Florida Senate - 2009                        COMMITTEE AMENDMENT
       Bill No. PCS (831246) for SB 2684
       
       
       
       
       
       
                                Barcode 572878                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  03/31/2009           .                                
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       The Committee on Military Affairs and Domestic Security (Lynn)
       recommended the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Section 311.115, Florida Statutes, is created to
    6  read:
    7         311.115Seaport Security Standards Advisory Council.—The
    8  Seaport Security Standards Advisory Council is created under the
    9  Office of Drug Control. The council shall serve as an advisory
   10  council as provided in s. 20.03(7).
   11         (1)The members of the council shall be appointed by the
   12  Governor and consist of the following:
   13         (a)Two seaport directors.
   14         (b)Two seaport security directors.
   15         (c)One designee to represent seaport tenants.
   16         (d)One designee to represent seaport workers.
   17         (e)One designee from the Department of Law Enforcement.
   18         (f)One designee from the Office of Motor Carrier
   19  Compliance of the Department of Transportation.
   20         (g)One designee from the Attorney General’s Office.
   21         (h)One designee from the Department of Agriculture and
   22  Consumer Services.
   23         (i)One designee from the Office of Tourism, Trade, and
   24  Economic Development.
   25         (j)One designee from the Office of Drug Control.
   26         (k)One designee from the Fish and Wildlife Conservation
   27  Commission.
   28         (l)The Director of the Division of Emergency Management,
   29  or designee.
   30         (2)In addition to the members designated in subsection
   31  (1), the council may invite a representative of the United
   32  States Coast Guard to attend and participate in council meetings
   33  as an ex officio, nonvoting member of the council.
   34         (3)Members of the council shall be appointed to 4-year
   35  terms. A vacancy shall be filled by the original appointing
   36  authority for the balance of the unexpired term.
   37         (4)The council shall be chaired by a designee from the
   38  Office of Drug Control.
   39         (5)Beginning January 15, 2007, and at least every 4 years
   40  thereafter, the Office of Drug Control shall convene the council
   41  to review the minimum security standards referenced in s.
   42  311.12(1) for applicability to and effectiveness in combating
   43  current narcotics and terrorism threats to the state’s seaports.
   44  All sources of information allowed by law shall be used in
   45  assessing the applicability and effectiveness of the standards.
   46         (6)Council members shall serve without pay; however, per
   47  diem and travel allowances may be claimed for attendance at
   48  officially called meetings as provided by s. 112.061.
   49         (7)The council shall consult with the appropriate area
   50  maritime security committees to assess possible impacts to
   51  commerce and trade contained in the council’s nonclassified
   52  recommendations and findings.
   53         (8)The recommendations and findings of the council shall
   54  be transmitted to the Governor, the President of the Senate, and
   55  the Speaker of the House of Representatives.
   56         Section 2. Section 311.12, Florida Statutes, is amended to
   57  read:
   58         (Substantial rewording of section. See
   59         s. 311.12, F.S., for present text.)
   60         311.12Seaport security.—
   61         (1)SECURITY STANDARDS.—
   62         (a)The statewide minimum standards for seaport security
   63  applicable to seaports listed in s. 311.09 shall be those based
   64  on the Florida Seaport Security Assessment 2000 and set forth in
   65  the Port Security Standards Compliance Plan delivered to the
   66  Speaker of the House of Representatives and the President of the
   67  Senate on December 11, 2000. The Office of Drug Control within
   68  the Executive Office of the Governor shall maintain a sufficient
   69  number of copies of the standards at its offices for
   70  distribution to the public, and provide copies to each affected
   71  seaport upon request.
   72         (b)A seaport may implement security measures that are more
   73  stringent, more extensive, or supplemental to the minimum
   74  security standards established by this subsection.
   75         (2)EXEMPTION.—The Department of Law Enforcement may exempt
   76  all or part of a seaport listed in s. 311.09 from the
   77  requirements of this section if the department determines that
   78  activity associated with the use of the seaport or part of the
   79  seaport is not vulnerable to criminal activity or terrorism. The
   80  department shall periodically review such exemptions to
   81  determine if there is a change in use. Such change may warrant
   82  removal of all or part of the exemption.
   83         (3)SECURITY PLAN.—Each seaport listed in s. 311.09 shall
   84  adopt and maintain a security plan specific to that seaport
   85  which provides for a secure seaport infrastructure that promotes
   86  the safety and security of state residents and visitors and the
   87  flow of legitimate trade and travel.
   88         (a)Beginning January 1, 2007, and every 5 years
   89  thereafter, each seaport director, with the assistance of the
   90  Regional Domestic Security Task Force and in conjunction with
   91  the United States Coast Guard, shall revise the seaport’s
   92  security plan based on the director’s ongoing assessment of
   93  security risks, the risks of terrorist activities, and the
   94  specific and identifiable needs of the seaport for ensuring that
   95  the seaport is in substantial compliance with the minimum
   96  security standards established under subsection (1).
   97         (b)Each adopted or revised security plan must be reviewed
   98  and approved by the Office of Drug Control and the Department of
   99  Law Enforcement for compliance with federal facility security
  100  assessment requirements under 33 C.F.R. s. 105.305 and the
  101  minimum security standards established under subsection (1).
  102  Within 30 days after completion, a copy of the written review
  103  shall be delivered to the United States Coast Guard, the
  104  Regional Domestic Security Task Force, and the Domestic Security
  105  Oversight Council.
  106         (4)SECURE AND RESTRICTED AREAS.—Each seaport listed in s.
  107  311.09 must clearly designate in seaport security plans, and
  108  clearly identify with appropriate signs and markers on the
  109  premises of a seaport, all secure and restricted areas as
  110  defined by the United State Department of Homeland Security
  111  United States Coast Guard Navigation and Vessel Inspection
  112  Circular No. 03-07 and 49 C.F.R. part 1572. The plans must also
  113  address access eligibility requirements and corresponding
  114  security enforcement authorizations.
