Florida Senate - 2009                      CS for CS for SB 2684
       
       
       
       By the Committees on Criminal Justice; Military Affairs and
       Domestic Security; and Military Affairs and Domestic Security
       
       
       
       591-05198-09                                          20092684c2
    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         (c)The provisions of s. 790.251 are not superseded,
  139  preempted, or otherwise modified in any way by the provisions of
  140  this section.
  141         (2)EXEMPTION.—The Department of Law Enforcement may exempt
  142  all or part of a seaport listed in s. 311.09 from the
  143  requirements of this section if the department determines that
  144  activity associated with the use of the seaport or part of the
  145  seaport is not vulnerable to criminal activity or terrorism. The
  146  department shall periodically review such exemptions to
  147  determine if there is a change in use. Such change may warrant
  148  removal of all or part of the exemption.
  149         (3)SECURITY PLAN.—Each seaport listed in s. 311.09 shall
  150  adopt and maintain a security plan specific to that seaport
  151  which provides for a secure seaport infrastructure that promotes
  152  the safety and security of state residents and visitors and the
  153  flow of legitimate trade and travel.
  154         (a)Beginning January 1, 2007, and every 5 years
  155  thereafter, each seaport director, with the assistance of the
  156  Regional Domestic Security Task Force and in conjunction with
  157  the United States Coast Guard, shall revise the seaport’s
  158  security plan based on the director’s ongoing assessment of
  159  security risks, the risks of terrorist activities, and the
  160  specific and identifiable needs of the seaport for ensuring that
  161  the seaport is in substantial compliance with the minimum
  162  security standards established under subsection (1).
  163         (b)Each adopted or revised security plan must be reviewed
  164  and approved by the Office of Drug Control and the Department of
  165  Law Enforcement for compliance with federal facility security
  166  assessment requirements under 33 C.F.R. s. 105.305 and the
  167  minimum security standards established under subsection (1).
  168  Within 30 days after completion, a copy of the written review
  169  shall be delivered to the United States Coast Guard, the
  170  Regional Domestic Security Task Force, and the Domestic Security
  171  Oversight Council.
  172         (4)SECURE AND RESTRICTED AREAS.—Each seaport listed in s.
  173  311.09 must clearly designate in seaport security plans, and
  174  clearly identify with appropriate signs and markers on the
  175  premises of a seaport, all secure and restricted areas as
  176  defined by the United State Department of Homeland Security
  177  United States Coast Guard Navigation and Vessel Inspection
  178  Circular No. 03-07 and 49 C.F.R. part 1572. The plans must also
  179  address access eligibility requirements and corresponding
  180  security enforcement authorizations.
  181         (a)The seaport’s security plan must set forth the
  182  conditions and restrictions to be imposed on persons employed
  183  at, doing business at, or visiting the seaport who have access
  184  to secure and restricted areas that are sufficient to provide
  185  substantial compliance with the minimum security standards
  186  established in subsection (1) and federal regulations.
  187         1.All seaport employees and other persons working at the
  188  seaport who have regular access to secure or restricted areas
  189  must comply with federal access control regulations and state
  190  criminal history checks as prescribed in this section.
  191         2.All persons and objects in secure and restricted areas
  192  are subject to search by a sworn state-certified law enforcement
  193  officer, a Class D seaport security officer certified under
  194  Maritime Transportation Security Act guidelines and s. 311.121,
  195  or an employee of the seaport security force certified under the
  196  Maritime Transportation Security Act guidelines and s. 311.121.
  197         3.Persons found in these areas without the proper
  198  permission are subject to the trespass provisions of ss. 810.08
  199  and 810.09.
  200         (c)As determined by the seaport director’s most current
  201  risk assessment report under paragraph (3)(a), any secure or
  202  restricted area that has a potential human occupancy of 50
  203  persons or more, any cruise terminal, or any business operation
  204  that is adjacent to a public access area must be protected from
  205  the most probable and credible terrorist threat to human life.
  206         (d)The seaport must provide clear notice of the
  207  prohibition against possession of concealed weapons and other
  208  contraband material on the premises of the seaport. Any person
  209  in a restricted area who has in his or her possession a
  210  concealed weapon, or who operates or has possession or control
  211  of a vehicle in or upon which a concealed weapon is placed or
  212  stored, commits a misdemeanor of the first degree, punishable as
  213  provided in s. 775.082 or s. 775.083. This paragraph does not
  214  apply to active-duty certified federal or state law enforcement
  215  personnel or persons so designated by the seaport director in
  216  writing.
  217         (e)During a period of high terrorist threat level, as
  218  designated by the United States Department of Homeland Security
  219  or the Department of Law Enforcement, or during an emergency
  220  declared at a port by the seaport security director due to
  221  events applicable to that particular seaport, the management or
  222  controlling authority of the port may temporarily designate any
  223  part of the seaport property as a secure or restricted area. The
  224  duration of such designation is limited to the period in which
  225  the high terrorist threat level is in effect or a port emergency
  226  exists.
  227         (5)ACCESS ELIGIBILITY REPORTING SYSTEM.—Subject to
  228  legislative appropriations, the Department of Law Enforcement
  229  shall administer a statewide seaport access eligibility
  230  reporting system.
