HB 7145CS

CHAMBER ACTION



1The State Administration Council recommends the following:
2     Council/Committee Substitute
3     Remove the entire bill and insert:
4
A bill to be entitled
5An act relating to seaport security; creating s. 311.111,
6F.S.; requiring each seaport authority or governing board
7of a seaport that is subject to the statewide minimum
8seaport security standards to designate and identify
9security area designations, access requirements, and
10security enforcement authorizations on seaport premises
11and in seaport security plans; providing that any part of
12a port's property may be designated as a restricted access
13area under certain conditions; amending s. 311.12, F.S.;
14revising purpose of security plans maintained by seaports;
15requiring periodic plan revisions; requiring plans to be
16inspected for compliance by the Office of Drug Control and
17the Department of Law Enforcement based upon specified
18standards; providing requirements with respect to
19protection standards in specified restricted areas;
20requiring delivery of the plan to specified entities;
21requiring the Department of Law Enforcement to inspect
22every seaport within the state to determine if all
23security measures adopted by the seaport are in compliance
24with seaport security standards; requiring a report;
25authorizing seaports to request review by the Domestic
26Security Oversight Council of the findings in a Department
27of Law Enforcement inspection report; limiting the
28findings which the council is authorized to review;
29requiring the Department of Law Enforcement to establish
30by rule a waiver process to grant certain individuals
31unescorted access to seaports or restricted access areas
32under certain circumstances; providing waiver process
33requirements; requiring the administrative staff of the
34Parole Commission to review the waiver application and
35transmit the findings to the department; requiring the
36department to make a final disposition of the application
37and notify the applicant and the seaport; providing
38procedures and requirements with respect to waiver of any
39physical facility requirement or other requirement
40contained in the statewide minimum standards for seaport
41security; providing a penalty for possession of a
42concealed weapon while on seaport property in a designated
43restricted area; creating the Seaport Standards Security
44Advisory Council under the Office of Drug Control within
45the Executive Office of the Governor; providing
46membership, terms, organization, and meetings of the
47council; requiring the Office of Drug Control to convene
48the Seaport Security Standards Advisory Council to review
49the statewide minimum standards for seaport security;
50requiring periodic review of the statewide minimum
51standards for seaport security to be conducted by the
52council; creating s. 311.121, F.S.; providing legislative
53intent with respect to the employment by seaports of
54certified law enforcement officers and certified private
55security officers; providing authority of seaports and
56requirements of the Department of Law Enforcement with
57respect to such intent; requiring the authority or
58governing board of each seaport that is subject to
59statewide minimum seaport security standards to impose
60specified requirements for certification as a seaport
61security officer; creating the Seaport Security Officer
62Qualification, Training, and Standards Coordinating
63Council under the Department of Law Enforcement; providing
64membership and organization of the council; providing
65terms of members; providing duties and authority of the
66council; requiring the Department of Education to develop
67curriculum recommendations and specifications of the
68council into initial and continuing education and training
69programs for seaport security officer certification;
70providing requirements and procedures with respect to such
71training programs; providing requirements and procedures
72with respect to certification as a seaport security
73officer; providing requirements for renewal of inactive or
74revoked certification; creating s. 311.122, F.S.;
75authorizing each seaport in the state to create a seaport
76law enforcement agency for its facility; providing
77requirements of an agency; requiring certification of an
78agency; providing requirements with respect to the
79composition of agency personnel; providing powers of
80seaport law enforcement agency officers and seaport
81security officers; creating s. 311.123, F.S.; providing
82for the creation of a maritime domain security awareness
83training program; providing purpose of the program;
84providing program training curriculum requirements;
85creating s. 311.124, F.S.; providing authority of seaport
86security officers to detain persons suspected of
87trespassing in a designated restricted area of a seaport;
88providing immunity from specified criminal or civil
89liability; creating s. 817.021, F.S.; providing a criminal
90penalty for willfully and knowingly providing false
91information in obtaining or attempting to obtain a seaport
92security identification card; providing an effective date.
