Florida Senate - 2009                             CS for SB 2684
       
       
       
       By the Committees on Military Affairs and Domestic Security; and
       Military Affairs and Domestic Security
       
       
       
       583-03929A-09                                         20092684c1
    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 secure or restricted
   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 a
   20         procedure for obtaining access to secure and
   21         restricted areas using federal credentialing;
   22         specifying the process for conducting criminal history
   23         checks and for the retention of fingerprint
   24         information; providing a criminal penalty for
   25         providing false information related to obtaining
   26         access to restricted seaport areas; providing
   27         additional criminal offenses that disqualify a person
   28         from employment by or access to a seaport; deleting
   29         the requirement that the department notify the port
   30         authority that denied employment of the final
   31         disposition of a waiver request from background
   32         screening requirements; allowing, rather than
   33         requiring, certain applications for a waiver from
   34         security requirements to be submitted to the Domestic
   35         Security Council for review; requiring a copy of the
   36         department’s legislative report to be provided to each
   37         seaport governing body or authority; requiring the
   38         department to provide assessment briefings to seaport
   39         authority governing boards and local regional domestic
   40         security task force co-chairs at least once per year;
   41         requiring certain board members to attend assessment
   42         briefings; adding the department to those entities
   43         responsible for allocating funds for security
   44         projects; repealing s. 311.111, F.S., relating to
   45         unrestricted and restricted public access areas and
   46         secured restricted access areas; repealing s. 311.125,
   47         F.S., relating to the Uniform Port Access Credential
   48         System and the Uniform Port Access Credential Card;
   49         amending s. 311.121, F.S.; revising the membership of
   50         the Seaport Security Officer Qualification, Training,
   51         and Standards Coordinating Council; amending ss.
   52         311.123, 311.124, 311.13, 943.0585, and 943.059, F.S.;
   53         conforming terms and cross-references; directing the
   54         Office of Drug Control to commission an update of the
   55         Florida Seaport Security Assessment 2000, which shall
   56         be presented to the Legislature by a certain date;
   57         authorizing the Department of Law Enforcement to
   58         create a pilot project to implement the seaport
   59         employee access system; transferring certain equipment
   60         from the Department of Highway Safety and Motor
   61         Vehicles to the Department of Law Enforcement for use
   62         in the project; providing a contingency with respect
   63         to assessment briefings conducted by the department;
   64         providing an effective date.
   65  
   66  Be It Enacted by the Legislature of the State of Florida:
   67  
   68         Section 1. Section 311.115, Florida Statutes, is created to
   69  read:
   70         311.115Seaport Security Standards Advisory Council.—The
   71  Seaport Security Standards Advisory Council is created under the
   72  Office of Drug Control. The council shall serve as an advisory
   73  council as provided in s. 20.03(7).
   74         (1)The members of the council shall be appointed by the
   75  Governor and consist of the following:
   76         (a)Two seaport directors.
   77         (b)Two seaport security directors.
   78         (c)One designee to represent seaport tenants.
   79         (d)One designee to represent seaport workers.
   80         (e)One designee from the Department of Law Enforcement.
   81         (f)One designee from the Office of Motor Carrier
   82  Compliance of the Department of Transportation.
   83         (g)One designee from the Attorney General’s Office.
   84         (h)One designee from the Department of Agriculture and
   85  Consumer Services.
   86         (i)One designee from the Office of Tourism, Trade, and
   87  Economic Development.
   88         (j)One designee from the Office of Drug Control.
   89         (k)One designee from the Fish and Wildlife Conservation
   90  Commission.
   91         (l)The Director of the Division of Emergency Management,
   92  or designee.
   93         (2)In addition to the members designated in subsection
   94  (1), the council may invite a representative of the United
   95  States Coast Guard to attend and participate in council meetings
   96  as an ex officio, nonvoting member of the council.
   97         (3)Members of the council shall be appointed to 4-year
   98  terms. A vacancy shall be filled by the original appointing
   99  authority for the balance of the unexpired term.
  100         (4)The council shall be chaired by a designee from the
  101  Office of Drug Control.
  102         (5)Beginning January 15, 2007, and at least every 4 years
  103  thereafter, the Office of Drug Control shall convene the council
  104  to review the minimum security standards referenced in s.
  105  311.12(1) for applicability to and effectiveness in combating
  106  current narcotics and terrorism threats to the state’s seaports.
  107  All sources of information allowed by law shall be used in
  108  assessing the applicability and effectiveness of the standards.
  109         (6)Council members shall serve without pay; however, per
  110  diem and travel allowances may be claimed for attendance at
  111  officially called meetings as provided by s. 112.061.
  112         (7)The council shall consult with the appropriate area
  113  maritime security committees to assess possible impacts to
  114  commerce and trade contained in the council’s nonclassified
  115  recommendations and findings.
  116         (8)The recommendations and findings of the council shall
  117  be transmitted to the Governor, the President of the Senate, and
  118  the Speaker of the House of Representatives.
  119         Section 2. Section 311.12, Florida Statutes, is amended to
  120  read:
  121         (Substantial rewording of section. See
  122         s. 311.12, F.S., for present text.)
  123         311.12Seaport security.—
  124         (1)SECURITY STANDARDS.—
  125         (a)The statewide minimum standards for seaport security
  126  applicable to seaports listed in s. 311.09 shall be those based
  127  on the Florida Seaport Security Assessment 2000 and set forth in
  128  the Port Security Standards Compliance Plan delivered to the
  129  Speaker of the House of Representatives and the President of the
  130  Senate on December 11, 2000. The Office of Drug Control within
  131  the Executive Office of the Governor shall maintain a sufficient
  132  number of copies of the standards at its offices for
  133  distribution to the public, and provide copies to each affected
  134  seaport upon request.
  135         (b)A seaport may implement security measures that are more
  136  stringent, more extensive, or supplemental to the minimum
  137  security standards established by this subsection.
