Florida Senate - 2009              PROPOSED COMMITTEE SUBSTITUTE
       Bill No. SB 2684
       
       
       
       
       
                                Barcode 831246                          
       
       583-03528A-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 assessment
   57         briefings conducted by the department; providing an
   58         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 Department of Law Enforcement.
   75         (f)One designee from the Office of Motor Carrier
   76  Compliance of the Department of Transportation.
   77         (g)One designee from the Attorney General’s Office.
   78         (h)One designee from the Department of Agriculture and
   79  Consumer Services.
   80         (i)One designee from the Office of Tourism, Trade, and
   81  Economic Development.
   82         (j)One designee from the Office of Drug Control.
   83         (k)One designee from the Fish and Wildlife Conservation
   84  Commission.
   85         (l)The Director of the Division of Emergency Management,
   86  or designee.
   87         (2)In addition to the members designated in subsection
   88  (1), the council may invite a representative of the United
   89  States Coast Guard to attend and participate in council meetings
   90  as an ex officio, nonvoting member of the council.
   91         (3)Members of the council shall be appointed to 4-year
   92  terms. A vacancy shall be filled by the original appointing
   93  authority for the balance of the unexpired term.
   94         (4)The council shall be chaired by a designee from the
   95  Office of Drug Control.
   96         (5)Beginning January 15, 2007, and at least every 4 years
   97  thereafter, the Office of Drug Control shall convene the council
   98  to review the minimum security standards referenced in s.
   99  311.12(1) for applicability to and effectiveness in combating
  100  current narcotics and terrorism threats to the state’s seaports.
  101  All sources of information allowed by law shall be used in
  102  assessing the applicability and effectiveness of the standards.
  103         (6)Council members shall serve without pay; however, per
  104  diem and travel allowances may be claimed for attendance at
  105  officially called meetings as provided by s. 112.061.
  106         (7)The council shall consult with the appropriate area
  107  maritime security committees to assess possible impacts to
  108  commerce and trade contained in the council’s nonclassified
  109  recommendations and findings.
  110         (8)The recommendations and findings of the council shall
  111  be transmitted to the Governor, the President of the Senate, and
  112  the Speaker of the House of Representatives.
  113         Section 2. Section 311.12, Florida Statutes, is amended to
  114  read:
  115         (Substantial rewording of section. See
  116         s. 311.12, F.S., for present text.)
  117         311.12Seaport security.—
  118         (1)SECURITY STANDARDS.—
  119         (a)The statewide minimum standards for seaport security
  120  applicable to seaports listed in s. 311.09 shall be those based
  121  on the Florida Seaport Security Assessment 2000 and set forth in
  122  the Port Security Standards Compliance Plan delivered to the
  123  Speaker of the House of Representatives and the President of the
  124  Senate on December 11, 2000. The Office of Drug Control within
  125  the Executive Office of the Governor shall maintain a sufficient
  126  number of copies of the standards at its offices for
  127  distribution to the public, and provide copies to each affected
  128  seaport upon request.
  129         (b)A seaport may implement security measures that are more
  130  stringent, more extensive, or supplemental to the minimum
  131  security standards established by this subsection, except that
  132  for purposes of qualifying for employment and access to
  133  restricted access areas, a seaport must meet but may not exceed
  134  the disqualifying offenses provided in subsection (7).
  135         (2)EXEMPTION.—The Department of Law Enforcement may exempt
  136  all or part of a seaport listed in s. 311.09 from the
  137  requirements of this section if the department determines that
  138  activity associated with the use of the seaport or part of the
  139  seaport is not vulnerable to criminal activity or terrorism. The
  140  department shall periodically review such exemptions to
  141  determine if there is a change in use. Such change may warrant
  142  removal of all or part of the exemption.
  143         (3)SECURITY PLAN.—Each seaport listed in s. 311.09 shall
  144  adopt and maintain a security plan specific to that seaport
  145  which provides for a secure seaport infrastructure that promotes
  146  the safety and security of state residents and visitors and the
  147  flow of legitimate trade and travel.
  148         (a)Beginning January 1, 2007, and every 5 years
  149  thereafter, each seaport director, with the assistance of the
  150  Regional Domestic Security Task Force and in conjunction with
  151  the United States Coast Guard, shall revise the seaport’s
  152  security plan based on the director’s ongoing assessment of
  153  security risks, the risks of terrorist activities, and the
  154  specific and identifiable needs of the seaport for ensuring that
  155  the seaport is in substantial compliance with the minimum
  156  security standards established under subsection (1).
  157         (b)Each adopted or revised security plan must be reviewed
  158  and approved by the Office of Drug Control and the Department of
  159  Law Enforcement for compliance with federal facility security
  160  assessment requirements under 33 C.F.R. s. 105.305 and the
  161  minimum security standards established under subsection (1).
  162  Within 30 days after completion, a copy of the written review
  163  shall be delivered to the United States Coast Guard, the
  164  Regional Domestic Security Task Force, and the Domestic Security
  165  Oversight Council.
  166         (4)RESTRICTED ACCESS AREAS.—Each seaport listed in s.
  167  311.09 must clearly designate in seaport security plans, and
  168  clearly identify with appropriate signs and markers on the
  169  premises of a seaport, all restricted access areas, access
  170  eligibility requirements, and corresponding security enforcement
  171  authorizations, which may include, but not be limited to, clear
  172  notice of the prohibition against possession of concealed
  173  weapons and other contraband material on the premises of the
  174  seaport, as provided in paragraph (e).
  175         (a)The seaport’s security plan must set forth the
  176  conditions and restrictions to be imposed on persons employed
  177  at, doing business at, or visiting the seaport relating to
  178  restricted access areas that are sufficient to provide
  179  substantial compliance with the minimum security standards
  180  established in subsection (1).
