Florida Senate - 2009                                    SB 2684
       
       
       
       By the Committee on Military Affairs and Domestic Security
       
       
       
       
       583-02120A-09                                         20092684__
    1                        A bill to be entitled                      
    2         An act relating to seaport security; amending s.
    3         311.12, F.S.; revising provisions relating to seaport
    4         security; authorizing the Department of Law
    5         Enforcement to exempt all or part of a port from
    6         certain security requirements; providing criteria for
    7         determining eligibility to enter restricted access
    8         areas; establishing a statewide access eligibility
    9         reporting system within the department; deleting the
   10         requirement that seaports promptly notify the
   11         department of any changes in access levels; specifying
   12         that costs for the department's access reporting
   13         system may be charged and paid by the seaport, other
   14         employing entity, or person screened; providing
   15         additional criminal offenses that disqualify a person
   16         from employment by or access to a seaport; deleting
   17         the requirement that the department notify the port
   18         authority that denied employment of the final
   19         disposition of a waiver request from background
   20         screening requirements; allowing, rather than
   21         requiring, certain applications for a waiver from
   22         security requirements to be submitted to the Domestic
   23         Security Council for review; requiring a copy of the
   24         department's legislative report to be provided to each
   25         seaport governing body or authority; adding the
   26         department to those entities responsible for
   27         allocating funds for security projects; repealing s.
   28         311.111, F.S., relating to unrestricted and restricted
   29         public access areas and secured restricted access
   30         areas; repealing s. 311.125, F.S., relating to the
   31         Uniform Port Access Credential System and the Uniform
   32         Port Access Credential Card; amending ss. 311.123,
   33         311.124, 311.13, 943.0585, and 943.059, F.S.;
   34         conforming terms and cross-references; providing an
   35         effective date.
   36  
   37  Be It Enacted by the Legislature of the State of Florida:
   38  
   39         Section 1. Section 311.12, Florida Statutes, is amended to
   40  read:
   41         (Substantial rewording of section. See
   42         s. 311.12, F.S., for present text.)
   43         311.12Seaport security.—
   44         (1)SECURITY STANDARDS.—
   45         (a)The statewide minimum standards for seaport security
   46  applicable to seaports listed in s. 311.09 shall be those based
   47  on the Florida Seaport Security Assessment 2000 and set forth in
   48  the Port Security Standards Compliance Plan delivered to the
   49  Speaker of the House of Representatives and the President of the
   50  Senate on December 11, 2000. The Office of Drug Control within
   51  the Executive Office of the Governor shall maintain a sufficient
   52  number of copies of the standards for public use at its offices,
   53  and shall provide copies to each affected seaport upon request.
   54         (b)A seaport may implement security measures that are more
   55  stringent, more extensive, or supplemental to the minimum
   56  security standards established by this subsection, except that
   57  for purposes of qualifying for employment and access to
   58  restricted access areas, a seaport must meet but may not exceed
   59  the disqualifying offenses provided in paragraph (6)(d).
   60         (2)EXEMPTION.—The Department of Law Enforcement may exempt
   61  all or part of a seaport listed in s. 311.09 from the
   62  requirements of this section if the department determines that
   63  activity associated with the use of the seaport or part of the
   64  seaport is not vulnerable to criminal activity or terrorism. The
   65  department shall periodically review such exemptions to
   66  determine if there is a change in use. Such change may warrant
   67  removal of all or part of the exemption.
   68         (3)SECURITY PLAN.—Each seaport listed in s. 311.09 shall
   69  adopt and maintain a security plan specific to that seaport
   70  which provides for a secure seaport infrastructure that promotes
   71  the safety and security of state residents and visitors and the
   72  flow of legitimate trade and travel.
   73         (a)Beginning January 1, 2007, and every 5 years
   74  thereafter, each seaport director, with the assistance of the
   75  Regional Domestic Security Task Force and in conjunction with
   76  the United States Coast Guard, shall revise the seaport's
   77  security plan based on the director's ongoing assessment of
   78  security risks, the risks of terrorist activities, and the
   79  specific and identifiable needs of the seaport for ensuring that
   80  the seaport is in substantial compliance with the minimum
   81  security standards established under subsection (1).
   82         (b)Each adopted or revised security plan must be reviewed
   83  and approved by the Office of Drug Control and the Department of
   84  Law Enforcement for compliance with federal facility security
   85  assessment requirements under 33 C.F.R. s. 105.305 and the
   86  minimum security standards established under subsection (1).
   87  Within 30 days after completion, a copy of the written review
   88  shall be delivered to the United States Coast Guard, the
   89  Regional Domestic Security Task Force, and the Domestic Security
   90  Oversight Council.
   91         (4)RESTRICTED ACCESS AREAS.—Each seaport listed in s.
   92  311.09 must clearly designate in seaport security plans, and
   93  clearly identify with appropriate signs and markers on the
   94  premises of a seaport, all restricted access areas, access
   95  eligibility requirements, and corresponding security enforcement
   96  authorizations, which may include, but not be limited to, clear
   97  notice of the prohibition against possession of concealed
   98  weapons and other contraband material on the premises of the
   99  seaport, as provided in paragraph (e).