  138         (2)EXEMPTION.—The Department of Law Enforcement may exempt
  139  all or part of a seaport listed in s. 311.09 from the
  140  requirements of this section if the department determines that
  141  activity associated with the use of the seaport or part of the
  142  seaport is not vulnerable to criminal activity or terrorism. The
  143  department shall periodically review such exemptions to
  144  determine if there is a change in use. Such change may warrant
  145  removal of all or part of the exemption.
  146         (3)SECURITY PLAN.—Each seaport listed in s. 311.09 shall
  147  adopt and maintain a security plan specific to that seaport
  148  which provides for a secure seaport infrastructure that promotes
  149  the safety and security of state residents and visitors and the
  150  flow of legitimate trade and travel.
  151         (a)Beginning January 1, 2007, and every 5 years
  152  thereafter, each seaport director, with the assistance of the
  153  Regional Domestic Security Task Force and in conjunction with
  154  the United States Coast Guard, shall revise the seaport’s
  155  security plan based on the director’s ongoing assessment of
  156  security risks, the risks of terrorist activities, and the
  157  specific and identifiable needs of the seaport for ensuring that
  158  the seaport is in substantial compliance with the minimum
  159  security standards established under subsection (1).
  160         (b)Each adopted or revised security plan must be reviewed
  161  and approved by the Office of Drug Control and the Department of
  162  Law Enforcement for compliance with federal facility security
  163  assessment requirements under 33 C.F.R. s. 105.305 and the
  164  minimum security standards established under subsection (1).
  165  Within 30 days after completion, a copy of the written review
  166  shall be delivered to the United States Coast Guard, the
  167  Regional Domestic Security Task Force, and the Domestic Security
  168  Oversight Council.
  169         (4)SECURE AND RESTRICTED AREAS.—Each seaport listed in s.
  170  311.09 must clearly designate in seaport security plans, and
  171  clearly identify with appropriate signs and markers on the
  172  premises of a seaport, all secure and restricted areas as
  173  defined by the United State Department of Homeland Security
  174  United States Coast Guard Navigation and Vessel Inspection
  175  Circular No. 03-07 and 49 C.F.R. part 1572. The plans must also
  176  address access eligibility requirements and corresponding
  177  security enforcement authorizations.
  178         (a)The seaport’s security plan must set forth the
  179  conditions and restrictions to be imposed on persons employed
  180  at, doing business at, or visiting the seaport who have access
  181  to secure and restricted areas that are sufficient to provide
  182  substantial compliance with the minimum security standards
  183  established in subsection (1) and federal regulations.
  184         1.All seaport employees and other persons working at the
  185  seaport who have regular access to secure or restricted areas
  186  must comply with federal access control regulations and state
  187  criminal history checks as prescribed in this section.
  188         2.All persons and objects in secure and restricted areas
  189  are subject to search by a sworn state-certified law enforcement
  190  officer, a Class D seaport security officer certified under
  191  Maritime Transportation Security Act guidelines and s. 311.121,
  192  or an employee of the seaport security force certified under the
  193  Maritime Transportation Security Act guidelines and s. 311.121.
  194         3.Persons found in these areas without the proper
  195  permission are subject to the trespass provisions of ss. 810.08
  196  and 810.09.
  197         (c)As determined by the seaport director’s most current
  198  risk assessment report under paragraph (3)(a), any secure or
  199  restricted area that has a potential human occupancy of 50
  200  persons or more, any cruise terminal, or any business operation
  201  that is adjacent to a public access area must be protected from
  202  the most probable and credible terrorist threat to human life.
  203         (d)The seaport must provide clear notice of the
  204  prohibition against possession of concealed weapons and other
  205  contraband material on the premises of the seaport. Any person
  206  in a restricted area who has in his or her possession a
  207  concealed weapon, or who operates or has possession or control
  208  of a vehicle in or upon which a concealed weapon is placed or
  209  stored, commits a misdemeanor of the first degree, punishable as
  210  provided in s. 775.082 or s. 775.083. This paragraph does not
  211  apply to active-duty certified federal or state law enforcement
  212  personnel or persons so designated by the seaport director in
  213  writing.
  214         (e)During a period of high terrorist threat level, as
  215  designated by the United States Department of Homeland Security
  216  or the Department of Law Enforcement, or during an emergency
  217  declared at a port by the seaport security director due to
  218  events applicable to that particular seaport, the management or
  219  controlling authority of the port may temporarily designate any
  220  part of the seaport property as a secure or restricted area. The
  221  duration of such designation is limited to the period in which
  222  the high terrorist threat level is in effect or a port emergency
  223  exists.
  224         (5)ACCESS ELIGIBILITY REPORTING SYSTEM.—Subject to
  225  legislative appropriations, the Department of Law Enforcement
  226  shall administer a statewide seaport access eligibility
  227  reporting system.
  228         (a)The system must, at a minimum, include:
  229         1.A centralized, secure method of collecting and
  230  maintaining fingerprints, other biometric data, or other means
  231  of confirming the identity of persons authorized to enter a
  232  secure or restricted area of a seaport;
  233         2.A methodology for receiving from and transmitting
  234  information to each seaport regarding a person’s authority to
  235  enter a secure or restricted area of the seaport;
  236         3.A means for receiving prompt notification from a seaport
  237  when a person’s authorization to enter a secure or restricted
  238  area of a seaport has been suspended or revoked; and
  239         4.A means to communicate to seaports when a person’s
  240  authorization to enter a secure or restricted area of a seaport
  241  has been suspended or revoked.
  242         (b)Each seaport listed in s. 311.09 is responsible for
  243  granting, modifying, restricting, or denying access to secure
  244  and restricted areas to seaport employees, other persons working
  245  at the seaport, visitors who have business with the seaport, or
  246  other persons regularly appearing at the seaport. Based upon the
  247  person’s criminal history check, each seaport may determine the
  248  specific access eligibility to be granted to that person. Each
  249  seaport is responsible for access eligibility verification at
  250  its location.
  251         (c)Upon determining that a person is eligible to enter a
  252  secure or restricted area of a port pursuant to subsections (6)
  253  and (7), the seaport shall, within 3 business days, report the
  254  determination to the department for inclusion in the system.