  181         (b)Seaport employees and other persons working at the
  182  seaport who have regular access to such areas, visitors who have
  183  business with the seaport, and cruise ship passengers holding
  184  valid boarding documents have express permission to enter a
  185  restricted access area.
  186         1.Seaport employees or other persons working at the
  187  seaport are considered to have “regular access” if they enter a
  188  restricted area more than five times in a 90-day period.
  189         2.A person who enters a restricted access area five times
  190  or less in a 90-day period is considered a “visitor.” Upon
  191  arrival at a restricted access area, a visitor must, at a
  192  minimum, stop at a check point, show valid identification, and
  193  receive a visitor’s pass before proceeding. The visitor’s pass
  194  must be plainly displayed on the person of the visitor or in the
  195  windshield of the vehicle, and designate which area of the
  196  seaport may be accessed by the visitor. Failure to display the
  197  visitor’s pass shall result in revocation of permission to work
  198  at the seaport. Public conveyances, such as buses carrying
  199  passengers into restricted access areas, must be able to verify
  200  that all passengers have legitimate business at the seaport.
  201  Procedures for implementation of this requirement are the
  202  responsibility of each seaport.
  203         3.Cruise ship passengers are those persons scheduled for
  204  immediate departure who have permission to board a ship that is
  205  in port. Upon arrival at a restricted access area, cruise ship
  206  passengers must, at a minimum, stop at a check point and show
  207  valid identification and boarding documents.
  208         4.Any person found in these areas without the proper
  209  permission is subject to the trespass provisions of ss. 810.08
  210  and 810.09.
  211         5.All persons and objects in these areas are subject to
  212  search by a sworn state-certified law enforcement officer, a
  213  Class D seaport security officer certified under Maritime
  214  Transportation Security Act guidelines and s. 311.121, or an
  215  employee of the seaport security force certified under the
  216  Maritime Transportation Security Act guidelines and s. 311.121.
  217         (c)During a period of high terrorist threat level, as
  218  designated by the United States Department of Homeland Security
  219  or the Department of Law Enforcement, or during an emergency
  220  declared at a port by the seaport security director due to
  221  events applicable to that particular seaport, the management or
  222  controlling authority of the port may temporarily designate any
  223  part of the seaport property as a restricted access area. The
  224  duration of such designation is limited to the period in which
  225  the high terrorist threat level is in effect or a port emergency
  226  exists.
  227         (d)As determined by the seaport director’s most current
  228  risk assessment report under paragraph (3)(a), any restricted
  229  access area that has a potential human occupancy of 50 persons
  230  or more, any cruise terminal, or any business operation that is
  231  adjacent to a public access area must be protected from the most
  232  probable and credible terrorist threat to human life.
  233         (e)Any person in a restricted access area who has in his
  234  or her possession a concealed weapon, or who operates or has
  235  possession or control of a vehicle in or upon which a concealed
  236  weapon is placed or stored, commits a misdemeanor of the first
  237  degree, punishable as provided in s. 775.082 or s. 775.083. This
  238  paragraph does not apply to active-duty certified federal or
  239  state law enforcement personnel or persons so designated by the
  240  seaport director in writing.
  241         (5)ACCESS ELIGIBILITY REPORTING SYSTEM.—Subject to
  242  legislative appropriations, the Department of Law Enforcement
  243  shall administer a statewide seaport access eligibility
  244  reporting system.
  245         (a)The system must, at a minimum, include:
  246         1.A centralized, secure method of collecting and
  247  maintaining fingerprints or other biometric data, or other means
  248  of confirming the identity of persons authorized to enter a
  249  restricted access area of a seaport;
  250         2.A methodology for receiving from and transmitting
  251  information to each seaport regarding a person’s authority to
  252  enter a restricted access area of the seaport;
  253         3.A means for receiving prompt notification from a seaport
  254  when a person’s authorization to enter a restricted access area
  255  of a seaport has be suspended or revoked; and
  256         4.A means to communicate to seaports when a person’s
  257  authorization to enter a restricted access area of a seaport has
  258  been suspended or revoked.
  259         (b)Each seaport listed in s. 311.09 is responsible for
  260  granting, modifying, restricting, or denying access to
  261  restricted access areas to seaport employees, other persons
  262  working at the seaport, visitors who have business with the
  263  seaport, or other persons regularly appearing at the seaport.
  264  Each seaport is responsible for access eligibility verification
  265  at its location.
  266         (c)In accordance with subsection (7), a fingerprint-based
  267  criminal history check must be performed on employee applicants,
  268  current employees, and other persons working within or
  269  authorized to regularly enter a restricted access area. Based
  270  upon the criminal history check, each seaport may determine the
  271  specific access eligibility to be granted to that person.
  272         (d)Upon determining that a person is eligible to enter a
  273  restricted access area of a port, the seaport shall, within 3
  274  business days, report the determination to the department for
  275  inclusion in the system.
  276         (e)All information submitted to the department regarding a
  277  person’s access eligibility screening may be retained by the
  278  department for subsequent use in promoting seaport security,
  279  including, but not limited to, the review of the person’s
  280  criminal history status to ensure that the person has not become
  281  disqualified for such access.
  282         (f)The following fees shall be paid by the seaport,
  283  another employing entity, or the person being entered into the
  284  system to the department or to the seaport if the seaport is
  285  acting as an agent of the department for the purpose of
  286  collecting the fees. Except as provided in subparagraph 4.,
  287  persons who have been entered into the system may not be charged
  288  by more than one seaport for the fees specified in subparagraphs
  289  1. through 3.
  290         1.The cost of the state and federal criminal history
  291  checks under subsection (7).
  292         2.A $50 fee to cover the initial cost of entering the
  293  person into the system, and every 5 years thereafter to coincide
  294  with the issuance of the federal Transportation Worker
  295  Identification Credential described in subsection (6) or the
  296  federal criminal history check required under paragraph (7)(f).
  297  The fee covers all costs for entering or maintaining the person
  298  in the system including the retention and use of their
  299  fingerprint or other biometric data, or other identifying
  300  information.