  100         (a)The seaport's security plan must set forth the
  101  conditions and restrictions to be imposed on persons employed
  102  at, doing business at, or visiting the seaport relating to
  103  restricted access areas that are sufficient to provide
  104  substantial compliance with the minimum security standards
  105  established in subsection (1).
  106         (b)Seaport employees and other persons working at the
  107  seaport who have regular access to such areas, visitors who have
  108  business with the seaport, and cruise ship passengers holding
  109  valid boarding documents have express permission to enter a
  110  restricted access area.
  111         1.Seaport employees or other persons working at the
  112  seaport are considered to have “regular access” if they enter a
  113  restricted area more than five times in a 90-day period.
  114         2.A person who enters a restricted access area five times
  115  or less in a 90-day period is considered a “visitor. Upon
  116  arrival at a restricted access area, a visitor must, at a
  117  minimum, stop at a check point, show valid identification, and
  118  receive a visitor's pass before proceeding. The visitor's pass
  119  must be plainly displayed on the person of the visitor or in the
  120  windshield of the vehicle, and designate which area of the
  121  seaport may be accessed by the visitor. Failure to display the
  122  visitor's pass shall result in revocation of permission to work
  123  at the seaport. Public conveyances, such as buses carrying
  124  passengers into restricted access areas, must be able to verify
  125  that all passengers have legitimate business at the seaport.
  126  Procedures for implementation of this requirement are the
  127  responsibility of each seaport.
  128         3.Cruise ship passengers are those persons scheduled for
  129  immediate departure who have permission to board a ship that is
  130  in port. Upon arrival at a restricted access area, cruise ship
  131  passengers must, at a minimum, stop at a check point and show
  132  valid identification and boarding documents.
  133         4.Any person found in these areas without the proper
  134  permission is subject to the trespass provisions of ss. 810.08
  135  and 810.09.
  136         5.All persons and objects in these areas are subject to
  137  search by a sworn state-certified law enforcement officer, a
  138  Class D seaport security officer certified under Maritime
  139  Transportation Security Act guidelines and s. 311.121, or an
  140  employee of the seaport security force certified under the
  141  Maritime Transportation Security Act guidelines and s. 311.121.
  142         (c)During a period of high terrorist threat level, as
  143  designated by the United States Department of Homeland Security
  144  or the Department of Law Enforcement, or during an emergency
  145  declared at a port by the seaport security director due to
  146  events applicable to that particular seaport, the management or
  147  controlling authority of the port may temporarily designate any
  148  part of the seaport property as a restricted access area. The
  149  duration of such designation is limited to the period in which
  150  the high terrorist threat level is in effect or a port emergency
  151  exists.
  152         (d)As determined by the seaport director's most current
  153  risk assessment report under paragraph (3)(a), any restricted
  154  access area that has a potential human occupancy of 50 persons
  155  or more, any cruise terminal, or any business operation that is
  156  adjacent to a public access area must be protected from the most
  157  probable and credible terrorist threat to human life.
  158         (e)Any person in a restricted access area who has in his
  159  or her possession a concealed weapon, or who operates or has
  160  possession or control of a vehicle in or upon which a concealed
  161  weapon is placed or stored, commits a misdemeanor of the first
  162  degree, punishable as provided in s. 775.082 or s. 775.083. This
  163  paragraph does not apply to active-duty certified federal or
  164  state law enforcement personnel or persons so designated by the
  165  seaport director in writing.
  166         (5)ACCESS ELIGIBILITY REPORTING SYSTEM.—
  167         (a)The Department of Law Enforcement shall administer a
  168  statewide seaport access eligibility reporting system. The
  169  system must, at a minimum, consist of:
  170         1.A centralized, secure database for collecting and
  171  maintaining fingerprints and other biometric means of identity,
  172  and any other identifying information of persons employed by or
  173  doing business at a state seaport;
  174         2.A methodology for receiving data from each seaport and
  175  transmitting data to each seaport regarding access eligibility;
  176  and
  177         3.The ability to identify persons who have violated the
  178  requirements of this subsection and to deactivate the access
  179  eligibility of such persons.
  180         (b)Each seaport listed in s. 311.09 is responsible for
  181  granting, modifying, restricting, or denying access to
  182  restricted access areas to seaport employees, other persons
  183  working at the seaport, visitors who have business with the
  184  seaport, or other persons regularly appearing at the seaport.
  185  Each seaport is responsible for access eligibility verification
  186  at its location.
  187         (c)Each person working at a seaport is eligible to enter a
  188  seaport participating in the access eligibility reporting system
  189  based on the level of permission allowed by each respective
  190  seaport.
  191         (d)A criminal history check must be performed on employee
  192  applicants, current employees, and other persons working within
  193  or authorized to regularly enter a restricted access area in
  194  accordance with subsection (6). Based upon the criminal history
  195  check, each seaport may determine the specific access
  196  eligibility that shall be granted to that person.