  255         (d)All information submitted to the department regarding a
  256  person’s access eligibility screening may be retained by the
  257  department for subsequent use in promoting seaport security,
  258  including, but not limited to, the review of the person’s
  259  criminal history status to ensure that the person has not become
  260  disqualified for such access.
  261         (e)The following fees shall be paid by the seaport,
  262  another employing entity, or the person being entered into the
  263  system to the department or to the seaport if the seaport is
  264  acting as an agent of the department for the purpose of
  265  collecting the fees. Such fees may not be charged by more than
  266  one seaport.
  267         1.The cost of the state criminal history check under
  268  subsection (7).
  269         2.A $50 fee to cover the initial cost of entering the
  270  person into the system, and every 5 years thereafter to coincide
  271  with the issuance of the federal Transportation Worker
  272  Identification Credential described in subsection (6). The fee
  273  covers all costs for entering or maintaining the person in the
  274  system including the retention and use of their fingerprint,
  275  other biometric data, or other identifying information.
  276         3.The seaport entering the person into the system may
  277  charge an administrative fee to cover, but not exceed, the
  278  seaport’s actual administrative costs for processing the results
  279  of the state criminal history check and entering the person into
  280  the system.
  281         (f)All fees identified in paragraph (e) must be paid
  282  before the person may be granted access to a secure or
  283  restricted area. Failure to comply with the criminal history
  284  check or to pay the fees are grounds for immediate denial of
  285  access.
  286         (g)Persons, corporations, or other business entities that
  287  employ persons to work or do business at seaports shall notify
  288  the seaport of the termination, resignation, work-related
  289  incapacitation, or death of an employee who has access
  290  permission.
  291         1.If the seaport determines that the person has been
  292  employed by another appropriate entity or is self-employed for
  293  purposes of performing work at the seaport, the seaport may
  294  reinstate the person’s access eligibility.
  295         2.A business entity’s failure to report a change in an
  296  employee’s work status within 7 days after that change may
  297  result in revocation of the business entity’s access to the
  298  seaport.
  299         (h)In addition to access permissions granted or denied by
  300  seaports, access eligibility may be restricted or revoked by the
  301  department if there is a reasonable suspicion that the person is
  302  involved in terrorism or criminal violations that could affect
  303  the security of a port or otherwise render the person ineligible
  304  for seaport access.
  305         (i)Any suspension or revocation of port access must be
  306  reported by the seaport to the department within 24 hours.
  307         (j)The submission of information known to be false or
  308  misleading to the department for entry into the system is a
  309  felony of the third degree, punishable as provided in s.
  310  775.082, s. 775.083, or s. 775.084.
  311         (6)ACCESS TO SECURE AND RESTRICTED AREAS.—
  312         (a)Any person seeking authorization for unescorted access
  313  to secure and restricted areas of a seaport must, unless waived
  314  under paragraph (7)(e), possess a valid federal Transportation
  315  Worker Identification Credential (TWIC) and execute an affidavit
  316  under oath which provides TWIC identification information and
  317  indicates that:
  318         1.The TWIC is currently valid and in full force and
  319  effect;
  320         2.He or she did not receive the TWIC through the waiver
  321  process for disqualifying criminal history allowed by federal
  322  law; and
  323         3.He or she has not, in any jurisdiction, civilian or
  324  military, been charged with, been convicted of, entered a plea
  325  of guilty or nolo contendere to, regardless of adjudication, or
  326  been found not guilty by reason of insanity, of any
  327  disqualifying felony under subsection (7) or any crime which
  328  includes the use or possession of a weapon or firearm.
  329         (b)Upon submission of a completed affidavit as provided in
  330  paragraph (a), the completion of the state criminal history
  331  check as provided in subsection (7), and payment of all required
  332  fees under subsection (5), a seaport may grant the person access
  333  to secure or restricted areas of the port.
  334         (c)Any port granting a person access to secure or
  335  restricted areas shall report the grant of access to the
  336  Department of Law Enforcement for inclusion in the access
  337  eligibility reporting system under subsection (5) within 3
  338  business days.
  339         (d)The submission of false information on the affidavit
  340  required by this section is a felony of the third degree,
  341  punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
  342  Upon conviction for a violation of this provision, the person
  343  forfeits all privilege of access to secure or restricted areas
  344  of a seaport and is disqualified from future approval for access
  345  to such areas.
  346         (e)Any affidavit form created for use under this
  347  subsection must conspicuously state: “Submission of false
  348  information on this affidavit is a felony under Florida law and
  349  will, upon conviction, result in disqualification for access to
  350  a secure or restricted area of a seaport.”
  351         (f)Upon each 5-year renewal of a person’s TWIC, the person
  352  must submit another affidavit as required by this subsection.
  353         (7)CRIMINAL HISTORY SCREENING.—A fingerprint-based
  354  criminal history check must be performed on employee applicants,
  355  current employees, and other persons authorized to regularly
  356  enter a secure or restricted area, or the entire seaport if the
  357  seaport security plan does not designate one or more secure or
  358  restricted areas.
  359         (a)A person is disqualified from employment or unescorted
  360  access if the person:
  361         1.Was convicted of, or entered a plea of guilty or nolo
  362  contendere to, regardless of adjudication, any of the offenses
  363  listed in paragraph (b) in any jurisdiction, civilian or
  364  military, during the 7 years before the date of the person’s
  365  application for access; or
  366         2.Was released from incarceration, or any supervision
  367  imposed as a result of sentencing, for committing any of the
  368  disqualifying crimes listed in paragraph (b) in any
  369  jurisdiction, civilian or military, during the 5 years before
  370  the date of the person’s application for access.
  371         (b)The disqualifying offenses include:
  372         1.An act of terrorism as defined in s. 775.30.
  373         2.A violation involving a weapon of mass destruction or
  374  hoax weapon of mass destruction as provided in s. 790.166.
  375         3.Planting of a hoax bomb as provided in s. 790.165.