  115         (a)The seaport’s security plan must set forth the
  116  conditions and restrictions to be imposed on persons employed
  117  at, doing business at, or visiting the seaport who have access
  118  to secure and restricted areas that are sufficient to provide
  119  substantial compliance with the minimum security standards
  120  established in subsection (1) and federal regulations.
  121         1.All seaport employees and other persons working at the
  122  seaport who have regular access to secure or restricted areas
  123  must comply with federal access control regulations and state
  124  criminal history checks as prescribed in this section.
  125         2.All persons and objects in secure and restricted areas
  126  are subject to search by a sworn state-certified law enforcement
  127  officer, a Class D seaport security officer certified under
  128  Maritime Transportation Security Act guidelines and s. 311.121,
  129  or an employee of the seaport security force certified under the
  130  Maritime Transportation Security Act guidelines and s. 311.121.
  131         3.Persons found in these areas without the proper
  132  permission are subject to the trespass provisions of ss. 810.08
  133  and 810.09.
  134         (c)As determined by the seaport director’s most current
  135  risk assessment report under paragraph (3)(a), any secure or
  136  restricted area that has a potential human occupancy of 50
  137  persons or more, any cruise terminal, or any business operation
  138  that is adjacent to a public access area must be protected from
  139  the most probable and credible terrorist threat to human life.
  140         (d)The seaport must provide clear notice of the
  141  prohibition against possession of concealed weapons and other
  142  contraband material on the premises of the seaport. Any person
  143  in a restricted area who has in his or her possession a
  144  concealed weapon, or who operates or has possession or control
  145  of a vehicle in or upon which a concealed weapon is placed or
  146  stored, commits a misdemeanor of the first degree, punishable as
  147  provided in s. 775.082 or s. 775.083. This paragraph does not
  148  apply to active-duty certified federal or state law enforcement
  149  personnel or persons so designated by the seaport director in
  150  writing.
  151         (e)During a period of high terrorist threat level, as
  152  designated by the United States Department of Homeland Security
  153  or the Department of Law Enforcement, or during an emergency
  154  declared at a port by the seaport security director due to
  155  events applicable to that particular seaport, the management or
  156  controlling authority of the port may temporarily designate any
  157  part of the seaport property as a secure or restricted area. The
  158  duration of such designation is limited to the period in which
  159  the high terrorist threat level is in effect or a port emergency
  160  exists.
  161         (5)ACCESS ELIGIBILITY REPORTING SYSTEM.—Subject to
  162  legislative appropriations, the Department of Law Enforcement
  163  shall administer a statewide seaport access eligibility
  164  reporting system.
  165         (a)The system must, at a minimum, include:
  166         1.A centralized, secure method of collecting and
  167  maintaining fingerprints, other biometric data, or other means
  168  of confirming the identity of persons authorized to enter a
  169  secure or restricted area of a seaport;
  170         2.A methodology for receiving from and transmitting
  171  information to each seaport regarding a person’s authority to
  172  enter a secure or restricted area of the seaport;
  173         3.A means for receiving prompt notification from a seaport
  174  when a person’s authorization to enter a secure or restricted
  175  area of a seaport has be suspended or revoked; and
  176         4.A means to communicate to seaports when a person’s
  177  authorization to enter a secure or restricted area of a seaport
  178  has been suspended or revoked.
  179         (b)Each seaport listed in s. 311.09 is responsible for
  180  granting, modifying, restricting, or denying access to secure
  181  and restricted areas to seaport employees, other persons working
  182  at the seaport, visitors who have business with the seaport, or
  183  other persons regularly appearing at the seaport. Based upon the
  184  person's criminal history check, each seaport may determine the
  185  specific access eligibility to be granted to that person. Each
  186  seaport is responsible for access eligibility verification at
  187  its location.
  188         (c)Upon determining that a person is eligible to enter a
  189  secure or restricted area of a port pursuant to subsections (6)
  190  and (7), the seaport shall, within 3 business days, report the
  191  determination to the department for inclusion in the system.
  192         (d)All information submitted to the department regarding a
  193  person’s access eligibility screening may be retained by the
  194  department for subsequent use in promoting seaport security,
  195  including, but not limited to, the review of the person’s
  196  criminal history status to ensure that the person has not become
  197  disqualified for such access.
  198         (e)The following fees shall be paid by the seaport,
  199  another employing entity, or the person being entered into the
  200  system to the department or to the seaport if the seaport is
  201  acting as an agent of the department for the purpose of
  202  collecting the fees. Such fees may not be charged by more than
  203  one seaport.
  204         1.The cost of the state criminal history check under
  205  subsection (7).
  206         2.A $50 fee to cover the initial cost of entering the
  207  person into the system, and every 5 years thereafter to coincide
  208  with the issuance of the federal Transportation Worker
  209  Identification Credential described in subsection (6). The fee
  210  covers all costs for entering or maintaining the person in the
  211  system including the retention and use of their fingerprint,
  212  other biometric data, or other identifying information.
  213         3.The seaport entering the person into the system may
  214  charge an administrative fee to cover, but not exceed, the
  215  seaport's actual administrative costs for processing the results
  216  of the state criminal history check and entering the person into
  217  the system.
  218         (f)All fees identified in paragraph (e) must be paid
  219  before the person may be granted access to a secure or
  220  restricted area. Failure to comply with the criminal history
  221  check or to pay the fees are grounds for immediate denial of
  222  access.
  223         (g)Persons, corporations, or other business entities that
  224  employ persons to work or do business at seaports shall notify
  225  the seaport of the termination, resignation, work-related
  226  incapacitation, or death of an employee who has access
  227  permission.
  228         1.If the seaport determines that the person has been
  229  employed by another appropriate entity or is self-employed for
  230  purposes of performing work at the seaport, the seaport may
  231  reinstate the person’s access eligibility.
  232         2.A business entity’s failure to report a change in an
  233  employee’s work status within 7 days after that change may
  234  result in revocation of the business entity’s access to the
  235  seaport.