  301         3.A seaport may charge an additional administrative fee to
  302  cover, but not exceed, the amount charged to the seaport to
  303  participate in the system.
  304         4.A seaport, other than the seaport that entered the
  305  person into the system, may charge a fee for the issuance of a
  306  local credential authorizing the person to enter restricted
  307  access areas in that seaport. Such credentials must also be
  308  issued every 5 years to coincide with the issuance of the
  309  federal credential or the federal criminal history check as
  310  described in subparagraph 2.
  311         (g)Each person working at a seaport is eligible to enter a
  312  seaport participating in the system based on the level of
  313  permission allowed by the seaport that entered the person into
  314  the system.
  315         (h)Persons, corporations, or other business entities that
  316  employ persons to work or do business at seaports shall notify
  317  the seaport of the termination, resignation, work-related
  318  incapacitation, or death of an employee who has access
  319  permission.
  320         1.If the seaport determines that the person has been
  321  employed by another appropriate entity or is self-employed for
  322  purposes of performing work at the seaport, the seaport may
  323  reinstate the person’s access eligibility.
  324         2.A business entity’s failure to report a change in an
  325  employee’s work status within 7 days after that change may
  326  result in revocation of the business entity’s access to the
  327  seaport.
  328         (i)In addition to access permissions granted or denied by
  329  seaports, access eligibility may be restricted or revoked by the
  330  department if there is a reasonable suspicion that the person is
  331  involved in terrorism or criminal violations that could affect
  332  the security of a port or otherwise render the person ineligible
  333  for seaport access.
  334         (j)Any suspension or revocation of port access must be
  335  reported by the seaport to the department within 24 hours.
  336         (k)The submission of information known to be false or
  337  misleading to the department for entry into the system is a
  338  felony of the third degree, punishable as provided in s.
  339  775.082, s. 775.083, or s. 775.084.
  340         (6)EXPEDITED ACCESS TO RESTRICTED ACCESS AREAS.—A person
  341  who possesses a valid federal Transportation Worker
  342  Identification Credential (TWIC) may use the following expedited
  343  process to obtain authorization to access restricted access
  344  areas.
  345         (a)The person shall execute an affidavit under oath,
  346  providing TWIC identification information and indicating that:
  347         1.The TWIC is currently valid and in full force and
  348  effect;
  349         2.He or she did not receive the TWIC through the waiver
  350  process for disqualifying criminal history allowed by federal
  351  law; and
  352         3.He or she has not, in any jurisdiction, civilian or
  353  military, been charged with, been convicted of, entered a plea
  354  of guilty or nolo contendere to, regardless of adjudication, or
  355  been found not guilty by reason of insanity, of any
  356  disqualifying felony under subsection (7) or any crime which
  357  includes the use or possession of a weapon or firearm.
  358         (b)Upon submission of a completed affidavit as provided in
  359  paragraph (a), the completion of the state criminal history
  360  check as provided in subsection (7), and payment of all required
  361  fees under subsection (5), a seaport may grant the person access
  362  to restricted access areas of the port.
  363         (c)Any port granting a person access to restricted access
  364  areas by reason of this expedited process shall report the grant
  365  of access to the Department of Law Enforcement for inclusion in
  366  the access eligibility reporting system within 3 business days.
  367         (d)The submission of false information on the affidavit
  368  required by this section is a felony of the third degree,
  369  punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
  370  Upon conviction of a violation of this provision, the person
  371  forfeits all privilege of access to restricted access areas of a
  372  seaport, must surrender all state or local port access
  373  documents, and is disqualified from future approval for access
  374  to any restricted access area of a seaport.
  375         (e)Any affidavit form created for use in the expedited
  376  process must conspicuously state: “Submission of false
  377  information on this affidavit is a felony under Florida law and
  378  will, upon conviction, result in disqualification for access to
  379  a seaport restricted access area.”
  380         (f)Upon each 5-year renewal of a person’s TWIC, the person
  381  must submit another affidavit as required by this subsection.
  382         (7)CRIMINAL HISTORY SCREENING.—A fingerprint-based
  383  criminal history check must be performed on employee applicants,
  384  current employees, and other persons authorized to regularly
  385  enter a restricted access area, or the entire seaport if the
  386  seaport security plan does not designate one or more restricted
  387  access areas.
  388         (a)A person is disqualified from employment or unescorted
  389  access if the person:
  390         1.Was convicted of, or entered a plea of guilty or nolo
  391  contendere to, regardless of adjudication, any of the offenses
  392  listed in paragraph (b) in any jurisdiction, civilian or
  393  military, during the 7 years before the date of the person's
  394  application for access; or
  395         2.Was released from incarceration, or any supervision
  396  imposed as a result of sentencing, for committing any of the
  397  disqualifying crimes listed in paragraph (b) in any
  398  jurisdiction, civilian or military, during the 5 years before
  399  the date of the person's application for access.
  400         (b)The disqualifying offenses include:
  401         1.An act of terrorism as defined in s. 775.30.
  402         2.A violation involving a weapon of mass destruction or
  403  hoax weapon of mass destruction as provided in s. 790.166.
  404         3.Planting of a hoax bomb as provided in s. 790.165.
  405         4.A violation of s. 876.02 or 876.36.
  406         5.A violation of s. 860.065.
  407         6.Trafficking as provided in s. 893.135.
  408         7.Racketeering activity as provided in s. 895.03.
  409         8.Dealing in stolen property as provided in s. 812.019.
  410         9.Money laundering as provided in s. 896.101.
  411         10.Criminal use of personal identification as provided in
  412  s. 817.568.
  413         11.Bribery as provided in s. 838.015.
  414         12.A violation of s. 316.302, relating to the transport of
  415  hazardous materials.
  416         13.A forcible felony as defined in s. 776.08.
  417         14.A violation of s. 790.07.