  376         4.A violation of s. 876.02 or 876.36.
  377         5.A violation of s. 860.065.
  378         6.Trafficking as provided in s. 893.135.
  379         7.Racketeering activity as provided in s. 895.03.
  380         8.Dealing in stolen property as provided in s. 812.019.
  381         9.Money laundering as provided in s. 896.101.
  382         10.Criminal use of personal identification as provided in
  383  s. 817.568.
  384         11.Bribery as provided in s. 838.015.
  385         12.A violation of s. 316.302, relating to the transport of
  386  hazardous materials.
  387         13.A forcible felony as defined in s. 776.08.
  388         14.A violation of s. 790.07.
  389         15.Any crime which includes the use or possession of a
  390  weapon or firearm.
  391         16.A felony violation for theft as provided in s. 812.014.
  392         17.Robbery as provided in s. 812.13.
  393         18.Burglary as provided in s. 810.02.
  394         19.Any violation involving the sale, manufacture,
  395  delivery, or possession with intent to sell, manufacture, or
  396  deliver a controlled substance.
  397         20.Any offense under the laws of another jurisdiction that
  398  is similar to an offense in this list.
  399         21.Conspiracy or attempt to commit any of the listed
  400  offenses.
  401         (c)Each individual who is subject to a criminal history
  402  check shall file a complete set of fingerprints taken in a
  403  manner acceptable to the Department of Law Enforcement for state
  404  processing. The results of the criminal history check must be
  405  reported to the requesting seaport and may be shared among
  406  seaports.
  407         (d)All fingerprints submitted to the Department of Law
  408  Enforcement shall be retained by the department and entered into
  409  the statewide automated fingerprint identification system
  410  established in s. 943.05(2)(b) and available for use in
  411  accordance with s. 943.05(2)(g) and (h). An arrest record that
  412  is identified with the retained fingerprints of a person subject
  413  to the screening shall be reported to the seaport where the
  414  person has been granted access to a secure or restricted area.
  415  If the fingerprints of a person who has been granted access were
  416  not retained, or are otherwise not suitable for use by the
  417  department, the person must be refingerprinted in a manner that
  418  allows the department to perform its functions as provided
  419  herein.
  420         (e)The Department of Law Enforcement shall establish a
  421  waiver process for an individual who does not have a TWIC,
  422  obtained a TWIC though a federal waiver process, or is found to
  423  be unqualified under paragraph (a) and denied employment by a
  424  seaport or unescorted access to secure or restricted areas.
  425         1.Consideration for a waiver shall be based on the
  426  circumstances of any disqualifying act or offense, restitution
  427  made by the individual, and other factors from which it may be
  428  determined that the individual does not pose a risk of engaging
  429  in any act within the public seaports regulated under this
  430  chapter which poses a risk to or threatens the security of the
  431  seaport and the public’s health, safety, or welfare.
  432         2.The waiver process begins when an individual who has
  433  been denied initial employment within or unescorted access to
  434  secure or restricted areas of a public seaport submits an
  435  application for a waiver and a notarized letter or affidavit
  436  from the individual’s employer or union representative which
  437  states the mitigating reasons for initiating the waiver process.
  438         3.Within 90 days after receipt of the application, the
  439  administrative staff of the Parole Commission shall conduct a
  440  factual review of the waiver application. Findings of fact shall
  441  be transmitted to the department for review. The department
  442  shall make a copy of those findings available to the applicant
  443  before final disposition of the waiver request.
  444         4.The department shall make a final disposition of the
  445  waiver request based on the factual findings of the
  446  investigation by the Parole Commission. The department shall
  447  notify the waiver applicant of the final disposition of the
  448  waiver.
  449         5.The review process under this paragraph is exempt from
  450  chapter 120.
  451         6.By October 1 of each year, each seaport shall report to
  452  the department each instance of denial of employment within, or
  453  access to, secure or restricted areas, and each instance waiving
  454  an appeal of a denial occurring during the last 12 months. The
  455  report must include the identity of the individual affected, the
  456  factors supporting the denial or waiver, and any other material
  457  factors used to make the determination.
  458         (f)In addition to the waiver procedure established by the
  459  Department of Law Enforcement under paragraph (e), each seaport
  460  security plan may establish a procedure to appeal a denial of
  461  employment or access based upon procedural inaccuracies or
  462  discrepancies regarding criminal history factors established
  463  pursuant to this subsection.
  464         (g)Each seaport may allow immediate waivers on a temporary
  465  basis to meet special or emergency needs of the seaport or its
  466  users. Policies, procedures, and criteria for implementation of
  467  this provision must be included in the seaport security plan.
  468  All waivers granted by the seaports pursuant to this paragraph
  469  must be reported to the department within 30 days after
  470  issuance.
  471         (8)WAIVER FROM SECURITY REQUIREMENTS.—The Office of Drug
  472  Control and the Department of Law Enforcement may modify or
  473  waive any physical facility requirement or other requirement
  474  contained in the minimum security standards upon a determination
  475  that the purposes of the standards have been reasonably met or
  476  exceeded by the seaport requesting the modification or waiver.
  477  An alternate means of compliance must not diminish the safety or
  478  security of the seaport and must be verified through an
  479  extensive risk analysis conducted by the seaport director.
  480         (a)Waiver requests shall be submitted in writing, along
  481  with supporting documentation, to the Office of Drug Control and
  482  the Department of Law Enforcement. The office and the department
  483  have 90 days to jointly grant or reject the waiver, in whole or
  484  in part.
  485         (b)The seaport may submit any waivers that are not granted
  486  or are jointly rejected to the Domestic Security Oversight
  487  Council for review within 90 days. The council shall recommend
  488  that the Office of Drug Control and the Department of Law
  489  Enforcement grant the waiver or reject the waiver, in whole or
  490  in part. The office and the department shall give great weight
  491  to the council’s recommendations.
  492         (c)A request seeking a waiver from the seaport law
  493  enforcement personnel standards established under s. 311.122(3)
  494  may not be granted for percentages below 10 percent.