  236         (h)In addition to access permissions granted or denied by
  237  seaports, access eligibility may be restricted or revoked by the
  238  department if there is a reasonable suspicion that the person is
  239  involved in terrorism or criminal violations that could affect
  240  the security of a port or otherwise render the person ineligible
  241  for seaport access.
  242         (i)Any suspension or revocation of port access must be
  243  reported by the seaport to the department within 24 hours.
  244         (j)The submission of information known to be false or
  245  misleading to the department for entry into the system is a
  246  felony of the third degree, punishable as provided in s.
  247  775.082, s. 775.083, or s. 775.084.
  248         (6)ACCESS TO SECURE AND RESTRICTED AREAS.—
  249         (a)Any person seeking authorization to access secure and
  250  restricted areas of a seaport must, unless waived under
  251  paragraph (7)(e), possess a valid federal Transportation Worker
  252  Identification Credential (TWIC) and execute an affidavit under
  253  oath which provides TWIC identification information and
  254  indicates that:
  255         1.The TWIC is currently valid and in full force and
  256  effect;
  257         2.He or she did not receive the TWIC through the waiver
  258  process for disqualifying criminal history allowed by federal
  259  law; and
  260         3.He or she has not, in any jurisdiction, civilian or
  261  military, been charged with, been convicted of, entered a plea
  262  of guilty or nolo contendere to, regardless of adjudication, or
  263  been found not guilty by reason of insanity, of any
  264  disqualifying felony under subsection (7) or any crime which
  265  includes the use or possession of a weapon or firearm.
  266         (b)Upon submission of a completed affidavit as provided in
  267  paragraph (a), the completion of the state criminal history
  268  check as provided in subsection (7), and payment of all required
  269  fees under subsection (5), a seaport may grant the person access
  270  to secure or restricted areas of the port.
  271         (c)Any port granting a person access to secure or
  272  restricted areas shall report the grant of access to the
  273  Department of Law Enforcement for inclusion in the access
  274  eligibility reporting system under subsection (5) within 3
  275  business days.
  276         (d)The submission of false information on the affidavit
  277  required by this section is a felony of the third degree,
  278  punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
  279  Upon conviction for a violation of this provision, the person
  280  forfeits all privilege of access to secure or restricted areas
  281  of a seaport and is disqualified from future approval for access
  282  to such areas.
  283         (e)Any affidavit form created for use under this
  284  subsection must conspicuously state: “Submission of false
  285  information on this affidavit is a felony under Florida law and
  286  will, upon conviction, result in disqualification for access to
  287  a secure or restricted area of a seaport.”
  288         (f)Upon each 5-year renewal of a person’s TWIC, the person
  289  must submit another affidavit as required by this subsection.
  290         (7)CRIMINAL HISTORY SCREENING.—A fingerprint-based
  291  criminal history check must be performed on employee applicants,
  292  current employees, and other persons authorized to regularly
  293  enter a secure or restricted area, or the entire seaport if the
  294  seaport security plan does not designate one or more secure or
  295  restricted areas.
  296         (a)A person is disqualified from employment or unescorted
  297  access if the person:
  298         1.Was convicted of, or entered a plea of guilty or nolo
  299  contendere to, regardless of adjudication, any of the offenses
  300  listed in paragraph (b) in any jurisdiction, civilian or
  301  military, during the 7 years before the date of the person’s
  302  application for access; or
  303         2.Was released from incarceration, or any supervision
  304  imposed as a result of sentencing, for committing any of the
  305  disqualifying crimes listed in paragraph (b) in any
  306  jurisdiction, civilian or military, during the 5 years before
  307  the date of the person’s application for access.
  308         (b)The disqualifying offenses include:
  309         1.An act of terrorism as defined in s. 775.30.
  310         2.A violation involving a weapon of mass destruction or
  311  hoax weapon of mass destruction as provided in s. 790.166.
  312         3.Planting of a hoax bomb as provided in s. 790.165.
  313         4.A violation of s. 876.02 or 876.36.
  314         5.A violation of s. 860.065.
  315         6.Trafficking as provided in s. 893.135.
  316         7.Racketeering activity as provided in s. 895.03.
  317         8.Dealing in stolen property as provided in s. 812.019.
  318         9.Money laundering as provided in s. 896.101.
  319         10.Criminal use of personal identification as provided in
  320  s. 817.568.
  321         11.Bribery as provided in s. 838.015.
  322         12.A violation of s. 316.302, relating to the transport of
  323  hazardous materials.
  324         13.A forcible felony as defined in s. 776.08.
  325         14.A violation of s. 790.07.
  326         15.Any crime which includes the use or possession of a
  327  weapon or firearm.
  328         16.A felony violation for theft as provided in s. 812.014.
  329         17.Robbery as provided in s. 812.13.
  330         18.Burglary as provided in s. 810.02.
  331         19.Any violation involving the sale, manufacture,
  332  delivery, or possession with intent to sell, manufacture, or
  333  deliver a controlled substance.
  334         20.Any offense under the laws of another jurisdiction that
  335  is similar to an offense in this list.
  336         21.Conspiracy or attempt to commit any of the listed
  337  offenses.
  338         (c)Each individual who is subject to a criminal history
  339  check shall file a complete set of fingerprints taken in a
  340  manner acceptable to the Department of Law Enforcement for state
  341  processing. The results of the criminal history check must be
  342  reported to the requesting seaport and may be shared among
  343  seaports.
  344         (d)All fingerprints submitted to the Department of Law
  345  Enforcement shall be retained by the department and entered into
  346  the statewide automated fingerprint identification system
  347  established in s. 943.05(2)(b) and available for use in
  348  accordance with s. 943.05(2)(g) and (h). An arrest record that
  349  is identified with the retained fingerprints of a person subject
  350  to the screening shall be reported to the seaport where the
  351  person has been granted access to a secure or restricted area.
  352  If the fingerprints of a person who has been granted access were
  353  not retained, or are otherwise not suitable for use by the
  354  department, the person must be refingerprinted in a manner that
  355  allows the department to perform its functions as provided
  356  herein.
