HB 7145CS

CHAMBER ACTION



1The Criminal Justice Committee recommends the following:
2
3     Council/Committee Substitute
4     Remove the entire bill and insert:
5
A bill to be entitled
6An act relating to seaport security; creating s. 311.111,
7F.S.; requiring each seaport authority or governing board
8of a seaport that is subject to the statewide minimum
9seaport security standards to designate and identify
10security area designations, access requirements, and
11security enforcement authorizations on seaport premises
12and in seaport security plans; providing that any part of
13a port's property may be designated as a restricted access
14area under certain conditions; amending s. 311.12, F.S.;
15revising purpose of security plans maintained by seaports;
16requiring periodic plan revisions; requiring plans to be
17inspected by the Office of Drug Control and the Department
18of Law Enforcement based upon specified standards;
19providing requirements with respect to protection
20standards in specified restricted areas; requiring
21delivery of the plan to specified entities; requiring the
22Department of Law Enforcement to inspect every seaport
23within the state to determine if all security measures
24adopted by the seaport are in compliance with seaport
25security standards; requiring a report; authorizing
26seaports to appeal findings in a Department of Law
27Enforcement inspection report; requiring the Domestic
28Security Oversight Council to establish a review process;
29providing procedures and requirements with respect to
30waiver of any physical facility requirement or other
31requirement contained in the statewide minimum standards
32for seaport security; providing a penalty for possession
33of a concealed weapon while on seaport property in a
34designated restricted area; requiring periodic review of
35the statewide minimum standards for seaport security to be
36conducted under the Office of Drug Control within the
37Executive Office of the Governor; requiring the Office of
38Drug Control to convene a Seaport Security Standards
39Advisory Council to review the statewide minimum standards
40for seaport security with respect to current narcotics and
41terrorism threats to Florida's seaports; providing
42membership, terms, organization, and meetings of the
43council; creating s. 311.121, F.S.; providing legislative
44intent with respect to the employment by seaports of
45certified law enforcement officers and certified private
46security officers; providing authority of seaports and
47requirements of the Department of Law Enforcement with
48respect to such intent; requiring the authority or
49governing board of each seaport that is subject to
50statewide minimum seaport security standards to impose
51specified requirements for certification as a seaport
52security officer; creating the Seaport Security Officer
53Qualification, Training, and Standards Coordinating
54Council under the Department of Law Enforcement; providing
55membership and organization of the council; providing
56terms of members; providing duties and authority of the
57council; requiring the Department of Education to develop
58curriculum recommendations and specifications of the
59council into initial and continuing education and training
60programs for seaport security officer certification;
61providing requirements and procedures with respect to such
62training programs; providing requirements and procedures
63with respect to certification as a seaport security
64officer; providing requirements for renewal of inactive or
65revoked certification; creating s. 311.122, F.S.;
66authorizing each seaport in the state to create a seaport
67law enforcement agency for its facility; providing
68requirements of an agency; requiring certification of an
69agency; providing requirements with respect to the
70composition of agency personnel; providing powers of
71seaport law enforcement agency officers and seaport
72security officers; creating s. 311.123, F.S.; providing
73for the creation of a maritime domain security awareness
74training program; providing purpose of the program;
75providing program training curriculum requirements;
76creating s. 311.124, F.S.; providing authority of seaport
77security officers to detain persons suspected of
78trespassing in a designated restricted area of a seaport;
79providing immunity from specified criminal or civil
80liability; creating s. 817.021, F.S.; providing a criminal
81penalty for willfully and knowingly providing false
82information in obtaining or attempting to obtain a seaport
83security identification card; providing an effective date.
84
85Be It Enacted by the Legislature of the State of Florida:
86
87     Section 1.  Section 311.111, Florida Statutes is created to
88read:
89     311.111  Security area designations; access requirements;
90authority.--Each seaport authority or governing board of a
91seaport identified in s. 311.09 that is subject to the statewide
92minimum seaport security standards in s. 311.12 shall clearly
93designate in seaport security plans and clearly identify with
94appropriate signs and markers on the premises of a seaport the
95following security area designations, access requirements, and
96corresponding security enforcement authorizations, which may
97include, but not be limited to, clear notice of the prohibition
98on possession of concealed weapons and other contraband material
99on the premises of the seaport:
100     (1)  UNRESTRICTED PUBLIC ACCESS AREA.--An unrestricted
101public access area of a seaport is open to the general public
102without a seaport identification card other than that required
103as a condition of employment by a seaport director.
