Florida Senate - 2009              PROPOSED COMMITTEE SUBSTITUTE
       Bill No. SB 2684
       
       
       
       
       
                                Barcode 283624                          
       
       583-03074A-09                                                   
       Proposed Committee Substitute by the Committee on Military
       Affairs and Domestic Security
    1                        A bill to be entitled                      
    2         An act relating to seaport security; creating s.
    3         311.115, F.S.; establishing the Seaport Security
    4         Standards Advisory Council; providing for membership
    5         and terms of office; providing duties; requiring
    6         reports to the Governor and Legislature; amending s.
    7         311.12, F.S.; revising provisions relating to seaport
    8         security; authorizing the Department of Law
    9         Enforcement to exempt all or part of a port from
   10         certain security requirements; providing criteria for
   11         determining eligibility to enter restricted access
   12         areas; establishing a statewide access eligibility
   13         reporting system within the department; requiring all
   14         access eligibility to be submitted to the department
   15         and retained within the system; deleting the
   16         requirement that seaports promptly notify the
   17         department of any changes in access levels; requiring
   18         changes in access eligibility status to be reported
   19         within a certain time; providing for fees; providing
   20         an expedited process for obtaining access to
   21         restricted areas; specifying the process for
   22         conducting criminal history checks and for the
   23         retention of fingerprint information; providing a
   24         criminal penalty for providing false information
   25         related to obtaining access to restricted seaport
   26         areas; providing additional criminal offenses that
   27         disqualify a person from employment by or access to a
   28         seaport; deleting the requirement that the department
   29         notify the port authority that denied employment of
   30         the final disposition of a waiver request from
   31         background screening requirements; allowing, rather
   32         than requiring, certain applications for a waiver from
   33         security requirements to be submitted to the Domestic
   34         Security Council for review; requiring a copy of the
   35         department’s legislative report to be provided to each
   36         seaport governing body or authority; requiring the
   37         department to provide assessment briefings to seaport
   38         authority governing boards and local regional domestic
   39         security task force co-chairs at least once per year;
   40         requiring certain board members to attend assessment
   41         briefings; adding the department to those entities
   42         responsible for allocating funds for security
   43         projects; repealing s. 311.111, F.S., relating to
   44         unrestricted and restricted public access areas and
   45         secured restricted access areas; repealing s. 311.125,
   46         F.S., relating to the Uniform Port Access Credential
   47         System and the Uniform Port Access Credential Card;
   48         amending s. 311.121, F.S.; revising the membership of
   49         the Seaport Security Officer Qualification, Training,
   50         and Standards Coordinating Council; amending ss.
   51         311.123, 311.124, 311.13, 943.0585, and 943.059, F.S.;
   52         conforming terms and cross-references; directing the
   53         Office of Drug Control to commission an update of the
   54         Florida Seaport Security Assessment 2000, which shall
   55         be presented to the Legislature by a certain date;
   56         providing a contingency with respect to provisions
   57         authorizing unannounced inspections of seaports;
   58         providing an effective date.
   59  
   60  Be It Enacted by the Legislature of the State of Florida:
   61  
   62         Section 1. Section 311.115, Florida Statutes, is created to
   63  read:
   64         311.115Seaport Security Standards Advisory Council.—The
   65  Seaport Security Standards Advisory Council is created under the
   66  Office of Drug Control. The council shall serve as an advisory
   67  council as provided in s. 20.03(7).
   68         (1)The members of the council shall be appointed by the
   69  Governor and consist of the following:
   70         (a)Two seaport directors.
   71         (b)Two seaport security directors.
   72         (c)One designee to represent seaport tenants.
   73         (d)One designee to represent seaport workers.
   74         (e)One designee from the Attorney General’s Office.
   75         (f)One designee from the Department of Agriculture and
   76  Consumer Services.
   77         (g)One designee from the Office of Tourism, Trade, and
   78  Economic Development.
   79         (h)One designee from the Office of Drug Control.
   80         (i)One designee from the Fish and Wildlife Conservation
   81  Commission.
   82         (j)The Director of the Division of Emergency Management,
   83  or designee.
   84         (2)In addition to the members designated in paragraph (a),
   85  the council may invite a representative of the United States
   86  Coast Guard to attend and participate in council meetings as an
   87  ex officio, nonvoting member of the council.
   88         (3)Members of the council shall be appointed to 4-year
   89  terms. A vacancy shall be filled by the original appointing
   90  authority for the balance of the unexpired term.
   91         (4)The council shall be chaired by a designee from the
   92  Office of Drug Control.
   93         (5)Beginning January 15, 2007, and at least every 4 years
   94  thereafter, the Office of Drug Control shall convene the council
   95  to review the minimum security standards referenced in s.
   96  311.12(1) for applicability to and effectiveness in combating
   97  current narcotics and terrorism threats to the state’s seaports.
   98  All sources of information allowed by law shall be used in
   99  assessing the applicability and effectiveness of the standards.
  100         (6)Council members shall serve without pay; however, per
  101  diem and travel allowances may be claimed for attendance at
  102  officially called meetings as provided by s. 112.061.
  103         (7)The council shall consult with the appropriate area
  104  maritime security committees to assess possible impacts to
  105  commerce and trade contained in the council’s nonclassified
  106  recommendations and findings.
  107         (8)The recommendations and findings of the council shall
  108  be transmitted to the Governor, the President of the Senate, and
  109  the Speaker of the House of Representatives.
  110         Section 2. Section 311.12, Florida Statutes, is amended to
  111  read:
  112         (Substantial rewording of section. See
  113         s. 311.12, F.S., for present text.)
  114         311.12Seaport security.—
  115         (1)SECURITY STANDARDS.—
  116         (a)The statewide minimum standards for seaport security
  117  applicable to seaports listed in s. 311.09 shall be those based
  118  on the Florida Seaport Security Assessment 2000 and set forth in
  119  the Port Security Standards Compliance Plan delivered to the
  120  Speaker of the House of Representatives and the President of the
  121  Senate on December 11, 2000. The Office of Drug Control within
  122  the Executive Office of the Governor shall maintain a sufficient
  123  number of copies of the standards for public use at its offices,
  124  and provide copies to each affected seaport upon request.