  357         (e)The Department of Law Enforcement shall establish a
  358  waiver process for an individual who is does not have a TWIC,
  359  obtained a TWIC though a federal waiver process, or is found to
  360  be unqualified under paragraph (a) and denied employment by a
  361  seaport or unescorted access to secure or restricted areas.
  362         1.Consideration for a waiver shall be based on the
  363  circumstances of any disqualifying act or offense, restitution
  364  made by the individual, and other factors from which it may be
  365  determined that the individual does not pose a risk of engaging
  366  in any act within the public seaports regulated under this
  367  chapter which poses a risk to or threatens the security of the
  368  seaport and the public’s health, safety, or welfare.
  369         2.The waiver process begins when an individual who has
  370  been denied initial employment within or unescorted access to
  371  secure or restricted areas of a public seaport submits an
  372  application for a waiver and a notarized letter or affidavit
  373  from the individual’s employer or union representative which
  374  states the mitigating reasons for initiating the waiver process.
  375         3.Within 90 days after receipt of the application, the
  376  administrative staff of the Parole Commission shall conduct a
  377  factual review of the waiver application. Findings of fact shall
  378  be transmitted to the department for review. The department
  379  shall make a copy of those findings available to the applicant
  380  before final disposition of the waiver request.
  381         4.The department shall make a final disposition of the
  382  waiver request based on the factual findings of the
  383  investigation by the Parole Commission. The department shall
  384  notify the waiver applicant of the final disposition of the
  385  waiver.
  386         5.The review process under this paragraph is exempt from
  387  chapter 120.
  388         6.By October 1 of each year, each seaport shall report to
  389  the department each instance of denial of employment within, or
  390  access to, secure or restricted areas, and each instance waiving
  391  an appeal of a denial occurring during the last 12 months. The
  392  report must include the identity of the individual affected, the
  393  factors supporting the denial or waiver, and any other material
  394  factors used to make the determination.
  395         (f)In addition to the waiver procedure established by the
  396  Department of Law Enforcement under paragraph (e), each seaport
  397  security plan may establish a procedure to appeal a denial of
  398  employment or access based upon procedural inaccuracies or
  399  discrepancies regarding criminal history factors established
  400  pursuant to this subsection.
  401         (g)Each seaport may allow immediate waivers on a temporary
  402  basis to meet special or emergency needs of the seaport or its
  403  users. Policies, procedures, and criteria for implementation of
  404  this provision must be included in the seaport security plan.
  405  All waivers granted by the seaports pursuant to this paragraph
  406  must be reported to the department within 30 days after
  407  issuance.
  408         (8)WAIVER FROM SECURITY REQUIREMENTS.—The Office of Drug
  409  Control and the Department of Law Enforcement may modify or
  410  waive any physical facility requirement or other requirement
  411  contained in the minimum security standards upon a determination
  412  that the purposes of the standards have been reasonably met or
  413  exceeded by the seaport requesting the modification or waiver.
  414  An alternate means of compliance must not diminish the safety or
  415  security of the seaport and must be verified through an
  416  extensive risk analysis conducted by the seaport director.
  417         (a)Waiver requests shall be submitted in writing, along
  418  with supporting documentation, to the Office of Drug Control and
  419  the Department of Law Enforcement. The office and the department
  420  have 90 days to jointly grant or reject the waiver, in whole or
  421  in part.
  422         (b)The seaport may submit any waivers that are not granted
  423  or are jointly rejected to the Domestic Security Oversight
  424  Council for review within 90 days. The council shall recommend
  425  that the Office of Drug Control and the Department of Law
  426  Enforcement grant the waiver or reject the waiver, in whole or
  427  in part. The office and the department shall give great weight
  428  to the council’s recommendations.
  429         (c)A request seeking a waiver from the seaport law
  430  enforcement personnel standards established under s. 311.122(3)
  431  may not be granted for percentages below 10 percent.
  432         (d)Any modifications or waivers granted under this
  433  subsection shall be noted in the annual report submitted by the
  434  Department of Law Enforcement pursuant to subsection (10).
  435         (9)INSPECTIONS.—It is the intent of the Legislature that
  436  the state’s seaports adhere to security practices that are
  437  consistent with the risks assigned to each seaport through the
  438  ongoing risk assessment process established in paragraph (3)(a).
  439         (a)The Department of Law Enforcement, or any entity
  440  designated by the department, shall conduct at least one annual
  441  unannounced inspection of each seaport to determine whether the
  442  seaport is meeting the minimum security standards established
  443  pursuant to subsection (1), and to identify seaport security
  444  changes or improvements needed or otherwise recommended.
  445         (b)The Department of Law Enforcement, or any entity
  446  designated by the department, may conduct additional announced
  447  or unannounced inspections or operations within or affecting any
  448  seaport to test compliance with, or the effectiveness of,
  449  security plans and operations at each seaport, to determine
  450  compliance with physical facility requirements and standards, or
  451  to assist the department in identifying changes or improvements
  452  needed to bring a seaport into compliance with minimum security
  453  standards.
  454         (c)Within 30 days after completing the inspection report,
  455  the department shall submit a copy of the report to the Domestic
  456  Security Oversight Council.
  457         (d)A seaport may request that the Domestic Security
  458  Oversight Council review the findings in the department’s report
  459  as they relate to the requirements of this section. The council
  460  may review only those findings that are in dispute by the
  461  seaport. In reviewing the disputed findings, the council may
  462  concur in the findings of the department or the seaport, or may
  463  recommend corrective action to the seaport. The department and
  464  the seaport shall give great weight to the council’s findings
  465  and recommendations.
  466         (e)All seaports shall allow the Department of Law
  467  Enforcement, or entity designated by the department, unimpeded
  468  access to affected areas and facilities for the purpose of plan
  469  or compliance inspections or other operations authorized by this
  470  section.
  471         (10)REPORTS.—
  472         (a)The Department of Law Enforcement, in consultation with
  473  the Office of Drug Control, shall annually complete a report
  474  indicating the observations and findings of all reviews,
  475  inspections, or other operations relating to the seaports
  476  conducted during the year and any recommendations resulting from
  477  such reviews, inspections, and operations. A copy of the report
  478  shall be provided to the Governor, the President of the Senate,
  479  the Speaker of the House of Representatives, the governing body
  480  of each seaport or seaport authority, and each seaport director.