104     (2)  RESTRICTED PUBLIC ACCESS AREA.--A restricted public
105access area of a seaport is open to the public for a specific
106purpose via restricted access and open to individuals working on
107the seaport, seaport employees, or guests who have business with
108the seaport. Any person found in these areas without the proper
109level of identification card is subject to the trespass
110provisions of ss. 810.08 and 810.09 and this chapter. All
111persons and objects in these areas are subject to search by an
112on-duty sworn state-certified law enforcement officer, a Class D
113seaport security officer certified under Maritime Transportation
114Security Act guidelines and s. 311.121, or an employee of the
115seaport security force certified under the Maritime
116Transportation Security Act guidelines and s. 311.121.
117     (3)  RESTRICTED ACCESS AREA.--A restricted access area of a
118seaport is open only to individuals working on the seaport,
119seaport employees, or guests who have business with the seaport.
120Any person found in these areas without the proper level of
121identification card is subject to the trespass provisions of ss.
122810.08 and 810.09 and this chapter. All persons and objects in
123these areas are subject to search by an on-duty sworn state-
124certified law enforcement officer, a Class D seaport security
125officer certified under Maritime Transportation Security Act
126guidelines and s. 311.121, or an employee of the seaport
127security force certified under the Maritime Transportation
128Security Act guidelines and s. 311.121.
129     (4)  SECURED RESTRICTED ACCESS AREA.--A secured restricted
130access area of a seaport is open only to individuals working on
131the seaport, seaport employees, or guests who have business with
132the seaport and is secured at each point of access at all times
133by a Class D seaport security officer certified under the
134Maritime Transportation Security Act, a sworn state-certified
135law enforcement officer, or an employee of the port's security
136force certified under the Maritime Transportation Security Act.
137Any person found in these areas without the proper level of
138identification card is subject to the trespass provisions of ss.
139810.08 and 810.09 and this chapter. All persons and objects in
140these areas are subject to search by an on-duty Class D seaport
141security officer certified under Maritime Transportation
142Security Act guidelines and s. 311.121, an on-duty sworn state-
143certified law enforcement officer, or an employee of the seaport
144security force certified under the Maritime Transportation
145Security Act guidelines and s. 311.121.
146
147During a period of high terrorist threat level designated by the
148United States Department of Homeland Security or the Florida
149Department of Law Enforcement or during an emergency declared by
150the seaport security director of a port due to events applicable
151to that particular port, the management or controlling authority
152of the port may temporarily designate any part of the port
153property as a restricted access area or a secured restricted
154access area. The duration of such designation is limited to the
155period in which the high terrorist threat level is in effect or
156port emergency exists. Subsections (3) and (4) do not limit the
157power of the managing or controlling authority of a seaport to
158designate any port property as a restricted access area or a
159secured restricted access area as otherwise provided by law.
160     Section 2.  Subsection (2) and paragraph (b) of subsection
161(4) of section 311.12, Florida Statutes, are amended, and
162subsections (7) and (8) are added to that section, to read:
163     311.12  Seaport security standards; inspections;
164compliance; appeals.--
165     (2)(a)  Each seaport identified in s. 311.09 shall maintain
166a security plan to provide for a secure seaport infrastructure
167specific to that seaport that shall promote the safety and
168security of the residents and visitors of the state and promote
169the flow of legitimate trade and travel. Commencing January 1,
1702007, and every 5 years thereafter, the seaport director of each
171seaport, with the assistance of the Regional Domestic Security
172Task Force and in conjunction with the United States Coast
173Guard, shall revise the seaport security plan based on the
174results of continual, quarterly assessments by the seaport
175director of security risks and possible risks related to
176terrorist activities and relating to the specific and
177identifiable needs of the seaport which assures that the seaport
178is in substantial compliance with the statewide minimum
179standards established pursuant to subsection (1).
