Florida Senate - 2009                                    SB 2168
       
       
       
       By Senator Storms
       
       
       
       
       10-00864A-09                                          20092168__
    1                        A bill to be entitled                      
    2         An act relating to seaport security; amending s.
    3         311.12, F.S.; requiring the Department of Law
    4         Enforcement to provide assessment briefings to the
    5         governing boards of seaport authorities to address the
    6         results of certain inspections; requiring assessment
    7         briefings to be provided at least once per year;
    8         requiring board members to attend assessment
    9         briefings; authorizing the Department of Law
   10         Enforcement to fine a seaport if an assessment
   11         briefing is cancelled due to lack of attendance by
   12         board members; providing for the fine to be paid to
   13         the local regional domestic security task force;
   14         providing an effective date.
   15  
   16  Be It Enacted by the Legislature of the State of Florida:
   17  
   18         Section 1. Subsection (4) of section 311.12, Florida
   19  Statutes, is amended to read:
   20         311.12 Seaport security standards; inspections; compliance;
   21  appeals.—
   22         (4)(a) Subject to the provisions of subsection (6), each
   23  affected seaport shall begin to implement its security plan
   24  developed under this section by July 1, 2001.
   25         (b) The Office of Drug Control and the executive director
   26  of the Department of Law Enforcement may modify or waive any
   27  physical facility requirement or other requirement contained in
   28  the statewide minimum standards for seaport security upon a
   29  finding or other determination that the purposes of the
   30  standards have been reasonably met or exceeded by the seaport
   31  requesting the modification or waiver. Alternate means of
   32  compliance may not in any way diminish the safety or security of
   33  the seaport and shall be verified through an extensive risk
   34  analysis conducted by the port director. Waivers shall be
   35  submitted in writing with supporting documentation to the Office
   36  of Drug Control and the Department of Law Enforcement. The
   37  Office of Drug Control and the Department of Law Enforcement
   38  shall have 90 days to jointly grant the waiver or reject the
   39  waiver in whole or in part. Waivers not granted within 90 days
   40  or jointly rejected shall be submitted by the seaport to the
   41  Domestic Security Oversight Council for review. The Domestic
   42  Security Oversight Council shall recommend that the Office of
   43  Drug Control and the Department of Law Enforcement grant the
   44  waiver or reject the waiver in whole or in part. The Office of
   45  Drug Control and the Department of Law Enforcement shall give
   46  great weight to any recommendations of the Domestic Security
   47  Oversight Council. Waivers submitted for standards established
   48  under s. 311.122(3) may shall not be granted for percentages
   49  below 10 percent. Such modifications or waivers shall be noted
   50  in the annual report submitted by the Department of Law
   51  Enforcement pursuant to this subsection.
   52         (c) Beginning with the 2001-2002 fiscal year, The
   53  Department of Law Enforcement, or any entity designated by the
   54  department, shall conduct no less than one annual unannounced
   55  inspection of each seaport listed in s. 311.09 to determine
   56  whether the seaport meets is meeting the minimum standards
   57  established pursuant to this section, and to identify seaport
   58  security changes or improvements necessary or otherwise
   59  recommended. The Department of Law Enforcement, or any entity
   60  designated by the department, may conduct additional announced
   61  or unannounced inspections or operations within or affecting any
   62  affected seaport to test compliance with, or the effectiveness
   63  of, security plans and operations at each seaport, to determine
   64  compliance with physical facility requirements and standards, or
   65  to assist the department in identifying changes or improvements
   66  necessary to bring a seaport into compliance with the statewide
   67  minimum security standards.
   68         (d)1.After the Department of Law Enforcement completes an
   69  unannounced seaport inspection as described in paragraph (c),
   70  the department shall provide an assessment briefing to the board
   71  members of the governing authority of the seaport and the local
   72  regional domestic security task force co-chairs. The briefing
   73  must address the findings from the inspection, areas of concern,
   74  and recommendations for improvements.
   75         2.Each board member of a governing authority having
   76  responsibility for seaport oversight or operations shall attend
   77  the assessment briefings by the Department of Law Enforcement.
   78  The department shall provide assessment briefings at least once
   79  per year during a meeting of the board. The board must make
   80  transcripts and audio recordings of all proceedings during the
   81  briefings. The assessment briefing must be cancelled if the
   82  briefing is attended by fewer than three-fifths of the total
   83  membership of the board. The department may fine the seaport
   84  authority $10,000 for each assessment briefing cancelled due to
   85  lack of attendance by board members. The seaport authority shall
   86  remove each board member who fails to attend two consecutive
   87  assessment briefings. Fines collected under this paragraph shall
   88  be paid to the local regional domestic security task force. All
   89  attendance records shall be published and announced at the next
   90  regular meeting of the board.
   91         (e)(d) By December 31, 2001, and annually thereafter, the
   92  Department of Law Enforcement, in consultation with the Office
   93  of Drug Control, shall complete a report indicating the
   94  observations and findings of all inspections or operations
   95  conducted during the year and any recommendations developed by
   96  reason of such inspections. A copy of the report shall be
   97  provided to the Governor, the President of the Senate, the
   98  Speaker of the House of Representatives, and the chief
   99  administrator of each seaport inspected. The report shall
  100  include responses from the chief administrator of any seaport
  101  indicating what actions, if any, have been taken or are planned
  102  to be taken in response to the recommendations, observations,
  103  and findings reported by the department.
  104         (f)(e) In making security project or other funding
  105  decisions applicable to each seaport listed in s. 311.09, the
  106  Legislature may consider as authoritative the annual report of
  107  the Department of Law Enforcement required by this section,
  108  especially regarding each seaport's degree of substantial
  109  compliance with the statewide minimum security standards
  110  established by this section. The Legislature shall review any
  111  seaport that is not in substantial compliance with the statewide
  112  minimum security standards by November 2005, as reported by the
  113  Department of Law Enforcement.
  114         (g)(f) By December 31, 2004, the Legislature shall review
  115  the ongoing costs of operational security on seaports, the
  116  impacts of this section on those costs, mitigating factors that
  117  may reduce costs without reducing security, and methods by which
  118  seaports may implement operational security using a combination
  119  of sworn law enforcement officers and private security services.
  120         (h)(g) Subject to the provisions of this chapter and
  121  appropriations made for seaport security, state funds may not be
  122  expended for operational security costs without certification of
  123  need for such expenditures by the Office of Ports Administrator
  124  within the Department of Law Enforcement.
  125         Section 2. This act shall take effect July 1, 2009.