  231         (a)The system must, at a minimum, include:
  232         1.A centralized, secure method of collecting and
  233  maintaining fingerprints, other biometric data, or other means
  234  of confirming the identity of persons authorized to enter a
  235  secure or restricted area of a seaport;
  236         2.A methodology for receiving from and transmitting
  237  information to each seaport regarding a person’s authority to
  238  enter a secure or restricted area of the seaport;
  239         3.A means for receiving prompt notification from a seaport
  240  when a person’s authorization to enter a secure or restricted
  241  area of a seaport has been suspended or revoked; and
  242         4.A means to communicate to seaports when a person’s
  243  authorization to enter a secure or restricted area of a seaport
  244  has been suspended or revoked.
  245         (b)Each seaport listed in s. 311.09 is responsible for
  246  granting, modifying, restricting, or denying access to secure
  247  and restricted areas to seaport employees, other persons working
  248  at the seaport, visitors who have business with the seaport, or
  249  other persons regularly appearing at the seaport. Based upon the
  250  person’s criminal history check, each seaport may determine the
  251  specific access eligibility to be granted to that person. Each
  252  seaport is responsible for access eligibility verification at
  253  its location.
  254         (c)Upon determining that a person is eligible to enter a
  255  secure or restricted area of a port pursuant to subsections (6)
  256  and (7), the seaport shall, within 3 business days, report the
  257  determination to the department for inclusion in the system.
  258         (d)All information submitted to the department regarding a
  259  person’s access eligibility screening may be retained by the
  260  department for subsequent use in promoting seaport security,
  261  including, but not limited to, the review of the person’s
  262  criminal history status to ensure that the person has not become
  263  disqualified for such access.
  264         (e)The following fees shall be paid by the seaport,
  265  another employing entity, or the person being entered into the
  266  system to the department or to the seaport if the seaport is
  267  acting as an agent of the department for the purpose of
  268  collecting the fees. Such fees may not be charged by more than
  269  one seaport.
  270         1.The cost of the state criminal history check under
  271  subsection (7).
  272         2.A $50 fee to cover the initial cost of entering the
  273  person into the system, and every 5 years thereafter to coincide
  274  with the issuance of the federal Transportation Worker
  275  Identification Credential described in subsection (6). The fee
  276  covers all costs for entering or maintaining the person in the
  277  system including the retention and use of their fingerprint,
  278  other biometric data, or other identifying information.
  279         3.The seaport entering the person into the system may
  280  charge an administrative fee to cover, but not exceed, the
  281  seaport’s actual administrative costs for processing the results
  282  of the state criminal history check and entering the person into
  283  the system.
  284         (f)All fees identified in paragraph (e) must be paid
  285  before the person may be granted access to a secure or
  286  restricted area. Failure to comply with the criminal history
  287  check or to pay the fees are grounds for immediate denial of
  288  access.
  289         (g)Persons, corporations, or other business entities that
  290  employ persons to work or do business at seaports shall notify
  291  the seaport of the termination, resignation, work-related
  292  incapacitation, or death of an employee who has access
  293  permission.
  294         1.If the seaport determines that the person has been
  295  employed by another appropriate entity or is self-employed for
  296  purposes of performing work at the seaport, the seaport may
  297  reinstate the person’s access eligibility.
  298         2.A business entity’s failure to report a change in an
  299  employee’s work status within 7 days after that change may
  300  result in revocation of the business entity’s access to the
  301  seaport.
  302         (h)In addition to access permissions granted or denied by
  303  seaports, access eligibility may be restricted or revoked by the
  304  department if there is a reasonable suspicion that the person is
  305  involved in terrorism or criminal violations that could affect
  306  the security of a port or otherwise render the person ineligible
  307  for seaport access.
  308         (i)Any suspension or revocation of port access must be
  309  reported by the seaport to the department within 24 hours.
  310         (j)The submission of information known to be false or
  311  misleading to the department for entry into the system is a
  312  felony of the third degree, punishable as provided in s.
  313  775.082, s. 775.083, or s. 775.084.
  314         (6)ACCESS TO SECURE AND RESTRICTED AREAS.—
  315         (a)Any person seeking authorization for unescorted access
  316  to secure and restricted areas of a seaport must, unless waived
  317  under paragraph (7)(e), possess a valid federal Transportation
  318  Worker Identification Credential (TWIC) and execute an affidavit
  319  under oath which provides TWIC identification information and
  320  indicates that:
  321         1.The TWIC is currently valid and in full force and
  322  effect;
  323         2.He or she did not receive the TWIC through the waiver
  324  process for disqualifying criminal history allowed by federal
  325  law; and
  326         3.He or she has not, in any jurisdiction, civilian or
  327  military, been charged with, been convicted of, entered a plea
  328  of guilty or nolo contendere to, regardless of adjudication, or
  329  been found not guilty by reason of insanity, of any
  330  disqualifying felony under subsection (7) or any crime which
  331  includes the use or possession of a firearm.
  332         (b)Upon submission of a completed affidavit as provided in
  333  paragraph (a), the completion of the state criminal history
  334  check as provided in subsection (7), and payment of all required
  335  fees under subsection (5), a seaport may grant the person access
  336  to secure or restricted areas of the port.
  337         (c)Any port granting a person access to secure or
  338  restricted areas shall report the grant of access to the
  339  Department of Law Enforcement for inclusion in the access
  340  eligibility reporting system under subsection (5) within 3
  341  business days.
