security Act |
| 108 | guidelines. |
| 109 | (3) RESTRICTED ACCESS AREA.--A restricted access area of a |
| 110 | seaport is open only to individuals working on the seaport, |
| 111 | seaport employees, or guests who have business with the seaport. |
| 112 | Any person found in these areas without the proper level of |
| 113 | identification card is subject to the trespass provisions of ss. |
| 114 | 810.08 and 810.09 and this chapter. All persons and objects in |
| 115 | these areas are subject to search by an on-duty sworn state- |
| 116 | certified law enforcement officer, a Class D seaport officer |
| 117 | certified under Maritime Transportation Security Act guidelines, |
| 118 | or an employee of the seaport security force certified under the |
| 119 | Maritime Transportation Security Act guidelines. |
| 120 | (4) SECURED RESTRICTED ACCESS AREA.--A secured restricted |
| 121 | access area of a seaport is open only to individuals working on |
| 122 | the seaport, seaport employees, or guests who have business with |
| 123 | the seaport and is secured at each point of access at all times |
| 124 | by a Class D security guard certified under the Maritime |
| 125 | Transportation Security Act, a sworn state-certified law |
| 126 | enforcement officer, or an employee of the port's security force |
| 127 | certified under the Maritime Transportation Security Act. Any |
| 128 | person found in these areas without the proper level of |
| 129 | identification card is subject to the trespass provisions of ss. |
| 130 | 810.08 and 810.09 and this chapter. All persons and objects in |
| 131 | these areas are subject to search by an on-duty Class D seaport |
| 132 | security officer certified under Maritime Transportation |
| 133 | Security Act guidelines, a sworn state-certified law enforcement |
| 134 | officer, or an employee of the seaport security force certified |
| 135 | under the Maritime Transportation Security Act guidelines. |
| 136 |
|
| 137 | During a period of high terrorist threat level designated by the |
| 138 | United States Department of Homeland Security or the Florida |
| 139 | Department of Law Enforcement or during an emergency declared by |
| 140 | the seaport security director of a port due to events applicable |
| 141 | to that particular port, the management or controlling authority |
| 142 | of the port may temporarily designate any part of the port |
| 143 | property as a restricted access area or a secured restricted |
| 144 | access area. The duration of such designation is limited to the |
| 145 | period in which the high terrorist threat level is in effect or |
| 146 | port emergency exists. Subsections (3) and (4) do not limit the |
| 147 | power of the managing or controlling authority of a seaport to |
| 148 | designate any port property as a restricted access area or a |
| 149 | secured restricted access area as otherwise provided by law. |
| 150 | Section 2. Subsection (2) and paragraph (b) of subsection |
| 151 | (4) of section 311.12, Florida Statutes, are amended, and |
| 152 | subsections (7) and (8) are added to that section, to read: |
| 153 | 311.12 Seaport security standards; inspections; |
| 154 | compliance; appeals.-- |
| 155 | (2)(a) Each seaport identified in s. 311.09 shall maintain |
| 156 | a security plan to provide for a secure seaport infrastructure |
| 157 | specific to that seaport that shall promote the safety and |
| 158 | security of the residents and visitors of the state and promote |
| 159 | the flow of legitimate trade and travel. Commencing January 1, |
| 160 | 2007, and every 5 years thereafter, the seaport director of each |
| 161 | seaport, with the assistance of the Regional Domestic Security |
| 162 | Task Force and in conjunction with the United States Coast |
| 163 | Guard, shall revise the seaport security plan based on the |
| 164 | results of continual, quarterly assessments by the seaport |
| 165 | director of security risks and possible risks related to |
| 166 | terrorist activities and relating to the specific and |
| 167 | identifiable needs of the seaport which assures that the seaport |
| 168 | is in substantial compliance with the statewide minimum |
| 169 | standards established pursuant to subsection (1). |
| 170 | (b) Each plan adopted or revised pursuant to this |
| 171 | subsection shall be inspected must be reviewed and approved by |
| 172 | the Office of Drug Control and the Department of Law Enforcement |
