HB 7145

1
A bill to be entitled
2An act relating to seaport security; creating s. 311.111,
3F.S.; requiring each seaport authority or governing board
4of a seaport that is subject to the statewide minimum
5seaport security standards to designate and identify
6security area designations, access requirements, and
7security enforcement authorizations on seaport premises
8and in seaport security plans; providing that any part of
9a port's property may be designated as a restricted access
10area under certain conditions; amending s. 311.12, F.S.;
11revising purpose of security plans maintained by seaports;
12requiring periodic plan revisions; requiring plans to be
13inspected for compliance by the Office of Drug Control and
14the Department of Law Enforcement based upon specified
15standards; providing requirements with respect to
16protection standards in specified restricted areas;
17requiring delivery of the plan to specified entities;
18requiring the Department of Law Enforcement to inspect
19every seaport within the state to determine if all
20security measures adopted by the seaport are in compliance
21with seaport security standards; requiring a report;
22authorizing seaports to request review by the Domestic
23Security Oversight Council of the findings in a Department
24of Law Enforcement inspection report; limiting the
25findings which the council is authorized to review;
26requiring the Department of Law Enforcement to establish a
27waiver process to grant certain individuals unescorted
28access to seaports or restricted access areas under
29certain circumstances; providing waiver process
30requirements; requiring the administrative staff of the
31Parole Commission to review the waiver application and
32transmit the findings to the department; requiring the
33department to make a final disposition of the application
34and notify the applicant and the seaport; providing that
35the waiver review process is exempt from the
36Administrative Procedure Act; providing procedures and
37requirements with respect to waiver of any physical
38facility requirement or other requirement contained in the
39statewide minimum standards for seaport security;
40providing a penalty for possession of a concealed weapon
41while on seaport property in a designated restricted area;
42creating the Seaport Standards Security Advisory Council
43under the Office of Drug Control within the Executive
44Office of the Governor; providing membership, terms,
45organization, and meetings of the council; requiring the
46Office of Drug Control to convene the Seaport Security
47Standards Advisory Council to review the statewide minimum
48standards for seaport security; requiring periodic review
49of the statewide minimum standards for seaport security to
50be conducted by the council; creating s. 311.121, F.S.;
51providing legislative intent with respect to the
52employment by seaports of certified law enforcement
53officers and certified private security officers;
54providing authority of seaports and requirements of the
55Department of Law Enforcement with respect to such intent;
56requiring the authority or governing board of each seaport
57that is subject to statewide minimum seaport security
58standards to impose specified requirements for
59certification as a seaport security officer; creating the
60Seaport Security Officer Qualification, Training, and
61Standards Coordinating Council under the Department of Law
62Enforcement; providing membership and organization of the
63council; providing terms of members; providing duties and
64authority of the council; requiring the Department of
65Education to develop curriculum recommendations and
66specifications of the council into initial and continuing
67education and training programs for seaport security
68officer certification; providing requirements and
69procedures with respect to such training programs;
70providing requirements and procedures with respect to
71certification as a seaport security officer; providing
72requirements for renewal of inactive or revoked
73certification; creating s. 311.122, F.S.; authorizing each
74seaport in the state to create a seaport law enforcement
75agency for its facility; providing requirements of an
76agency; requiring certification of an agency; providing
77requirements with respect to the composition of agency
78personnel; providing powers of seaport law enforcement
79agency officers and seaport security officers; creating s.
80311.123, F.S.; providing for the creation of a maritime
81domain security awareness training program; providing
82purpose of the program; providing program training
83curriculum requirements; creating s. 311.124, F.S.;
84providing authority of seaport security officers to detain
85persons suspected of trespassing in a designated
86restricted area of a seaport; providing immunity from
87specified criminal or civil liability; creating s.
88817.021, F.S.; providing a criminal penalty for willfully
89and knowingly providing false information in obtaining or
90attempting to obtain a seaport security identification
91card; providing an effective date.
92
93Be It Enacted by the Legislature of the State of Florida:
94
95     Section 1.  Section 311.111, Florida Statutes, is created
96to read:
97     311.111  Security area designations; access requirements;
98authority.--Each seaport authority or governing board of a
99seaport identified in s. 311.09 that is subject to the statewide
100minimum seaport security standards in s. 311.12 shall clearly
101designate in seaport security plans and clearly identify with
102appropriate signs and markers on the premises of a seaport the
103following security area designations, access requirements, and
104corresponding security enforcement authorizations, which may
105include, but not be limited to, clear notice of the prohibition
106on possession of concealed weapons and other contraband material
107on the premises of the seaport:
108     (1)  UNRESTRICTED PUBLIC ACCESS AREA.--An unrestricted
109public access area of a seaport is open to the general public
110without a seaport identification card other than that required
111as a condition of employment by a seaport director.