93
94Be It Enacted by the Legislature of the State of Florida:
95
96     Section 1.  Section 311.111, Florida Statutes, is created
97to read:
98     311.111  Security area designations; access requirements;
99authority.--Each seaport authority or governing board of a
100seaport identified in s. 311.09 that is subject to the statewide
101minimum seaport security standards in s. 311.12 shall clearly
102designate in seaport security plans and clearly identify with
103appropriate signs and markers on the premises of a seaport the
104following security area designations, access requirements, and
105corresponding security enforcement authorizations, which may
106include, but not be limited to, clear notice of the prohibition
107on possession of concealed weapons and other contraband material
108on the premises of the seaport:
109     (1)  UNRESTRICTED PUBLIC ACCESS AREA.--An unrestricted
110public access area of a seaport is open to the general public
111without a seaport identification card other than that required
112as a condition of employment by a seaport director.
113     (2)  RESTRICTED PUBLIC ACCESS AREA.--A restricted public
114access area of a seaport is open to the public for a specific
115purpose via restricted access and open to individuals working on
116the seaport, seaport employees, or guests who have business with
117the seaport. Any person found in these areas without the proper
118level of identification card is subject to the trespass
119provisions of ss. 810.08 and 810.09 and this chapter. All
120persons and objects in these areas are subject to search by a
121sworn state-certified law enforcement officer, a Class D seaport
122security officer certified under Maritime Transportation
123Security Act guidelines and s. 311.121, or an employee of the
124seaport security force certified under the Maritime
125Transportation Security Act guidelines and s. 311.121.
126     (3)  RESTRICTED ACCESS AREA.--A restricted access area of a
127seaport is open only to individuals working on the seaport,
128seaport employees, or guests who have business with the seaport.
129Any person found in these areas without the proper level of
130identification card is subject to the trespass provisions of ss.
131810.08 and 810.09 and this chapter. All persons and objects in
132these areas are subject to search by a sworn state-certified law
133enforcement officer, a Class D seaport security officer
134certified under Maritime Transportation Security Act guidelines
135and s. 311.121, or an employee of the seaport security force
136certified under the Maritime Transportation Security Act
137guidelines and s. 311.121.
138     (4)  SECURED RESTRICTED ACCESS AREA.--A secured restricted
139access area of a seaport is open only to individuals working on
140the seaport, seaport employees, or guests who have business with
141the seaport and is secured at each point of access at all times
142by a Class D seaport security officer certified under the
143Maritime Transportation Security Act, a sworn state-certified
144law enforcement officer, or an employee of the port's security
145force certified under the Maritime Transportation Security Act.
146Any person found in these areas without the proper level of
147identification card is subject to the trespass provisions of ss.
148810.08 and 810.09 and this chapter. All persons and objects in
149these areas are subject to search by a Class D seaport security
150officer certified under Maritime Transportation Security Act
151guidelines and s. 311.121, a sworn state-certified law
152enforcement officer, or an employee of the seaport security
153force certified under the Maritime Transportation Security Act
154guidelines and s. 311.121.
155     (5)  TEMPORARY DESIGNATION.--During a period of high
156terrorist threat level designated by the United States
157Department of Homeland Security or the Florida Department of Law
158Enforcement or during an emergency declared at a port by the
159seaport security director due to events applicable to that
160particular port, the management or controlling authority of the
161port may temporarily designate any part of the port property as
162a restricted access area or a secured restricted access area.
163The duration of such designation is limited to the period in
164which the high terrorist threat level is in effect or a port
165emergency exists. Subsections (3) and (4) do not limit the power
166of the managing or controlling authority of a seaport to
167designate any port property as a restricted access area or a
168secured restricted access area as otherwise provided by law.