| 173 | based solely upon the standards as set forth under the Maritime |
| 174 | Transportation Security Act as revised July 2003, 33 C.F.R. s. |
| 175 | 105.305, and the statewide minimum standards established |
| 176 | pursuant to subsection (1). All such seaports shall allow |
| 177 | unimpeded access by the Department of Law Enforcement to the |
| 178 | affected facilities for purposes of plan or compliance |
| 179 | inspections or other operations authorized by this section. |
| 180 | (c) Each seaport security plan shall may establish |
| 181 | unrestricted and restricted access areas within the seaport |
| 182 | consistent with the requirements of the statewide minimum |
| 183 | standards and the provisions of s. 311.111. In such cases, a |
| 184 | Uniform Port Access Credential Card, authorizing restricted-area |
| 185 | access, shall be required for any individual working within or |
| 186 | authorized to regularly enter a restricted access area and the |
| 187 | requirements in subsection (3) relating to criminal history |
| 188 | checks and employment restrictions shall be applicable only to |
| 189 | employees or other persons working within or authorized to |
| 190 | regularly enter a restricted access area. Every seaport security |
| 191 | plan shall set forth the conditions and restrictions to be |
| 192 | imposed upon others visiting the port or any restricted access |
| 193 | area sufficient to provide substantial compliance with the |
| 194 | statewide minimum standards. As determined by the seaport |
| 195 | director's most current quarterly risk assessment report, any |
| 196 | restricted access area with a potential human occupancy of 50 |
| 197 | persons or more, any cruise terminal, or any business operation |
| 198 | that is adjacent to an unrestricted public access area shall be |
| 199 | protected from the most probable and creditable terrorist threat |
| 200 | to human life by the use of like or similar standards as those |
| 201 | set forth in the United States Department of Defense Minimum |
| 202 | Antiterrorism Standard for Buildings, Unified Facilities |
| 203 | Criteria 4-010-0. |
| 204 | (d) Within 30 days after the completion of the seaport's |
| 205 | security plan inspection by the Department of Law Enforcement, |
| 206 | it shall be delivered to the United States Coast Guard, Regional |
| 207 | Domestic Security Task Force, and the Domestic Security |
| 208 | Oversight Council. |
| 209 | (e) It is the intent of the Legislature that Florida's |
| 210 | seaports adhere to security practices that are consistent with |
| 211 | risks assigned to each seaport through the risk assessment |
| 212 | process established in this section. Therefore, the Department |
| 213 | of Law Enforcement shall inspect every seaport within the state |
| 214 | to determine if all security measures adopted by the seaport are |
| 215 | in compliance with the standards set forth in this chapter and |
| 216 | shall submit the department's findings within 30 days after the |
| 217 | inspection in a report to the Domestic Security Oversight |
| 218 | Council and the United States Coast Guard for review, with |
| 219 | requests to the Coast Guard for any necessary punitive action. |
| 220 | (f) Notwithstanding the provisions of chapter 120, a |
| 221 | seaport may appeal to the Domestic Security Oversight Council |
| 222 | for review and mediation the findings in any Department of Law |
| 223 | Enforcement inspection report as they relate to the requirements |
| 224 | of this section. The Domestic Security Oversight Council shall |
| 225 | establish a review process and may review only those findings |
| 226 | under this section that are in specific dispute by the seaport. |
| 227 | In reviewing the disputed findings, the council may concur in |
| 228 | the findings of the department or the seaport or may recommend |
| 229 | corrective action to the seaport. Findings of the council shall |
| 230 | be considered final. |
| 231 | (4) |
| 232 | (b) The Office of Drug Control and the executive director |
| 233 | of the Department of Law Enforcement may modify or waive any |
| 234 | physical facility requirement or other requirement contained in |
| 235 | the statewide minimum standards for seaport security upon a |
| 236 | finding or other determination that the purposes of the |
| 237 | standards have been reasonably met or exceeded by the seaport |
| 238 | requesting the modification or waiver. Alternate means of |