  197         (e)Persons, corporations, or other business entities that
  198  employ persons to work or do business at seaports shall notify
  199  the seaport of the termination, resignation, work-related
  200  incapacitation, or death of an employee who has access
  201  permission.
  202         1.If the seaport determines that the person has been
  203  employed by another appropriate entity or is self-employed for
  204  purposes of performing work at the seaport, the seaport may
  205  reinstate the person's access eligibility.
  206         2.A business entity's failure to report a change in an
  207  employee's work status within 7 days after that change may
  208  result in revocation of the business entity's access to the
  209  seaport.
  210         (6)CRIMINAL HISTORY SCREENING.—
  211         (a)In addition to other requirements for employment or
  212  access established by each seaport in its seaport security plan,
  213  the plan must identify the criminal offenses listed in paragraph
  214  (d) which disqualify a person from seaport employment or regular
  215  access to restricted access areas of the seaport. A fingerprint
  216  based criminal history check shall be performed on employee
  217  applicants, current employees, and other persons working within
  218  or authorized to regularly enter a restricted access area, or
  219  the entire seaport if the seaport security plan does not
  220  designate one or more restricted access areas.
  221         1.Such checks must be performed at least once every 5
  222  years, or at more frequent intervals as provided by the seaport
  223  security plan.
  224         2.Each individual who is subject to a criminal history
  225  check shall file a complete set of fingerprints taken in a
  226  manner required by the Department of Law Enforcement and the
  227  seaport security plan. Fingerprints shall be submitted to the
  228  Department of Law Enforcement for state processing and forwarded
  229  to the Federal Bureau of Investigation for federal processing.
  230  The results of each fingerprint-based check must be reported to
  231  the requesting seaport and may be shared among seaports.
  232         (b)A Florida Crime Information Center name-based criminal
  233  history clearance must be performed at least once a year, and
  234  may be performed on a random basis more frequently, to ensure
  235  that persons screened under paragraph (a) continue to meet the
  236  screening requirements for restricted access areas. Failure to
  237  comply with the criminal history clearances is grounds for
  238  immediate denial of access. In addition to access permissions
  239  granted or denied by seaports, access eligibility may be
  240  restricted or revoked by the Department of Law Enforcement if
  241  the person is suspected of terrorism or criminal violations that
  242  could affect the security of a port or otherwise render the
  243  person ineligible for seaport access.
  244         (c)The cost of the criminal history checks, including the
  245  cost of the initial state and federal fingerprint-based check,
  246  the annual name-based criminal history clearance, and the use of
  247  the Department of Law Enforcement's statewide access eligibility
  248  reporting system shall be paid by the seaport, another employing
  249  entity, or the person screened to the department or to the
  250  seaport, if it is acting as an agent of the department for
  251  purposes of collecting the remittance. A seaport may charge an
  252  additional administrative fee to cover the costs of
  253  participating in the access eligibility reporting system under
  254  subsection (5).
  255         (d)Any person who has been convicted of, or entered a plea
  256  of guilty or nolo contendere to, regardless of adjudication, any
  257  of the following offenses is disqualified from employment or
  258  unescorted access unless, after release from incarceration or
  259  any supervision imposed as a result of sentencing, the person
  260  has remained free from a subsequent conviction, regardless of
  261  adjudication, of the following listed offenses for at least 7
  262  years before the employment or access date under consideration:
  263         1.An act of terrorism as defined in s. 775.30.
  264         2.A violation involving a weapon of mass destruction or
  265  hoax weapon of mass destruction as provided in s. 790.166.
  266         3.Planting of a hoax bomb as provided in s. 790.165.
  267         4.A violation of s. 876.02 or 876.36.
  268         5.A violation of s. 860.065.
  269         6.Trafficking as provided in s. 893.135.
  270         7.Racketeering activity as provided in s. 895.03.
  271         8.Dealing in stolen property as provided in s. 812.019.
  272         9.Money laundering as provided in s. 896.101.
  273         10.Criminal use of personal identification as provided in
  274  s. 817.568.
  275         11.Bribery as provided in s. 838.015.
  276         12.A violation of s. 316.302 relating to the transport of
  277  hazardous materials.
  278         13.A forcible felony as defined in s. 776.08.
  279         14.A violation of s. 790.07.
  280         15.Any crime which includes the use or possession of a
  281  weapon or firearm.
  282         16.A felony violation for theft as provided in s. 812.014.
  283         17.Robbery as provided in s. 812.13.
  284         18.Burglary as provided in s. 810.02.
  285         19.Any violation involving the sale, manufacture,
  286  delivery, or possession with intent to sell, manufacture, or
  287  deliver a controlled substance.
  288         20.Any offense under the laws of another jurisdiction that
  289  is similar to an offense in this list.
  290         21.Conspiracy or attempt to commit any of the listed
  291  offenses.