  481  The report must include each director’s response indicating what
  482  actions, if any, have been taken or are planned to be taken
  483  pursuant to the observations, findings, and recommendations
  484  reported by the department.
  485         (b)After the Department of Law Enforcement completes the
  486  annual inspection report in paragraph (a), the department shall
  487  provide an assessment briefing to the board members of the
  488  governing authority of each seaport and to the local regional
  489  domestic security task force co-chairs. The briefing must
  490  address the findings from the inspections, areas of concern, and
  491  recommendations for improvements.
  492         1.The department shall provide at least one assessment
  493  briefing per year to the board during a meeting of the board.
  494  The board must make transcripts and audio recordings of all
  495  proceedings during such briefings.
  496         2.Each board member of a governing authority having
  497  responsibility for seaport oversight or operations must attend
  498  the assessment briefings. All attendance records shall be
  499  published and announced at the next regular meeting of the
  500  board.
  501         (11)FUNDING.—
  502         (a)In making decisions regarding security projects or
  503  other funding applicable to each seaport listed in s. 311.09,
  504  the Legislature may consider the Department of Law Enforcement’s
  505  annual report under subsection (10) as authoritative, especially
  506  regarding each seaport’s degree of substantial compliance with
  507  the minimum security standards established in subsection (1).
  508         (b)The Legislature shall regularly review the ongoing
  509  costs of operational security on seaports, the impacts of this
  510  section on those costs, mitigating factors that may reduce costs
  511  without reducing security, and the methods by which seaports may
  512  implement operational security using a combination of sworn law
  513  enforcement officers and private security services.
  514         (c)Subject to the provisions of this chapter and
  515  appropriations made for seaport security, state funds may not be
  516  expended for security costs without certification of need for
  517  such expenditures by the Office of Ports Administrator within
  518  the Department of Law Enforcement.
  519         (d)If funds are appropriated for seaport security, the
  520  Office of Drug Control, the Department of Law Enforcement, and
  521  the Florida Seaport Transportation and Economic Development
  522  Council shall mutually determine the allocation of such funds
  523  for security project needs identified in the approved seaport
  524  security plans. Any seaport that receives state funds for
  525  security projects must enter into a joint participation
  526  agreement with the appropriate state entity and use the seaport
  527  security plan as the basis for the agreement.
  528         1.If funds are made available over more than 1 fiscal
  529  year, the agreement must reflect the entire scope of the project
  530  approved in the security plan and, as practicable, allow for
  531  reimbursement for authorized projects over more than 1 year.
  532         2.The agreement may include specific timeframes for
  533  completion of a security project and the applicable funding
  534  reimbursement dates. The agreement may also require a
  535  contractual penalty of up to $1,000 per day to be imposed for
  536  failure to meet project completion dates if state funding is
  537  available. Any such penalty shall be deposited into the State
  538  Transportation Trust Fund and used for seaport security
  539  operations and capital improvements.
  540         Section 3. Sections 311.111 and 311.125, Florida Statutes,
  541  are repealed.
  542         Section 4. Subsection (3) of section 311.121, Florida
  543  Statutes, is amended to read:
  544         311.121 Qualifications, training, and certification of
  545  licensed security officers at Florida seaports.—
  546         (3)(a) The Seaport Security Officer Qualification,
  547  Training, and Standards Coordinating Council is created under
  548  the Department of Law Enforcement.
  549         (a)(b)1. The executive director of the Department of Law
  550  Enforcement shall appoint 11 members to the council to which
  551  shall include:
  552         1.a. The seaport administrator of the Department of Law
  553  Enforcement.
  554         2.b. The Commissioner of Education or designee chancellor
  555  of the Community College System.
  556         3.c. The director of the Division of Licensing of the
  557  Department of Agriculture and Consumer Services.
  558         4.d. The administrator of the Florida Seaport
  559  Transportation and Economic Development Council.
  560         5.e. Two seaport security directors from seaports
  561  designated under s. 311.09.
  562         6.f. One director of a state law enforcement academy.
  563         7.g. One representative of a local law enforcement agency.
  564         8.h. Two representatives of contract security services.
  565         9.i. One representative of the Division of Driver Licenses
  566  of the Department of Highway Safety and Motor Vehicles.
  567         (b)2. In addition to the members designated in paragraph
  568  (a) subparagraph 1., the executive director may invite a
  569  representative of the United States Coast Guard to attend and
  570  participate in council meetings as an ex officio, nonvoting
  571  member of the council.
  572         (c) Council members designated under subparagraphs (a)1.-4.
  573  in sub-subparagraphs (b)1.a.-d. shall serve for the duration of
  574  their employment or appointment. Council members designated
  575  under subparagraphs (b)5.-9. sub-subparagraphs (b)1.e.-i. shall
  576  be appointed for serve 4-year terms, except that the initial
  577  appointment for the representative of a local law enforcement
  578  agency, one representative of a contract security agency, and
  579  one seaport security director from a seaport designated in s.
  580  311.09 shall be appointed for 2-year terms serve for terms of 2
  581  years.
  582         (d) The chancellor of the Community College System shall
  583  serve as chair of the council.
  584         (e) The council shall meet upon the call of the chair, and
  585  at least once a year to update or modify curriculum
  586  recommendations.
  587         (f) Council members shall serve without pay; however, per
  588  diem and travel allowances may be claimed for attendance of
  589  officially called meetings as provided by s. 112.061.
  590         (g) By December 1, 2006, The council shall identify the
  591  qualifications, training, and standards for seaport security
  592  officer certification and recommend a curriculum for the seaport
  593  security officer training program that includes at least shall
  594  include no less than 218 hours of initial certification training
  595  and that conforms to or exceeds model courses approved under by
  596  the Federal Maritime Act under s. 109 of the Federal Maritime
  597  Transportation Security Act of 2002 for facility personnel with
  598  specific security duties.
