Florida Senate - 2008 CS for SB 470

By the Committee on Military Affairs and Domestic Security; and Senator Hill

583-05763-08 2008470c1

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A bill to be entitled

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An act relating to seaport security standards; amending s.

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311.12, F.S.; revising the membership of the Seaport

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Security Standards Advisory Council; amending s. 311.09,

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F.S.; revising the membership of the Florida Seaport

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Transportation and Economic Development Council; revising

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the duties of the Florida Seaport Transportation and

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Economic Development Council; requiring at least one

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annual council meeting; requiring an annual analysis and

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assessment of the economic impact of security on public

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seaports; requiring an annual report with recommendations

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to the Legislature; providing an effective date.

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Be It Enacted by the Legislature of the State of Florida:

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     Section 1.  Paragraph (b) of subsection (8) of section

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311.12, Florida Statutes, is amended to read:

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     311.12  Seaport security standards; inspections; compliance;

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appeals.--

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     (8)

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     (b)1.  The members of the Seaport Security Standards

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Advisory Council shall be appointed by the Governor and consist

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of the following:

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     a.  Two seaport directors.

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     b.  Two seaport security directors.

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     c.  One designee from the Department of Law Enforcement.

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     d.  One designee from the Office of Motor Carrier Compliance

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of the Department of Transportation.

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     e.  One designee from the Attorney General's Office.

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     f.  One designee from the Department of Agriculture and

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Consumer Services.

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     g.  One designee from the Office of Tourism, Trade, and

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Economic Development.

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     h.  One designee from the Office of Drug Control.

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     i. Two designees from an organization that represents the

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tenants of the seaports listed in s. 311.09(1).

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     j. Two designees from a labor organization, as defined in

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s.447.02, which represents seaport workers at the seaports listed

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in s. 311.09(1).

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     k. One designee from the Division of Law Enforcement of the

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Fish and Wildlife Conservation Commission.

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     l. Two designees of sheriffs who have law enforcement

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responsibilities on the seaports listed in s. 311.09(1).

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     m. One designee of a police chief who has law enforcement

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responsibilities on the seaports listed in s. 311.09(1).

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     2.  In addition to the members designated in subparagraph

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1., the council may invite a representative of the United States

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Coast Guard to attend and participate in council meetings as an

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ex officio, nonvoting member of the council.

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     Section 2.  Subsection (1) of section 311.09, Florida

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Statutes, is amended, and subsection (13) is added to that

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section, to read:

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     311.09  Florida Seaport Transportation and Economic

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Development Council.--

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     (1)  The Florida Seaport Transportation and Economic

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Development Council is created within the Department of

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Transportation. The council consists of the following 19 17

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members: the port director, or the port director's designee, of

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each of the ports of Jacksonville, Port Canaveral, Fort Pierce,

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Palm Beach, Port Everglades, Miami, Port Manatee, St. Petersburg,

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Tampa, Port St. Joe, Panama City, Pensacola, Key West, and

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Fernandina; the secretary of the Department of Transportation or

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his or her designee; the director of the Office of Tourism,

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Trade, and Economic Development or his or her designee; and the

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secretary of the Department of Community Affairs or his or her

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designee; one designee from an organization that represents the

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tenants of the state's seaports listed in s. 311.09(1); and one

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designee from a labor organization, as defined in s. 447.02,

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representing seaport workers at the state's seaports listed in s.

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311.09(1).

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     (13)(a) The council shall convene at least one meeting

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annually in order to consult with the appropriate maritime

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security committees, the Seaport Security Standards Advisory

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Council, the Department of Law Enforcement, port tenants, and

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other affected parties, and to analyze and assess actual and

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possible impacts of seaport security on commerce and trade.

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     (b) Pursuant to paragraph (a), the council shall consider

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in its analysis the cost of security on the seaports listed in

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this section. Such analysis shall include, but need not be

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limited to, the impact of seaport security on seaport operational

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and capital costs that are the result of requirements enacted by

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federal law individually, state law individually, and a

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combination of both federal and state law and shall exclude costs

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related to the routine business and safety operations of a port;

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the impact of seaport security costs on the ability of the

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seaports to fund enhanced commercial operations; the economic

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impact resulting from actual and potential criminal activity

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associated with seaport operations, including cargo theft, human

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trafficking, and the smuggling of illegal drugs through the

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public seaports; and the economic impact, including tax revenue

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loss, to the state of a successful terrorism event at a seaport

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covered under this section.

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     (c) The council shall make recommendations to promote the

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flow of legitimate trade and travel through the state's seaports

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and report its analysis and recommendations to the President of

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the Senate and the Speaker of the House of Representatives

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annually.

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     Section 3.  This act shall take effect July 1, 2008.

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