  125         (b)A seaport may implement security measures that are more
  126  stringent, more extensive, or supplemental to the minimum
  127  security standards established by this subsection, except that
  128  for purposes of qualifying for employment and access to
  129  restricted access areas, a seaport must meet but may not exceed
  130  the disqualifying offenses provided in subsection (7).
  131         (2)EXEMPTION.—The Department of Law Enforcement may exempt
  132  all or part of a seaport listed in s. 311.09 from the
  133  requirements of this section if the department determines that
  134  activity associated with the use of the seaport or part of the
  135  seaport is not vulnerable to criminal activity or terrorism. The
  136  department shall periodically review such exemptions to
  137  determine if there is a change in use. Such change may warrant
  138  removal of all or part of the exemption.
  139         (3)SECURITY PLAN.—Each seaport listed in s. 311.09 shall
  140  adopt and maintain a security plan specific to that seaport
  141  which provides for a secure seaport infrastructure that promotes
  142  the safety and security of state residents and visitors and the
  143  flow of legitimate trade and travel.
  144         (a)Beginning January 1, 2007, and every 5 years
  145  thereafter, each seaport director, with the assistance of the
  146  Regional Domestic Security Task Force and in conjunction with
  147  the United States Coast Guard, shall revise the seaport’s
  148  security plan based on the director’s ongoing assessment of
  149  security risks, the risks of terrorist activities, and the
  150  specific and identifiable needs of the seaport for ensuring that
  151  the seaport is in substantial compliance with the minimum
  152  security standards established under subsection (1).
  153         (b)Each adopted or revised security plan must be reviewed
  154  and approved by the Office of Drug Control and the Department of
  155  Law Enforcement for compliance with federal facility security
  156  assessment requirements under 33 C.F.R. s. 105.305 and the
  157  minimum security standards established under subsection (1).
  158  Within 30 days after completion, a copy of the written review
  159  shall be delivered to the United States Coast Guard, the
  160  Regional Domestic Security Task Force, and the Domestic Security
  161  Oversight Council.
  162         (4)RESTRICTED ACCESS AREAS.—Each seaport listed in s.
  163  311.09 must clearly designate in seaport security plans, and
  164  clearly identify with appropriate signs and markers on the
  165  premises of a seaport, all restricted access areas, access
  166  eligibility requirements, and corresponding security enforcement
  167  authorizations, which may include, but not be limited to, clear
  168  notice of the prohibition against possession of concealed
  169  weapons and other contraband material on the premises of the
  170  seaport, as provided in paragraph (e).
  171         (a)The seaport’s security plan must set forth the
  172  conditions and restrictions to be imposed on persons employed
  173  at, doing business at, or visiting the seaport relating to
  174  restricted access areas that are sufficient to provide
  175  substantial compliance with the minimum security standards
  176  established in subsection (1).
  177         (b)Seaport employees and other persons working at the
  178  seaport who have regular access to such areas, visitors who have
  179  business with the seaport, and cruise ship passengers holding
  180  valid boarding documents have express permission to enter a
  181  restricted access area.
  182         1.Seaport employees or other persons working at the
  183  seaport are considered to have “regular access” if they enter a
  184  restricted area more than five times in a 90-day period.
  185         2.A person who enters a restricted access area five times
  186  or less in a 90-day period is considered a “visitor.” Upon
  187  arrival at a restricted access area, a visitor must, at a
  188  minimum, stop at a check point, show valid identification, and
  189  receive a visitor’s pass before proceeding. The visitor’s pass
  190  must be plainly displayed on the person of the visitor or in the
  191  windshield of the vehicle, and designate which area of the
  192  seaport may be accessed by the visitor. Failure to display the
  193  visitor’s pass shall result in revocation of permission to work
  194  at the seaport. Public conveyances, such as buses carrying
  195  passengers into restricted access areas, must be able to verify
  196  that all passengers have legitimate business at the seaport.
  197  Procedures for implementation of this requirement are the
  198  responsibility of each seaport.
  199         3.Cruise ship passengers are those persons scheduled for
  200  immediate departure who have permission to board a ship that is
  201  in port. Upon arrival at a restricted access area, cruise ship
  202  passengers must, at a minimum, stop at a check point and show
  203  valid identification and boarding documents.
  204         4.Any person found in these areas without the proper
  205  permission is subject to the trespass provisions of ss. 810.08
  206  and 810.09.
  207         5.All persons and objects in these areas are subject to
  208  search by a sworn state-certified law enforcement officer, a
  209  Class D seaport security officer certified under Maritime
  210  Transportation Security Act guidelines and s. 311.121, or an
  211  employee of the seaport security force certified under the
  212  Maritime Transportation Security Act guidelines and s. 311.121.
  213         (c)During a period of high terrorist threat level, as
  214  designated by the United States Department of Homeland Security
  215  or the Department of Law Enforcement, or during an emergency
  216  declared at a port by the seaport security director due to
  217  events applicable to that particular seaport, the management or
  218  controlling authority of the port may temporarily designate any
  219  part of the seaport property as a restricted access area. The
  220  duration of such designation is limited to the period in which
  221  the high terrorist threat level is in effect or a port emergency
  222  exists.
  223         (d)As determined by the seaport director’s most current
  224  risk assessment report under paragraph (3)(a), any restricted
  225  access area that has a potential human occupancy of 50 persons
  226  or more, any cruise terminal, or any business operation that is
  227  adjacent to a public access area must be protected from the most
  228  probable and credible terrorist threat to human life.
  229         (e)Any person in a restricted access area who has in his
  230  or her possession a concealed weapon, or who operates or has
  231  possession or control of a vehicle in or upon which a concealed
  232  weapon is placed or stored, commits a misdemeanor of the first
  233  degree, punishable as provided in s. 775.082 or s. 775.083. This
  234  paragraph does not apply to active-duty certified federal or
  235  state law enforcement personnel or persons so designated by the
  236  seaport director in writing.
  237         (5)ACCESS ELIGIBILITY REPORTING SYSTEM.—Subject to
  238  legislative appropriations, the Department of Law Enforcement
  239  shall administer a statewide seaport access eligibility
  240  reporting system.