  292         (e)The Department of Law Enforcement shall establish a
  293  waiver process for an individual who is found to be unqualified
  294  under paragraph (d) and denied employment by a seaport or
  295  unescorted access to restricted access areas.
  296         1.Consideration for a waiver shall be based on the
  297  circumstances of any disqualifying act or offense, restitution
  298  made by the individual, and other factors from which it may be
  299  determined that the individual does not pose a risk of engaging
  300  in any act within the public seaports regulated under this
  301  chapter which poses a risk to or threatens the security of the
  302  seaport and the public's health, safety, or welfare.
  303         2.The waiver process begins when an individual who has
  304  been denied initial employment within or unescorted access to
  305  restricted areas of a public seaport submits an application for
  306  a waiver and a notarized letter or affidavit from the
  307  individual's employer or union representative which states the
  308  mitigating reasons for initiating the waiver process.
  309         3.Within 90 days after receipt of the application, the
  310  administrative staff of the Parole Commission shall conduct a
  311  factual review of the waiver application. Findings of fact shall
  312  be transmitted to the department for review. The department
  313  shall make a copy of those findings available to the applicant
  314  before final disposition of the waiver request.
  315         4.The department shall make a final disposition of the
  316  waiver request based on the factual findings of the
  317  investigation by the Parole Commission. The department shall
  318  notify the waiver applicant of the final disposition of the
  319  waiver.
  320         5.The review process under this paragraph is exempt from
  321  chapter 120.
  322         6.By October 1 of each year, each seaport shall report to
  323  the department each instance of denial of employment within, or
  324  access to, restricted areas, and each instance waiving an appeal
  325  of a denial occurring during the last 12 months. The report must
  326  include the identity of the individual affected, the factors
  327  supporting the denial or waiver, and any other material factors
  328  used to make the determination.
  329         (f)In addition to the waiver procedure established by the
  330  Department of Law Enforcement under paragraph (e), each seaport
  331  security plan may establish a procedure to appeal a denial of
  332  employment or access based upon procedural inaccuracies or
  333  discrepancies regarding criminal history factors established
  334  pursuant to this subsection.
  335         (g)Each seaport may allow immediate waivers on a temporary
  336  basis to meet special or emergency needs of the seaport or its
  337  users. Policies, procedures, and criteria for implementation of
  338  this provision must be included in the seaport security plan.
  339  All waivers granted by the seaports pursuant to this paragraph
  340  must be reported to the department within 30 days after
  341  issuance.
  342         (7)WAIVER FROM SECURITY REQUIREMENTS.—The Office of Drug
  343  Control and the Department of Law Enforcement may modify or
  344  waive any physical facility requirement or other requirement
  345  contained in the minimum security standards upon a determination
  346  that the purposes of the standards have been reasonably met or
  347  exceeded by the seaport requesting the modification or waiver.
  348  An alternate means of compliance must not diminish the safety or
  349  security of the seaport and must be verified through an
  350  extensive risk analysis conducted by the seaport director.
  351         (a)Waiver requests shall be submitted in writing, along
  352  with supporting documentation, to the Office of Drug Control and
  353  the Department of Law Enforcement. The office and the department
  354  have 90 days to jointly grant or reject the waiver, in whole or
  355  in part.
  356         (b)The seaport may submit any waivers that are not granted
  357  or are jointly rejected to the Domestic Security Oversight
  358  Council for review within 90 days. The council shall recommend
  359  that the Office of Drug Control and the Department of Law
  360  Enforcement grant the waiver or reject the waiver, in whole or
  361  in part. The office and the department shall give great weight
  362  to the council's recommendations.
  363         (c)A request seeking a waiver from the seaport law
  364  enforcement personnel standards established under s. 311.122(3)
  365  may not be granted for percentages below 10 percent.
  366         (d)Any modifications or waivers granted under this
  367  subsection shall be noted in the annual report submitted by the
  368  Department of Law Enforcement pursuant to subsection (9).
  369         (8)INSPECTIONS.—It is the intent of the Legislature that
  370  the state's seaports adhere to security practices that are
  371  consistent with the risks assigned to each seaport through the
  372  ongoing risk assessment process established in paragraph (3)(a).
  373         (a)The Department of Law Enforcement, or any entity
  374  designated by the department, shall conduct at least one annual
  375  unannounced inspection of each seaport to determine whether the
  376  seaport is meeting the minimum security standards established
  377  pursuant to subsection (1), and to identify seaport security
  378  changes or improvements needed or otherwise recommended.
  379         (b)The Department of Law Enforcement, or any entity
  380  designated by the department, may conduct additional announced
  381  or unannounced inspections or operations within or affecting any
  382  seaport to test compliance with, or the effectiveness of,
  383  security plans and operations at each seaport, to determine
  384  compliance with physical facility requirements and standards, or
  385  to assist the department in identifying changes or improvements
  386  needed to bring a seaport into compliance with minimum security
  387  standards.