  599         1.(h) The council may recommend training equivalencies that
  600  may be substituted for portions of the required training.
  601         2.(i) The council shall recommend a continuing education
  602  curriculum of at least no less than 8 hours of additional
  603  training for each annual licensing period.
  604         Section 5. Section 311.123, Florida Statutes, is amended to
  605  read:
  606         311.123 Maritime domain security awareness training
  607  program.—
  608         (1) The Florida Seaport Transportation and Economic
  609  Development Council, in conjunction with the Department of Law
  610  Enforcement and the Office of Drug Control within the Executive
  611  Office of the Governor, shall create a maritime domain security
  612  awareness training program to instruct all personnel employed
  613  within a seaport’s boundaries about the security procedures
  614  required of them for implementation of the seaport security plan
  615  required under s. 311.12(3).
  616         (2) The training program curriculum must include security
  617  training required pursuant to 33 C.F.R. part 105 and must be
  618  designed to enable the seaports in this state to meet the
  619  training, drill, and exercise requirements of 33 C.F.R. part 105
  620  and individual seaport security plans and to otherwise comply
  621  with the requirements of s. 311.12 relating to security
  622  awareness.
  623         Section 6. Subsection (1) of section 311.124, Florida
  624  Statutes, is amended to read:
  625         311.124 Trespassing; detention by a certified seaport
  626  security officer.—
  627         (1) Any Class D or Class G seaport security officer
  628  certified under the Maritime Transportation Security Act
  629  guidelines and s. 311.121 or any employee of the seaport
  630  security force certified under the Maritime Transportation
  631  Security Act guidelines and s. 311.121 who has probable cause to
  632  believe that a person is trespassing pursuant to the provisions
  633  of s. 810.08 or s. 810.09 or this chapter in a designated secure
  634  or restricted area pursuant to s. 311.12(4) s. 311.111 is
  635  authorized to detain such person in a reasonable manner for a
  636  reasonable period of time pending the arrival of a law
  637  enforcement officer, and such action does shall not render the
  638  security officer criminally or civilly liable for false arrest,
  639  false imprisonment, or unlawful detention.
  640         Section 7. Section 311.13, Florida Statutes, is amended to
  641  read:
  642         311.13 Certain information exempt from disclosure.—Seaport
  643  security plans of a seaport authority created pursuant to s.
  644  311.12 by act of the Legislature or of a seaport department of a
  645  county or municipality that operates an international seaport
  646  are exempt from s. 119.07(1) and s. 24(a), Art. I of the State
  647  Constitution. In addition, photographs, maps, blueprints,
  648  drawings, and similar materials that depict critical seaport
  649  operating facilities are exempt from s. 119.07(1) and s. 24(a),
  650  Art. I of the State Constitution, to the extent that a seaport
  651  authority created by act of the Legislature or a seaport
  652  department of a county or municipality that operates a seaport
  653  reasonably determines that such items contain information that
  654  is not generally known and that could jeopardize the security of
  655  the seaport; however, information relating to real estate
  656  leases, layout plans, blueprints, or information relevant
  657  thereto, is not to be included in this exemption. The exemptions
  658  in this section are applicable only to records held by a seaport
  659  authority created by act of the Legislature or to records of a
  660  county or municipal seaport department that operates a seaport.
  661         Section 8. Paragraph (a) of subsection (4) of section
  662  943.0585, Florida Statutes, is amended to read:
  663         943.0585 Court-ordered expunction of criminal history
  664  records.—The courts of this state have jurisdiction over their
  665  own procedures, including the maintenance, expunction, and
  666  correction of judicial records containing criminal history
  667  information to the extent such procedures are not inconsistent
  668  with the conditions, responsibilities, and duties established by
  669  this section. Any court of competent jurisdiction may order a
  670  criminal justice agency to expunge the criminal history record
  671  of a minor or an adult who complies with the requirements of
  672  this section. The court shall not order a criminal justice
  673  agency to expunge a criminal history record until the person
  674  seeking to expunge a criminal history record has applied for and
  675  received a certificate of eligibility for expunction pursuant to
  676  subsection (2). A criminal history record that relates to a
  677  violation of s. 393.135, s. 394.4593, s. 787.025, chapter 794,
  678  s. 796.03, s. 800.04, s. 810.14, s. 817.034, s. 825.1025, s.
  679  827.071, chapter 839, s. 847.0133, s. 847.0135, s. 847.0145, s.
  680  893.135, s. 916.1075, a violation enumerated in s. 907.041, or
  681  any violation specified as a predicate offense for registration
  682  as a sexual predator pursuant to s. 775.21, without regard to
  683  whether that offense alone is sufficient to require such
  684  registration, or for registration as a sexual offender pursuant
  685  to s. 943.0435, may not be expunged, without regard to whether
  686  adjudication was withheld, if the defendant was found guilty of
  687  or pled guilty or nolo contendere to the offense, or if the
  688  defendant, as a minor, was found to have committed, or pled
  689  guilty or nolo contendere to committing, the offense as a
  690  delinquent act. The court may only order expunction of a
  691  criminal history record pertaining to one arrest or one incident
  692  of alleged criminal activity, except as provided in this
  693  section. The court may, at its sole discretion, order the
  694  expunction of a criminal history record pertaining to more than
  695  one arrest if the additional arrests directly relate to the
  696  original arrest. If the court intends to order the expunction of
  697  records pertaining to such additional arrests, such intent must
  698  be specified in the order. A criminal justice agency may not
  699  expunge any record pertaining to such additional arrests if the
  700  order to expunge does not articulate the intention of the court
  701  to expunge a record pertaining to more than one arrest. This
  702  section does not prevent the court from ordering the expunction
  703  of only a portion of a criminal history record pertaining to one
  704  arrest or one incident of alleged criminal activity.