  241         (a)The system must, at a minimum, include:
  242         1.A centralized, secure method of collecting and
  243  maintaining fingerprints or other biometric data, or other means
  244  of confirming the identity of persons authorized to enter a
  245  restricted access area of a seaport;
  246         2.A methodology for receiving from and transmitting
  247  information to each seaport regarding a person’s authority to
  248  enter a restricted access area of the seaport;
  249         3.A means for receiving prompt notification from a seaport
  250  when a person’s authorization to enter a restricted access area
  251  of a seaport has be suspended or revoked; and
  252         4.A means to communicate to seaports when a person’s
  253  authorization to enter a restricted access area of a seaport has
  254  been suspended or revoked.
  255         (b)Each seaport listed in s. 311.09 is responsible for
  256  granting, modifying, restricting, or denying access to
  257  restricted access areas to seaport employees, other persons
  258  working at the seaport, visitors who have business with the
  259  seaport, or other persons regularly appearing at the seaport.
  260  Each seaport is responsible for access eligibility verification
  261  at its location.
  262         (c)In accordance with subsection (7), a fingerprint-based
  263  criminal history check must be performed on employee applicants,
  264  current employees, and other persons working within or
  265  authorized to regularly enter a restricted access area. Based
  266  upon the criminal history check, each seaport may determine the
  267  specific access eligibility to be granted to that person.
  268         (d)Upon determining that a person is eligible to enter a
  269  restricted access area of a port, the seaport shall, within 3
  270  business days, report the determination to the department for
  271  inclusion in the system.
  272         (e)All information submitted to the department regarding a
  273  person’s access eligibility screening may be retained by the
  274  department for subsequent use in promoting seaport security,
  275  including, but not limited to, the review of the person’s
  276  criminal history status to ensure that the person has not become
  277  disqualified for such access and for such other criminal
  278  investigative and criminal intelligence purposes designed to
  279  stop criminal activity and preserve the safety and security of
  280  the seaport.
  281         (f)The following fees shall be paid by the seaport,
  282  another employing entity, or the person being entered into the
  283  system to the department or to the seaport if the seaport is
  284  acting as an agent of the department for the purpose of
  285  collecting the fees. Except as provided in subparagraph 5.,
  286  persons who have been entered into the system may not be charged
  287  by more than one seaport for the fees specified in subparagraphs
  288  1. through 4.
  289         1.A fee set by the department of at least $4 to enter a
  290  person into the system, and annually thereafter for maintaining
  291  the person in the system.
  292         2.The cost of the criminal history check under subsection
  293  (7).
  294         3.An annual retention fee of $6 for the second and each
  295  subsequent year’s retention and use of fingerprint or other
  296  biometric data, or other identifying information.
  297         4.A seaport may charge an additional administrative fee to
  298  cover, but not exceed, the amount charged to the seaport to
  299  participate in the system.
  300         5.A seaport, other than the seaport that entered the
  301  person into the system, may charge a fee for the issuance of a
  302  local credential authorizing the person to enter restricted
  303  access areas in that seaport. Such credentials must be issued
  304  for a 5-year period to coincide with the issuance of a federal
  305  Transportation Worker Identification Credential described in
  306  subsection (6) or the federal criminal history check required
  307  under paragraph (7)(e).
  308         (g)Each person working at a seaport is eligible to enter a
  309  seaport participating in the system based on the level of
  310  permission allowed by the seaport that entered the person into
  311  the system.
  312         (h)Persons, corporations, or other business entities that
  313  employ persons to work or do business at seaports shall notify
  314  the seaport of the termination, resignation, work-related
  315  incapacitation, or death of an employee who has access
  316  permission.
  317         1.If the seaport determines that the person has been
  318  employed by another appropriate entity or is self-employed for
  319  purposes of performing work at the seaport, the seaport may
  320  reinstate the person’s access eligibility.
  321         2.A business entity’s failure to report a change in an
  322  employee’s work status within 3 days after that change may
  323  result in revocation of the business entity’s access to the
  324  seaport.
  325         (i)In addition to access permissions granted or denied by
  326  seaports, access eligibility may be restricted or revoked by the
  327  department if the person is suspected of terrorism or criminal
  328  violations that could affect the security of a port or otherwise
  329  render the person ineligible for seaport access.
  330         (j)Any suspension or revocation of port access must be
  331  reported by the seaport to the department within 24 hours.
  332         (k)The submission of information known to be false or
  333  misleading to the department for entry into the system is a
  334  felony of the third degree, punishable as provided in s.
  335  775.082, s. 775.083, or s. 775.084.
  336         (6)EXPEDITED ACCESS TO RESTRICTED ACCESS AREAS.—A person
  337  who possesses a valid federal Transportation Worker
  338  Identification Credential (TWIC) may use the following expedited
  339  process to obtain authorization to access restricted access
  340  areas.
  341         (a)The person shall execute an affidavit under oath,
  342  providing TWIC identification information and indicating that:
  343         1.The TWIC is currently valid and in full force and
  344  effect;
  345         2.He or she did not receive the TWIC through the waiver
  346  process for disqualifying criminal history allowed by federal
  347  law; and
  348         3.He or she has not, in any jurisdiction, civilian or
  349  military, been arrested for, charged with, or been convicted of,
  350  entered a plea of guilty or nolo contendere to, regardless of
  351  adjudication, or has not been found not guilty by reason of
  352  insanity, of any felony or crime involving a firearm.
  353         (b)Upon submission of a completed affidavit as provided in
  354  paragraph (a), the completion of the state criminal history
  355  check as provided in subsection (7), and payment of all required
  356  fees under subsection (5), a seaport may grant the person access
  357  to restricted access areas of the port.
  358         (c)Any port granting a person access to restricted access
  359  areas by reason of this expedited process shall report the grant
  360  of access to the Department of Law Enforcement for inclusion in
  361  the access eligibility reporting system within 3 business days.
  362         (d)The submission of false information on the affidavit
  363  required by this section is a felony of the third degree,
  364  punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
  365  Upon conviction of a violation of this provision, the person
  366  forfeits all privilege of access to restricted access areas of a
  367  seaport, must surrender all state or local port access
  368  documents, and is disqualified from future approval for access
  369  to any restricted access area of a seaport.
  370         (e)Any affidavit form created for use in the expedited
  371  process must conspicuously state: “Submission of false
  372  information on this affidavit is a felony under Florida law and
  373  will, upon conviction, result in disqualification for access to
  374  a seaport restricted access area.”