  388         (c)Within 30 days after completing the inspection report,
  389  the department shall submit a copy of the report to the Domestic
  390  Security Oversight Council.
  391         (d)A seaport may request that the Domestic Security
  392  Oversight Council review the findings in the department's report
  393  as they relate to the requirements of this section. The council
  394  may review only those findings that are in dispute by the
  395  seaport. In reviewing the disputed findings, the council may
  396  concur in the findings of the department or the seaport, or may
  397  recommend corrective action to the seaport. The department and
  398  the seaport shall give great weight to the council's findings
  399  and recommendations.
  400         (e)The seaport director shall immediately implement any
  401  security changes or improvements needed or recommended in the
  402  report or, if the director requested a review by the Domestic
  403  Security Oversight Council pursuant to paragraph (d),
  404  immediately following the conclusion of that review.
  405         (f)All seaports shall allow the Department of Law
  406  Enforcement, or entity designated by the department, unimpeded
  407  access to affected areas and facilities for the purpose of plan
  408  or compliance inspections or other operations authorized by this
  409  section.
  410         (9)LEGISLATIVE REPORT.—The Department of Law Enforcement,
  411  in consultation with the Office of Drug Control, shall annually
  412  complete a report indicating the observations and findings of
  413  all reviews, inspections, or other operations relating to the
  414  seaports conducted during the year and any recommendations
  415  resulting from such reviews, inspections, and operations. A copy
  416  of the report shall be provided to the Governor, the President
  417  of the Senate, the Speaker of the House of Representatives, the
  418  governing body of each seaport or seaport authority, and each
  419  seaport director. The report must include each director's
  420  responses indicating what actions, if any, have been taken or
  421  are planned to be taken pursuant to the observations, findings,
  422  and recommendations reported by the department.
  423         (10)FUNDING.—
  424         (a)In making security project or other funding decisions
  425  applicable to each seaport listed in s. 311.09, the Legislature
  426  may consider the Department of Law Enforcement's annual report
  427  under subsection (9) as authoritative, especially regarding each
  428  seaport's degree of substantial compliance with the minimum
  429  security standards established in subsection (1).
  430         (b)The Legislature shall regularly review the ongoing
  431  costs of operational security on seaports, the impacts of this
  432  section on those costs, mitigating factors that may reduce costs
  433  without reducing security, and the methods by which seaports may
  434  implement operational security using a combination of sworn law
  435  enforcement officers and private security services.
  436         (c)Subject to the provisions of this chapter and
  437  appropriations made for seaport security, state funds may not be
  438  expended for security costs without certification of need for
  439  such expenditures by the Office of Ports Administrator within
  440  the Department of Law Enforcement.
  441         (d)If funds are appropriated for seaport security, the
  442  Office of Drug Control, the Department of Law Enforcement, and
  443  the Florida Seaport Transportation and Economic Development
  444  Council shall mutually determine the allocation of such funds
  445  for security project needs identified in the approved seaport
  446  security plans. Any seaport that receives state funds for
  447  security projects must enter into a joint participation
  448  agreement with the appropriate state entity and use the seaport
  449  security plan as the basis for the agreement.
  450         1.If funds are made available over more than 1 fiscal
  451  year, the agreement must reflect the entire scope of the project
  452  approved in the security plan and, as practicable, allow for
  453  reimbursement for authorized projects over more than 1 year.
  454         2.The agreement may include specific timeframes for
  455  completion of a security project and the applicable funding
  456  reimbursement dates. The agreement may also require a
  457  contractual penalty of up to $1,000 per day to be imposed for
  458  failure to meet project completion dates if state funding is
  459  available. Any such penalty shall be deposited into the State
  460  Transportation Trust Fund and used for seaport security
  461  operations and capital improvements.
  462         (11)SEAPORT SECURITY STANDARDS ADVISORY COUNCIL.—The
  463  Seaport Security Standards Advisory Council is created under the
  464  Office of Drug Control. The council shall serve as an advisory
  465  council as provided in s. 20.03(7).
  466         (a)The members of the council shall be appointed by the
  467  Governor and consist of the following:
  468         1.Two seaport directors.
  469         2.Two seaport security directors.
  470         3.One designee from the Department of Law Enforcement.
  471         4.One designee from the Office of Motor Carrier Compliance
  472  of the Department of Transportation.
  473         5.One designee from the Attorney General's Office.
  474         6.One designee from the Department of Agriculture and
  475  Consumer Services.
  476         7.One designee from the Office of Tourism, Trade, and
  477  Economic Development.
  478         8.One designee from the Office of Drug Control.
  479         (b)In addition to the members designated in paragraph (a),
  480  the council may invite a representative of the United States
  481  Coast Guard to attend and participate in council meetings as an
  482  ex officio, nonvoting member of the council.
  483         (c)Members of the council shall be appointed to 4-year
  484  terms. A vacancy shall be filled by the original appointing
  485  authority for the balance of the unexpired term.