169     Section 2.  Subsection (2) and paragraph (b) of subsection
170(4) of section 311.12, Florida Statutes, are amended, paragraph
171(e) is added to subsection (3), and subsections (7) and (8) are
172added to that section, to read:
173     311.12  Seaport security standards; inspections;
174compliance; appeals.--
175     (2)(a)  Each seaport identified in s. 311.09 shall maintain
176a security plan to provide for a secure seaport infrastructure
177specific to that seaport that shall promote the safety and
178security of the residents and visitors of the state and promote
179the flow of legitimate trade and travel. Commencing January 1,
1802007, and every 5 years thereafter, the seaport director of each
181seaport, with the assistance of the Regional Domestic Security
182Task Force and in conjunction with the United States Coast
183Guard, shall revise the seaport security plan based on the
184results of continual, quarterly assessments by the seaport
185director of security risks and possible risks related to
186terrorist activities and relating to the specific and
187identifiable needs of the seaport which assures that the seaport
188is in substantial compliance with the statewide minimum
189standards established pursuant to subsection (1).
190     (b)  Each plan adopted or revised pursuant to this
191subsection shall be inspected for compliance and must be
192reviewed and approved by the Office of Drug Control and the
193Department of Law Enforcement based solely upon the standards as
194set forth under the most current Maritime Transportation
195Security Act, 33 C.F.R. s. 105.305, and the statewide minimum
196standards established pursuant to subsection (1). All such
197seaports shall allow unimpeded access by the Department of Law
198Enforcement to the affected facilities for purposes of plan or
199compliance inspections or other operations authorized by this
200section.
201     (c)  Each seaport security plan shall may establish
202unrestricted and restricted access areas within the seaport
203consistent with the requirements of the statewide minimum
204standards and the provisions of s. 311.111. In such cases, a
205Uniform Port Access Credential Card, authorizing restricted-area
206access, shall be required for any individual working within or
207authorized to regularly enter a restricted access area and the
208requirements in subsection (3) relating to criminal history
209checks and employment restrictions shall be applicable only to
210employees or other persons working within or authorized to
211regularly enter a restricted access area. Every seaport security
212plan shall set forth the conditions and restrictions to be
213imposed upon others visiting the port or any restricted access
214area sufficient to provide substantial compliance with the
215statewide minimum standards. As determined by the seaport
216director's most current risk assessment report, any restricted
217access area with a potential human occupancy of 50 persons or
218more, any cruise terminal, or any business operation that is
219adjacent to an unrestricted public access area shall be
220protected from the most probable and creditable terrorist threat
221to human life by the use of the methods and principles contained
222within Federal Emergency Management Agency, Risk Management
223Series, "Reference Manual to Mitigate Potential Terrorist
224Attacks Against Buildings" (FEMA 426) and the Federal Emergency
225Management Agency, Risk Management Series, "Risk Assessment: A
226How-To Guide to Mitigate Potential Terrorist Attacks Against
227Buildings" (FEMA 452).
228     (d)  Within 30 days after the completion of the seaport's
229security plan inspection by the Department of Law Enforcement,
230it shall be delivered to the United States Coast Guard, the
231Regional Domestic Security Task Force, and the Domestic Security
232Oversight Council.
233     (e)  It is the intent of the Legislature that Florida's
234seaports adhere to security practices that are consistent with
235risks assigned to each seaport through the risk assessment
236process established in this subsection. Therefore, the
237Department of Law Enforcement shall inspect every seaport within
238the state to determine if all security measures adopted by the
239seaport are in compliance with the standards set forth in this
240chapter and shall submit the department's findings within 30
241days after the inspection in a report to the Domestic Security
242Oversight Council and the United States Coast Guard for review,
243with requests to the Coast Guard for any necessary corrective
244action.
245     (f)  A seaport may request review by the Domestic Security
246Oversight Council of the findings in any Department of Law
247Enforcement inspection report as they relate to the requirements
248of this section. The Domestic Security Oversight Council may
249review only those findings under this section that are in
250specific dispute by the seaport. In reviewing the disputed
251findings, the council may concur in the findings of the
252department or the seaport or may recommend corrective action to
253the seaport. The department and the seaport shall give great
254weight to any findings and recommendations of the council.