  375         (f)Upon each 5-year renewal of a person’s TWIC, the person
  376  must submit another affidavit as required by this subsection.
  377         (7)CRIMINAL HISTORY SCREENING.—A fingerprint-based
  378  criminal history check must be performed on employee applicants,
  379  current employees, and other persons authorized to regularly
  380  enter a restricted access area, or the entire seaport if the
  381  seaport security plan does not designate one or more restricted
  382  access areas.
  383         (a)Any person who has been convicted of, or entered a plea
  384  of guilty or nolo contendere to, regardless of adjudication, any
  385  of the following offenses is disqualified from employment or
  386  unescorted access unless, after release from incarceration or
  387  any supervision imposed as a result of sentencing, the person
  388  has remained free from a subsequent conviction, regardless of
  389  adjudication, of the following listed offenses for at least 7
  390  years before the employment or access date under consideration:
  391         1.An act of terrorism as defined in s. 775.30.
  392         2.A violation involving a weapon of mass destruction or
  393  hoax weapon of mass destruction as provided in s. 790.166.
  394         3.Planting of a hoax bomb as provided in s. 790.165.
  395         4.A violation of s. 876.02 or 876.36.
  396         5.A violation of s. 860.065.
  397         6.Trafficking as provided in s. 893.135.
  398         7.Racketeering activity as provided in s. 895.03.
  399         8.Dealing in stolen property as provided in s. 812.019.
  400         9.Money laundering as provided in s. 896.101.
  401         10.Criminal use of personal identification as provided in
  402  s. 817.568.
  403         11.Bribery as provided in s. 838.015.
  404         12.A violation of s. 316.302, relating to the transport of
  405  hazardous materials.
  406         13.A forcible felony as defined in s. 776.08.
  407         14.A violation of s. 790.07.
  408         15.Any crime which includes the use or possession of a
  409  weapon or firearm.
  410         16.A felony violation for theft as provided in s. 812.014.
  411         17.Robbery as provided in s. 812.13.
  412         18.Burglary as provided in s. 810.02.
  413         19.Any violation involving the sale, manufacture,
  414  delivery, or possession with intent to sell, manufacture, or
  415  deliver a controlled substance.
  416         20.Any offense under the laws of another jurisdiction that
  417  is similar to an offense in this list.
  418         21.Conspiracy or attempt to commit any of the listed
  419  offenses.
  420         (b)Each individual who is subject to a criminal history
  421  check shall file a complete set of fingerprints taken in a
  422  manner acceptable to the Department of Law Enforcement for state
  423  processing. Except for persons who are eligible for expedited
  424  access under subsection (6), the fingerprints shall be forwarded
  425  by the department to the Federal Bureau of Investigation for
  426  federal processing. The results of the criminal history check
  427  must be reported to the requesting seaport and may be shared
  428  among seaports.
  429         (c)All fingerprints submitted to the Department of Law
  430  Enforcement shall be retained by the department and entered into
  431  the statewide automated fingerprint identification system
  432  established in s. 943.05(2)(b) and available for use in
  433  accordance with s. 943.05(2)(g) and (h). An arrest record that
  434  is identified with the retained fingerprints of a person subject
  435  to the screening shall be reported to the seaport where the
  436  person has been granted access to a restricted access area. If
  437  the fingerprints of a person who has been granted access to any
  438  restricted area were not retained, or are otherwise not suitable
  439  for use by the department, the person must be refingerprinted in
  440  a manner that allows the department to perform its functions as
  441  provided herein.
  442         (d)All fees identified in subsection (5) must be paid
  443  before the person may be granted access to a restricted access
  444  area. Failure to comply with the criminal history checks or to
  445  pay the annual fees are grounds for immediate denial of access.
  446         (e)Except for persons who are eligible for expedited
  447  access under subsection (6), the federal criminal history check
  448  must be performed through the Department of Law Enforcement at
  449  least once every 5 years, or at more frequent intervals as
  450  required by the seaport security plan.
  451         (f)The Department of Law Enforcement shall establish a
  452  waiver process for an individual who is found to be unqualified
  453  under paragraph (a) and denied employment by a seaport or
  454  unescorted access to restricted access areas.
  455         1.Consideration for a waiver shall be based on the
  456  circumstances of any disqualifying act or offense, restitution
  457  made by the individual, and other factors from which it may be
  458  determined that the individual does not pose a risk of engaging
  459  in any act within the public seaports regulated under this
  460  chapter which poses a risk to or threatens the security of the
  461  seaport and the public’s health, safety, or welfare.
  462         2.The waiver process begins when an individual who has
  463  been denied initial employment within or unescorted access to
  464  restricted areas of a public seaport submits an application for
  465  a waiver and a notarized letter or affidavit from the
  466  individual’s employer or union representative which states the
  467  mitigating reasons for initiating the waiver process.
  468         3.Within 90 days after receipt of the application, the
  469  administrative staff of the Parole Commission shall conduct a
  470  factual review of the waiver application. Findings of fact shall
  471  be transmitted to the department for review. The department
  472  shall make a copy of those findings available to the applicant
  473  before final disposition of the waiver request.
  474         4.The department shall make a final disposition of the
  475  waiver request based on the factual findings of the
  476  investigation by the Parole Commission. The department shall
  477  notify the waiver applicant of the final disposition of the
  478  waiver.
  479         5.The review process under this paragraph is exempt from
  480  chapter 120.
  481         6.By October 1 of each year, each seaport shall report to
  482  the department each instance of denial of employment within, or
  483  access to, restricted areas, and each instance waiving an appeal
  484  of a denial occurring during the last 12 months. The report must
  485  include the identity of the individual affected, the factors
  486  supporting the denial or waiver, and any other material factors
  487  used to make the determination.
  488         (g)In addition to the waiver procedure established by the
  489  Department of Law Enforcement under paragraph (f), each seaport
  490  security plan may establish a procedure to appeal a denial of
  491  employment or access based upon procedural inaccuracies or
  492  discrepancies regarding criminal history factors established
  493  pursuant to this subsection.
  494         (h)Each seaport may allow immediate waivers on a temporary
  495  basis to meet special or emergency needs of the seaport or its
  496  users. Policies, procedures, and criteria for implementation of
  497  this provision must be included in the seaport security plan.