112     (2)  RESTRICTED PUBLIC ACCESS AREA.--A restricted public
113access area of a seaport is open to the public for a specific
114purpose via restricted access and open to individuals working on
115the seaport, seaport employees, or guests who have business with
116the seaport. Any person found in these areas without the proper
117level of identification card is subject to the trespass
118provisions of ss. 810.08 and 810.09 and this chapter. All
119persons and objects in these areas are subject to search by a
120sworn state-certified law enforcement officer, a Class D seaport
121security officer certified under Maritime Transportation
122Security Act guidelines and s. 311.121, or an employee of the
123seaport security force certified under the Maritime
124Transportation Security Act guidelines and s. 311.121.
125     (3)  RESTRICTED ACCESS AREA.--A restricted access area of a
126seaport is open only to individuals working on the seaport,
127seaport employees, or guests who have business with the seaport.
128Any person found in these areas without the proper level of
129identification card is subject to the trespass provisions of ss.
130810.08 and 810.09 and this chapter. All persons and objects in
131these areas are subject to search by a sworn state-certified law
132enforcement officer, a Class D seaport security officer
133certified under Maritime Transportation Security Act guidelines
134and s. 311.121, or an employee of the seaport security force
135certified under the Maritime Transportation Security Act
136guidelines and s. 311.121.
137     (4)  SECURED RESTRICTED ACCESS AREA.--A secured restricted
138access area of a seaport is open only to individuals working on
139the seaport, seaport employees, or guests who have business with
140the seaport and is secured at each point of access at all times
141by a Class D seaport security officer certified under the
142Maritime Transportation Security Act, a sworn state-certified
143law enforcement officer, or an employee of the port's security
144force certified under the Maritime Transportation Security Act.
145Any person found in these areas without the proper level of
146identification card is subject to the trespass provisions of ss.
147810.08 and 810.09 and this chapter. All persons and objects in
148these areas are subject to search by a Class D seaport security
149officer certified under Maritime Transportation Security Act
150guidelines and s. 311.121, a sworn state-certified law
151enforcement officer, or an employee of the seaport security
152force certified under the Maritime Transportation Security Act
153guidelines and s. 311.121.
154     (5)  TEMPORARY DESIGNATION.--During a period of high
155terrorist threat level designated by the United States
156Department of Homeland Security or the Florida Department of Law
157Enforcement or during an emergency declared at a port by the
158seaport security director due to events applicable to that
159particular port, the management or controlling authority of the
160port may temporarily designate any part of the port property as
161a restricted access area or a secured restricted access area.
162The duration of such designation is limited to the period in
163which the high terrorist threat level is in effect or a port
164emergency exists. Subsections (3) and (4) do not limit the power
165of the managing or controlling authority of a seaport to
166designate any port property as a restricted access area or a
167secured restricted access area as otherwise provided by law.
168     Section 2.  Subsection (2) and paragraph (b) of subsection
169(4) of section 311.12, Florida Statutes, are amended, paragraph
170(e) is added to subsection (3), and subsections (7) and (8) are
171added to that section, to read:
172     311.12  Seaport security standards; inspections;
173compliance; appeals.--
174     (2)(a)  Each seaport identified in s. 311.09 shall maintain
175a security plan to provide for a secure seaport infrastructure
176specific to that seaport that shall promote the safety and
177security of the residents and visitors of the state and promote
178the flow of legitimate trade and travel. Commencing January 1,
1792007, and every 5 years thereafter, the seaport director of each
180seaport, with the assistance of the Regional Domestic Security
181Task Force and in conjunction with the United States Coast
182Guard, shall revise the seaport security plan based on the
183results of continual, quarterly assessments by the seaport
184director of security risks and possible risks related to
185terrorist activities and relating to the specific and
186identifiable needs of the seaport which assures that the seaport
187is in substantial compliance with the statewide minimum
188standards established pursuant to subsection (1).