255     (3)
256     (e)  The Department of Law Enforcement shall establish by
257rule a waiver process to allow unescorted access to an
258individual who is found to be unqualified under paragraph (c)
259and denied employment by a seaport. The waiver consideration
260shall be based on the circumstances of any disqualifying act or
261offense, restitution made by the individual, and other factors
262from which it may be determined that the individual does not
263pose a risk of engaging in theft, drug trafficking, or terrorism
264within the public seaports regulated under this chapter or of
265harming any person. The waiver process shall begin when an
266individual who has been denied initial employment within or
267regular unescorted access to restricted areas of a public
268seaport as described in paragraph (c) submits an application for
269a waiver and notarized letter or affidavit from the individual's
270employer or union representative which states the mitigating
271reasons for initiating the waiver process. No later than 90 days
272after receipt of the application, the administrative staff of
273the Parole Commission shall conduct a factual review of the
274waiver application. Findings of fact shall be transmitted to the
275Department of Law Enforcement for review. The department shall
276make a copy of those findings available to the applicant before
277final disposition of the waiver request. The department shall
278make a final disposition of the waiver request based on the
279factual findings of the investigation by the Parole Commission.
280The department shall notify the waiver applicant and the port
281authority that originally denied employment to the applicant of
282the final disposition of the waiver.
283     (4)
284     (b)  The Office of Drug Control and the executive director
285of the Department of Law Enforcement may modify or waive any
286physical facility requirement or other requirement contained in
287the statewide minimum standards for seaport security upon a
288finding or other determination that the purposes of the
289standards have been reasonably met or exceeded by the seaport
290requesting the modification or waiver. Alternate means of
291compliance may not in any way diminish the safety or security of
292the seaport and shall be verified through an extensive risk
293analysis conducted by the port director. Waivers shall be
294submitted in writing with supporting documentation to the Office
295of Drug Control and the Department of Law Enforcement. The
296Office of Drug Control and the Department of Law Enforcement
297shall have 90 days to jointly grant the waiver or reject the
298waiver in whole or in part. Waivers not granted within 90 days
299or jointly rejected shall be submitted by the seaport to the
300Domestic Security Oversight Council for review. The Domestic
301Security Oversight Council shall recommend that the Office of
302Drug Control and the Department of Law Enforcement grant the
303waiver or reject the waiver in whole or in part. The Office of
304Drug Control and the Department of Law Enforcement shall give
305great weight to any recommendations of the Domestic Security
306Oversight Council. Waivers submitted for standards established
307under s. 311.122(3) shall not be granted for percentages below
30810 percent. Such modifications or waivers shall be noted in the
309annual report submitted by the Department of Law Enforcement
310pursuant to this subsection.
311     (7)  Any person who has in his or her possession a
312concealed weapon, or who operates or has possession or control
313of a vehicle in or upon which a concealed weapon is placed or
314stored, while in a designated restricted area on seaport
315property commits a misdemeanor of the first degree, punishable
316as provided in s. 775.082 or s. 775.083. This subsection does
317not apply to active-duty certified federal or state law
318enforcement personnel, or persons so designated by the seaport
319director in writing.
320     (8)(a)  The Seaport Security Standards Advisory Council is
321created under the Office of Drug Control. The council shall
322serve as an advisory council under s. 20.03(7).
323     (b)1.  The members of the Seaport Security Standards
324Advisory Council shall be appointed by the Governor and consist
325of the following:
326     a.  Two seaport directors.
327     b.  Two seaport security directors.
328     c.  One designee from the Department of Law Enforcement.
329     d.  One designee from the Office of Motor Carrier
330Compliance of the Department of Transportation.
331     e.  One designee from the Attorney General's Office.
332     f.  One designee from the Department of Agriculture and
333Consumer Services.
334     g.  One designee from the Office of Tourism, Trade, and
335Economic Development.