  498  All waivers granted by the seaports pursuant to this paragraph
  499  must be reported to the department within 30 days after
  500  issuance.
  501         (8)WAIVER FROM SECURITY REQUIREMENTS.—The Office of Drug
  502  Control and the Department of Law Enforcement may modify or
  503  waive any physical facility requirement or other requirement
  504  contained in the minimum security standards upon a determination
  505  that the purposes of the standards have been reasonably met or
  506  exceeded by the seaport requesting the modification or waiver.
  507  An alternate means of compliance must not diminish the safety or
  508  security of the seaport and must be verified through an
  509  extensive risk analysis conducted by the seaport director.
  510         (a)Waiver requests shall be submitted in writing, along
  511  with supporting documentation, to the Office of Drug Control and
  512  the Department of Law Enforcement. The office and the department
  513  have 90 days to jointly grant or reject the waiver, in whole or
  514  in part.
  515         (b)The seaport may submit any waivers that are not granted
  516  or are jointly rejected to the Domestic Security Oversight
  517  Council for review within 90 days. The council shall recommend
  518  that the Office of Drug Control and the Department of Law
  519  Enforcement grant the waiver or reject the waiver, in whole or
  520  in part. The office and the department shall give great weight
  521  to the council’s recommendations.
  522         (c)A request seeking a waiver from the seaport law
  523  enforcement personnel standards established under s. 311.122(3)
  524  may not be granted for percentages below 10 percent.
  525         (d)Any modifications or waivers granted under this
  526  subsection shall be noted in the annual report submitted by the
  527  Department of Law Enforcement pursuant to subsection (10).
  528         (9)INSPECTIONS.—It is the intent of the Legislature that
  529  the state’s seaports adhere to security practices that are
  530  consistent with the risks assigned to each seaport through the
  531  ongoing risk assessment process established in paragraph (3)(a).
  532         (a)The Department of Law Enforcement, or any entity
  533  designated by the department, shall conduct at least one annual
  534  unannounced inspection of each seaport to determine whether the
  535  seaport is meeting the minimum security standards established
  536  pursuant to subsection (1), and to identify seaport security
  537  changes or improvements needed or otherwise recommended.
  538         (b)The Department of Law Enforcement, or any entity
  539  designated by the department, may conduct additional announced
  540  or unannounced inspections or operations within or affecting any
  541  seaport to test compliance with, or the effectiveness of,
  542  security plans and operations at each seaport, to determine
  543  compliance with physical facility requirements and standards, or
  544  to assist the department in identifying changes or improvements
  545  needed to bring a seaport into compliance with minimum security
  546  standards.
  547         (c)Within 30 days after completing the inspection report,
  548  the department shall submit a copy of the report to the Domestic
  549  Security Oversight Council.
  550         (d)A seaport may request that the Domestic Security
  551  Oversight Council review the findings in the department’s report
  552  as they relate to the requirements of this section. The council
  553  may review only those findings that are in dispute by the
  554  seaport. In reviewing the disputed findings, the council may
  555  concur in the findings of the department or the seaport, or may
  556  recommend corrective action to the seaport. The department and
  557  the seaport shall give great weight to the council’s findings
  558  and recommendations.
  559         (e)The seaport director shall immediately implement any
  560  security changes or improvements needed or recommended in the
  561  report or, if the director requested a review by the Domestic
  562  Security Oversight Council pursuant to paragraph (d),
  563  immediately following the conclusion of that review.
  564         (f)All seaports shall allow the Department of Law
  565  Enforcement, or entity designated by the department, unimpeded
  566  access to affected areas and facilities for the purpose of plan
  567  or compliance inspections or other operations authorized by this
  568  section.
  569         (10)REPORTS.—
  570         (a)The Department of Law Enforcement, in consultation with
  571  the Office of Drug Control, shall annually complete a report
  572  indicating the observations and findings of all reviews,
  573  inspections, or other operations relating to the seaports
  574  conducted during the year and any recommendations resulting from
  575  such reviews, inspections, and operations. A copy of the report
  576  shall be provided to the Governor, the President of the Senate,
  577  the Speaker of the House of Representatives, the governing body
  578  of each seaport or seaport authority, and each seaport director.
  579  The report must include each director’s response indicating what
  580  actions, if any, have been taken or are planned to be taken
  581  pursuant to the observations, findings, and recommendations
  582  reported by the department.
  583         (b)After the Department of Law Enforcement completes the
  584  annual inspection report in paragraph (a), the department shall
  585  provide an assessment briefing to the board members of the
  586  governing authority of each seaport and to the local regional
  587  domestic security task force co-chairs. The briefing must
  588  address the findings from the inspections, areas of concern, and
  589  recommendations for improvements.
  590         1.The department shall provide at least one assessment
  591  briefing per year to the board during a meeting of the board.
  592  The board must make transcripts and audio recordings of all
  593  proceedings during such briefings.
  594         2.Each board member of a governing authority having
  595  responsibility for seaport oversight or operations must attend
  596  the assessment briefings. The seaport authority shall remove
  597  each board member who fails to attend two consecutive assessment
  598  briefings. All attendance records shall be published and
  599  announced at the next regular meeting of the board.
  600         (11)FUNDING.—
  601         (a)In making security project or other funding decisions
  602  applicable to each seaport listed in s. 311.09, the Legislature
  603  may consider the Department of Law Enforcement’s annual report
  604  under subsection (10) as authoritative, especially regarding
  605  each seaport’s degree of substantial compliance with the minimum
  606  security standards established in subsection (1).
  607         (b)The Legislature shall regularly review the ongoing
  608  costs of operational security on seaports, the impacts of this
  609  section on those costs, mitigating factors that may reduce costs
  610  without reducing security, and the methods by which seaports may
  611  implement operational security using a combination of sworn law
  612  enforcement officers and private security services.
  613         (c)Subject to the provisions of this chapter and
  614  appropriations made for seaport security, state funds may not be
  615  expended for security costs without certification of need for
  616  such expenditures by the Office of Ports Administrator within
  617  the Department of Law Enforcement.
  618         (d)If funds are appropriated for seaport security, the
  619  Office of Drug Control, the Department of Law Enforcement, and
  620  the Florida Seaport Transportation and Economic Development
  621  Council shall mutually determine the allocation of such funds
  622  for security project needs identified in the approved seaport
  623  security plans. Any seaport that receives state funds for
  624  security projects must enter into a joint participation
  625  agreement with the appropriate state entity and use the seaport
  626  security plan as the basis for the agreement.