180     (b)  Each plan adopted or revised pursuant to this
181subsection shall be inspected must be reviewed and approved by
182the Office of Drug Control and the Department of Law Enforcement
183based solely upon the standards as set forth under the Maritime
184Transportation Security Act as revised July 2003, 33 C.F.R. s.
185105.305, and the statewide minimum standards established
186pursuant to subsection (1). All such seaports shall allow
187unimpeded access by the Department of Law Enforcement to the
188affected facilities for purposes of plan or compliance
189inspections or other operations authorized by this section.
190     (c)  Each seaport security plan shall may establish
191unrestricted and restricted access areas within the seaport
192consistent with the requirements of the statewide minimum
193standards and the provisions of s. 311.111. In such cases, a
194Uniform Port Access Credential Card, authorizing restricted-area
195access, shall be required for any individual working within or
196authorized to regularly enter a restricted access area and the
197requirements in subsection (3) relating to criminal history
198checks and employment restrictions shall be applicable only to
199employees or other persons working within or authorized to
200regularly enter a restricted access area. Every seaport security
201plan shall set forth the conditions and restrictions to be
202imposed upon others visiting the port or any restricted access
203area sufficient to provide substantial compliance with the
204statewide minimum standards. As determined by the seaport
205director's most current quarterly risk assessment report, any
206restricted access area with a potential human occupancy of 50
207persons or more, any cruise terminal, or any business operation
208that is adjacent to an unrestricted public access area shall be
209protected from the most probable and creditable terrorist threat
210to human life by the use of like or similar standards as those
211set forth in the United States Department of Defense Minimum
212Antiterrorism Standard for Buildings, Unified Facilities
213Criteria 4-010-0.
214     (d)  Within 30 days after the completion of the seaport's
215security plan inspection by the Department of Law Enforcement,
216it shall be delivered to the United States Coast Guard, the
217Regional Domestic Security Task Force, and the Domestic Security
218Oversight Council.
219     (e)  It is the intent of the Legislature that Florida's
220seaports adhere to security practices that are consistent with
221risks assigned to each seaport through the risk assessment
222process established in this section. Therefore, the Department
223of Law Enforcement shall inspect every seaport within the state
224to determine if all security measures adopted by the seaport are
225in compliance with the standards set forth in this chapter and
226shall submit the department's findings within 30 days after the
227inspection in a report to the Domestic Security Oversight
228Council and the United States Coast Guard for review, with
229requests to the Coast Guard for any necessary punitive action.
230     (f)  Notwithstanding the provisions of chapter 120, a
231seaport may appeal to the Domestic Security Oversight Council
232for review and mediation the findings in any Department of Law
233Enforcement inspection report as they relate to the requirements
234of this section. The Domestic Security Oversight Council shall
235establish a review process and may review only those findings
236under this section that are in specific dispute by the seaport.
237In reviewing the disputed findings, the council may concur in
238the findings of the department or the seaport or may recommend
239corrective action to the seaport. Findings of the council shall
240be considered final.
241     (4)
242     (b)  The Office of Drug Control and the executive director
243of the Department of Law Enforcement may modify or waive any
244physical facility requirement or other requirement contained in
245the statewide minimum standards for seaport security upon a
246finding or other determination that the purposes of the
247standards have been reasonably met or exceeded by the seaport
248requesting the modification or waiver. Alternate means of
249compliance may not in any way diminish the safety or security of
250the seaport and shall be verified through an extensive risk
251analysis conducted by the port director. Waivers shall be
252submitted in writing with supporting documentation to the Office
253of Drug Control and the Department of Law Enforcement. The
254Office of Drug Control and the Department of Law Enforcement
255shall have 90 days to jointly grant the waiver or reject the
256waiver in whole or in part. Waivers not granted within 90 days
257or jointly rejected shall be submitted by the seaport to the
258Domestic Security Oversight Council for consideration. The
259Domestic Security Oversight Council shall grant the waiver or
260reject the waiver in whole or in part. The decision of the
261Domestic Security Oversight Council shall be considered final.
262Waivers submitted for standards established under s. 311.122(3)
263may not be granted for percentages below 10 percent. Such
264modifications or waivers shall be noted in the annual report
265submitted by the Department of Law Enforcement pursuant to this
266subsection.