  418         15.Any crime which includes the use or possession of a
  419  weapon or firearm.
  420         16.A felony violation for theft as provided in s. 812.014.
  421         17.Robbery as provided in s. 812.13.
  422         18.Burglary as provided in s. 810.02.
  423         19.Any violation involving the sale, manufacture,
  424  delivery, or possession with intent to sell, manufacture, or
  425  deliver a controlled substance.
  426         20.Any offense under the laws of another jurisdiction that
  427  is similar to an offense in this list.
  428         21.Conspiracy or attempt to commit any of the listed
  429  offenses.
  430         (c)Each individual who is subject to a criminal history
  431  check shall file a complete set of fingerprints taken in a
  432  manner acceptable to the Department of Law Enforcement for state
  433  processing. Except for persons who are eligible for expedited
  434  access under subsection (6), the fingerprints shall be forwarded
  435  by the department to the Federal Bureau of Investigation for
  436  federal processing. The results of the criminal history check
  437  must be reported to the requesting seaport and may be shared
  438  among seaports.
  439         (d)All fingerprints submitted to the Department of Law
  440  Enforcement shall be retained by the department and entered into
  441  the statewide automated fingerprint identification system
  442  established in s. 943.05(2)(b) and available for use in
  443  accordance with s. 943.05(2)(g) and (h). An arrest record that
  444  is identified with the retained fingerprints of a person subject
  445  to the screening shall be reported to the seaport where the
  446  person has been granted access to a restricted access area. If
  447  the fingerprints of a person who has been granted access to any
  448  restricted area were not retained, or are otherwise not suitable
  449  for use by the department, the person must be refingerprinted in
  450  a manner that allows the department to perform its functions as
  451  provided herein.
  452         (e)All fees identified in subsection (5) must be paid
  453  before the person may be granted access to a restricted access
  454  area. Failure to comply with the criminal history checks or to
  455  pay the annual fees are grounds for immediate denial of access.
  456         (f)Except for persons who are eligible for expedited
  457  access under subsection (6), the federal criminal history check
  458  must be performed through the Department of Law Enforcement at
  459  least once every 5 years, or at more frequent intervals as
  460  required by the seaport security plan.
  461         (g)The Department of Law Enforcement shall establish a
  462  waiver process for an individual who is found to be unqualified
  463  under paragraph (a) and denied employment by a seaport or
  464  unescorted access to restricted access areas.
  465         1.Consideration for a waiver shall be based on the
  466  circumstances of any disqualifying act or offense, restitution
  467  made by the individual, and other factors from which it may be
  468  determined that the individual does not pose a risk of engaging
  469  in any act within the public seaports regulated under this
  470  chapter which poses a risk to or threatens the security of the
  471  seaport and the public’s health, safety, or welfare.
  472         2.The waiver process begins when an individual who has
  473  been denied initial employment within or unescorted access to
  474  restricted areas of a public seaport submits an application for
  475  a waiver and a notarized letter or affidavit from the
  476  individual’s employer or union representative which states the
  477  mitigating reasons for initiating the waiver process.
  478         3.Within 90 days after receipt of the application, the
  479  administrative staff of the Parole Commission shall conduct a
  480  factual review of the waiver application. Findings of fact shall
  481  be transmitted to the department for review. The department
  482  shall make a copy of those findings available to the applicant
  483  before final disposition of the waiver request.
  484         4.The department shall make a final disposition of the
  485  waiver request based on the factual findings of the
  486  investigation by the Parole Commission. The department shall
  487  notify the waiver applicant of the final disposition of the
  488  waiver.
  489         5.The review process under this paragraph is exempt from
  490  chapter 120.
  491         6.By October 1 of each year, each seaport shall report to
  492  the department each instance of denial of employment within, or
  493  access to, restricted areas, and each instance waiving an appeal
  494  of a denial occurring during the last 12 months. The report must
  495  include the identity of the individual affected, the factors
  496  supporting the denial or waiver, and any other material factors
  497  used to make the determination.
  498         (h)In addition to the waiver procedure established by the
  499  Department of Law Enforcement under paragraph (g), each seaport
  500  security plan may establish a procedure to appeal a denial of
  501  employment or access based upon procedural inaccuracies or
  502  discrepancies regarding criminal history factors established
  503  pursuant to this subsection.
  504         (i)Each seaport may allow immediate waivers on a temporary
  505  basis to meet special or emergency needs of the seaport or its
  506  users. Policies, procedures, and criteria for implementation of
  507  this provision must be included in the seaport security plan.
  508  All waivers granted by the seaports pursuant to this paragraph
  509  must be reported to the department within 30 days after
  510  issuance.
  511         (8)WAIVER FROM SECURITY REQUIREMENTS.—The Office of Drug
  512  Control and the Department of Law Enforcement may modify or
  513  waive any physical facility requirement or other requirement
  514  contained in the minimum security standards upon a determination
  515  that the purposes of the standards have been reasonably met or
  516  exceeded by the seaport requesting the modification or waiver.
  517  An alternate means of compliance must not diminish the safety or
  518  security of the seaport and must be verified through an
  519  extensive risk analysis conducted by the seaport director.
  520         (a)Waiver requests shall be submitted in writing, along
  521  with supporting documentation, to the Office of Drug Control and
  522  the Department of Law Enforcement. The office and the department
  523  have 90 days to jointly grant or reject the waiver, in whole or
  524  in part.
  525         (b)The seaport may submit any waivers that are not granted
  526  or are jointly rejected to the Domestic Security Oversight
  527  Council for review within 90 days. The council shall recommend
  528  that the Office of Drug Control and the Department of Law
  529  Enforcement grant the waiver or reject the waiver, in whole or
  530  in part. The office and the department shall give great weight
  531  to the council’s recommendations.
  532         (c)A request seeking a waiver from the seaport law
  533  enforcement personnel standards established under s. 311.122(3)
  534  may not be granted for percentages below 10 percent.