336     h.  One designee from the Office of Drug Control.
337     2.  In addition to the members designated in subparagraph
3381., the council may invite a representative of the United States
339Coast Guard to attend and participate in council meetings as an
340ex officio, nonvoting member of the council.
341     (c)  Members of the council shall serve for terms of 4
342years. A vacancy shall be filled by the original appointing
343authority for the balance of the unexpired term.
344     (d)  The Seaport Security Standards Advisory Council shall
345be chaired by a designee from the Office of Drug Control. The
346council shall meet upon the call of the chair and at least once
347every 5 years.
348     (e)  Commencing on January 15, 2007, and at least every 4
349years thereafter, the Office of Drug Control shall convene the
350Seaport Security Standards Advisory Council to review the
351statewide minimum standards. The Seaport Security Standards
352Advisory Council shall review the statewide minimum standards
353for seaport security for applicability to and effectiveness in
354combating current narcotics and terrorism threats to Florida's
355seaports. All sources of information allowed by law shall be
356utilized in assessing the applicability and effectiveness of the
357standards.
358     (f)  Seaport Security Standards Advisory Council members
359shall serve without pay; however, per diem and travel allowances
360may be claimed for attendance of officially called meetings as
361provided by s. 112.061.
362     (g)  The Seaport Security Standards Advisory Council shall
363consult with the appropriate area maritime security committees
364to assess possible impacts to commerce and trade contained in
365the council's non-classified recommendations and findings.
366     (h)  Recommendations and findings of the council shall be
367transmitted to the Governor, the Speaker of the House of
368Representatives, and the President of the Senate.
369     Section 3.  Section 311.121, Florida Statutes, is created
370to read:
371     311.121  Qualifications, training, and certification of
372licensed security officers at Florida seaports.--
373     (1)  It is the intent of the Legislature that seaports in
374the state be able to mitigate operational security costs without
375reducing security levels by employing a combination of certified
376law enforcement officers and certified private security service
377officers. In order to accomplish this intent, seaports shall
378have the option to recruit and employ seaport security officers
379who are trained and certified pursuant to the provisions of this
380section. The Department of Law Enforcement shall adhere to this
381intent in the approval and certification process for seaport
382security required under s. 311.12.
383     (2)  The authority or governing board of each seaport
384identified under s. 311.09 that is subject to the statewide
385minimum seaport security standards established in s. 311.12
386shall require that a candidate for certification as a seaport
387security officer:
388     (a)  Has received a Class D license as a security officer
389under chapter 493.
390     (b)  Has successfully completed the certified training
391curriculum for a Class D license or has been determined by the
392Department of Agriculture and Consumer Services to have
393equivalent experience as established by rule of the department.
394     (c)  Has completed the training or training equivalency and
395testing process established by this section for becoming a
396certified seaport security officer.
397     (3)(a)  The Seaport Security Officer Qualification,
398Training, and Standards Coordinating Council is created under
399the Department of Law Enforcement.
400     (b)1.  The executive director of the Department of Law
401Enforcement shall appoint 11 members to the council which shall
402include:
403     a.  The seaport administrator of the Department of Law
404Enforcement.
405     b.  The chancellor of the Community College System.
406     c.  The director of the Division of Licensing of the
407Department of Agriculture and Consumer Services.
408     d.  The administrator of the Florida Seaport Transportation
409and Economic Development Council.
410     e.  Two seaport security directors from seaports designated
411under s. 311.09.
412     f.  One director of a state law enforcement academy.
413     g.  One representative of a local law enforcement agency.
414     h.  Two representatives of contract security services.
415     i.  One representative of the Division of Driver Licenses
416of the Department of Highway Safety and Motor Vehicles.
417     2.  In addition to the members designated in subparagraph
4181., the executive director may invite a representative of the
419United States Coast Guard to attend and participate in council
420meetings as an ex officio, nonvoting member of the council.