  627         1.If funds are made available over more than 1 fiscal
  628  year, the agreement must reflect the entire scope of the project
  629  approved in the security plan and, as practicable, allow for
  630  reimbursement for authorized projects over more than 1 year.
  631         2.The agreement may include specific timeframes for
  632  completion of a security project and the applicable funding
  633  reimbursement dates. The agreement may also require a
  634  contractual penalty of up to $1,000 per day to be imposed for
  635  failure to meet project completion dates if state funding is
  636  available. Any such penalty shall be deposited into the State
  637  Transportation Trust Fund and used for seaport security
  638  operations and capital improvements.
  639         Section 3. Sections 311.111 and 311.125, Florida Statutes,
  640  are repealed.
  641         Section 4. Subsection (3) of section 311.121, Florida
  642  Statutes, is amended to read:
  643         311.121 Qualifications, training, and certification of
  644  licensed security officers at Florida seaports.—
  645         (3)(a) The Seaport Security Officer Qualification,
  646  Training, and Standards Coordinating Council is created under
  647  the Department of Law Enforcement.
  648         (a)(b)1. The executive director of the Department of Law
  649  Enforcement shall appoint 11 members to the council to which
  650  shall include:
  651         1.a. The seaport administrator of the Department of Law
  652  Enforcement.
  653         2.b. The Commissioner of Education or designee chancellor
  654  of the Community College System.
  655         3.c. The director of the Division of Licensing of the
  656  Department of Agriculture and Consumer Services.
  657         4.d. The administrator of the Florida Seaport
  658  Transportation and Economic Development Council.
  659         5.e. Two seaport security directors from seaports
  660  designated under s. 311.09.
  661         6.f. One director of a state law enforcement academy.
  662         7.g. One representative of a local law enforcement agency.
  663         8.h. Two representatives of contract security services.
  664         9.i. One representative of the Division of Driver Licenses
  665  of the Department of Highway Safety and Motor Vehicles.
  666         (b)2. In addition to the members designated in paragraph
  667  (a) subparagraph 1., the executive director may invite a
  668  representative of the United States Coast Guard to attend and
  669  participate in council meetings as an ex officio, nonvoting
  670  member of the council.
  671         (c) Council members designated under subparagraphs (a)1.-4.
  672  in sub-subparagraphs (b)1.a.-d. shall serve for the duration of
  673  their employment or appointment. Council members designated
  674  under subparagraphs (b)5.-9. sub-subparagraphs (b)1.e.-i. shall
  675  be appointed for serve 4-year terms, except that the initial
  676  appointment for the representative of a local law enforcement
  677  agency, one representative of a contract security agency, and
  678  one seaport security director from a seaport designated in s.
  679  311.09 shall be appointed for 2-year terms serve for terms of 2
  680  years.
  681         (d) The chancellor of the Community College System shall
  682  serve as chair of the council.
  683         (e) The council shall meet upon the call of the chair, and
  684  at least once a year to update or modify curriculum
  685  recommendations.
  686         (f) Council members shall serve without pay; however, per
  687  diem and travel allowances may be claimed for attendance of
  688  officially called meetings as provided by s. 112.061.
  689         (g) By December 1, 2006, The council shall identify the
  690  qualifications, training, and standards for seaport security
  691  officer certification and recommend a curriculum for the seaport
  692  security officer training program that includes at least shall
  693  include no less than 218 hours of initial certification training
  694  and that conforms to or exceeds model courses approved under by
  695  the Federal Maritime Act under s. 109 of the Federal Maritime
  696  Transportation Security Act of 2002 for facility personnel with
  697  specific security duties.
  698         1.(h) The council may recommend training equivalencies that
  699  may be substituted for portions of the required training.
  700         2.(i) The council shall recommend a continuing education
  701  curriculum of at least no less than 8 hours of additional
  702  training for each annual licensing period.
  703         Section 5. Section 311.123, Florida Statutes, is amended to
  704  read:
  705         311.123 Maritime domain security awareness training
  706  program.—
  707         (1) The Florida Seaport Transportation and Economic
  708  Development Council, in conjunction with the Department of Law
  709  Enforcement and the Office of Drug Control within the Executive
  710  Office of the Governor, shall create a maritime domain security
  711  awareness training program to instruct all personnel employed
  712  within a seaport’s boundaries about the security procedures
  713  required of them for implementation of the seaport security plan
  714  required under s. 311.12(3).
  715         (2) The training program curriculum must include security
  716  training required pursuant to 33 C.F.R. part 105 and must be
  717  designed to enable the seaports in this state to meet the
  718  training, drill, and exercise requirements of 33 C.F.R. part 105
  719  and individual seaport security plans and to otherwise comply
  720  with the requirements of s. 311.12 relating to security
  721  awareness.
  722         Section 6. Subsection (1) of section 311.124, Florida
  723  Statutes, is amended to read:
  724         311.124 Trespassing; detention by a certified seaport
  725  security officer.—
  726         (1) Any Class D or Class G seaport security officer
  727  certified under the Maritime Transportation Security Act
  728  guidelines and s. 311.121 or any employee of the seaport
  729  security force certified under the Maritime Transportation
  730  Security Act guidelines and s. 311.121 who has probable cause to
  731  believe that a person is trespassing pursuant to the provisions
  732  of s. 810.08 or s. 810.09 or this chapter in a designated
  733  restricted access area pursuant to s. 311.12(4) s. 311.111 is
  734  authorized to detain such person in a reasonable manner for a
  735  reasonable period of time pending the arrival of a law
  736  enforcement officer, and such action does shall not render the
  737  security officer criminally or civilly liable for false arrest,
  738  false imprisonment, or unlawful detention.
  739         Section 7. Section 311.13, Florida Statutes, is amended to
  740  read:
  741         311.13 Certain information exempt from disclosure.—Seaport
  742  security plans of a seaport authority created pursuant to s.