  342         (d)The submission of false information on the affidavit
  343  required by this section is a felony of the third degree,
  344  punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
  345  Upon conviction for a violation of this provision, the person
  346  forfeits all privilege of access to secure or restricted areas
  347  of a seaport and is disqualified from future approval for access
  348  to such areas.
  349         (e)Any affidavit form created for use under this
  350  subsection must conspicuously state: “Submission of false
  351  information on this affidavit is a felony under Florida law and
  352  will, upon conviction, result in disqualification for access to
  353  a secure or restricted area of a seaport.”
  354         (f)Upon each 5-year renewal of a person’s TWIC, the person
  355  must submit another affidavit as required by this subsection.
  356         (7)CRIMINAL HISTORY SCREENING.—A fingerprint-based
  357  criminal history check must be performed on employee applicants,
  358  current employees, and other persons authorized to regularly
  359  enter a secure or restricted area, or the entire seaport if the
  360  seaport security plan does not designate one or more secure or
  361  restricted areas.
  362         (a)A person is disqualified from employment or unescorted
  363  access if the person:
  364         1.Was convicted of, or entered a plea of guilty or nolo
  365  contendere to, regardless of adjudication, any of the offenses
  366  listed in paragraph (b) in any jurisdiction, civilian or
  367  military, during the 7 years before the date of the person’s
  368  application for access; or
  369         2.Was released from incarceration, or any supervision
  370  imposed as a result of sentencing, for committing any of the
  371  disqualifying crimes listed in paragraph (b) in any
  372  jurisdiction, civilian or military, during the 5 years before
  373  the date of the person’s application for access.
  374         (b)The disqualifying offenses include:
  375         1.An act of terrorism as defined in s. 775.30.
  376         2.A violation involving a weapon of mass destruction or
  377  hoax weapon of mass destruction as provided in s. 790.166.
  378         3.Planting of a hoax bomb as provided in s. 790.165.
  379         4.A violation of s. 876.02 or 876.36.
  380         5.A violation of s. 860.065.
  381         6.Trafficking as provided in s. 893.135.
  382         7.Racketeering activity as provided in s. 895.03.
  383         8.Dealing in stolen property as provided in s. 812.019.
  384         9.Money laundering as provided in s. 896.101.
  385         10.Criminal use of personal identification as provided in
  386  s. 817.568.
  387         11.Bribery as provided in s. 838.015.
  388         12.A violation of s. 316.302, relating to the transport of
  389  hazardous materials.
  390         13.A forcible felony as defined in s. 776.08.
  391         14.A violation of s. 790.07.
  392         15.Any crime which includes the use or possession of a
  393  firearm.
  394         16.A felony violation for theft as provided in s. 812.014.
  395         17.Robbery as provided in s. 812.13.
  396         18.Burglary as provided in s. 810.02.
  397         19.Any violation involving the sale, manufacture,
  398  delivery, or possession with intent to sell, manufacture, or
  399  deliver a controlled substance.
  400         20.Any offense under the laws of another jurisdiction that
  401  is similar to an offense in this list.
  402         21.Conspiracy or attempt to commit any of the listed
  403  offenses.
  404         (c)Each individual who is subject to a criminal history
  405  check shall file a complete set of fingerprints taken in a
  406  manner acceptable to the Department of Law Enforcement for state
  407  processing. The results of the criminal history check must be
  408  reported to the requesting seaport and may be shared among
  409  seaports.
  410         (d)All fingerprints submitted to the Department of Law
  411  Enforcement shall be retained by the department and entered into
  412  the statewide automated fingerprint identification system
  413  established in s. 943.05(2)(b) and available for use in
  414  accordance with s. 943.05(2)(g) and (h). An arrest record that
  415  is identified with the retained fingerprints of a person subject
  416  to the screening shall be reported to the seaport where the
  417  person has been granted access to a secure or restricted area.
  418  If the fingerprints of a person who has been granted access were
  419  not retained, or are otherwise not suitable for use by the
  420  department, the person must be refingerprinted in a manner that
  421  allows the department to perform its functions as provided
  422  herein.
  423         (e)The Department of Law Enforcement shall establish a
  424  waiver process for an individual who does not have a TWIC,
  425  obtained a TWIC though a federal waiver process, or is found to
  426  be unqualified under paragraph (a) and denied employment by a
  427  seaport or unescorted access to secure or restricted areas.
  428         1.Consideration for a waiver shall be based on the
  429  circumstances of any disqualifying act or offense, restitution
  430  made by the individual, and other factors from which it may be
  431  determined that the individual does not pose a risk of engaging
  432  in any act within the public seaports regulated under this
  433  chapter which poses a risk to or threatens the security of the
  434  seaport and the public’s health, safety, or welfare.
  435         2.The waiver process begins when an individual who has
  436  been denied initial employment within or unescorted access to
  437  secure or restricted areas of a public seaport submits an
  438  application for a waiver and a notarized letter or affidavit
  439  from the individual’s employer or union representative which
  440  states the mitigating reasons for initiating the waiver process.
  441         3.Within 90 days after receipt of the application, the
  442  administrative staff of the Parole Commission shall conduct a
  443  factual review of the waiver application. Findings of fact shall
  444  be transmitted to the department for review. The department
  445  shall make a copy of those findings available to the applicant
  446  before final disposition of the waiver request.