421     (c)  Council members designated in sub-subparagraphs
422(b)1.a.-d. shall serve for the duration of their employment or
423appointment. Council members designated under sub-subparagraphs
424(b)1.e.-i.. shall serve 4-year terms, except that the initial
425appointment for the representative of a local law enforcement
426agency, one representative of a contract security agency, and
427one seaport security director from a seaport designated in s.
428311.09 shall serve for terms of 2 years.
429     (d)  The chancellor of the Community College System shall
430serve as chair of the council.
431     (e)  The council shall meet upon the call of the chair, and
432at least once a year to update or modify curriculum
433recommendations.
434     (f)  Council members shall serve without pay; however, per
435diem and travel allowances may be claimed for attendance of
436officially called meetings as provided by s. 112.061.
437     (g)  By December 1, 2006, the council shall identify the
438qualifications, training, and standards for seaport security
439officer certification and recommend a curriculum for the seaport
440security officer training program that shall include no less
441than 218 hours of initial certification training and that
442conforms to or exceeds model courses approved by the Federal
443Maritime Act under Section 109 of the Federal Maritime
444Transportation Security Act of 2002 for facility personnel with
445specific security duties.
446     (h)  The council may recommend training equivalencies that
447may be substituted for portions of the required training.
448     (i)  The council shall recommend a continuing education
449curriculum of no less than 8 hours of additional training for
450each annual licensing period.
451     (4)(a)  The Department of Education shall develop the
452curriculum recommendations and classroom-hour specifications of
453the Seaport Security Officer Qualifications, Training, and
454Standards Coordinating Council into initial and continuing
455education and training programs for seaport security officer
456certification.
457     (b)  Such training programs shall be used by schools
458licensed under s. 493.6304, and each instructor providing
459training must hold a Class D license pursuant to s. 493.6301.
460     (c)  A seaport authority or other organization involved in
461seaport-related activities may apply to become a school licensed
462under s. 493.6304.
463     (d)  The training programs shall include proficiency
464examinations that must be passed by each candidate for
465certification who successfully completes the required hours of
466training or provides proof of authorized training equivalencies.
467     (e)  A candidate for certification must be provided with a
468list of authorized training equivalencies in advance of
469training; however, each candidate for certification must
470successfully complete 20 hours of study specific to Florida
471Maritime Security and pass the related portion of the
472proficiency examination.
473     (5)  Seaport security officer certificates shall be
474provided by the Department of Agriculture and Consumer Services
475for issuance by a school licensed under s. 493.6304 and such
476school may issue the certificate to an applicant who has
477successfully completed the training program. A school shall
478notify the Division of Licensing within the department upon the
479issuance of each certificate. The notification must include the
480name and Class D license number of the certificate holder and a
481copy of the certificate. The department shall place the
482notification with the licensee's file. Notification may be
483provided by electronic or paper format pursuant to instruction
484of the Department of Agriculture and Consumer Services.
485     (6)(a)  Upon completion of the certification process, a
486person holding a Class D license must apply for a revised
487license pursuant to s. 493.6107(2), which license shall state
488that the licensee is certified as a seaport security officer.
489     (b)  A person who has been issued a seaport security
490officer certificate is authorized to perform duties specifically
491required of a seaport security officer.
492     (c)  The certificate is valid for the duration of the
493seaport security officer's Class D license and shall be renewed
494upon renewal of the license.
495     (d)  The certificate shall become void if the seaport
496security officer's Class D license is revoked or allowed to
497lapse for more than 1 year or if the licensee fails to complete
498the annual continuing education requirement prior to expiration
499of the Class D license.
500     (e)  Renewal of certification following licensure
501revocation or a lapse of longer than 1 year requires, at a
502minimum, 20 hours of recertification training and reexamination
503of the applicant.
504     Section 4.  Section 311.122, Florida Statutes, is created
505to read:
506     311.122  Seaport law enforcement agency; authorization;
507requirements; powers; training.--
508     (1)  Each seaport in the state is authorized to create a
509seaport law enforcement agency for its facility, which authority
510in no way precludes the seaport from contracting with local
511governments or law enforcement agencies to comply with the
512security standards required by this chapter.