267     (7)  Any person who has in his or her possession a
268concealed weapon, or who operates or has possession or control
269of a vehicle in or upon which a concealed weapon is placed or
270stored, while in a designated restricted area on seaport
271property commits a misdemeanor of the first degree, punishable
272as provided in s. 775.082 or s. 775.083. This subsection does
273not apply to active-duty certified federal or state law
274enforcement personnel.
275     (8)(a)  Commencing on January 15, 2007, and at least every
2765 years thereafter, a review of the statewide minimum standards
277for seaport security as contained in paragraph (1)(a) shall be
278conducted under the Office of Drug Control within the Executive
279Office of the Governor by the Seaport Security Standards
280Advisory Council as provided in paragraph (b).
281     (b)  The Office of Drug Control shall convene a Seaport
282Security Standards Advisory Council as defined in s. 20.03(7) to
283review the statewide minimum standards for seaport security for
284applicability to and effectiveness in combating current
285narcotics and terrorism threats to Florida's seaports. All
286sources of information allowed by law shall be utilized in
287assessing the applicability and effectiveness of the standards.
288     (c)  The members of the council shall consist of the
289following:
290     1.  Two seaport directors appointed by the Governor.
291     2.  Two seaport security directors appointed by the
292Governor.
293     3.  One designee from the Department of Law Enforcement.
294     4.  The director of the Office of Motor Carrier Compliance
295of the Department of Transportation.
296     5.  One designee from the Attorney General's Office.
297     6.  One designee from the Department of Agriculture and
298Consumer Services.
299     7.  One designee from the Office of Tourism, Trade, and
300Economic Development.
301     8.  A representative of the United States Coast Guard who
302shall serve as an ex officio member of the council.
303     (d)  Members of the council shall serve for terms of 4
304years. A vacancy shall be filled by the original appointing
305authority for the balance of the unexpired term.
306     (e)  Seaport Security Standards Advisory Council members
307shall serve without pay; however, state per diem and travel
308allowances may be claimed for attendance of officially called
309meetings as provided by s. 112.061.
310     (f)  The Seaport Security Standards Advisory Council shall
311be chaired by a designee from the Office of Drug Control. The
312council shall meet upon the call of the chair and at least once
313every 5 years.
314     (g)  Recommendations and findings of the council shall be
315transmitted to the Governor, the Speaker of the House of
316Representatives, and the President of the Senate.
317     Section 3.  Section 311.121, Florida Statutes, is created
318to read:
319     311.121  Qualifications, training, and certification of
320licensed security officers at Florida seaports.--
321     (1)  It is the intent of the Legislature that seaports in
322the state be able to mitigate operational security costs without
323reducing security levels by employing a combination of certified
324law enforcement officers and certified private security service
325officers. In order to accomplish this intent, seaports shall
326have the option to recruit and employ seaport security officers
327who are trained and certified pursuant to the provisions of this
328section. The Department of Law Enforcement shall adhere to this
329intent in the approval and certification process for seaport
330security required under s. 311.12.
331     (2)  The authority or governing board of each seaport
332identified under s. 311.09 that is subject to the statewide
333minimum seaport security standards established in s. 311.12
334shall require that a candidate for certification as a seaport
335security officer:
336     (a)  Has received a Class D license as a security officer
337under chapter 493.
338     (b)  Has successfully completed the certified training
339curriculum for a Class D license or has been determined by the
340Department of Agriculture and Consumer Services to have
341equivalent experience as established by rule of the department.
342     (c)  Has completed the training or training equivalency and
343testing process established by this section for becoming a
344certified seaport security officer.
345     (3)(a)  The Seaport Security Officer Qualification,
346Training, and Standards Coordinating Council is created under
347the Department of Law Enforcement.
348     (b)  The executive director of the Department of Law
349Enforcement shall appoint 12 members to the council which shall
350include:
351     1.  The seaport administrator of the Department of Law
352Enforcement.
353     2.  The chancellor of the Community College System.
354     3.  The director of the Division of Licensing of the
355Department of Agriculture and Consumer Services.
356     4.  The administrator of the Florida Seaport Transportation
357and Economic Development Council.
