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A bill to be entitled

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An act relating to seaport security; amending s. 311.12,

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F.S.; requiring the Department of Law Enforcement to brief

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specified officials concerning the results of unannounced

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seaport inspections; requiring board members of governing

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authorities having responsibility for seaport operations

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or oversight to attend briefings; providing for removal

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from office of members having two unexcused absences;

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providing for a fine against the authority for missed

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sessions; requiring that a quorum of the board be present

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for a briefing to be conducted; providing for publication

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and announcement of attendance records; providing an

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effective date.

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

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     Section 1.  Subsection (4) of section 311.12, Florida

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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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     (4)(a)  Subject to the provisions of subsection (6), each

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affected seaport shall begin to implement its security plan

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developed under this section by July 1, 2001.

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     (b)  The Office of Drug Control and the executive director

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of the Department of Law Enforcement may modify or waive any

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physical facility requirement or other requirement contained in

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the statewide minimum standards for seaport security upon a

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finding or other determination that the purposes of the standards

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have been reasonably met or exceeded by the seaport requesting

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the modification or waiver. Alternate means of compliance may not

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in any way diminish the safety or security of the seaport and

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shall be verified through an extensive risk analysis conducted by

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the port director. Waivers shall be submitted in writing with

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supporting documentation to the Office of Drug Control and the

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Department of Law Enforcement. The Office of Drug Control and the

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Department of Law Enforcement shall have 90 days to jointly grant

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the waiver or reject the waiver in whole or in part. Waivers not

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granted within 90 days or jointly rejected shall be submitted by

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the seaport to the Domestic Security Oversight Council for

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review. The Domestic Security Oversight Council shall recommend

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that the Office of Drug Control and the Department of Law

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Enforcement grant the waiver or reject the waiver in whole or in

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part. The Office of Drug Control and the Department of Law

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Enforcement shall give great weight to any recommendations of the

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Domestic Security Oversight Council. Waivers submitted for

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standards established under s. 311.122(3) shall not be granted

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for percentages below 10 percent. Such modifications or waivers

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shall be noted in the annual report submitted by the Department

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of Law Enforcement pursuant to this subsection.

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     (c)  Beginning with the 2001-2002 fiscal year, the

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Department of Law Enforcement, or any entity designated by the

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department, shall conduct no less than one annual unannounced

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inspection of each seaport listed in s. 311.09 to determine

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whether the seaport is meeting the minimum standards established

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pursuant to this section, and to identify seaport security

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changes or improvements necessary or otherwise recommended. The

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Department of Law Enforcement, or any entity designated by the

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department, may conduct additional announced or unannounced

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inspections or operations within or affecting any affected

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seaport to test compliance with, or the effectiveness of,

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security plans and operations at each seaport, to determine

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compliance with physical facility requirements and standards, or

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to assist the department in identifying changes or improvements

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necessary to bring a seaport into compliance with the statewide

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minimum security standards.

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     (d) Following completion of each unannounced seaport

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inspection as described in paragraph (c), the Department of Law

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Enforcement shall provide an assessment briefing to the board

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members of the governing authority of the seaport and the local

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regional domestic security task force co-chairs. The briefing

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shall include findings from the inspection, areas of concern, and

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recommendations for improvements based on the findings.

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     (e) Each board member of a governing authority having

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responsibility for seaport oversight or operations, pursuant to

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s. 311.09(1) or paragraph (1)(b), must attend a session of the

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board to receive the Department of Law Enforcement's briefing.

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The board must keep written and audio recordings of all

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proceedings at such a session. Sessions to receive security

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briefings shall be held at least once a year, and a quorum of

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board members is no less than three-fifths of the total

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membership. The briefing may not proceed unless a quorum is

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present. Any member who fails to attend the executive session

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shall be removed from the board after two consecutive unexcused

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absences, or the seaport authority may be fined $10,000 per

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missed session under this paragraph. Fines collected under this

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paragraph shall be paid to the seaport and the local regional

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domestic security task force. All attendance records shall be

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published and announced at the next regular meeting of the board.

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     (f)(d) By December 31, 2001, and annually thereafter, the

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Department of Law Enforcement, in consultation with the Office of

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Drug Control, shall complete a report indicating the observations

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and findings of all inspections or operations conducted during

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the year and any recommendations developed by reason of such

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inspections. A copy of the report shall be provided to the

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Governor, the President of the Senate, the Speaker of the House

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of Representatives, and the chief administrator of each seaport

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inspected. The report shall include responses from the chief

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administrator of any seaport indicating what actions, if any,

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have been taken or are planned to be taken in response to the

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recommendations, observations, and findings reported by the

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department.

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     (g)(e) In making security project or other funding

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decisions applicable to each seaport listed in s. 311.09, the

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Legislature may consider as authoritative the annual report of

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the Department of Law Enforcement required by this section,

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especially regarding each seaport's degree of substantial

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compliance with the statewide minimum security standards

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established by this section. The Legislature shall review any

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seaport that is not in substantial compliance with the statewide

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minimum security standards by November 2005, as reported by the

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Department of Law Enforcement.

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     (h)(f) By December 31, 2004, the Legislature shall review

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the ongoing costs of operational security on seaports, the

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impacts of this section on those costs, mitigating factors that

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may reduce costs without reducing security, and methods by which

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seaports may implement operational security using a combination

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of sworn law enforcement officers and private security services.

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     (i)(g) Subject to the provisions of this chapter and

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appropriations made for seaport security, state funds may not be

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expended for operational security costs without certification of

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need for such expenditures by the Office of Ports Administrator

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within the Department of Law Enforcement.

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     Section 2.  This act shall take effect July 1, 2008.