| 239 | compliance may not in any way diminish the safety or security of |
| 240 | the seaport and shall be verified through an extensive risk |
| 241 | analysis conducted by the port director. Waivers shall be |
| 242 | submitted in writing with supporting documentation to the Office |
| 243 | of Drug Control and the Department of Law Enforcement. The |
| 244 | Office of Drug Control and the Department of Law Enforcement |
| 245 | shall have 90 days to jointly grant the waiver or reject the |
| 246 | waiver in whole or in part. Waivers not granted within 90 days |
| 247 | or jointly rejected shall be submitted by the seaport to the |
| 248 | Domestic Security Oversight Council for consideration. The |
| 249 | Domestic Security Oversight Council shall grant the waiver or |
| 250 | reject the waiver in whole or in part. The decision of the |
| 251 | Domestic Security Oversight Council shall be considered final. |
| 252 | Waivers submitted for standards established under s. 311.122(3) |
| 253 | may not be granted for percentages below 10 percent. Such |
| 254 | modifications or waivers shall be noted in the annual report |
| 255 | submitted by the Department of Law Enforcement pursuant to this |
| 256 | subsection. |
| 257 | (7) Any person who has in his or her possession a |
| 258 | concealed weapon, or who operates or has possession or control |
| 259 | of a vehicle in or upon which a concealed weapon is placed or |
| 260 | stored, while in a designated restricted area on seaport |
| 261 | property commits a misdemeanor of the first degree, punishable |
| 262 | as provided in s. 775.082 or s. 775.083. This subsection does |
| 263 | not apply to active-duty certified federal or state law |
| 264 | enforcement personnel. |
| 265 | (8)(a) Commencing on January 15, 2007, and every 5 years |
| 266 | thereafter, a review of the statewide minimum standards for |
| 267 | seaport security as contained in paragraph(1)(a) shall be |
| 268 | conducted under the Office of Drug Control within the Executive |
| 269 | Office of the Governor by the Seaport Security Standards |
| 270 | Advisory Council as provided in paragraph (b). |
| 271 | (b) The Office of Drug Control shall convene a Seaport |
| 272 | Security Standards Advisory Council as defined in s. 20.03(7) to |
| 273 | review the statewide minimum standards for seaport security for |
| 274 | applicability to and effectiveness in combating current |
| 275 | narcotics and terrorism threats to Florida's seaports. All |
| 276 | sources of information allowed by law shall be utilized in |
| 277 | assessing the applicability and effectiveness of the standards. |
| 278 | (c) The members of the council shall consist of the |
| 279 | following: |
| 280 | 1. Two seaport directors appointed by the Governor. |
| 281 | 2. Two seaport security directors appointed by the |
| 282 | Governor. |
| 283 | 3. One designee from the Department of Law Enforcement. |
| 284 | 4. The director of the Office of Motor Carrier Compliance |
| 285 | of the Department of Transportation. |
| 286 | 5. One designee from the Attorney General's Office. |
| 287 | 6. One designee from the Department of Agriculture and |
| 288 | Consumer Services. |
| 289 | 7. One designee from the Office of Tourism, Trade, and |
| 290 | Economic Development. |
| 291 | 8. A representative of the United States Coast Guard who |
| 292 | shall serve as an ex officio member of the council. |
| 293 | (d) Members of the council shall serve for terms of 4 |
| 294 | years. A vacancy shall be filled by the original appointing |
| 295 | authority for the balance of the unexpired term. |
| 296 | (e) Seaport Security Standards Advisory Council members |
| 297 | shall serve without pay; however, state per diem and travel |
| 298 | allowances may be claimed for attendance of officially called |
| 299 | meetings as provided by s. 112.061. |
| 300 | (f) The Seaport Security Standards Advisory Council shall |
| 301 | be chaired by a designee from the Office of Drug Control. The |
| 302 | council shall meet upon the call of the chair and at least once |
| 303 | every 5 years. |
| 304 | (g) Recommendations and findings of the council shall be |
| 305 | transmitted to the Governor, the Speaker of the House of |
| 306 | Representatives, and the President of the Senate. |
| 307 | Section 3. Section 311.121, Florida Statutes, is created |
| 308 | to read: |
| 309 | 311.121 Qualifications, training, and certification of |
