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. |