  705  Notwithstanding any law to the contrary, a criminal justice
  706  agency may comply with laws, court orders, and official requests
  707  of other jurisdictions relating to expunction, correction, or
  708  confidential handling of criminal history records or information
  709  derived therefrom. This section does not confer any right to the
  710  expunction of any criminal history record, and any request for
  711  expunction of a criminal history record may be denied at the
  712  sole discretion of the court.
  713         (4) EFFECT OF CRIMINAL HISTORY RECORD EXPUNCTION.—Any
  714  criminal history record of a minor or an adult which is ordered
  715  expunged by a court of competent jurisdiction pursuant to this
  716  section must be physically destroyed or obliterated by any
  717  criminal justice agency having custody of such record; except
  718  that any criminal history record in the custody of the
  719  department must be retained in all cases. A criminal history
  720  record ordered expunged that is retained by the department is
  721  confidential and exempt from the provisions of s. 119.07(1) and
  722  s. 24(a), Art. I of the State Constitution and not available to
  723  any person or entity except upon order of a court of competent
  724  jurisdiction. A criminal justice agency may retain a notation
  725  indicating compliance with an order to expunge.
  726         (a) The person who is the subject of a criminal history
  727  record that is expunged under this section or under other
  728  provisions of law, including former s. 893.14, former s. 901.33,
  729  and former s. 943.058, may lawfully deny or fail to acknowledge
  730  the arrests covered by the expunged record, except when the
  731  subject of the record:
  732         1. Is a candidate for employment with a criminal justice
  733  agency;
  734         2. Is a defendant in a criminal prosecution;
  735         3. Concurrently or subsequently petitions for relief under
  736  this section or s. 943.059;
  737         4. Is a candidate for admission to The Florida Bar;
  738         5. Is seeking to be employed or licensed by or to contract
  739  with the Department of Children and Family Services, the Agency
  740  for Health Care Administration, the Agency for Persons with
  741  Disabilities, or the Department of Juvenile Justice or to be
  742  employed or used by such contractor or licensee in a sensitive
  743  position having direct contact with children, the
  744  developmentally disabled, the aged, or the elderly as provided
  745  in s. 110.1127(3), s. 393.063, s. 394.4572(1), s. 397.451, s.
  746  402.302(3), s. 402.313(3), s. 409.175(2)(i), s. 415.102(4),
  747  chapter 916, s. 985.644, chapter 400, or chapter 429;
  748         6. Is seeking to be employed or licensed by the Department
  749  of Education, any district school board, any university
  750  laboratory school, any charter school, any private or parochial
  751  school, or any local governmental entity that licenses child
  752  care facilities; or
  753         7. Is seeking authorization from a Florida seaport listed
  754  identified in s. 311.09 for employment within or access to one
  755  or more of such seaports pursuant to s. 311.12 or s. 311.125.
  756         Section 9. Paragraph (a) of subsection (4) of section
  757  943.059, Florida Statutes, is amended to read:
  758         943.059 Court-ordered sealing of criminal history records.
  759  The courts of this state shall continue to have jurisdiction
  760  over their own procedures, including the maintenance, sealing,
  761  and correction of judicial records containing criminal history
  762  information to the extent such procedures are not inconsistent
  763  with the conditions, responsibilities, and duties established by
  764  this section. Any court of competent jurisdiction may order a
  765  criminal justice agency to seal the criminal history record of a
  766  minor or an adult who complies with the requirements of this
  767  section. The court shall not order a criminal justice agency to
  768  seal a criminal history record until the person seeking to seal
  769  a criminal history record has applied for and received a
  770  certificate of eligibility for sealing pursuant to subsection
  771  (2). A criminal history record that relates to a violation of s.
  772  393.135, s. 394.4593, s. 787.025, chapter 794, s. 796.03, s.
  773  800.04, s. 810.14, s. 817.034, s. 825.1025, s. 827.071, chapter
  774  839, s. 847.0133, s. 847.0135, s. 847.0145, s. 893.135, s.
  775  916.1075, a violation enumerated in s. 907.041, or any violation
  776  specified as a predicate offense for registration as a sexual
  777  predator pursuant to s. 775.21, without regard to whether that
  778  offense alone is sufficient to require such registration, or for
  779  registration as a sexual offender pursuant to s. 943.0435, may
  780  not be sealed, without regard to whether adjudication was
  781  withheld, if the defendant was found guilty of or pled guilty or
  782  nolo contendere to the offense, or if the defendant, as a minor,
  783  was found to have committed or pled guilty or nolo contendere to
  784  committing the offense as a delinquent act. The court may only
  785  order sealing of a criminal history record pertaining to one
  786  arrest or one incident of alleged criminal activity, except as
  787  provided in this section. The court may, at its sole discretion,
  788  order the sealing of a criminal history record pertaining to
  789  more than one arrest if the additional arrests directly relate
  790  to the original arrest. If the court intends to order the
  791  sealing of records pertaining to such additional arrests, such
  792  intent must be specified in the order. A criminal justice agency
  793  may not seal any record pertaining to such additional arrests if
  794  the order to seal does not articulate the intention of the court
  795  to seal records pertaining to more than one arrest. This section
  796  does not prevent the court from ordering the sealing of only a
  797  portion of a criminal history record pertaining to one arrest or
  798  one incident of alleged criminal activity. Notwithstanding any
  799  law to the contrary, a criminal justice agency may comply with
  800  laws, court orders, and official requests of other jurisdictions
  801  relating to sealing, correction, or confidential handling of
  802  criminal history records or information derived therefrom. This
  803  section does not confer any right to the sealing of any criminal
  804  history record, and any request for sealing a criminal history
  805  record may be denied at the sole discretion of the court.
  806         (4) EFFECT OF CRIMINAL HISTORY RECORD SEALING.—A criminal
  807  history record of a minor or an adult which is ordered sealed by
  808  a court of competent jurisdiction pursuant to this section is
  809  confidential and exempt from the provisions of s. 119.07(1) and
  810  s. 24(a), Art. I of the State Constitution and is available only
  811  to the person who is the subject of the record, to the subject’s
  812  attorney, to criminal justice agencies for their respective
  813  criminal justice purposes, which include conducting a criminal
  814  history background check for approval of firearms purchases or
  815  transfers as authorized by state or federal law, to judges in
  816  the state courts system for the purpose of assisting them in
  817  their case-related decisionmaking responsibilities, as set forth
  818  in s. 943.053(5), or to those entities set forth in
  819  subparagraphs (a)1., 4., 5., 6., and 8. for their respective
  820  licensing, access authorization, and employment purposes.