  447         4.The department shall make a final disposition of the
  448  waiver request based on the factual findings of the
  449  investigation by the Parole Commission. The department shall
  450  notify the waiver applicant of the final disposition of the
  451  waiver.
  452         5.The review process under this paragraph is exempt from
  453  chapter 120.
  454         6.By October 1 of each year, each seaport shall report to
  455  the department each instance of denial of employment within, or
  456  access to, secure or restricted areas, and each instance waiving
  457  an appeal of a denial occurring during the last 12 months. The
  458  report must include the identity of the individual affected, the
  459  factors supporting the denial or waiver, and any other material
  460  factors used to make the determination.
  461         (f)In addition to the waiver procedure established by the
  462  Department of Law Enforcement under paragraph (e), each seaport
  463  security plan may establish a procedure to appeal a denial of
  464  employment or access based upon procedural inaccuracies or
  465  discrepancies regarding criminal history factors established
  466  pursuant to this subsection.
  467         (g)Each seaport may allow immediate waivers on a temporary
  468  basis to meet special or emergency needs of the seaport or its
  469  users. Policies, procedures, and criteria for implementation of
  470  this provision must be included in the seaport security plan.
  471  All waivers granted by the seaports pursuant to this paragraph
  472  must be reported to the department within 30 days after
  473  issuance.
  474         (8)WAIVER FROM SECURITY REQUIREMENTS.—The Office of Drug
  475  Control and the Department of Law Enforcement may modify or
  476  waive any physical facility requirement or other requirement
  477  contained in the minimum security standards upon a determination
  478  that the purposes of the standards have been reasonably met or
  479  exceeded by the seaport requesting the modification or waiver.
  480  An alternate means of compliance must not diminish the safety or
  481  security of the seaport and must be verified through an
  482  extensive risk analysis conducted by the seaport director.
  483         (a)Waiver requests shall be submitted in writing, along
  484  with supporting documentation, to the Office of Drug Control and
  485  the Department of Law Enforcement. The office and the department
  486  have 90 days to jointly grant or reject the waiver, in whole or
  487  in part.
  488         (b)The seaport may submit any waivers that are not granted
  489  or are jointly rejected to the Domestic Security Oversight
  490  Council for review within 90 days. The council shall recommend
  491  that the Office of Drug Control and the Department of Law
  492  Enforcement grant the waiver or reject the waiver, in whole or
  493  in part. The office and the department shall give great weight
  494  to the council’s recommendations.
  495         (c)A request seeking a waiver from the seaport law
  496  enforcement personnel standards established under s. 311.122(3)
  497  may not be granted for percentages below 10 percent.
  498         (d)Any modifications or waivers granted under this
  499  subsection shall be noted in the annual report submitted by the
  500  Department of Law Enforcement pursuant to subsection (10).
  501         (9)INSPECTIONS.—It is the intent of the Legislature that
  502  the state’s seaports adhere to security practices that are
  503  consistent with the risks assigned to each seaport through the
  504  ongoing risk assessment process established in paragraph (3)(a).
  505         (a)The Department of Law Enforcement, or any entity
  506  designated by the department, shall conduct at least one annual
  507  unannounced inspection of each seaport to determine whether the
  508  seaport is meeting the minimum security standards established
  509  pursuant to subsection (1), and to identify seaport security
  510  changes or improvements needed or otherwise recommended.
  511         (b)The Department of Law Enforcement, or any entity
  512  designated by the department, may conduct additional announced
  513  or unannounced inspections or operations within or affecting any
  514  seaport to test compliance with, or the effectiveness of,
  515  security plans and operations at each seaport, to determine
  516  compliance with physical facility requirements and standards, or
  517  to assist the department in identifying changes or improvements
  518  needed to bring a seaport into compliance with minimum security
  519  standards.
  520         (c)Within 30 days after completing the inspection report,
  521  the department shall submit a copy of the report to the Domestic
  522  Security Oversight Council.
  523         (d)A seaport may request that the Domestic Security
  524  Oversight Council review the findings in the department’s report
  525  as they relate to the requirements of this section. The council
  526  may review only those findings that are in dispute by the
  527  seaport. In reviewing the disputed findings, the council may
  528  concur in the findings of the department or the seaport, or may
  529  recommend corrective action to the seaport. The department and
  530  the seaport shall give great weight to the council’s findings
  531  and recommendations.
  532         (e)All seaports shall allow the Department of Law
  533  Enforcement, or entity designated by the department, unimpeded
  534  access to affected areas and facilities for the purpose of plan
  535  or compliance inspections or other operations authorized by this
  536  section.
  537         (10)REPORTS.—
  538         (a)The Department of Law Enforcement, in consultation with
  539  the Office of Drug Control, shall annually complete a report
  540  indicating the observations and findings of all reviews,
  541  inspections, or other operations relating to the seaports
  542  conducted during the year and any recommendations resulting from
  543  such reviews, inspections, and operations. A copy of the report
  544  shall be provided to the Governor, the President of the Senate,
  545  the Speaker of the House of Representatives, the governing body
  546  of each seaport or seaport authority, and each seaport director.
  547  The report must include each director’s response indicating what
  548  actions, if any, have been taken or are planned to be taken
  549  pursuant to the observations, findings, and recommendations
  550  reported by the department.