358     5.  Two seaport security directors from seaports designated
359under s. 311.09.
360     6.  One director of a state law enforcement academy.
361     7.  One representative of a local law enforcement agency.
362     8.  Two representatives of contract security services.
363     9.  One representative of the Division of Driver Licenses
364of the Department of Highway Safety and Motor Vehicles.
365     10.  One representative of the United States Coast Guard
366who shall serve as an ex officio member of the council.
367     (c)  Council members designated in subparagraphs (b)1.-4.
368shall serve for the duration of their employment or appointment.
369Council members designated under subparagraphs (b)5.-10. shall
370serve 4-year terms, except that the initial appointment for the
371representative of a local law enforcement agency, one
372representative of a contract security agency, and one seaport
373security director from a seaport designated in s. 311.09 shall
374serve for terms of 2 years.
375     (d)  The chancellor of the Community College System shall
376serve as chair of the council.
377     (e)  The council shall meet upon the call of the chair, and
378at least once a year to update or modify curriculum
379recommendations.
380     (f)  Council members shall serve without pay; however,
381state per diem and travel allowances may be claimed for
382attendance of officially called meetings as provided by s.
383112.061.
384     (g)  By December 1, 2006, the council shall identify the
385qualifications, training, and standards for seaport security
386officer certification and recommend a curriculum for the seaport
387security officer training program that shall include no less
388than 218 hours of initial certification training and that
389conforms to or exceeds model courses approved by the Federal
390Maritime Act under Section 109 of the Federal Maritime
391Transportation Security Act of 2002 for facility personnel with
392specific security duties.
393     (h)  The council may recommend training equivalencies that
394may be substituted for portions of the required training.
395     (i)  The council shall recommend a continuing education
396curriculum of no less than 8 hours of additional training for
397each annual licensing period.
398     (4)(a)  The Department of Education shall develop the
399curriculum recommendations and classroom-hour specifications of
400the Seaport Security Officer Qualifications, Training, and
401Standards Coordinating Council into initial and continuing
402education and training programs for seaport security officer
403certification.
404     (b)  Such training programs shall be used by schools
405licensed under s. 493.6304, and each instructor providing
406training must hold a Class D license pursuant to s. 493.6301.
407     (c)  A seaport authority or other organization involved in
408seaport-related activities may apply to become a school licensed
409under s. 493.6304.
410     (d)  The training programs shall include proficiency
411examinations that must be passed by each candidate for
412certification who successfully completes the required hours of
413training or provides proof of authorized training equivalencies.
414     (e)  A candidate for certification must be provided with a
415list of authorized training equivalencies in advance of
416training; however, each candidate for certification must
417successfully complete 20 hours of study specific to Florida
418Maritime Security and pass the related portion of the
419proficiency examination.
420     (5)  Seaport security officer certificates shall be
421provided by the Department of Agriculture and Consumer Services
422for issuance by a school licensed under s. 493.6304 and such
423school may issue the certificate to an applicant who has
424successfully completed the training program. A school shall
425notify the Division of Licensing within the department upon the
426issuance of each certificate. The notification must include the
427name and Class D license number of the certificateholder and a
428copy of the certificate. The department shall place the
429notification with the licensee's file. Notification may be
430provided by electronic or paper format pursuant to instruction
431of the Department of Agriculture and Consumer Services.
432     (6)(a)  Upon completion of the certification process, a
433person holding a Class D license must apply for a revised
434license pursuant to s. 493.6107(2), which license shall state
435that the licensee is certified as a seaport security officer.
436     (b)  A person who has been issued a seaport security
437officer certificate is authorized to perform duties specifically
438required of a seaport security officer.
439     (c)  The certificate is valid for the duration of the
440seaport security officer's Class D license and shall be renewed
441upon renewal of the license.
442     (d)  The certificate shall become void if the seaport
443security officer's Class D license is revoked or allowed to
444lapse for more than 1 year or if the licensee fails to complete
445the annual continuing education requirement prior to expiration
446of the Class D license.
447     (e)  Renewal of certification following licensure
448revocation or a lapse of longer than 1 year requires, at a
449minimum, 20 hours of recertification training and reexamination
450of the applicant.