  495         (d)Any modifications or waivers granted under this
  496  subsection shall be noted in the annual report submitted by the
  497  Department of Law Enforcement pursuant to subsection (10).
  498         (9)INSPECTIONS.—It is the intent of the Legislature that
  499  the state’s seaports adhere to security practices that are
  500  consistent with the risks assigned to each seaport through the
  501  ongoing risk assessment process established in paragraph (3)(a).
  502         (a)The Department of Law Enforcement, or any entity
  503  designated by the department, shall conduct at least one annual
  504  unannounced inspection of each seaport to determine whether the
  505  seaport is meeting the minimum security standards established
  506  pursuant to subsection (1), and to identify seaport security
  507  changes or improvements needed or otherwise recommended.
  508         (b)The Department of Law Enforcement, or any entity
  509  designated by the department, may conduct additional announced
  510  or unannounced inspections or operations within or affecting any
  511  seaport to test compliance with, or the effectiveness of,
  512  security plans and operations at each seaport, to determine
  513  compliance with physical facility requirements and standards, or
  514  to assist the department in identifying changes or improvements
  515  needed to bring a seaport into compliance with minimum security
  516  standards.
  517         (c)Within 30 days after completing the inspection report,
  518  the department shall submit a copy of the report to the Domestic
  519  Security Oversight Council.
  520         (d)A seaport may request that the Domestic Security
  521  Oversight Council review the findings in the department’s report
  522  as they relate to the requirements of this section. The council
  523  may review only those findings that are in dispute by the
  524  seaport. In reviewing the disputed findings, the council may
  525  concur in the findings of the department or the seaport, or may
  526  recommend corrective action to the seaport. The department and
  527  the seaport shall give great weight to the council’s findings
  528  and recommendations.
  529         (e)All seaports shall allow the Department of Law
  530  Enforcement, or entity designated by the department, unimpeded
  531  access to affected areas and facilities for the purpose of plan
  532  or compliance inspections or other operations authorized by this
  533  section.
  534         (10)REPORTS.—
  535         (a)The Department of Law Enforcement, in consultation with
  536  the Office of Drug Control, shall annually complete a report
  537  indicating the observations and findings of all reviews,
  538  inspections, or other operations relating to the seaports
  539  conducted during the year and any recommendations resulting from
  540  such reviews, inspections, and operations. A copy of the report
  541  shall be provided to the Governor, the President of the Senate,
  542  the Speaker of the House of Representatives, the governing body
  543  of each seaport or seaport authority, and each seaport director.
  544  The report must include each director’s response indicating what
  545  actions, if any, have been taken or are planned to be taken
  546  pursuant to the observations, findings, and recommendations
  547  reported by the department.
  548         (b)After the Department of Law Enforcement completes the
  549  annual inspection report in paragraph (a), the department shall
  550  provide an assessment briefing to the board members of the
  551  governing authority of each seaport and to the local regional
  552  domestic security task force co-chairs. The briefing must
  553  address the findings from the inspections, areas of concern, and
  554  recommendations for improvements.
  555         1.The department shall provide at least one assessment
  556  briefing per year to the board during a meeting of the board.
  557  The board must make transcripts and audio recordings of all
  558  proceedings during such briefings.
  559         2.Each board member of a governing authority having
  560  responsibility for seaport oversight or operations must attend
  561  the assessment briefings. All attendance records shall be
  562  published and announced at the next regular meeting of the
  563  board.
  564         (11)FUNDING.—
  565         (a)In making decisions regarding security projects or
  566  other funding applicable to each seaport listed in s. 311.09,
  567  the Legislature may consider the Department of Law Enforcement’s
  568  annual report under subsection (10) as authoritative, especially
  569  regarding each seaport’s degree of substantial compliance with
  570  the minimum security standards established in subsection (1).
  571         (b)The Legislature shall regularly review the ongoing
  572  costs of operational security on seaports, the impacts of this
  573  section on those costs, mitigating factors that may reduce costs
  574  without reducing security, and the methods by which seaports may
  575  implement operational security using a combination of sworn law
  576  enforcement officers and private security services.
  577         (c)Subject to the provisions of this chapter and
  578  appropriations made for seaport security, state funds may not be
  579  expended for security costs without certification of need for
  580  such expenditures by the Office of Ports Administrator within
  581  the Department of Law Enforcement.
  582         (d)If funds are appropriated for seaport security, the
  583  Office of Drug Control, the Department of Law Enforcement, and
  584  the Florida Seaport Transportation and Economic Development
  585  Council shall mutually determine the allocation of such funds
  586  for security project needs identified in the approved seaport
  587  security plans. Any seaport that receives state funds for
  588  security projects must enter into a joint participation
  589  agreement with the appropriate state entity and use the seaport
  590  security plan as the basis for the agreement.
  591         1.If funds are made available over more than 1 fiscal
  592  year, the agreement must reflect the entire scope of the project
  593  approved in the security plan and, as practicable, allow for
  594  reimbursement for authorized projects over more than 1 year.
  595         2.The agreement may include specific timeframes for
  596  completion of a security project and the applicable funding
  597  reimbursement dates. The agreement may also require a
  598  contractual penalty of up to $1,000 per day to be imposed for
  599  failure to meet project completion dates if state funding is
  600  available. Any such penalty shall be deposited into the State
  601  Transportation Trust Fund and used for seaport security
  602  operations and capital improvements.
  603         Section 3. Sections 311.111 and 311.125, Florida Statutes,
  604  are repealed.
  605         Section 4. Subsection (3) of section 311.121, Florida
  606  Statutes, is amended to read:
  607         311.121 Qualifications, training, and certification of
  608  licensed security officers at Florida seaports.—
  609         (3)(a) The Seaport Security Officer Qualification,
  610  Training, and Standards Coordinating Council is created under
  611  the Department of Law Enforcement.