  551         (b)After the Department of Law Enforcement completes the
  552  annual inspection report in paragraph (a), the department shall
  553  provide an assessment briefing to the board members of the
  554  governing authority of each seaport and to the local regional
  555  domestic security task force co-chairs. The briefing must
  556  address the findings from the inspections, areas of concern, and
  557  recommendations for improvements.
  558         1.The department shall provide at least one assessment
  559  briefing per year to the board during a meeting of the board.
  560  The board must make transcripts and audio recordings of all
  561  proceedings during such briefings.
  562         2.Each board member of a governing authority having
  563  responsibility for seaport oversight or operations must attend
  564  the assessment briefings. All attendance records shall be
  565  published and announced at the next regular meeting of the
  566  board.
  567         (11)FUNDING.—
  568         (a)In making decisions regarding security projects or
  569  other funding applicable to each seaport listed in s. 311.09,
  570  the Legislature may consider the Department of Law Enforcement’s
  571  annual report under subsection (10) as authoritative, especially
  572  regarding each seaport’s degree of substantial compliance with
  573  the minimum security standards established in subsection (1).
  574         (b)The Legislature shall regularly review the ongoing
  575  costs of operational security on seaports, the impacts of this
  576  section on those costs, mitigating factors that may reduce costs
  577  without reducing security, and the methods by which seaports may
  578  implement operational security using a combination of sworn law
  579  enforcement officers and private security services.
  580         (c)Subject to the provisions of this chapter and
  581  appropriations made for seaport security, state funds may not be
  582  expended for security costs without certification of need for
  583  such expenditures by the Office of Ports Administrator within
  584  the Department of Law Enforcement.
  585         (d)If funds are appropriated for seaport security, the
  586  Office of Drug Control, the Department of Law Enforcement, and
  587  the Florida Seaport Transportation and Economic Development
  588  Council shall mutually determine the allocation of such funds
  589  for security project needs identified in the approved seaport
  590  security plans. Any seaport that receives state funds for
  591  security projects must enter into a joint participation
  592  agreement with the appropriate state entity and use the seaport
  593  security plan as the basis for the agreement.
  594         1.If funds are made available over more than 1 fiscal
  595  year, the agreement must reflect the entire scope of the project
  596  approved in the security plan and, as practicable, allow for
  597  reimbursement for authorized projects over more than 1 year.
  598         2.The agreement may include specific timeframes for
  599  completion of a security project and the applicable funding
  600  reimbursement dates. The agreement may also require a
  601  contractual penalty of up to $1,000 per day to be imposed for
  602  failure to meet project completion dates if state funding is
  603  available. Any such penalty shall be deposited into the State
  604  Transportation Trust Fund and used for seaport security
  605  operations and capital improvements.
  606         Section 3. Sections 311.111 and 311.125, Florida Statutes,
  607  are repealed.
  608         Section 4. Subsection (3) of section 311.121, Florida
  609  Statutes, is amended to read:
  610         311.121 Qualifications, training, and certification of
  611  licensed security officers at Florida seaports.—
  612         (3)(a) The Seaport Security Officer Qualification,
  613  Training, and Standards Coordinating Council is created under
  614  the Department of Law Enforcement.
  615         (a)(b)1. The executive director of the Department of Law
  616  Enforcement shall appoint 11 members to the council to which
  617  shall include:
  618         1.a. The seaport administrator of the Department of Law
  619  Enforcement.
  620         2.b. The Commissioner of Education or designee chancellor
  621  of the Community College System.
  622         3.c. The director of the Division of Licensing of the
  623  Department of Agriculture and Consumer Services.
  624         4.d. The administrator of the Florida Seaport
  625  Transportation and Economic Development Council.
  626         5.e. Two seaport security directors from seaports
  627  designated under s. 311.09.
  628         6.f. One director of a state law enforcement academy.
  629         7.g. One representative of a local law enforcement agency.
  630         8.h. Two representatives of contract security services.
  631         9.i. One representative of the Division of Driver Licenses
  632  of the Department of Highway Safety and Motor Vehicles.
  633         (b)2. In addition to the members designated in paragraph
  634  (a) subparagraph 1., the executive director may invite a
  635  representative of the United States Coast Guard to attend and
  636  participate in council meetings as an ex officio, nonvoting
  637  member of the council.
  638         (c) Council members designated under subparagraphs (a)1.-4.
  639  in sub-subparagraphs (b)1.a.-d. shall serve for the duration of
  640  their employment or appointment. Council members designated
  641  under subparagraphs (b)5.-9. sub-subparagraphs (b)1.e.-i. shall
  642  be appointed for serve 4-year terms, except that the initial
  643  appointment for the representative of a local law enforcement
  644  agency, one representative of a contract security agency, and
  645  one seaport security director from a seaport designated in s.
  646  311.09 shall be appointed for 2-year terms serve for terms of 2
  647  years.
  648         (d) The chancellor of the Community College System shall
  649  serve as chair of the council.
  650         (e) The council shall meet upon the call of the chair, and
  651  at least once a year to update or modify curriculum
  652  recommendations.
  653         (f) Council members shall serve without pay; however, per
  654  diem and travel allowances may be claimed for attendance of
  655  officially called meetings as provided by s. 112.061.