513     (2)  Each seaport law enforcement agency shall meet all of
514the standards set by the state under certified law enforcement
515guidelines and requirements and shall be certified as provided
516under chapter 943.
517     (3)  If a seaport creates a seaport law enforcement agency
518for its facility, a minimum of 30 percent of the aggregate
519personnel of each seaport law enforcement agency shall be sworn
520state-certified law enforcement officers with additional
521Maritime Transportation Security Act seaport training; a minimum
522of 30 percent of on-duty personnel of each seaport law
523enforcement agency shall be sworn state-certified law
524enforcement officers with additional Maritime Transportation
525Security Act seaport training; and at least one on-duty
526supervisor must be a sworn state-certified law enforcement
527officer with additional Maritime Transportation Security Act
528seaport training.
529     (4)  For the purposes of this chapter, where applicable,
530seaport law enforcement agency officers shall have the same
531powers as university police officers as provided in s. 1012.97;
532however, such powers do not extend beyond the property of the
533seaport except in connection with an investigation initiated on
534seaport property or in connection with an immediate, imminent
535threat to the seaport.
536     (5)  For the purposes of this chapter, sworn state-
537certified seaport security officers shall have the same law
538enforcement powers with respect to the enforcement of traffic
539laws on seaport property as university police officers under s.
5401012.97, community college police officers under s. 1012.88, and
541airport police officers under the provisions of s.
542316.640(1)(a)1.d.(I)-(II).
543     (6)  Certified seaport security officers shall have the
544authority to immediately tow any vehicle parked illegally as
545indicated by an existing sign or during an emergency as deemed
546necessary to maintain seaport security.
547     Section 5.  Section 311.123, Florida Statutes, is created
548to read:
549     311.123  Maritime domain security awareness training
550program.--
551     (1)  The Florida Seaport Transportation and Economic
552Development Council, in conjunction with the Department of Law
553Enforcement and the Office of Drug Control within the Executive
554Office of the Governor, shall create a maritime domain security
555awareness training program to instruct all personnel employed
556within a seaport's boundaries about the security procedures
557required of them for implementation of the seaport security
558plan.
559     (2)  The training program curriculum must include security
560training required pursuant to 33 C.F.R. part 105 and must be
561designed to enable the seaports in this state to meet the
562training, drill, and exercise requirements of 33 C.F.R. part 105
563and individual seaport security plans and to comply with the
564requirements of s. 311.12 relating to security awareness.
565     Section 6.  Section 311.124, Florida Statutes, is created
566to read:
567     311.124  Trespassing; detention by a certified seaport
568security officer.--
569     (1)  Any Class D or Class G seaport security officer
570certified under the Maritime Transportation Security Act
571guidelines and s. 311.121 or any employee of the seaport
572security force certified under the Maritime Transportation
573Security Act guidelines and s. 311.121 who has probable cause to
574believe that a person is trespassing pursuant to the provisions
575of s. 810.08 or s. 810.09 or this chapter in a designated
576restricted area pursuant to s. 311.111 is authorized to detain
577such person in a reasonable manner for a reasonable period of
578time pending the arrival of a law enforcement officer, and such
579action shall not render the security officer criminally or
580civilly liable for false arrest, false imprisonment, or unlawful
581detention.
582     (2)  Upon detaining a person for trespass, the seaport
583security officer shall immediately call a certified law
584enforcement officer to the scene.
585     Section 7.  Section 817.021, Florida Statutes, is created
586to read:
587     817.021  False information to obtain a seaport security
588identification card.--A person who willfully and knowingly
589provides false information in obtaining or attempting to obtain
590a seaport security identification card commits a felony of the
591third degree, punishable as provided in s. 775.082 or s.
592775.083.
593     Section 8.  This act shall take effect July 1, 2006.


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