  486         (d)The council shall be chaired by a designee from the
  487  Office of Drug Control.
  488         (e)Commencing on January 15, 2007, and at least every 4
  489  years thereafter, the Office of Drug Control shall convene the
  490  council to review the minimum security standards for
  491  applicability to and effectiveness in combating current
  492  narcotics and terrorism threats to the state's seaports. All
  493  sources of information allowed by law shall be used in assessing
  494  the applicability and effectiveness of the standards.
  495         (f)Council members shall serve without pay; however, per
  496  diem and travel allowances may be claimed for attendance at
  497  officially called meetings as provided by s. 112.061.
  498         (g)The council shall consult with the appropriate area
  499  maritime security committees to assess possible impacts to
  500  commerce and trade contained in the council's nonclassified
  501  recommendations and findings.
  502         (h)The recommendations and findings of the council shall
  503  be transmitted to the Governor, the President of the Senate, and
  504  the Speaker of the House of Representatives.
  505         Section 2. Sections 311.111 and 311.125, Florida Statutes,
  506  are repealed.
  507         Section 3. Section 311.123, Florida Statutes, is amended to
  508  read:
  509         311.123 Maritime domain security awareness training
  510  program.—
  511         (1) The Florida Seaport Transportation and Economic
  512  Development Council, in conjunction with the Department of Law
  513  Enforcement and the Office of Drug Control within the Executive
  514  Office of the Governor, shall create a maritime domain security
  515  awareness training program to instruct all personnel employed
  516  within a seaport's boundaries about the security procedures
  517  required of them for implementation of the seaport security plan
  518  required under s. 311.12(3).
  519         (2) The training program curriculum must include security
  520  training required pursuant to 33 C.F.R. part 105 and must be
  521  designed to enable the seaports in this state to meet the
  522  training, drill, and exercise requirements of 33 C.F.R. part 105
  523  and individual seaport security plans and to otherwise comply
  524  with the requirements of s. 311.12 relating to security
  525  awareness.
  526         Section 4. Subsection (1) of section 311.124, Florida
  527  Statutes, is amended to read:
  528         311.124 Trespassing; detention by a certified seaport
  529  security officer.—
  530         (1) Any Class D or Class G seaport security officer
  531  certified under the Maritime Transportation Security Act
  532  guidelines and s. 311.121 or any employee of the seaport
  533  security force certified under the Maritime Transportation
  534  Security Act guidelines and s. 311.121 who has probable cause to
  535  believe that a person is trespassing pursuant to the provisions
  536  of s. 810.08 or s. 810.09 or this chapter in a designated
  537  restricted access area pursuant to s. 311.12(4) s. 311.111 is
  538  authorized to detain such person in a reasonable manner for a
  539  reasonable period of time pending the arrival of a law
  540  enforcement officer, and such action does shall not render the
  541  security officer criminally or civilly liable for false arrest,
  542  false imprisonment, or unlawful detention.
  543         Section 5. Section 311.13, Florida Statutes, is amended to
  544  read:
  545         311.13 Certain information exempt from disclosure.—Seaport
  546  security plans of a seaport authority created pursuant to s.
  547  311.12 by act of the Legislature or of a seaport department of a
  548  county or municipality that operates an international seaport
  549  are exempt from s. 119.07(1) and s. 24(a), Art. I of the State
  550  Constitution. In addition, photographs, maps, blueprints,
  551  drawings, and similar materials that depict critical seaport
  552  operating facilities are exempt from s. 119.07(1) and s. 24(a),
  553  Art. I of the State Constitution, to the extent that a seaport
  554  authority created by act of the Legislature or a seaport
  555  department of a county or municipality that operates a seaport
  556  reasonably determines that such items contain information that
  557  is not generally known and that could jeopardize the security of
  558  the seaport; however, information relating to real estate
  559  leases, layout plans, blueprints, or information relevant
  560  thereto, is not to be included in this exemption. The exemptions
  561  in this section are applicable only to records held by a seaport
  562  authority created by act of the Legislature or to records of a
  563  county or municipal seaport department that operates a seaport.
  564         Section 6. Paragraph (a) of subsection (4) of section
  565  943.0585, Florida Statutes, is amended to read:
  566         943.0585 Court-ordered expunction of criminal history
  567  records.—The courts of this state have jurisdiction over their
  568  own procedures, including the maintenance, expunction, and
  569  correction of judicial records containing criminal history
  570  information to the extent such procedures are not inconsistent
  571  with the conditions, responsibilities, and duties established by
  572  this section. Any court of competent jurisdiction may order a
  573  criminal justice agency to expunge the criminal history record
  574  of a minor or an adult who complies with the requirements of
  575  this section. The court shall not order a criminal justice
  576  agency to expunge a criminal history record until the person
  577  seeking to expunge a criminal history record has applied for and
  578  received a certificate of eligibility for expunction pursuant to
  579  subsection (2). A criminal history record that relates to a
  580  violation of s. 393.135, s. 394.4593, s. 787.025, chapter 794,
  581  s. 796.03, s. 800.04, s. 810.14, s. 817.034, s. 825.1025, s.