  656         (g) By December 1, 2006, The council shall identify the
  657  qualifications, training, and standards for seaport security
  658  officer certification and recommend a curriculum for the seaport
  659  security officer training program that includes at least shall
  660  include no less than 218 hours of initial certification training
  661  and that conforms to or exceeds model courses approved under by
  662  the Federal Maritime Act under s. 109 of the Federal Maritime
  663  Transportation Security Act of 2002 for facility personnel with
  664  specific security duties.
  665         1.(h) The council may recommend training equivalencies that
  666  may be substituted for portions of the required training.
  667         2.(i) The council shall recommend a continuing education
  668  curriculum of at least no less than 8 hours of additional
  669  training for each annual licensing period.
  670         Section 5. Section 311.123, Florida Statutes, is amended to
  671  read:
  672         311.123 Maritime domain security awareness training
  673  program.—
  674         (1) The Florida Seaport Transportation and Economic
  675  Development Council, in conjunction with the Department of Law
  676  Enforcement and the Office of Drug Control within the Executive
  677  Office of the Governor, shall create a maritime domain security
  678  awareness training program to instruct all personnel employed
  679  within a seaport’s boundaries about the security procedures
  680  required of them for implementation of the seaport security plan
  681  required under s. 311.12(3).
  682         (2) The training program curriculum must include security
  683  training required pursuant to 33 C.F.R. part 105 and must be
  684  designed to enable the seaports in this state to meet the
  685  training, drill, and exercise requirements of 33 C.F.R. part 105
  686  and individual seaport security plans and to otherwise comply
  687  with the requirements of s. 311.12 relating to security
  688  awareness.
  689         Section 6. Subsection (1) of section 311.124, Florida
  690  Statutes, is amended to read:
  691         311.124 Trespassing; detention by a certified seaport
  692  security officer.—
  693         (1) Any Class D or Class G seaport security officer
  694  certified under the Maritime Transportation Security Act
  695  guidelines and s. 311.121 or any employee of the seaport
  696  security force certified under the Maritime Transportation
  697  Security Act guidelines and s. 311.121 who has probable cause to
  698  believe that a person is trespassing pursuant to the provisions
  699  of s. 810.08 or s. 810.09 or this chapter in a designated secure
  700  or restricted area pursuant to s. 311.12(4) s. 311.111 is
  701  authorized to detain such person in a reasonable manner for a
  702  reasonable period of time pending the arrival of a law
  703  enforcement officer, and such action does shall not render the
  704  security officer criminally or civilly liable for false arrest,
  705  false imprisonment, or unlawful detention.
  706         Section 7. Section 311.13, Florida Statutes, is amended to
  707  read:
  708         311.13 Certain information exempt from disclosure.—Seaport
  709  security plans of a seaport authority created pursuant to s.
  710  311.12 by act of the Legislature or of a seaport department of a
  711  county or municipality that operates an international seaport
  712  are exempt from s. 119.07(1) and s. 24(a), Art. I of the State
  713  Constitution. In addition, photographs, maps, blueprints,
  714  drawings, and similar materials that depict critical seaport
  715  operating facilities are exempt from s. 119.07(1) and s. 24(a),
  716  Art. I of the State Constitution, to the extent that a seaport
  717  authority created by act of the Legislature or a seaport
  718  department of a county or municipality that operates a seaport
  719  reasonably determines that such items contain information that
  720  is not generally known and that could jeopardize the security of
  721  the seaport; however, information relating to real estate
  722  leases, layout plans, blueprints, or information relevant
  723  thereto, is not to be included in this exemption. The exemptions
  724  in this section are applicable only to records held by a seaport
  725  authority created by act of the Legislature or to records of a
  726  county or municipal seaport department that operates a seaport.
  727         Section 8. Paragraph (a) of subsection (4) of section
  728  943.0585, Florida Statutes, is amended to read:
  729         943.0585 Court-ordered expunction of criminal history
  730  records.—The courts of this state have jurisdiction over their
  731  own procedures, including the maintenance, expunction, and
  732  correction of judicial records containing criminal history
  733  information to the extent such procedures are not inconsistent
  734  with the conditions, responsibilities, and duties established by
  735  this section. Any court of competent jurisdiction may order a
  736  criminal justice agency to expunge the criminal history record
  737  of a minor or an adult who complies with the requirements of
  738  this section. The court shall not order a criminal justice
  739  agency to expunge a criminal history record until the person
  740  seeking to expunge a criminal history record has applied for and
  741  received a certificate of eligibility for expunction pursuant to
  742  subsection (2). A criminal history record that relates to a
  743  violation of s. 393.135, s. 394.4593, s. 787.025, chapter 794,
  744  s. 796.03, s. 800.04, s. 810.14, s. 817.034, s. 825.1025, s.
  745  827.071, chapter 839, s. 847.0133, s. 847.0135, s. 847.0145, s.