  612         (a)(b)1. The executive director of the Department of Law
  613  Enforcement shall appoint 11 members to the council to which
  614  shall include:
  615         1.a. The seaport administrator of the Department of Law
  616  Enforcement.
  617         2.b. The Commissioner of Education or designee chancellor
  618  of the Community College System.
  619         3.c. The director of the Division of Licensing of the
  620  Department of Agriculture and Consumer Services.
  621         4.d. The administrator of the Florida Seaport
  622  Transportation and Economic Development Council.
  623         5.e. Two seaport security directors from seaports
  624  designated under s. 311.09.
  625         6.f. One director of a state law enforcement academy.
  626         7.g. One representative of a local law enforcement agency.
  627         8.h. Two representatives of contract security services.
  628         9.i. One representative of the Division of Driver Licenses
  629  of the Department of Highway Safety and Motor Vehicles.
  630         (b)2. In addition to the members designated in paragraph
  631  (a) subparagraph 1., the executive director may invite a
  632  representative of the United States Coast Guard to attend and
  633  participate in council meetings as an ex officio, nonvoting
  634  member of the council.
  635         (c) Council members designated under subparagraphs (a)1.-4.
  636  in sub-subparagraphs (b)1.a.-d. shall serve for the duration of
  637  their employment or appointment. Council members designated
  638  under subparagraphs (b)5.-9. sub-subparagraphs (b)1.e.-i. shall
  639  be appointed for serve 4-year terms, except that the initial
  640  appointment for the representative of a local law enforcement
  641  agency, one representative of a contract security agency, and
  642  one seaport security director from a seaport designated in s.
  643  311.09 shall be appointed for 2-year terms serve for terms of 2
  644  years.
  645         (d) The chancellor of the Community College System shall
  646  serve as chair of the council.
  647         (e) The council shall meet upon the call of the chair, and
  648  at least once a year to update or modify curriculum
  649  recommendations.
  650         (f) Council members shall serve without pay; however, per
  651  diem and travel allowances may be claimed for attendance of
  652  officially called meetings as provided by s. 112.061.
  653         (g) By December 1, 2006, The council shall identify the
  654  qualifications, training, and standards for seaport security
  655  officer certification and recommend a curriculum for the seaport
  656  security officer training program that includes at least shall
  657  include no less than 218 hours of initial certification training
  658  and that conforms to or exceeds model courses approved under by
  659  the Federal Maritime Act under s. 109 of the Federal Maritime
  660  Transportation Security Act of 2002 for facility personnel with
  661  specific security duties.
  662         1.(h) The council may recommend training equivalencies that
  663  may be substituted for portions of the required training.
  664         2.(i) The council shall recommend a continuing education
  665  curriculum of at least no less than 8 hours of additional
  666  training for each annual licensing period.
  667         Section 5. Section 311.123, Florida Statutes, is amended to
  668  read:
  669         311.123 Maritime domain security awareness training
  670  program.—
  671         (1) The Florida Seaport Transportation and Economic
  672  Development Council, in conjunction with the Department of Law
  673  Enforcement and the Office of Drug Control within the Executive
  674  Office of the Governor, shall create a maritime domain security
  675  awareness training program to instruct all personnel employed
  676  within a seaport’s boundaries about the security procedures
  677  required of them for implementation of the seaport security plan
  678  required under s. 311.12(3).
  679         (2) The training program curriculum must include security
  680  training required pursuant to 33 C.F.R. part 105 and must be
  681  designed to enable the seaports in this state to meet the
  682  training, drill, and exercise requirements of 33 C.F.R. part 105
  683  and individual seaport security plans and to otherwise comply
  684  with the requirements of s. 311.12 relating to security
  685  awareness.
  686         Section 6. Subsection (1) of section 311.124, Florida
  687  Statutes, is amended to read:
  688         311.124 Trespassing; detention by a certified seaport
  689  security officer.—
  690         (1) Any Class D or Class G seaport security officer
  691  certified under the Maritime Transportation Security Act
  692  guidelines and s. 311.121 or any employee of the seaport
  693  security force certified under the Maritime Transportation
  694  Security Act guidelines and s. 311.121 who has probable cause to
  695  believe that a person is trespassing pursuant to the provisions
  696  of s. 810.08 or s. 810.09 or this chapter in a designated secure
  697  or restricted area pursuant to s. 311.12(4) s. 311.111 is
  698  authorized to detain such person in a reasonable manner for a
  699  reasonable period of time pending the arrival of a law
  700  enforcement officer, and such action does shall not render the
  701  security officer criminally or civilly liable for false arrest,
  702  false imprisonment, or unlawful detention.
  703         Section 7. Section 311.13, Florida Statutes, is amended to
  704  read:
  705         311.13 Certain information exempt from disclosure.—Seaport
  706  security plans of a seaport authority created pursuant to s.
  707  311.12 by act of the Legislature or of a seaport department of a
  708  county or municipality that operates an international seaport
  709  are exempt from s. 119.07(1) and s. 24(a), Art. I of the State
  710  Constitution. In addition, photographs, maps, blueprints,
  711  drawings, and similar materials that depict critical seaport
  712  operating facilities are exempt from s. 119.07(1) and s. 24(a),
  713  Art. I of the State Constitution, to the extent that a seaport
  714  authority created by act of the Legislature or a seaport
  715  department of a county or municipality that operates a seaport
  716  reasonably determines that such items contain information that
  717  is not generally known and that could jeopardize the security of
  718  the seaport; however, information relating to real estate
  719  leases, layout plans, blueprints, or information relevant
  720  thereto, is not to be included in this exemption. The exemptions
  721  in this section are applicable only to records held by a seaport
  722  authority created by act of the Legislature or to records of a
  723  county or municipal seaport department that operates a seaport.