  535         (d)Any modifications or waivers granted under this
  536  subsection shall be noted in the annual report submitted by the
  537  Department of Law Enforcement pursuant to subsection (10).
  538         (9)INSPECTIONS.—It is the intent of the Legislature that
  539  the state’s seaports adhere to security practices that are
  540  consistent with the risks assigned to each seaport through the
  541  ongoing risk assessment process established in paragraph (3)(a).
  542         (a)The Department of Law Enforcement, or any entity
  543  designated by the department, shall conduct at least one annual
  544  unannounced inspection of each seaport to determine whether the
  545  seaport is meeting the minimum security standards established
  546  pursuant to subsection (1), and to identify seaport security
  547  changes or improvements needed or otherwise recommended.
  548         (b)The Department of Law Enforcement, or any entity
  549  designated by the department, may conduct additional announced
  550  or unannounced inspections or operations within or affecting any
  551  seaport to test compliance with, or the effectiveness of,
  552  security plans and operations at each seaport, to determine
  553  compliance with physical facility requirements and standards, or
  554  to assist the department in identifying changes or improvements
  555  needed to bring a seaport into compliance with minimum security
  556  standards.
  557         (c)Within 30 days after completing the inspection report,
  558  the department shall submit a copy of the report to the Domestic
  559  Security Oversight Council.
  560         (d)A seaport may request that the Domestic Security
  561  Oversight Council review the findings in the department’s report
  562  as they relate to the requirements of this section. The council
  563  may review only those findings that are in dispute by the
  564  seaport. In reviewing the disputed findings, the council may
  565  concur in the findings of the department or the seaport, or may
  566  recommend corrective action to the seaport. The department and
  567  the seaport shall give great weight to the council’s findings
  568  and recommendations.
  569         (e)All seaports shall allow the Department of Law
  570  Enforcement, or entity designated by the department, unimpeded
  571  access to affected areas and facilities for the purpose of plan
  572  or compliance inspections or other operations authorized by this
  573  section.
  574         (10)REPORTS.—
  575         (a)The Department of Law Enforcement, in consultation with
  576  the Office of Drug Control, shall annually complete a report
  577  indicating the observations and findings of all reviews,
  578  inspections, or other operations relating to the seaports
  579  conducted during the year and any recommendations resulting from
  580  such reviews, inspections, and operations. A copy of the report
  581  shall be provided to the Governor, the President of the Senate,
  582  the Speaker of the House of Representatives, the governing body
  583  of each seaport or seaport authority, and each seaport director.
  584  The report must include each director’s response indicating what
  585  actions, if any, have been taken or are planned to be taken
  586  pursuant to the observations, findings, and recommendations
  587  reported by the department.
  588         (b)After the Department of Law Enforcement completes the
  589  annual inspection report in paragraph (a), the department shall
  590  provide an assessment briefing to the board members of the
  591  governing authority of each seaport and to the local regional
  592  domestic security task force co-chairs. The briefing must
  593  address the findings from the inspections, areas of concern, and
  594  recommendations for improvements.
  595         1.The department shall provide at least one assessment
  596  briefing per year to the board during a meeting of the board.
  597  The board must make transcripts and audio recordings of all
  598  proceedings during such briefings.
  599         2.Each board member of a governing authority having
  600  responsibility for seaport oversight or operations must attend
  601  the assessment briefings. All attendance records shall be
  602  published and announced at the next regular meeting of the
  603  board.
  604         (11)FUNDING.—
  605         (a)In making security project or other funding decisions
  606  applicable to each seaport listed in s. 311.09, the Legislature
  607  may consider the Department of Law Enforcement’s annual report
  608  under subsection (10) as authoritative, especially regarding
  609  each seaport’s degree of substantial compliance with the minimum
  610  security standards established in subsection (1).
  611         (b)The Legislature shall regularly review the ongoing
  612  costs of operational security on seaports, the impacts of this
  613  section on those costs, mitigating factors that may reduce costs
  614  without reducing security, and the methods by which seaports may
  615  implement operational security using a combination of sworn law
  616  enforcement officers and private security services.
  617         (c)Subject to the provisions of this chapter and
  618  appropriations made for seaport security, state funds may not be
  619  expended for security costs without certification of need for
  620  such expenditures by the Office of Ports Administrator within
  621  the Department of Law Enforcement.
  622         (d)If funds are appropriated for seaport security, the
  623  Office of Drug Control, the Department of Law Enforcement, and
  624  the Florida Seaport Transportation and Economic Development
  625  Council shall mutually determine the allocation of such funds
  626  for security project needs identified in the approved seaport
  627  security plans. Any seaport that receives state funds for
  628  security projects must enter into a joint participation
  629  agreement with the appropriate state entity and use the seaport
  630  security plan as the basis for the agreement.
  631         1.If funds are made available over more than 1 fiscal
  632  year, the agreement must reflect the entire scope of the project
  633  approved in the security plan and, as practicable, allow for
  634  reimbursement for authorized projects over more than 1 year.
  635         2.The agreement may include specific timeframes for
  636  completion of a security project and the applicable funding
  637  reimbursement dates. The agreement may also require a
  638  contractual penalty of up to $1,000 per day to be imposed for
  639  failure to meet project completion dates if state funding is
  640  available. Any such penalty shall be deposited into the State
  641  Transportation Trust Fund and used for seaport security
  642  operations and capital improvements.
  643         Section 3. Sections 311.111 and 311.125, Florida Statutes,
  644  are repealed.
  645         Section 4. Subsection (3) of section 311.121, Florida
  646  Statutes, is amended to read:
  647         311.121 Qualifications, training, and certification of
  648  licensed security officers at Florida seaports.—
  649         (3)(a) The Seaport Security Officer Qualification,
  650  Training, and Standards Coordinating Council is created under
  651  the Department of Law Enforcement.