  746  893.135, s. 916.1075, a violation enumerated in s. 907.041, or
  747  any violation specified as a predicate offense for registration
  748  as a sexual predator pursuant to s. 775.21, without regard to
  749  whether that offense alone is sufficient to require such
  750  registration, or for registration as a sexual offender pursuant
  751  to s. 943.0435, may not be expunged, without regard to whether
  752  adjudication was withheld, if the defendant was found guilty of
  753  or pled guilty or nolo contendere to the offense, or if the
  754  defendant, as a minor, was found to have committed, or pled
  755  guilty or nolo contendere to committing, the offense as a
  756  delinquent act. The court may only order expunction of a
  757  criminal history record pertaining to one arrest or one incident
  758  of alleged criminal activity, except as provided in this
  759  section. The court may, at its sole discretion, order the
  760  expunction of a criminal history record pertaining to more than
  761  one arrest if the additional arrests directly relate to the
  762  original arrest. If the court intends to order the expunction of
  763  records pertaining to such additional arrests, such intent must
  764  be specified in the order. A criminal justice agency may not
  765  expunge any record pertaining to such additional arrests if the
  766  order to expunge does not articulate the intention of the court
  767  to expunge a record pertaining to more than one arrest. This
  768  section does not prevent the court from ordering the expunction
  769  of only a portion of a criminal history record pertaining to one
  770  arrest or one incident of alleged criminal activity.
  771  Notwithstanding any law to the contrary, a criminal justice
  772  agency may comply with laws, court orders, and official requests
  773  of other jurisdictions relating to expunction, correction, or
  774  confidential handling of criminal history records or information
  775  derived therefrom. This section does not confer any right to the
  776  expunction of any criminal history record, and any request for
  777  expunction of a criminal history record may be denied at the
  778  sole discretion of the court.
  779         (4) EFFECT OF CRIMINAL HISTORY RECORD EXPUNCTION.—Any
  780  criminal history record of a minor or an adult which is ordered
  781  expunged by a court of competent jurisdiction pursuant to this
  782  section must be physically destroyed or obliterated by any
  783  criminal justice agency having custody of such record; except
  784  that any criminal history record in the custody of the
  785  department must be retained in all cases. A criminal history
  786  record ordered expunged that is retained by the department is
  787  confidential and exempt from the provisions of s. 119.07(1) and
  788  s. 24(a), Art. I of the State Constitution and not available to
  789  any person or entity except upon order of a court of competent
  790  jurisdiction. A criminal justice agency may retain a notation
  791  indicating compliance with an order to expunge.
  792         (a) The person who is the subject of a criminal history
  793  record that is expunged under this section or under other
  794  provisions of law, including former s. 893.14, former s. 901.33,
  795  and former s. 943.058, may lawfully deny or fail to acknowledge
  796  the arrests covered by the expunged record, except when the
  797  subject of the record:
  798         1. Is a candidate for employment with a criminal justice
  799  agency;
  800         2. Is a defendant in a criminal prosecution;
  801         3. Concurrently or subsequently petitions for relief under
  802  this section or s. 943.059;
  803         4. Is a candidate for admission to The Florida Bar;
  804         5. Is seeking to be employed or licensed by or to contract
  805  with the Department of Children and Family Services, the Agency
  806  for Health Care Administration, the Agency for Persons with
  807  Disabilities, or the Department of Juvenile Justice or to be
  808  employed or used by such contractor or licensee in a sensitive
  809  position having direct contact with children, the
  810  developmentally disabled, the aged, or the elderly as provided
  811  in s. 110.1127(3), s. 393.063, s. 394.4572(1), s. 397.451, s.
  812  402.302(3), s. 402.313(3), s. 409.175(2)(i), s. 415.102(4),
  813  chapter 916, s. 985.644, chapter 400, or chapter 429;
  814         6. Is seeking to be employed or licensed by the Department
  815  of Education, any district school board, any university
  816  laboratory school, any charter school, any private or parochial
  817  school, or any local governmental entity that licenses child
  818  care facilities; or
  819         7. Is seeking authorization from a Florida seaport listed
  820  identified in s. 311.09 for employment within or access to one
  821  or more of such seaports pursuant to s. 311.12 or s. 311.125.
  822         Section 9. Paragraph (a) of subsection (4) of section
  823  943.059, Florida Statutes, is amended to read:
  824         943.059 Court-ordered sealing of criminal history records.
  825  The courts of this state shall continue to have jurisdiction
  826  over their own procedures, including the maintenance, sealing,
  827  and correction of judicial records containing criminal history
  828  information to the extent such procedures are not inconsistent
  829  with the conditions, responsibilities, and duties established by
  830  this section. Any court of competent jurisdiction may order a
  831  criminal justice agency to seal the criminal history record of a
  832  minor or an adult who complies with the requirements of this
  833  section. The court shall not order a criminal justice agency to
  834  seal a criminal history record until the person seeking to seal
  835  a criminal history record has applied for and received a
  836  certificate of eligibility for sealing pursuant to subsection
  837  (2). A criminal history record that relates to a violation of s.
  838  393.135, s. 394.4593, s. 787.025, chapter 794, s. 796.03, s.
  839  800.04, s. 810.14, s. 817.034, s. 825.1025, s. 827.071, chapter
  840  839, s. 847.0133, s. 847.0135, s. 847.0145, s. 893.135, s.