  724         Section 8. Paragraph (a) of subsection (4) of section
  725  943.0585, Florida Statutes, is amended to read:
  726         943.0585 Court-ordered expunction of criminal history
  727  records.—The courts of this state have jurisdiction over their
  728  own procedures, including the maintenance, expunction, and
  729  correction of judicial records containing criminal history
  730  information to the extent such procedures are not inconsistent
  731  with the conditions, responsibilities, and duties established by
  732  this section. Any court of competent jurisdiction may order a
  733  criminal justice agency to expunge the criminal history record
  734  of a minor or an adult who complies with the requirements of
  735  this section. The court shall not order a criminal justice
  736  agency to expunge a criminal history record until the person
  737  seeking to expunge a criminal history record has applied for and
  738  received a certificate of eligibility for expunction pursuant to
  739  subsection (2). A criminal history record that relates to a
  740  violation of s. 393.135, s. 394.4593, s. 787.025, chapter 794,
  741  s. 796.03, s. 800.04, s. 810.14, s. 817.034, s. 825.1025, s.
  742  827.071, chapter 839, s. 847.0133, s. 847.0135, s. 847.0145, s.
  743  893.135, s. 916.1075, a violation enumerated in s. 907.041, or
  744  any violation specified as a predicate offense for registration
  745  as a sexual predator pursuant to s. 775.21, without regard to
  746  whether that offense alone is sufficient to require such
  747  registration, or for registration as a sexual offender pursuant
  748  to s. 943.0435, may not be expunged, without regard to whether
  749  adjudication was withheld, if the defendant was found guilty of
  750  or pled guilty or nolo contendere to the offense, or if the
  751  defendant, as a minor, was found to have committed, or pled
  752  guilty or nolo contendere to committing, the offense as a
  753  delinquent act. The court may only order expunction of a
  754  criminal history record pertaining to one arrest or one incident
  755  of alleged criminal activity, except as provided in this
  756  section. The court may, at its sole discretion, order the
  757  expunction of a criminal history record pertaining to more than
  758  one arrest if the additional arrests directly relate to the
  759  original arrest. If the court intends to order the expunction of
  760  records pertaining to such additional arrests, such intent must
  761  be specified in the order. A criminal justice agency may not
  762  expunge any record pertaining to such additional arrests if the
  763  order to expunge does not articulate the intention of the court
  764  to expunge a record pertaining to more than one arrest. This
  765  section does not prevent the court from ordering the expunction
  766  of only a portion of a criminal history record pertaining to one
  767  arrest or one incident of alleged criminal activity.
  768  Notwithstanding any law to the contrary, a criminal justice
  769  agency may comply with laws, court orders, and official requests
  770  of other jurisdictions relating to expunction, correction, or
  771  confidential handling of criminal history records or information
  772  derived therefrom. This section does not confer any right to the
  773  expunction of any criminal history record, and any request for
  774  expunction of a criminal history record may be denied at the
  775  sole discretion of the court.
  776         (4) EFFECT OF CRIMINAL HISTORY RECORD EXPUNCTION.—Any
  777  criminal history record of a minor or an adult which is ordered
  778  expunged by a court of competent jurisdiction pursuant to this
  779  section must be physically destroyed or obliterated by any
  780  criminal justice agency having custody of such record; except
  781  that any criminal history record in the custody of the
  782  department must be retained in all cases. A criminal history
  783  record ordered expunged that is retained by the department is
  784  confidential and exempt from the provisions of s. 119.07(1) and
  785  s. 24(a), Art. I of the State Constitution and not available to
  786  any person or entity except upon order of a court of competent
  787  jurisdiction. A criminal justice agency may retain a notation
  788  indicating compliance with an order to expunge.
  789         (a) The person who is the subject of a criminal history
  790  record that is expunged under this section or under other
  791  provisions of law, including former s. 893.14, former s. 901.33,
  792  and former s. 943.058, may lawfully deny or fail to acknowledge
  793  the arrests covered by the expunged record, except when the
  794  subject of the record:
  795         1. Is a candidate for employment with a criminal justice
  796  agency;
  797         2. Is a defendant in a criminal prosecution;
  798         3. Concurrently or subsequently petitions for relief under
  799  this section or s. 943.059;
  800         4. Is a candidate for admission to The Florida Bar;
  801         5. Is seeking to be employed or licensed by or to contract
  802  with the Department of Children and Family Services, the Agency
  803  for Health Care Administration, the Agency for Persons with
  804  Disabilities, or the Department of Juvenile Justice or to be
  805  employed or used by such contractor or licensee in a sensitive
  806  position having direct contact with children, the
  807  developmentally disabled, the aged, or the elderly as provided
  808  in s. 110.1127(3), s. 393.063, s. 394.4572(1), s. 397.451, s.
  809  402.302(3), s. 402.313(3), s. 409.175(2)(i), s. 415.102(4),
  810  chapter 916, s. 985.644, chapter 400, or chapter 429;
  811         6. Is seeking to be employed or licensed by the Department
  812  of Education, any district school board, any university
  813  laboratory school, any charter school, any private or parochial
  814  school, or any local governmental entity that licenses child
  815  care facilities; or
  816         7. Is seeking authorization from a Florida seaport listed
  817  identified in s. 311.09 for employment within or access to one
  818  or more of such seaports pursuant to s. 311.12 or s. 311.125.
  819         Section 9. Paragraph (a) of subsection (4) of section
  820  943.059, Florida Statutes, is amended to read:
  821         943.059 Court-ordered sealing of criminal history records.
  822  The courts of this state shall continue to have jurisdiction
  823  over their own procedures, including the maintenance, sealing,
  824  and correction of judicial records containing criminal history
  825  information to the extent such procedures are not inconsistent
  826  with the conditions, responsibilities, and duties established by
  827  this section. Any court of competent jurisdiction may order a
  828  criminal justice agency to seal the criminal history record of a
  829  minor or an adult who complies with the requirements of this
  830  section. The court shall not order a criminal justice agency to
  831  seal a criminal history record until the person seeking to seal
  832  a criminal history record has applied for and received a
  833  certificate of eligibility for sealing pursuant to subsection
  834  (2). A criminal history record that relates to a violation of s.
  835  393.135, s. 394.4593, s. 787.025, chapter 794, s. 796.03, s.