  582  827.071, chapter 839, s. 847.0133, s. 847.0135, s. 847.0145, s.
  583  893.135, s. 916.1075, a violation enumerated in s. 907.041, or
  584  any violation specified as a predicate offense for registration
  585  as a sexual predator pursuant to s. 775.21, without regard to
  586  whether that offense alone is sufficient to require such
  587  registration, or for registration as a sexual offender pursuant
  588  to s. 943.0435, may not be expunged, without regard to whether
  589  adjudication was withheld, if the defendant was found guilty of
  590  or pled guilty or nolo contendere to the offense, or if the
  591  defendant, as a minor, was found to have committed, or pled
  592  guilty or nolo contendere to committing, the offense as a
  593  delinquent act. The court may only order expunction of a
  594  criminal history record pertaining to one arrest or one incident
  595  of alleged criminal activity, except as provided in this
  596  section. The court may, at its sole discretion, order the
  597  expunction of a criminal history record pertaining to more than
  598  one arrest if the additional arrests directly relate to the
  599  original arrest. If the court intends to order the expunction of
  600  records pertaining to such additional arrests, such intent must
  601  be specified in the order. A criminal justice agency may not
  602  expunge any record pertaining to such additional arrests if the
  603  order to expunge does not articulate the intention of the court
  604  to expunge a record pertaining to more than one arrest. This
  605  section does not prevent the court from ordering the expunction
  606  of only a portion of a criminal history record pertaining to one
  607  arrest or one incident of alleged criminal activity.
  608  Notwithstanding any law to the contrary, a criminal justice
  609  agency may comply with laws, court orders, and official requests
  610  of other jurisdictions relating to expunction, correction, or
  611  confidential handling of criminal history records or information
  612  derived therefrom. This section does not confer any right to the
  613  expunction of any criminal history record, and any request for
  614  expunction of a criminal history record may be denied at the
  615  sole discretion of the court.
  616         (4) EFFECT OF CRIMINAL HISTORY RECORD EXPUNCTION.—Any
  617  criminal history record of a minor or an adult which is ordered
  618  expunged by a court of competent jurisdiction pursuant to this
  619  section must be physically destroyed or obliterated by any
  620  criminal justice agency having custody of such record; except
  621  that any criminal history record in the custody of the
  622  department must be retained in all cases. A criminal history
  623  record ordered expunged that is retained by the department is
  624  confidential and exempt from the provisions of s. 119.07(1) and
  625  s. 24(a), Art. I of the State Constitution and not available to
  626  any person or entity except upon order of a court of competent
  627  jurisdiction. A criminal justice agency may retain a notation
  628  indicating compliance with an order to expunge.
  629         (a) The person who is the subject of a criminal history
  630  record that is expunged under this section or under other
  631  provisions of law, including former s. 893.14, former s. 901.33,
  632  and former s. 943.058, may lawfully deny or fail to acknowledge
  633  the arrests covered by the expunged record, except when the
  634  subject of the record:
  635         1. Is a candidate for employment with a criminal justice
  636  agency;
  637         2. Is a defendant in a criminal prosecution;
  638         3. Concurrently or subsequently petitions for relief under
  639  this section or s. 943.059;
  640         4. Is a candidate for admission to The Florida Bar;
  641         5. Is seeking to be employed or licensed by or to contract
  642  with the Department of Children and Family Services, the Agency
  643  for Health Care Administration, the Agency for Persons with
  644  Disabilities, or the Department of Juvenile Justice or to be
  645  employed or used by such contractor or licensee in a sensitive
  646  position having direct contact with children, the
  647  developmentally disabled, the aged, or the elderly as provided
  648  in s. 110.1127(3), s. 393.063, s. 394.4572(1), s. 397.451, s.
  649  402.302(3), s. 402.313(3), s. 409.175(2)(i), s. 415.102(4),
  650  chapter 916, s. 985.644, chapter 400, or chapter 429;
  651         6. Is seeking to be employed or licensed by the Department
  652  of Education, any district school board, any university
  653  laboratory school, any charter school, any private or parochial
  654  school, or any local governmental entity that licenses child
  655  care facilities; or
  656         7. Is seeking authorization from a Florida seaport listed
  657  identified in s. 311.09 for employment within or access to one
  658  or more of such seaports pursuant to s. 311.12 or s. 311.125.
  659         Section 7. Paragraph (a) of subsection (4) of section
  660  943.059, Florida Statutes, is amended to read:
  661         943.059 Court-ordered sealing of criminal history records.
  662  The courts of this state shall continue to have jurisdiction
  663  over their own procedures, including the maintenance, sealing,
  664  and correction of judicial records containing criminal history
  665  information to the extent such procedures are not inconsistent
  666  with the conditions, responsibilities, and duties established by
  667  this section. Any court of competent jurisdiction may order a
  668  criminal justice agency to seal the criminal history record of a
  669  minor or an adult who complies with the requirements of this
  670  section. The court shall not order a criminal justice agency to
  671  seal a criminal history record until the person seeking to seal
  672  a criminal history record has applied for and received a
  673  certificate of eligibility for sealing pursuant to subsection
  674  (2). A criminal history record that relates to a violation of s.