  841  916.1075, a violation enumerated in s. 907.041, or any violation
  842  specified as a predicate offense for registration as a sexual
  843  predator pursuant to s. 775.21, without regard to whether that
  844  offense alone is sufficient to require such registration, or for
  845  registration as a sexual offender pursuant to s. 943.0435, may
  846  not be sealed, without regard to whether adjudication was
  847  withheld, if the defendant was found guilty of or pled guilty or
  848  nolo contendere to the offense, or if the defendant, as a minor,
  849  was found to have committed or pled guilty or nolo contendere to
  850  committing the offense as a delinquent act. The court may only
  851  order sealing of a criminal history record pertaining to one
  852  arrest or one incident of alleged criminal activity, except as
  853  provided in this section. The court may, at its sole discretion,
  854  order the sealing of a criminal history record pertaining to
  855  more than one arrest if the additional arrests directly relate
  856  to the original arrest. If the court intends to order the
  857  sealing of records pertaining to such additional arrests, such
  858  intent must be specified in the order. A criminal justice agency
  859  may not seal any record pertaining to such additional arrests if
  860  the order to seal does not articulate the intention of the court
  861  to seal records pertaining to more than one arrest. This section
  862  does not prevent the court from ordering the sealing of only a
  863  portion of a criminal history record pertaining to one arrest or
  864  one incident of alleged criminal activity. Notwithstanding any
  865  law to the contrary, a criminal justice agency may comply with
  866  laws, court orders, and official requests of other jurisdictions
  867  relating to sealing, correction, or confidential handling of
  868  criminal history records or information derived therefrom. This
  869  section does not confer any right to the sealing of any criminal
  870  history record, and any request for sealing a criminal history
  871  record may be denied at the sole discretion of the court.
  872         (4) EFFECT OF CRIMINAL HISTORY RECORD SEALING.—A criminal
  873  history record of a minor or an adult which is ordered sealed by
  874  a court of competent jurisdiction pursuant to this section is
  875  confidential and exempt from the provisions of s. 119.07(1) and
  876  s. 24(a), Art. I of the State Constitution and is available only
  877  to the person who is the subject of the record, to the subject’s
  878  attorney, to criminal justice agencies for their respective
  879  criminal justice purposes, which include conducting a criminal
  880  history background check for approval of firearms purchases or
  881  transfers as authorized by state or federal law, to judges in
  882  the state courts system for the purpose of assisting them in
  883  their case-related decisionmaking responsibilities, as set forth
  884  in s. 943.053(5), or to those entities set forth in
  885  subparagraphs (a)1., 4., 5., 6., and 8. for their respective
  886  licensing, access authorization, and employment purposes.
  887         (a) The subject of a criminal history record sealed under
  888  this section or under other provisions of law, including former
  889  s. 893.14, former s. 901.33, and former s. 943.058, may lawfully
  890  deny or fail to acknowledge the arrests covered by the sealed
  891  record, except when the subject of the record:
  892         1. Is a candidate for employment with a criminal justice
  893  agency;
  894         2. Is a defendant in a criminal prosecution;
  895         3. Concurrently or subsequently petitions for relief under
  896  this section or s. 943.0585;
  897         4. Is a candidate for admission to The Florida Bar;
  898         5. Is seeking to be employed or licensed by or to contract
  899  with the Department of Children and Family Services, the Agency
  900  for Health Care Administration, the Agency for Persons with
  901  Disabilities, or the Department of Juvenile Justice or to be
  902  employed or used by such contractor or licensee in a sensitive
  903  position having direct contact with children, the
  904  developmentally disabled, the aged, or the elderly as provided
  905  in s. 110.1127(3), s. 393.063, s. 394.4572(1), s. 397.451, s.
  906  402.302(3), s. 402.313(3), s. 409.175(2)(i), s. 415.102(4), s.
  907  415.103, chapter 916, s. 985.644, chapter 400, or chapter 429;
  908         6. Is seeking to be employed or licensed by the Department
  909  of Education, any district school board, any university
  910  laboratory school, any charter school, any private or parochial
  911  school, or any local governmental entity that licenses child
  912  care facilities;
  913         7. Is attempting to purchase a firearm from a licensed
  914  importer, licensed manufacturer, or licensed dealer and is
  915  subject to a criminal history background check under state or
  916  federal law; or
  917         8. Is seeking authorization from a Florida seaport
  918  identified in s. 311.09 for employment within or access to one
  919  or more of such seaports pursuant to s. 311.12 or s. 311.125.
  920         Section 10. The Office of Drug Control shall commission an
  921  update of the Florida Seaport Security Assessment 2000
  922  referenced in s. 311.12(1)(a), Florida Statutes. The office
  923  shall consult with the Seaport Security Standards Advisory
  924  Council in forming the parameters of the update. The updated
  925  assessment shall be presented to the Legislature for review by
  926  January 1, 2010. Pursuant to s. 311.13, Florida Statutes, any
  927  records included in the assessment which are exempt from s.
  928  119.07(1), Florida Statutes, are exempt from disclosure.
  929         Section 11. The Department of Law Enforcement may create a
  930  pilot project of at least three seaports to perform the tasks
  931  required in subsections (6) and (7) of s. 311.12, Florida
  932  Statutes, as amended by this act. Equipment purchased by the
  933  state to implement the Florida Uniform Port Access Control
  934  system is transferred from the Department of Highway Safety and
  935  Motor Vehicles to the Department of Law Enforcement for use in
  936  the pilot project and to assist other seaports with compliance.
  937         Section 12. Paragraph (b) of subsection (10) of s. 311.12,
  938  Florida Statutes, as amended by this act, shall take effect only
  939  if SB 2162, or similar legislation is enacted in the same
  940  legislative session, or an extension thereof, and becomes law.
  941         Section 13. Except as otherwise expressly provided in this
  942  act, this act shall take effect July 1, 2009.