  652         (a)(b)1. The executive director of the Department of Law
  653  Enforcement shall appoint 11 members to the council to which
  654  shall include:
  655         1.a. The seaport administrator of the Department of Law
  656  Enforcement.
  657         2.b. The Commissioner of Education or designee chancellor
  658  of the Community College System.
  659         3.c. The director of the Division of Licensing of the
  660  Department of Agriculture and Consumer Services.
  661         4.d. The administrator of the Florida Seaport
  662  Transportation and Economic Development Council.
  663         5.e. Two seaport security directors from seaports
  664  designated under s. 311.09.
  665         6.f. One director of a state law enforcement academy.
  666         7.g. One representative of a local law enforcement agency.
  667         8.h. Two representatives of contract security services.
  668         9.i. One representative of the Division of Driver Licenses
  669  of the Department of Highway Safety and Motor Vehicles.
  670         (b)2. In addition to the members designated in paragraph
  671  (a) subparagraph 1., the executive director may invite a
  672  representative of the United States Coast Guard to attend and
  673  participate in council meetings as an ex officio, nonvoting
  674  member of the council.
  675         (c) Council members designated under subparagraphs (a)1.-4.
  676  in sub-subparagraphs (b)1.a.-d. shall serve for the duration of
  677  their employment or appointment. Council members designated
  678  under subparagraphs (b)5.-9. sub-subparagraphs (b)1.e.-i. shall
  679  be appointed for serve 4-year terms, except that the initial
  680  appointment for the representative of a local law enforcement
  681  agency, one representative of a contract security agency, and
  682  one seaport security director from a seaport designated in s.
  683  311.09 shall be appointed for 2-year terms serve for terms of 2
  684  years.
  685         (d) The chancellor of the Community College System shall
  686  serve as chair of the council.
  687         (e) The council shall meet upon the call of the chair, and
  688  at least once a year to update or modify curriculum
  689  recommendations.
  690         (f) Council members shall serve without pay; however, per
  691  diem and travel allowances may be claimed for attendance of
  692  officially called meetings as provided by s. 112.061.
  693         (g) By December 1, 2006, The council shall identify the
  694  qualifications, training, and standards for seaport security
  695  officer certification and recommend a curriculum for the seaport
  696  security officer training program that includes at least shall
  697  include no less than 218 hours of initial certification training
  698  and that conforms to or exceeds model courses approved under by
  699  the Federal Maritime Act under s. 109 of the Federal Maritime
  700  Transportation Security Act of 2002 for facility personnel with
  701  specific security duties.
  702         1.(h) The council may recommend training equivalencies that
  703  may be substituted for portions of the required training.
  704         2.(i) The council shall recommend a continuing education
  705  curriculum of at least no less than 8 hours of additional
  706  training for each annual licensing period.
  707         Section 5. Section 311.123, Florida Statutes, is amended to
  708  read:
  709         311.123 Maritime domain security awareness training
  710  program.—
  711         (1) The Florida Seaport Transportation and Economic
  712  Development Council, in conjunction with the Department of Law
  713  Enforcement and the Office of Drug Control within the Executive
  714  Office of the Governor, shall create a maritime domain security
  715  awareness training program to instruct all personnel employed
  716  within a seaport’s boundaries about the security procedures
  717  required of them for implementation of the seaport security plan
  718  required under s. 311.12(3).
  719         (2) The training program curriculum must include security
  720  training required pursuant to 33 C.F.R. part 105 and must be
  721  designed to enable the seaports in this state to meet the
  722  training, drill, and exercise requirements of 33 C.F.R. part 105
  723  and individual seaport security plans and to otherwise comply
  724  with the requirements of s. 311.12 relating to security
  725  awareness.
  726         Section 6. Subsection (1) of section 311.124, Florida
  727  Statutes, is amended to read:
  728         311.124 Trespassing; detention by a certified seaport
  729  security officer.—
  730         (1) Any Class D or Class G seaport security officer
  731  certified under the Maritime Transportation Security Act
  732  guidelines and s. 311.121 or any employee of the seaport
  733  security force certified under the Maritime Transportation
  734  Security Act guidelines and s. 311.121 who has probable cause to
  735  believe that a person is trespassing pursuant to the provisions
  736  of s. 810.08 or s. 810.09 or this chapter in a designated
  737  restricted access area pursuant to s. 311.12(4) s. 311.111 is
  738  authorized to detain such person in a reasonable manner for a
  739  reasonable period of time pending the arrival of a law
  740  enforcement officer, and such action does shall not render the
  741  security officer criminally or civilly liable for false arrest,
  742  false imprisonment, or unlawful detention.
  743         Section 7. Section 311.13, Florida Statutes, is amended to
  744  read:
  745         311.13 Certain information exempt from disclosure.—Seaport
  746  security plans of a seaport authority created pursuant to s.
  747  311.12 by act of the Legislature or of a seaport department of a
  748  county or municipality that operates an international seaport
  749  are exempt from s. 119.07(1) and s. 24(a), Art. I of the State
  750  Constitution. In addition, photographs, maps, blueprints,
  751  drawings, and similar materials that depict critical seaport
  752  operating facilities are exempt from s. 119.07(1) and s. 24(a),
  753  Art. I of the State Constitution, to the extent that a seaport
  754  authority created by act of the Legislature or a seaport
  755  department of a county or municipality that operates a seaport
  756  reasonably determines that such items contain information that
  757  is not generally known and that could jeopardize the security of
  758  the seaport; however, information relating to real estate
  759  leases, layout plans, blueprints, or information relevant
  760  thereto, is not to be included in this exemption. The exemptions
  761  in this section are applicable only to records held by a seaport
  762  authority created by act of the Legislature or to records of a
  763  county or municipal seaport department that operates a seaport.