  743  311.12 by act of the Legislature or of a seaport department of a
  744  county or municipality that operates an international seaport
  745  are exempt from s. 119.07(1) and s. 24(a), Art. I of the State
  746  Constitution. In addition, photographs, maps, blueprints,
  747  drawings, and similar materials that depict critical seaport
  748  operating facilities are exempt from s. 119.07(1) and s. 24(a),
  749  Art. I of the State Constitution, to the extent that a seaport
  750  authority created by act of the Legislature or a seaport
  751  department of a county or municipality that operates a seaport
  752  reasonably determines that such items contain information that
  753  is not generally known and that could jeopardize the security of
  754  the seaport; however, information relating to real estate
  755  leases, layout plans, blueprints, or information relevant
  756  thereto, is not to be included in this exemption. The exemptions
  757  in this section are applicable only to records held by a seaport
  758  authority created by act of the Legislature or to records of a
  759  county or municipal seaport department that operates a seaport.
  760         Section 8. Paragraph (a) of subsection (4) of section
  761  943.0585, Florida Statutes, is amended to read:
  762         943.0585 Court-ordered expunction of criminal history
  763  records.—The courts of this state have jurisdiction over their
  764  own procedures, including the maintenance, expunction, and
  765  correction of judicial records containing criminal history
  766  information to the extent such procedures are not inconsistent
  767  with the conditions, responsibilities, and duties established by
  768  this section. Any court of competent jurisdiction may order a
  769  criminal justice agency to expunge the criminal history record
  770  of a minor or an adult who complies with the requirements of
  771  this section. The court shall not order a criminal justice
  772  agency to expunge a criminal history record until the person
  773  seeking to expunge a criminal history record has applied for and
  774  received a certificate of eligibility for expunction pursuant to
  775  subsection (2). A criminal history record that relates to a
  776  violation of s. 393.135, s. 394.4593, s. 787.025, chapter 794,
  777  s. 796.03, s. 800.04, s. 810.14, s. 817.034, s. 825.1025, s.
  778  827.071, chapter 839, s. 847.0133, s. 847.0135, s. 847.0145, s.
  779  893.135, s. 916.1075, a violation enumerated in s. 907.041, or
  780  any violation specified as a predicate offense for registration
  781  as a sexual predator pursuant to s. 775.21, without regard to
  782  whether that offense alone is sufficient to require such
  783  registration, or for registration as a sexual offender pursuant
  784  to s. 943.0435, may not be expunged, without regard to whether
  785  adjudication was withheld, if the defendant was found guilty of
  786  or pled guilty or nolo contendere to the offense, or if the
  787  defendant, as a minor, was found to have committed, or pled
  788  guilty or nolo contendere to committing, the offense as a
  789  delinquent act. The court may only order expunction of a
  790  criminal history record pertaining to one arrest or one incident
  791  of alleged criminal activity, except as provided in this
  792  section. The court may, at its sole discretion, order the
  793  expunction of a criminal history record pertaining to more than
  794  one arrest if the additional arrests directly relate to the
  795  original arrest. If the court intends to order the expunction of
  796  records pertaining to such additional arrests, such intent must
  797  be specified in the order. A criminal justice agency may not
  798  expunge any record pertaining to such additional arrests if the
  799  order to expunge does not articulate the intention of the court
  800  to expunge a record pertaining to more than one arrest. This
  801  section does not prevent the court from ordering the expunction
  802  of only a portion of a criminal history record pertaining to one
  803  arrest or one incident of alleged criminal activity.
  804  Notwithstanding any law to the contrary, a criminal justice
  805  agency may comply with laws, court orders, and official requests
  806  of other jurisdictions relating to expunction, correction, or
  807  confidential handling of criminal history records or information
  808  derived therefrom. This section does not confer any right to the
  809  expunction of any criminal history record, and any request for
  810  expunction of a criminal history record may be denied at the
  811  sole discretion of the court.
  812         (4) EFFECT OF CRIMINAL HISTORY RECORD EXPUNCTION.—Any
  813  criminal history record of a minor or an adult which is ordered
  814  expunged by a court of competent jurisdiction pursuant to this
  815  section must be physically destroyed or obliterated by any
  816  criminal justice agency having custody of such record; except
  817  that any criminal history record in the custody of the
  818  department must be retained in all cases. A criminal history
  819  record ordered expunged that is retained by the department is
  820  confidential and exempt from the provisions of s. 119.07(1) and
  821  s. 24(a), Art. I of the State Constitution and not available to
  822  any person or entity except upon order of a court of competent
  823  jurisdiction. A criminal justice agency may retain a notation
  824  indicating compliance with an order to expunge.
  825         (a) The person who is the subject of a criminal history
  826  record that is expunged under this section or under other
  827  provisions of law, including former s. 893.14, former s. 901.33,
  828  and former s. 943.058, may lawfully deny or fail to acknowledge
  829  the arrests covered by the expunged record, except when the
  830  subject of the record:
  831         1. Is a candidate for employment with a criminal justice
  832  agency;
  833         2. Is a defendant in a criminal prosecution;
  834         3. Concurrently or subsequently petitions for relief under
  835  this section or s. 943.059;
  836         4. Is a candidate for admission to The Florida Bar;
  837         5. Is seeking to be employed or licensed by or to contract
  838  with the Department of Children and Family Services, the Agency
  839  for Health Care Administration, the Agency for Persons with
  840  Disabilities, or the Department of Juvenile Justice or to be
  841  employed or used by such contractor or licensee in a sensitive
  842  position having direct contact with children, the
  843  developmentally disabled, the aged, or the elderly as provided
  844  in s. 110.1127(3), s. 393.063, s. 394.4572(1), s. 397.451, s.
  845  402.302(3), s. 402.313(3), s. 409.175(2)(i), s. 415.102(4),
  846  chapter 916, s. 985.644, chapter 400, or chapter 429;
  847         6. Is seeking to be employed or licensed by the Department
  848  of Education, any district school board, any university
  849  laboratory school, any charter school, any private or parochial
  850  school, or any local governmental entity that licenses child
  851  care facilities; or
  852         7. Is seeking authorization from a Florida seaport listed
  853  identified in s. 311.09 for employment within or access to one
  854  or more of such seaports pursuant to s. 311.12 or s. 311.125.
  855         Section 9. Paragraph (a) of subsection (4) of section
  856  943.059, Florida Statutes, is amended to read:
  857         943.059 Court-ordered sealing of criminal history records.