  821         (a) The subject of a criminal history record sealed under
  822  this section or under other provisions of law, including former
  823  s. 893.14, former s. 901.33, and former s. 943.058, may lawfully
  824  deny or fail to acknowledge the arrests covered by the sealed
  825  record, except when the subject of the record:
  826         1. Is a candidate for employment with a criminal justice
  827  agency;
  828         2. Is a defendant in a criminal prosecution;
  829         3. Concurrently or subsequently petitions for relief under
  830  this section or s. 943.0585;
  831         4. Is a candidate for admission to The Florida Bar;
  832         5. Is seeking to be employed or licensed by or to contract
  833  with the Department of Children and Family Services, the Agency
  834  for Health Care Administration, the Agency for Persons with
  835  Disabilities, or the Department of Juvenile Justice or to be
  836  employed or used by such contractor or licensee in a sensitive
  837  position having direct contact with children, the
  838  developmentally disabled, the aged, or the elderly as provided
  839  in s. 110.1127(3), s. 393.063, s. 394.4572(1), s. 397.451, s.
  840  402.302(3), s. 402.313(3), s. 409.175(2)(i), s. 415.102(4), s.
  841  415.103, chapter 916, s. 985.644, chapter 400, or chapter 429;
  842         6. Is seeking to be employed or licensed by the Department
  843  of Education, any district school board, any university
  844  laboratory school, any charter school, any private or parochial
  845  school, or any local governmental entity that licenses child
  846  care facilities;
  847         7. Is attempting to purchase a firearm from a licensed
  848  importer, licensed manufacturer, or licensed dealer and is
  849  subject to a criminal history background check under state or
  850  federal law; or
  851         8. Is seeking authorization from a Florida seaport
  852  identified in s. 311.09 for employment within or access to one
  853  or more of such seaports pursuant to s. 311.12 or s. 311.125.
  854         Section 10. The Office of Drug Control shall commission an
  855  update of the Florida Seaport Security Assessment 2000
  856  referenced in s. 311.12(1)(a), Florida Statutes. The office
  857  shall consult with the Seaport Security Standards Advisory
  858  Council in forming the parameters of the update. The updated
  859  assessment shall be presented to the Legislature for review by
  860  January 1, 2010. Pursuant to s. 311.13, Florida Statutes, any
  861  records included in the assessment which are exempt from s.
  862  119.07(1), Florida Statutes, are exempt from disclosure.
  863         Section 11. Paragraph (b) of subsection (10) of s. 311.12,
  864  Florida Statutes, as amended by this act, shall take effect only
  865  if SB 2162, or similar legislation is enacted in the same
  866  legislative session, or an extension thereof, and becomes law.
  867         Section 12. Except as otherwise expressly provided in this
  868  act, this act shall take effect July 1, 2009.
  869  
  870  
  871  ================= T I T L E  A M E N D M E N T ================
  872         And the title is amended as follows:
  873         Delete everything before the enacting clause
  874  and insert:
  875                        A bill to be entitled                      
  876         An act relating to seaport security; creating s.
  877         311.115, F.S.; establishing the Seaport Security
  878         Standards Advisory Council; providing for membership
  879         and terms of office; providing duties; requiring
  880         reports to the Governor and Legislature; amending s.
  881         311.12, F.S.; revising provisions relating to seaport
  882         security; authorizing the Department of Law
  883         Enforcement to exempt all or part of a port from
  884         certain security requirements; providing criteria for
  885         determining eligibility to enter secure or restricted
  886         areas; establishing a statewide access eligibility
  887         reporting system within the department; requiring all
  888         access eligibility to be submitted to the department
  889         and retained within the system; deleting the
  890         requirement that seaports promptly notify the
  891         department of any changes in access levels; requiring
  892         changes in access eligibility status to be reported
  893         within a certain time; providing for fees; providing a
  894         procedure for obtaining access to secure and
  895         restricted areas using federal credentialing;
  896         specifying the process for conducting criminal history
  897         checks and for the retention of fingerprint
  898         information; providing a criminal penalty for
  899         providing false information related to obtaining
  900         access to restricted seaport areas; providing
  901         additional criminal offenses that disqualify a person
  902         from employment by or access to a seaport; deleting
  903         the requirement that the department notify the port
  904         authority that denied employment of the final
  905         disposition of a waiver request from background
  906         screening requirements; allowing, rather than
  907         requiring, certain applications for a waiver from
  908         security requirements to be submitted to the Domestic
  909         Security Council for review; requiring a copy of the
  910         department’s legislative report to be provided to each
  911         seaport governing body or authority; requiring the
  912         department to provide assessment briefings to seaport
  913         authority governing boards and local regional domestic
  914         security task force co-chairs at least once per year;
  915         requiring certain board members to attend assessment
  916         briefings; adding the department to those entities
  917         responsible for allocating funds for security
  918         projects; repealing s. 311.111, F.S., relating to
  919         unrestricted and restricted public access areas and
  920         secured restricted access areas; repealing s. 311.125,
  921         F.S., relating to the Uniform Port Access Credential
  922         System and the Uniform Port Access Credential Card;
  923         amending s. 311.121, F.S.; revising the membership of
  924         the Seaport Security Officer Qualification, Training,
  925         and Standards Coordinating Council; amending ss.
  926         311.123, 311.124, 311.13, 943.0585, and 943.059, F.S.;
  927         conforming terms and cross-references; directing the
  928         Office of Drug Control to commission an update of the
  929         Florida Seaport Security Assessment 2000, which shall
  930         be presented to the Legislature by a certain date;
  931         providing a contingency with respect to assessment
  932         briefings conducted by the department; providing an
  933         effective date.
  934