451     Section 4.  Section 311.122, Florida Statutes, is created
452to read:
453     311.122  Seaport law enforcement agency; authorization;
454requirements; powers; training.--
455     (1)  Each seaport in the state is authorized to create a
456seaport law enforcement agency for its facility, which authority
457in no way precludes the seaport from contracting with local
458governments or law enforcement agencies to comply with the
459security standards required by this chapter.
460     (2)  Each seaport law enforcement agency shall meet all of
461the standards set by the state under certified law enforcement
462guidelines and requirements and shall be certified as provided
463under chapter 943.
464     (3)  If a seaport creates a seaport law enforcement agency
465for its facility, a minimum of 30 percent of the aggregate
466personnel of each seaport law enforcement agency shall be sworn
467state-certified law enforcement officers with additional
468Maritime Transportation Security Act seaport training; a minimum
469of 30 percent of on-duty personnel of each seaport law
470enforcement agency shall be sworn state-certified law
471enforcement officers with additional Maritime Transportation
472Security Act seaport training; and at least one on-duty
473supervisor must be a sworn state-certified law enforcement
474officer with additional Maritime Transportation Security Act
475seaport training.
476     (4)  For the purposes of this chapter, where applicable,
477seaport law enforcement agency officers shall have the same
478powers as university police officers as provided in s. 1012.97;
479however, such powers do not extend beyond the property of the
480seaport except in connection with an investigation initiated on
481seaport property or in connection with an immediate, imminent
482threat to the seaport.
483     (5)  For the purposes of this chapter, sworn state-
484certified seaport security officers shall have the same law
485enforcement powers with respect to the enforcement of traffic
486laws on seaport property as university police officers under s.
4871012.97, community college police officers under s. 1012.88, and
488airport police officers under the provisions of s.
489316.640(1)(a)1.d.(I)-(II).
490     (6)  Certified seaport security officers shall have the
491authority to immediately tow any vehicle parked illegally as
492indicated by an existing sign or during an emergency as deemed
493necessary to maintain seaport security.
494     Section 5.  Section 311.123, Florida Statutes, is created
495to read:
496     311.123  Maritime domain security awareness training
497program.--
498     (1)  The Florida Seaport Transportation and Economic
499Development Council, in conjunction with the Department of Law
500Enforcement and the Office of Drug Control within the Executive
501Office of the Governor, shall create a maritime domain security
502awareness training program to instruct all personnel employed
503within a seaport's boundaries about the security procedures
504required of them for implementation of the seaport security
505plan.
506     (2)  The training program curriculum must include security
507training required pursuant to 33 C.F.R. part 105 and must be
508designed to enable the seaports in this state to meet the
509training, drill, and exercise requirements of 33 C.F.R. part 105
510and individual seaport security plans and to comply with the
511requirements of s. 311.12 relating to security awareness.
512     Section 6.  Section 311.124, Florida Statutes, is created
513to read:
514     311.124  Trespassing; detention by a certified seaport
515security officer.--
516     (1)  Any Class D or Class G seaport security officer
517certified under the Maritime Transportation Security Act
518guidelines and s. 311.121 or any employee of the seaport
519security force certified under the Maritime Transportation
520Security Act guidelines and s. 311.121 who has probable cause to
521believe that a person is trespassing pursuant to the provisions
522of s. 810.08 or s. 810.09 or this chapter in a designated
523restricted area pursuant to s. 311.111 is authorized to detain
524such person in a reasonable manner for a reasonable period of
525time pending the arrival of a law enforcement officer, and such
526action shall not render the security officer criminally or
527civilly liable for false arrest, false imprisonment, or unlawful
528detention.
529     (2)  Upon detaining a person for trespass, the seaport
530security officer shall immediately call a certified law
531enforcement officer to the scene.
532     Section 7.  Section 817.021, Florida Statutes, is created
533to read:
534     817.021  False information to obtain a seaport security
535identification card.--A person who willfully and knowingly
536provides false information in obtaining or attempting to obtain
537a seaport security identification card commits a felony of the
538third degree, punishable as provided in s. 775.082 or s.
539775.083.
540     Section 8.  This act shall take effect July 1, 2006.


CODING: Words stricken are deletions; words underlined are additions.