  836  800.04, s. 810.14, s. 817.034, s. 825.1025, s. 827.071, chapter
  837  839, s. 847.0133, s. 847.0135, s. 847.0145, s. 893.135, s.
  838  916.1075, a violation enumerated in s. 907.041, or any violation
  839  specified as a predicate offense for registration as a sexual
  840  predator pursuant to s. 775.21, without regard to whether that
  841  offense alone is sufficient to require such registration, or for
  842  registration as a sexual offender pursuant to s. 943.0435, may
  843  not be sealed, without regard to whether adjudication was
  844  withheld, if the defendant was found guilty of or pled guilty or
  845  nolo contendere to the offense, or if the defendant, as a minor,
  846  was found to have committed or pled guilty or nolo contendere to
  847  committing the offense as a delinquent act. The court may only
  848  order sealing of a criminal history record pertaining to one
  849  arrest or one incident of alleged criminal activity, except as
  850  provided in this section. The court may, at its sole discretion,
  851  order the sealing of a criminal history record pertaining to
  852  more than one arrest if the additional arrests directly relate
  853  to the original arrest. If the court intends to order the
  854  sealing of records pertaining to such additional arrests, such
  855  intent must be specified in the order. A criminal justice agency
  856  may not seal any record pertaining to such additional arrests if
  857  the order to seal does not articulate the intention of the court
  858  to seal records pertaining to more than one arrest. This section
  859  does not prevent the court from ordering the sealing of only a
  860  portion of a criminal history record pertaining to one arrest or
  861  one incident of alleged criminal activity. Notwithstanding any
  862  law to the contrary, a criminal justice agency may comply with
  863  laws, court orders, and official requests of other jurisdictions
  864  relating to sealing, correction, or confidential handling of
  865  criminal history records or information derived therefrom. This
  866  section does not confer any right to the sealing of any criminal
  867  history record, and any request for sealing a criminal history
  868  record may be denied at the sole discretion of the court.
  869         (4) EFFECT OF CRIMINAL HISTORY RECORD SEALING.—A criminal
  870  history record of a minor or an adult which is ordered sealed by
  871  a court of competent jurisdiction pursuant to this section is
  872  confidential and exempt from the provisions of s. 119.07(1) and
  873  s. 24(a), Art. I of the State Constitution and is available only
  874  to the person who is the subject of the record, to the subject’s
  875  attorney, to criminal justice agencies for their respective
  876  criminal justice purposes, which include conducting a criminal
  877  history background check for approval of firearms purchases or
  878  transfers as authorized by state or federal law, to judges in
  879  the state courts system for the purpose of assisting them in
  880  their case-related decisionmaking responsibilities, as set forth
  881  in s. 943.053(5), or to those entities set forth in
  882  subparagraphs (a)1., 4., 5., 6., and 8. for their respective
  883  licensing, access authorization, and employment purposes.
  884         (a) The subject of a criminal history record sealed under
  885  this section or under other provisions of law, including former
  886  s. 893.14, former s. 901.33, and former s. 943.058, may lawfully
  887  deny or fail to acknowledge the arrests covered by the sealed
  888  record, except when the subject of the record:
  889         1. Is a candidate for employment with a criminal justice
  890  agency;
  891         2. Is a defendant in a criminal prosecution;
  892         3. Concurrently or subsequently petitions for relief under
  893  this section or s. 943.0585;
  894         4. Is a candidate for admission to The Florida Bar;
  895         5. Is seeking to be employed or licensed by or to contract
  896  with the Department of Children and Family Services, the Agency
  897  for Health Care Administration, the Agency for Persons with
  898  Disabilities, or the Department of Juvenile Justice or to be
  899  employed or used by such contractor or licensee in a sensitive
  900  position having direct contact with children, the
  901  developmentally disabled, the aged, or the elderly as provided
  902  in s. 110.1127(3), s. 393.063, s. 394.4572(1), s. 397.451, s.
  903  402.302(3), s. 402.313(3), s. 409.175(2)(i), s. 415.102(4), s.
  904  415.103, chapter 916, s. 985.644, chapter 400, or chapter 429;
  905         6. Is seeking to be employed or licensed by the Department
  906  of Education, any district school board, any university
  907  laboratory school, any charter school, any private or parochial
  908  school, or any local governmental entity that licenses child
  909  care facilities;
  910         7. Is attempting to purchase a firearm from a licensed
  911  importer, licensed manufacturer, or licensed dealer and is
  912  subject to a criminal history background check under state or
  913  federal law; or
  914         8. Is seeking authorization from a Florida seaport
  915  identified in s. 311.09 for employment within or access to one
  916  or more of such seaports pursuant to s. 311.12 or s. 311.125.
  917         Section 10. The Office of Drug Control shall commission an
  918  update of the Florida Seaport Security Assessment 2000
  919  referenced in s. 311.12(1)(a), Florida Statutes. The office
  920  shall consult with the Seaport Security Standards Advisory
  921  Council in forming the parameters of the update. The updated
  922  assessment shall be presented to the Legislature for review by
  923  January 1, 2010. Pursuant to s. 311.13, Florida Statutes, any
  924  records included in the assessment which are exempt from s.
  925  119.07(1), Florida Statutes, are exempt from disclosure.
  926         Section 11. The Department of Law Enforcement may create a
  927  pilot project of at least three seaports to perform the tasks
  928  required in subsections (6) and (7) of s. 311.12, Florida
  929  Statutes, as amended by this act. Equipment purchased by the
  930  state to implement the Florida Uniform Port Access Control
  931  system is transferred from the Department of Highway Safety and
  932  Motor Vehicles to the Department of Law Enforcement for use in
  933  the pilot project and to assist other seaports with compliance.
  934         Section 12. Paragraph (b) of subsection (10) of s. 311.12,
  935  Florida Statutes, as amended by this act, shall take effect only
  936  if SB 2162, or similar legislation is enacted in the same
  937  legislative session, or an extension thereof, and becomes law.
  938         Section 13. Except as otherwise expressly provided in this
  939  act, this act shall take effect July 1, 2009.