  764         Section 8. Paragraph (a) of subsection (4) of section
  765  943.0585, Florida Statutes, is amended to read:
  766         943.0585 Court-ordered expunction of criminal history
  767  records.—The courts of this state have jurisdiction over their
  768  own procedures, including the maintenance, expunction, and
  769  correction of judicial records containing criminal history
  770  information to the extent such procedures are not inconsistent
  771  with the conditions, responsibilities, and duties established by
  772  this section. Any court of competent jurisdiction may order a
  773  criminal justice agency to expunge the criminal history record
  774  of a minor or an adult who complies with the requirements of
  775  this section. The court shall not order a criminal justice
  776  agency to expunge a criminal history record until the person
  777  seeking to expunge a criminal history record has applied for and
  778  received a certificate of eligibility for expunction pursuant to
  779  subsection (2). A criminal history record that relates to a
  780  violation of s. 393.135, s. 394.4593, s. 787.025, chapter 794,
  781  s. 796.03, s. 800.04, s. 810.14, s. 817.034, s. 825.1025, s.
  782  827.071, chapter 839, s. 847.0133, s. 847.0135, s. 847.0145, s.
  783  893.135, s. 916.1075, a violation enumerated in s. 907.041, or
  784  any violation specified as a predicate offense for registration
  785  as a sexual predator pursuant to s. 775.21, without regard to
  786  whether that offense alone is sufficient to require such
  787  registration, or for registration as a sexual offender pursuant
  788  to s. 943.0435, may not be expunged, without regard to whether
  789  adjudication was withheld, if the defendant was found guilty of
  790  or pled guilty or nolo contendere to the offense, or if the
  791  defendant, as a minor, was found to have committed, or pled
  792  guilty or nolo contendere to committing, the offense as a
  793  delinquent act. The court may only order expunction of a
  794  criminal history record pertaining to one arrest or one incident
  795  of alleged criminal activity, except as provided in this
  796  section. The court may, at its sole discretion, order the
  797  expunction of a criminal history record pertaining to more than
  798  one arrest if the additional arrests directly relate to the
  799  original arrest. If the court intends to order the expunction of
  800  records pertaining to such additional arrests, such intent must
  801  be specified in the order. A criminal justice agency may not
  802  expunge any record pertaining to such additional arrests if the
  803  order to expunge does not articulate the intention of the court
  804  to expunge a record pertaining to more than one arrest. This
  805  section does not prevent the court from ordering the expunction
  806  of only a portion of a criminal history record pertaining to one
  807  arrest or one incident of alleged criminal activity.
  808  Notwithstanding any law to the contrary, a criminal justice
  809  agency may comply with laws, court orders, and official requests
  810  of other jurisdictions relating to expunction, correction, or
  811  confidential handling of criminal history records or information
  812  derived therefrom. This section does not confer any right to the
  813  expunction of any criminal history record, and any request for
  814  expunction of a criminal history record may be denied at the
  815  sole discretion of the court.
  816         (4) EFFECT OF CRIMINAL HISTORY RECORD EXPUNCTION.—Any
  817  criminal history record of a minor or an adult which is ordered
  818  expunged by a court of competent jurisdiction pursuant to this
  819  section must be physically destroyed or obliterated by any
  820  criminal justice agency having custody of such record; except
  821  that any criminal history record in the custody of the
  822  department must be retained in all cases. A criminal history
  823  record ordered expunged that is retained by the department is
  824  confidential and exempt from the provisions of s. 119.07(1) and
  825  s. 24(a), Art. I of the State Constitution and not available to
  826  any person or entity except upon order of a court of competent
  827  jurisdiction. A criminal justice agency may retain a notation
  828  indicating compliance with an order to expunge.
  829         (a) The person who is the subject of a criminal history
  830  record that is expunged under this section or under other
  831  provisions of law, including former s. 893.14, former s. 901.33,
  832  and former s. 943.058, may lawfully deny or fail to acknowledge
  833  the arrests covered by the expunged record, except when the
  834  subject of the record:
  835         1. Is a candidate for employment with a criminal justice
  836  agency;
  837         2. Is a defendant in a criminal prosecution;
  838         3. Concurrently or subsequently petitions for relief under
  839  this section or s. 943.059;
  840         4. Is a candidate for admission to The Florida Bar;
  841         5. Is seeking to be employed or licensed by or to contract
  842  with the Department of Children and Family Services, the Agency
  843  for Health Care Administration, the Agency for Persons with
  844  Disabilities, or the Department of Juvenile Justice or to be
  845  employed or used by such contractor or licensee in a sensitive
  846  position having direct contact with children, the
  847  developmentally disabled, the aged, or the elderly as provided
  848  in s. 110.1127(3), s. 393.063, s. 394.4572(1), s. 397.451, s.
  849  402.302(3), s. 402.313(3), s. 409.175(2)(i), s. 415.102(4),
  850  chapter 916, s. 985.644, chapter 400, or chapter 429;
  851         6. Is seeking to be employed or licensed by the Department
  852  of Education, any district school board, any university
  853  laboratory school, any charter school, any private or parochial
  854  school, or any local governmental entity that licenses child
  855  care facilities; or
  856         7. Is seeking authorization from a Florida seaport listed
  857  identified in s. 311.09 for employment within or access to one
  858  or more of such seaports pursuant to s. 311.12 or s. 311.125.
  859         Section 9. Paragraph (a) of subsection (4) of section
  860  943.059, Florida Statutes, is amended to read:
  861         943.059 Court-ordered sealing of criminal history records.
  862  The courts of this state shall continue to have jurisdiction
  863  over their own procedures, including the maintenance, sealing,
  864  and correction of judicial records containing criminal history
  865  information to the extent such procedures are not inconsistent
  866  with the conditions, responsibilities, and duties established by
  867  this section. Any court of competent jurisdiction may order a
  868  criminal justice agency to seal the criminal history record of a
  869  minor or an adult who complies with the requirements of this
  870  section. The court shall not order a criminal justice agency to
  871  seal a criminal history record until the person seeking to seal
  872  a criminal history record has applied for and received a
  873  certificate of eligibility for sealing pursuant to subsection
  874  (2). A criminal history record that relates to a violation of s.