| 310 | licensed security officers at Florida seaports.-- |
| 311 | (1) It is the intent of the Legislature that seaports in |
| 312 | the state be able to mitigate operational security costs without |
| 313 | reducing security levels by employing a combination of certified |
| 314 | law enforcement officers and certified private security service |
| 315 | officers. The Department of Law Enforcement shall adhere to this |
| 316 | intent in the approval and certification process for seaport |
| 317 | security required under s. 311.12. |
| 318 | (2) The authority or governing board of each seaport |
| 319 | identified under s. 311.09 that is subject to the statewide |
| 320 | minimum seaport security standards established in s. 311.12 |
| 321 | shall require that a candidate for certification as a seaport |
| 322 | security officer: |
| 323 | (a) Has received a Class D license as a security officer |
| 324 | under chapter 493. |
| 325 | (b) Has successfully completed the certified training |
| 326 | curriculum for a Class D license or has been determined by the |
| 327 | Department of Agriculture and Consumer Services to have |
| 328 | equivalent experience as established by rule of the department. |
| 329 | (c) Has completed the training or training equivalency and |
| 330 | testing process established by this section for becoming a |
| 331 | certified seaport security officer. |
| 332 | (3)(a) The Seaport Security Officer Qualification, |
| 333 | Training, and Standards Coordinating Council is created under |
| 334 | the Department of Law Enforcement. |
| 335 | (b) The executive director of the Department of Law |
| 336 | Enforcement shall appoint 12 members to the council which shall |
| 337 | include: |
| 338 | 1. The seaport administrator of the Department of Law |
| 339 | Enforcement. |
| 340 | 2. The chancellor of the Community College System. |
| 341 | 3. The director of the Division of Licensing of the |
| 342 | Department of Agriculture and Consumer Services. |
| 343 | 4. The administrator of the Florida Seaport Transportation |
| 344 | and Economic Development Council. |
| 345 | 5. Two seaport security directors from seaports designated |
| 346 | under s. 311.09. |
| 347 | 6. One director of a state law enforcement academy. |
| 348 | 7. One representative of a local law enforcement agency. |
| 349 | 8. Two representatives of contract security services. |
| 350 | 9. One representative of the Division of Driver Licenses |
| 351 | of the Department of Highway Safety and Motor Vehicles. |
| 352 | 10. One representative of the United States Coast Guard. |
| 353 | (c) Council members designated in subparagraphs (b)1.-4. |
| 354 | shall serve for the duration of their employment or appointment. |
| 355 | Council members designated under subparagraphs (b)5.-10. shall |
| 356 | serve 4-year terms, except that the initial appointment for the |
| 357 | representative of a local law enforcement agency, one |
| 358 | representative of a contract security agency, and one seaport |
| 359 | security director from a seaport designated in s. 311.09 shall |
| 360 | serve for terms of 2 years. |
| 361 | (d) The chancellor of the Community College System shall |
| 362 | serve as chair of the council. |
| 363 | (e) The council shall meet upon the call of the chair, and |
| 364 | at least once a year to update or modify curriculum |
| 365 | recommendations. |
| 366 | (f) Council members shall serve without pay; however, |
| 367 | state per diem and travel allowances may be claimed for |
| 368 | attendance of officially called meetings as provided by s. |
| 369 | 112.061. |
| 370 | (g) The council shall identify the qualifications, |
| 371 | training, and standards for seaport security officer |
| 372 | certification and recommend a curriculum for the seaport |
| 373 | security officer training program that shall include no less |
| 374 | than 218 hours of initial certification training and that |
| 375 | conforms to or exceeds model courses approved by the Federal |
| 376 | Maritime Act under Section 109 of the Federal Maritime |
| 377 | Transportation Security Act of 2002 for facility personnel with |
| 378 | specific security duties. |
| 379 | (h) The council may recommend training equivalencies that |
| 380 | may be substituted for portions of the required training. |
| 381 | (i) The council shall recommend a continuing education |
| 382 | curriculum of no less than 8 hours of additional training for |