189     (b)  Each plan adopted or revised pursuant to this
190subsection shall be inspected for compliance and must be
191reviewed and approved by the Office of Drug Control and the
192Department of Law Enforcement based solely upon the standards as
193set forth under the most current Maritime Transportation
194Security Act, 33 C.F.R. s. 105.305, and the statewide minimum
195standards established pursuant to subsection (1). All such
196seaports shall allow unimpeded access by the Department of Law
197Enforcement to the affected facilities for purposes of plan or
198compliance inspections or other operations authorized by this
199section.
200     (c)  Each seaport security plan shall may establish
201unrestricted and restricted access areas within the seaport
202consistent with the requirements of the statewide minimum
203standards and the provisions of s. 311.111. In such cases, a
204Uniform Port Access Credential Card, authorizing restricted-area
205access, shall be required for any individual working within or
206authorized to regularly enter a restricted access area and the
207requirements in subsection (3) relating to criminal history
208checks and employment restrictions shall be applicable only to
209employees or other persons working within or authorized to
210regularly enter a restricted access area. Every seaport security
211plan shall set forth the conditions and restrictions to be
212imposed upon others visiting the port or any restricted access
213area sufficient to provide substantial compliance with the
214statewide minimum standards. As determined by the seaport
215director's most current risk assessment report, any restricted
216access area with a potential human occupancy of 50 persons or
217more, any cruise terminal, or any business operation that is
218adjacent to an unrestricted public access area shall be
219protected from the most probable and creditable terrorist threat
220to human life by the use of the methods and principles contained
221within Federal Emergency Management Agency, Risk Management
222Series, "Reference Manual to Mitigate Potential Terrorist
223Attacks Against Buildings" (FEMA 426) and the Federal Emergency
224Management Agency, Risk Management Series, "Risk Assessment: A
225How-To Guide to Mitigate Potential Terrorist Attacks Against
226Buildings" (FEMA 452).
227     (d)  Within 30 days after the completion of the seaport's
228security plan inspection by the Department of Law Enforcement,
229it shall be delivered to the United States Coast Guard, the
230Regional Domestic Security Task Force, and the Domestic Security
231Oversight Council.
232     (e)  It is the intent of the Legislature that Florida's
233seaports adhere to security practices that are consistent with
234risks assigned to each seaport through the risk assessment
235process established in this subsection. Therefore, the
236Department of Law Enforcement shall inspect every seaport within
237the state to determine if all security measures adopted by the
238seaport are in compliance with the standards set forth in this
239chapter and shall submit the department's findings within 30
240days after the inspection in a report to the Domestic Security
241Oversight Council and the United States Coast Guard for review,
242with requests to the Coast Guard for any necessary corrective
243action.
244     (f)  A seaport may request review by the Domestic Security
245Oversight Council of the findings in any Department of Law
246Enforcement inspection report as they relate to the requirements
247of this section. The Domestic Security Oversight Council may
248review only those findings under this section that are in
249specific dispute by the seaport. In reviewing the disputed
250findings, the council may concur in the findings of the
251department or the seaport or may recommend corrective action to
252the seaport. The department and the seaport shall give great
253weight to any findings and recommendations of the council.
254     (3)
255     (e)  The Department of Law Enforcement shall establish a
256waiver process to allow unescorted access to an individual who
257is found to be unqualified under paragraph (c) and denied
258employment by a seaport. The waiver consideration shall be based
259on the circumstances of any disqualifying act or offense,
260restitution made by the individual, and other factors from which
261it may be determined that the individual does not pose a risk of
262engaging in theft, drug trafficking, or terrorism within the
263public seaports regulated under this chapter or of harming any
264person. The waiver process shall begin when an individual who
265has been denied initial employment within or regular unescorted
266access to restricted areas of a public seaport as described in
267paragraph (c) submits an application for a waiver and notarized
268letter or affidavit from the individual's employer or union
269representative which states the mitigating reasons for
270initiating the waiver process. No later than 90 days after
271receipt of the application, the administrative staff of the
272Parole Commission shall conduct a factual review of the waiver
273application. Findings of fact shall be transmitted to the
274Department of Law Enforcement for review. The department shall
275make a copy of those findings available to the applicant before
276final disposition of the waiver request. The department shall
277make a final disposition of the waiver request based on the
278factual findings of the investigation by the Parole Commission.
279The department shall notify the waiver applicant and the port
280authority that originally denied employment to the applicant of
281the final disposition of the waiver. The review process under
282this paragraph is exempt from chapter 120.
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.