  875  393.135, s. 394.4593, s. 787.025, chapter 794, s. 796.03, s.
  876  800.04, s. 810.14, s. 817.034, s. 825.1025, s. 827.071, chapter
  877  839, s. 847.0133, s. 847.0135, s. 847.0145, s. 893.135, s.
  878  916.1075, a violation enumerated in s. 907.041, or any violation
  879  specified as a predicate offense for registration as a sexual
  880  predator pursuant to s. 775.21, without regard to whether that
  881  offense alone is sufficient to require such registration, or for
  882  registration as a sexual offender pursuant to s. 943.0435, may
  883  not be sealed, without regard to whether adjudication was
  884  withheld, if the defendant was found guilty of or pled guilty or
  885  nolo contendere to the offense, or if the defendant, as a minor,
  886  was found to have committed or pled guilty or nolo contendere to
  887  committing the offense as a delinquent act. The court may only
  888  order sealing of a criminal history record pertaining to one
  889  arrest or one incident of alleged criminal activity, except as
  890  provided in this section. The court may, at its sole discretion,
  891  order the sealing of a criminal history record pertaining to
  892  more than one arrest if the additional arrests directly relate
  893  to the original arrest. If the court intends to order the
  894  sealing of records pertaining to such additional arrests, such
  895  intent must be specified in the order. A criminal justice agency
  896  may not seal any record pertaining to such additional arrests if
  897  the order to seal does not articulate the intention of the court
  898  to seal records pertaining to more than one arrest. This section
  899  does not prevent the court from ordering the sealing of only a
  900  portion of a criminal history record pertaining to one arrest or
  901  one incident of alleged criminal activity. Notwithstanding any
  902  law to the contrary, a criminal justice agency may comply with
  903  laws, court orders, and official requests of other jurisdictions
  904  relating to sealing, correction, or confidential handling of
  905  criminal history records or information derived therefrom. This
  906  section does not confer any right to the sealing of any criminal
  907  history record, and any request for sealing a criminal history
  908  record may be denied at the sole discretion of the court.
  909         (4) EFFECT OF CRIMINAL HISTORY RECORD SEALING.—A criminal
  910  history record of a minor or an adult which is ordered sealed by
  911  a court of competent jurisdiction pursuant to this section is
  912  confidential and exempt from the provisions of s. 119.07(1) and
  913  s. 24(a), Art. I of the State Constitution and is available only
  914  to the person who is the subject of the record, to the subject’s
  915  attorney, to criminal justice agencies for their respective
  916  criminal justice purposes, which include conducting a criminal
  917  history background check for approval of firearms purchases or
  918  transfers as authorized by state or federal law, to judges in
  919  the state courts system for the purpose of assisting them in
  920  their case-related decisionmaking responsibilities, as set forth
  921  in s. 943.053(5), or to those entities set forth in
  922  subparagraphs (a)1., 4., 5., 6., and 8. for their respective
  923  licensing, access authorization, and employment purposes.
  924         (a) The subject of a criminal history record sealed under
  925  this section or under other provisions of law, including former
  926  s. 893.14, former s. 901.33, and former s. 943.058, may lawfully
  927  deny or fail to acknowledge the arrests covered by the sealed
  928  record, except when the subject of the record:
  929         1. Is a candidate for employment with a criminal justice
  930  agency;
  931         2. Is a defendant in a criminal prosecution;
  932         3. Concurrently or subsequently petitions for relief under
  933  this section or s. 943.0585;
  934         4. Is a candidate for admission to The Florida Bar;
  935         5. Is seeking to be employed or licensed by or to contract
  936  with the Department of Children and Family Services, the Agency
  937  for Health Care Administration, the Agency for Persons with
  938  Disabilities, or the Department of Juvenile Justice or to be
  939  employed or used by such contractor or licensee in a sensitive
  940  position having direct contact with children, the
  941  developmentally disabled, the aged, or the elderly as provided
  942  in s. 110.1127(3), s. 393.063, s. 394.4572(1), s. 397.451, s.
  943  402.302(3), s. 402.313(3), s. 409.175(2)(i), s. 415.102(4), s.
  944  415.103, chapter 916, s. 985.644, chapter 400, or chapter 429;
  945         6. Is seeking to be employed or licensed by the Department
  946  of Education, any district school board, any university
  947  laboratory school, any charter school, any private or parochial
  948  school, or any local governmental entity that licenses child
  949  care facilities;
  950         7. Is attempting to purchase a firearm from a licensed
  951  importer, licensed manufacturer, or licensed dealer and is
  952  subject to a criminal history background check under state or
  953  federal law; or
  954         8. Is seeking authorization from a Florida seaport
  955  identified in s. 311.09 for employment within or access to one
  956  or more of such seaports pursuant to s. 311.12 or s. 311.125.
  957         Section 10. The Office of Drug Control shall commission an
  958  update of the Florida Seaport Security Assessment 2000
  959  referenced in s. 311.12(1)(a), Florida Statutes. The office
  960  shall consult with the Seaport Security Standards Advisory
  961  Council in forming the parameters of the update. The updated
  962  assessment shall be presented to the Legislature for review by
  963  January 1, 2010. Pursuant to s. 311.13, Florida Statutes, any
  964  records included in the assessment which are exempt from s.
  965  119.07(1), Florida Statutes, are exempt from disclosure.
  966         Section 11. Paragraph (b) of subsection (10) of s. 311.12,
  967  Florida Statutes, as amended by this act, shall take effect only
  968  if SB 2162, or similar legislation is enacted in the same
  969  legislative session, or an extension thereof, and becomes law.
  970         Section 12. Except as otherwise expressly provided in this
  971  act, this act shall take effect July 1, 2009.