| 383 | each annual licensing period. |
| 384 | (4)(a) The Department of Education shall develop the |
| 385 | curriculum recommendations and classroom-hour specifications of |
| 386 | the Seaport Security Officer Qualifications, Training, and |
| 387 | Standards Coordinating Council into initial and continuing |
| 388 | education and training programs for seaport security officer |
| 389 | certification. |
| 390 | (b) Such training programs shall be used by schools |
| 391 | licensed under s. 493.6304, and each instructor providing |
| 392 | training must hold a Class D license pursuant to s. 493.6301. |
| 393 | (c) A seaport authority or other organization involved in |
| 394 | seaport-related activities may apply to become a school licensed |
| 395 | under s. 493.6304. |
| 396 | (d) The training programs shall include proficiency |
| 397 | examinations that must be passed by each candidate for |
| 398 | certification who successfully completes the required hours of |
| 399 | training or provides proof of authorized training equivalencies. |
| 400 | (e) A candidate for certification must be provided with a |
| 401 | list of authorized training equivalencies in advance of |
| 402 | training; however, each candidate for certification must |
| 403 | successfully complete 20 hours of study specific to Florida |
| 404 | Maritime Security and pass the related portion of the |
| 405 | proficiency examination. |
| 406 | (5) Seaport security officer certificates shall be |
| 407 | provided by the Department of Agriculture and Consumer Services |
| 408 | for issuance by a school licensed under s. 493.6304 and such |
| 409 | school may issue the certificate to an applicant who has |
| 410 | successfully completed the training program. A school shall |
| 411 | notify the Division of Licensing within the department upon the |
| 412 | issuance of each certificate. The notification must include the |
| 413 | name and Class D license number of the certificateholder and a |
| 414 | copy of the certificate. The department shall place the |
| 415 | notification with the licensee's file. Notification may be |
| 416 | provided by electronic or paper format pursuant to instruction |
| 417 | of the Department of Agriculture and Consumer Services. |
| 418 | (6)(a) Upon completion of the certification process, a |
| 419 | person holding a Class D license must apply for a revised |
| 420 | license pursuant to s. 493.6107(2), which license shall state |
| 421 | that the licensee is certified as a seaport security officer. |
| 422 | (b) A person who has been issued a seaport security |
| 423 | officer certificate is authorized to perform duties specifically |
| 424 | required of a seaport security officer. |
| 425 | (c) The certificate is valid for the duration of the |
| 426 | seaport security officer's Class D license and shall be renewed |
| 427 | upon renewal of the license. |
| 428 | (d) The certificate shall become void if the seaport |
| 429 | security officer's Class D license is revoked or allowed to |
| 430 | lapse for more than 1 year or if the licensee fails to complete |
| 431 | the annual continuing education requirement prior to expiration |
| 432 | of the Class D license. |
| 433 | (e) Renewal of certification following licensure |
| 434 | revocation or a lapse of longer than 1 year requires, at a |
| 435 | minimum, 20 hours of recertification training and reexamination |
| 436 | of the applicant. |
| 437 | Section 4. Section 311.122, Florida Statutes, is created |
| 438 | to read: |
| 439 | 311.122 Seaport law enforcement agency; authorization; |
| 440 | requirements; powers; training.-- |
| 441 | (1) Each seaport in the state is authorized to create a |
| 442 | seaport law enforcement agency for its facility, which authority |
| 443 | in no way precludes the seaport from contracting with local |
| 444 | governments or law enforcement agencies to comply with the |
| 445 | security standards required by this chapter. |
| 446 | (2) Each seaport law enforcement agency shall meet all of |
| 447 | the standards set by the state under certified law enforcement |
| 448 | guidelines and requirements and shall be certified as provided |
| 449 | under chapter 943. |
| 450 | (3) If a seaport creates a seaport law enforcement agency |
| 451 | for its facility, a minimum of 30 percent of the aggregate |
| 452 | personnel of each seaport law enforcement agency shall be sworn |
| 453 | state-certified law enforcement officers with additional |