  858  The courts of this state shall continue to have jurisdiction
  859  over their own procedures, including the maintenance, sealing,
  860  and correction of judicial records containing criminal history
  861  information to the extent such procedures are not inconsistent
  862  with the conditions, responsibilities, and duties established by
  863  this section. Any court of competent jurisdiction may order a
  864  criminal justice agency to seal the criminal history record of a
  865  minor or an adult who complies with the requirements of this
  866  section. The court shall not order a criminal justice agency to
  867  seal a criminal history record until the person seeking to seal
  868  a criminal history record has applied for and received a
  869  certificate of eligibility for sealing pursuant to subsection
  870  (2). A criminal history record that relates to a violation of s.
  871  393.135, s. 394.4593, s. 787.025, chapter 794, s. 796.03, s.
  872  800.04, s. 810.14, s. 817.034, s. 825.1025, s. 827.071, chapter
  873  839, s. 847.0133, s. 847.0135, s. 847.0145, s. 893.135, s.
  874  916.1075, a violation enumerated in s. 907.041, or any violation
  875  specified as a predicate offense for registration as a sexual
  876  predator pursuant to s. 775.21, without regard to whether that
  877  offense alone is sufficient to require such registration, or for
  878  registration as a sexual offender pursuant to s. 943.0435, may
  879  not be sealed, without regard to whether adjudication was
  880  withheld, if the defendant was found guilty of or pled guilty or
  881  nolo contendere to the offense, or if the defendant, as a minor,
  882  was found to have committed or pled guilty or nolo contendere to
  883  committing the offense as a delinquent act. The court may only
  884  order sealing of a criminal history record pertaining to one
  885  arrest or one incident of alleged criminal activity, except as
  886  provided in this section. The court may, at its sole discretion,
  887  order the sealing of a criminal history record pertaining to
  888  more than one arrest if the additional arrests directly relate
  889  to the original arrest. If the court intends to order the
  890  sealing of records pertaining to such additional arrests, such
  891  intent must be specified in the order. A criminal justice agency
  892  may not seal any record pertaining to such additional arrests if
  893  the order to seal does not articulate the intention of the court
  894  to seal records pertaining to more than one arrest. This section
  895  does not prevent the court from ordering the sealing of only a
  896  portion of a criminal history record pertaining to one arrest or
  897  one incident of alleged criminal activity. Notwithstanding any
  898  law to the contrary, a criminal justice agency may comply with
  899  laws, court orders, and official requests of other jurisdictions
  900  relating to sealing, correction, or confidential handling of
  901  criminal history records or information derived therefrom. This
  902  section does not confer any right to the sealing of any criminal
  903  history record, and any request for sealing a criminal history
  904  record may be denied at the sole discretion of the court.
  905         (4) EFFECT OF CRIMINAL HISTORY RECORD SEALING.—A criminal
  906  history record of a minor or an adult which is ordered sealed by
  907  a court of competent jurisdiction pursuant to this section is
  908  confidential and exempt from the provisions of s. 119.07(1) and
  909  s. 24(a), Art. I of the State Constitution and is available only
  910  to the person who is the subject of the record, to the subject’s
  911  attorney, to criminal justice agencies for their respective
  912  criminal justice purposes, which include conducting a criminal
  913  history background check for approval of firearms purchases or
  914  transfers as authorized by state or federal law, to judges in
  915  the state courts system for the purpose of assisting them in
  916  their case-related decisionmaking responsibilities, as set forth
  917  in s. 943.053(5), or to those entities set forth in
  918  subparagraphs (a)1., 4., 5., 6., and 8. for their respective
  919  licensing, access authorization, and employment purposes.
  920         (a) The subject of a criminal history record sealed under
  921  this section or under other provisions of law, including former
  922  s. 893.14, former s. 901.33, and former s. 943.058, may lawfully
  923  deny or fail to acknowledge the arrests covered by the sealed
  924  record, except when the subject of the record:
  925         1. Is a candidate for employment with a criminal justice
  926  agency;
  927         2. Is a defendant in a criminal prosecution;
  928         3. Concurrently or subsequently petitions for relief under
  929  this section or s. 943.0585;
  930         4. Is a candidate for admission to The Florida Bar;
  931         5. Is seeking to be employed or licensed by or to contract
  932  with the Department of Children and Family Services, the Agency
  933  for Health Care Administration, the Agency for Persons with
  934  Disabilities, or the Department of Juvenile Justice or to be
  935  employed or used by such contractor or licensee in a sensitive
  936  position having direct contact with children, the
  937  developmentally disabled, the aged, or the elderly as provided
  938  in s. 110.1127(3), s. 393.063, s. 394.4572(1), s. 397.451, s.
  939  402.302(3), s. 402.313(3), s. 409.175(2)(i), s. 415.102(4), s.
  940  415.103, chapter 916, s. 985.644, chapter 400, or chapter 429;
  941         6. Is seeking to be employed or licensed by the Department
  942  of Education, any district school board, any university
  943  laboratory school, any charter school, any private or parochial
  944  school, or any local governmental entity that licenses child
  945  care facilities;
  946         7. Is attempting to purchase a firearm from a licensed
  947  importer, licensed manufacturer, or licensed dealer and is
  948  subject to a criminal history background check under state or
  949  federal law; or
  950         8. Is seeking authorization from a Florida seaport
  951  identified in s. 311.09 for employment within or access to one
  952  or more of such seaports pursuant to s. 311.12 or s. 311.125.
  953         Section 10. The Office of Drug Control shall commission an
  954  update of the Florida Seaport Security Assessment 2000
  955  referenced in s. 311.12(1)(a), Florida Statutes. The office
  956  shall consult with the Seaport Security Standards Advisory
  957  Council in forming the parameters of the update. The updated
  958  assessment shall be presented to the Legislature for review by
  959  January 1, 2010. Pursuant to s. 311.13, Florida Statutes, any
  960  records included in the assessment which are exempt from s.
  961  119.07(1), Florida Statutes, are exempt from disclosure.
  962         Section 11. Paragraph (b) of subsection (9) of s. 311.12,
  963  Florida Statutes, as amended by this act, shall take effect only
  964  if SB 2162, or similar legislation is enacted in the same
  965  legislative session, or an extension thereof, and becomes law.
  966         Section 12. Except as otherwise expressly provided in this
  967  act, this act shall take effect July 1, 2009.