  675  393.135, s. 394.4593, s. 787.025, chapter 794, s. 796.03, s.
  676  800.04, s. 810.14, s. 817.034, s. 825.1025, s. 827.071, chapter
  677  839, s. 847.0133, s. 847.0135, s. 847.0145, s. 893.135, s.
  678  916.1075, a violation enumerated in s. 907.041, or any violation
  679  specified as a predicate offense for registration as a sexual
  680  predator pursuant to s. 775.21, without regard to whether that
  681  offense alone is sufficient to require such registration, or for
  682  registration as a sexual offender pursuant to s. 943.0435, may
  683  not be sealed, without regard to whether adjudication was
  684  withheld, if the defendant was found guilty of or pled guilty or
  685  nolo contendere to the offense, or if the defendant, as a minor,
  686  was found to have committed or pled guilty or nolo contendere to
  687  committing the offense as a delinquent act. The court may only
  688  order sealing of a criminal history record pertaining to one
  689  arrest or one incident of alleged criminal activity, except as
  690  provided in this section. The court may, at its sole discretion,
  691  order the sealing of a criminal history record pertaining to
  692  more than one arrest if the additional arrests directly relate
  693  to the original arrest. If the court intends to order the
  694  sealing of records pertaining to such additional arrests, such
  695  intent must be specified in the order. A criminal justice agency
  696  may not seal any record pertaining to such additional arrests if
  697  the order to seal does not articulate the intention of the court
  698  to seal records pertaining to more than one arrest. This section
  699  does not prevent the court from ordering the sealing of only a
  700  portion of a criminal history record pertaining to one arrest or
  701  one incident of alleged criminal activity. Notwithstanding any
  702  law to the contrary, a criminal justice agency may comply with
  703  laws, court orders, and official requests of other jurisdictions
  704  relating to sealing, correction, or confidential handling of
  705  criminal history records or information derived therefrom. This
  706  section does not confer any right to the sealing of any criminal
  707  history record, and any request for sealing a criminal history
  708  record may be denied at the sole discretion of the court.
  709         (4) EFFECT OF CRIMINAL HISTORY RECORD SEALING.—A criminal
  710  history record of a minor or an adult which is ordered sealed by
  711  a court of competent jurisdiction pursuant to this section is
  712  confidential and exempt from the provisions of s. 119.07(1) and
  713  s. 24(a), Art. I of the State Constitution and is available only
  714  to the person who is the subject of the record, to the subject's
  715  attorney, to criminal justice agencies for their respective
  716  criminal justice purposes, which include conducting a criminal
  717  history background check for approval of firearms purchases or
  718  transfers as authorized by state or federal law, to judges in
  719  the state courts system for the purpose of assisting them in
  720  their case-related decisionmaking responsibilities, as set forth
  721  in s. 943.053(5), or to those entities set forth in
  722  subparagraphs (a)1., 4., 5., 6., and 8. for their respective
  723  licensing, access authorization, and employment purposes.
  724         (a) The subject of a criminal history record sealed under
  725  this section or under other provisions of law, including former
  726  s. 893.14, former s. 901.33, and former s. 943.058, may lawfully
  727  deny or fail to acknowledge the arrests covered by the sealed
  728  record, except when the subject of the record:
  729         1. Is a candidate for employment with a criminal justice
  730  agency;
  731         2. Is a defendant in a criminal prosecution;
  732         3. Concurrently or subsequently petitions for relief under
  733  this section or s. 943.0585;
  734         4. Is a candidate for admission to The Florida Bar;
  735         5. Is seeking to be employed or licensed by or to contract
  736  with the Department of Children and Family Services, the Agency
  737  for Health Care Administration, the Agency for Persons with
  738  Disabilities, or the Department of Juvenile Justice or to be
  739  employed or used by such contractor or licensee in a sensitive
  740  position having direct contact with children, the
  741  developmentally disabled, the aged, or the elderly as provided
  742  in s. 110.1127(3), s. 393.063, s. 394.4572(1), s. 397.451, s.
  743  402.302(3), s. 402.313(3), s. 409.175(2)(i), s. 415.102(4), s.
  744  415.103, chapter 916, s. 985.644, chapter 400, or chapter 429;
  745         6. Is seeking to be employed or licensed by the Department
  746  of Education, any district school board, any university
  747  laboratory school, any charter school, any private or parochial
  748  school, or any local governmental entity that licenses child
  749  care facilities;
  750         7. Is attempting to purchase a firearm from a licensed
  751  importer, licensed manufacturer, or licensed dealer and is
  752  subject to a criminal history background check under state or
  753  federal law; or
  754         8. Is seeking authorization from a Florida seaport
  755  identified in s. 311.09 for employment within or access to one
  756  or more of such seaports pursuant to s. 311.12 or s. 311.125.
  757         Section 8. This act shall take effect July 1, 2009.