| 454 | Maritime Transportation Security Act seaport training; a minimum |
| 455 | of 30 percent of on-duty personnel of each seaport law |
| 456 | enforcement agency shall be sworn state-certified law |
| 457 | enforcement officers with additional Maritime Transportation |
| 458 | Security Act seaport training; and at least one on-duty |
| 459 | supervisor must be a sworn state-certified law enforcement |
| 460 | officer with additional Maritime Transportation Security Act |
| 461 | seaport training. |
| 462 | (4) For the purposes of this chapter, where applicable, |
| 463 | seaport law enforcement agency officers shall have the same |
| 464 | powers as university police officers as provided in s. 1012.97; |
| 465 | however, such powers do not extend beyond the property of the |
| 466 | seaport except in connection with an investigation initiated on |
| 467 | seaport property or in connection with an immediate, imminent |
| 468 | threat to the seaport. |
| 469 | (5) For the purposes of this chapter, sworn state- |
| 470 | certified seaport security officers shall have the same law |
| 471 | enforcement powers with respect to the enforcement of traffic |
| 472 | laws on seaport property as university police officers under s. |
| 473 | 1012.97, community college police officers under s. 1012.88, and |
| 474 | airport police officers under the provisions of s. |
| 475 | 316.640(1)(a)1.d.(I)-(II). |
| 476 | (6) Certified seaport security officers shall have the |
| 477 | authority to immediately tow any vehicle parked illegally as |
| 478 | indicated by an existing sign or during an emergency as deemed |
| 479 | necessary to maintain seaport security. |
| 480 | Section 5. Section 311.123, Florida Statutes, is created |
| 481 | to read: |
| 482 | 311.123 Maritime domain security awareness training |
| 483 | program.-- |
| 484 | (1) The Florida Seaport Transportation and Economic |
| 485 | Development Council, in conjunction with the Department of Law |
| 486 | Enforcement and the Office of Drug Control within the Executive |
| 487 | Office of the Governor, shall create a maritime domain security |
| 488 | awareness training program to instruct all personnel employed |
| 489 | within a seaport's boundaries about the security procedures |
| 490 | required of them for implementation of the seaport security |
| 491 | plan. |
| 492 | (2) The training program curriculum must include security |
| 493 | training required pursuant to 33 C.F.R. part 105 and must be |
| 494 | designed to enable the seaports in this state to meet the |
| 495 | training, drill, and exercise requirements of 33 C.F.R. part 105 |
| 496 | and individual seaport security plans and to comply with the |
| 497 | requirements of s. 311.12 relating to security awareness. |
| 498 | Section 6. Section 311.124, Florida Statutes, is created |
| 499 | to read: |
| 500 | 311.124 Trespassing; detention by a certified seaport |
| 501 | security officer.-- |
| 502 | (1) Any Class D or Class G seaport security officer |
| 503 | certified under the Maritime Transportation Security Act |
| 504 | guidelines or any employee of the seaport security force |
| 505 | certified under the Maritime Transportation Security Act |
| 506 | guidelines who has probable cause to believe that a person is |
| 507 | trespassing pursuant to the provisions of s. 810.08 or s. 810.09 |
| 508 | or this chapter in a designated restricted area pursuant to s. |
| 509 | 311.111 is authorized to detain such person in a reasonable |
| 510 | manner for a reasonable period of time pending the arrival of a |
| 511 | law enforcement officer, and such action shall not render the |
| 512 | security officer criminally or civilly liable for false arrest, |
| 513 | false imprisonment, or unlawful detention. |
| 514 | (2) Upon detaining a person for trespass, the seaport |
| 515 | security officer shall immediately call a certified law |
| 516 | enforcement officer to the scene. |
| 517 | Section 7. Section 817.021, Florida Statutes, is created |
| 518 | to read: |
| 519 | 817.021 False information to obtain a seaport security |
| 520 | identification card.--A person who willfully and knowingly |
| 521 | provides false information in obtaining or attempting to obtain |
| 522 | a seaport security identification card commits a felony of the |
| 523 | third degree, punishable as provided in s. 775.082 or s. |
| 524 | 775.083. |
| 525 | Section 8. This act shall take effect July 1, 2006. |