CS/CS/CS/HB 283

1
A bill to be entitled
2An act relating to seaports; amending s. 311.12, F.S.;
3deleting provisions relating to statewide minimum
4standards for seaport security; deleting provisions
5authorizing the Department of Law Enforcement to exempt
6all or part of a seaport from specified requirements in
7certain circumstances; revising provisions relating to
8seaport security plans; revising requirements for certain
9secure or restricted areas; revising provisions relating
10to when a part of a seaport property may temporarily be
11designated as a secure or restricted area; deleting
12provisions requiring that the Department of Law
13Enforcement administer a statewide seaport access
14eligibility reporting system; deleting provisions
15requiring that persons seeking authorization to access
16secure and restricted areas of a seaport execute an
17affidavit; prohibiting a seaport from charging any fee for
18administration or production of access control credentials
19that require or are associated with a fingerprint-based
20background check, in addition to the fee for the federal
21TWIC; providing exceptions; providing for issuance of
22seaport-specific access credentials; deleting provisions
23requiring fingerprint-based state criminal history checks
24on seaport employee applicants, current employees, and
25other authorized persons; deleting provisions authorizing
26waivers from security requirements in certain
27circumstances; deleting provisions relating to
28inspections; deleting reporting requirements; deleting the
29provisions relating to the allocation of appropriated
30funds for security project needs; amending s. 311.121,
31F.S.; conforming provisions to changes made by the act;
32amending s. 311.123, F.S.; revising who may create a
33maritime domain security awareness training program;
34conforming provisions to changes made by the act; amending
35s. 311.124, F.S.; conforming provisions to changes made by
36the act; repealing s. 311.115, F.S., relating to the
37Seaport Security Standards Advisory Council; amending s.
38310.002, F.S.; redefining the term "port" for specified
39provisions to include Port Citrus; amending s. 311.09,
40F.S.; including a representative of Port Citrus as a
41member of the Florida Seaport Transportation and Economic
42Development Council; amending s. 374.976, F.S.; including
43Port Citrus in provisions relating to the authority of
44inland navigation districts; amending s. 403.021, F.S.;
45including Port Citrus in legislative declarations relating
46to environmental control; amending s. 403.061, F.S.;
47including Port Citrus in provisions relating to powers of
48the Department of Environmental Protection; amending s.
49403.813, F.S.; including Port Citrus in provisions
50relating to permits issued at Department of Environmental
51Protection district centers; amending s. 403.816, F.S.;
52including Port Citrus in provisions relating to certain
53maintenance projects at deepwater ports and beach
54restoration projects; providing an effective date.
55
56Be It Enacted by the Legislature of the State of Florida:
57
58     Section 1.  Section 311.12, Florida Statutes, is amended to
59read:
60     311.12  Seaport security.-
61     (1)  SECURITY STANDARDS.-
62     (a)  The statewide minimum standards for seaport security
63applicable to seaports listed in s. 311.09 shall be those based
64on the Florida Seaport Security Assessment 2000 and set forth in
65the Port Security Standards Compliance Plan delivered to the
66Speaker of the House of Representatives and the President of the
67Senate on December 11, 2000. The Office of Drug Control within
68the Executive Office of the Governor shall maintain a sufficient
69number of copies of the standards at its offices for
70distribution to the public and provide copies to each affected
71seaport upon request.
72     (a)(b)  A seaport may implement security measures that are
73more stringent, more extensive, or supplemental to the
74applicable federal security regulations, including federal
75facility security assessment requirements under 33 C.F.R. s.
76105.305 minimum security standards established by this
77subsection.
78     (b)(c)  The provisions of s. 790.251 are not superseded,
79preempted, or otherwise modified in any way by the provisions of
80this section.
81     (2)  EXEMPTION.-The Department of Law Enforcement may
82exempt all or part of a seaport listed in s. 311.09 from the
83requirements of this section if the department determines that
84activity associated with the use of the seaport or part of the
85seaport is not vulnerable to criminal activity or terrorism. The
86department shall periodically review such exemptions to
87determine if there is a change in use. Such change may warrant
88removal of all or part of the exemption.
89     (2)(3)  SECURITY PLAN.-
90     (a)  Each seaport listed in s. 311.09 shall adopt and
91maintain a security plan specific to that seaport which provides
92for a secure seaport infrastructure that promotes the safety and
93security of state residents and visitors and the flow of
94legitimate trade and travel.
95     (b)(a)  Each seaport Every 5 years after January 1, 2007,
96each seaport director, with the assistance of the Regional
97Domestic Security Task Force and in conjunction with the United
98States Coast Guard, shall periodically revise the seaport's
99security plan based on the seaport's director's ongoing
100assessment of security risks, the risks of terrorist activities,
101and the specific and identifiable needs of the seaport for
102ensuring that the seaport is in substantial compliance with
103applicable federal security regulations, including federal
104facility security assessment requirements under 33 C.F.R. s.
105105.305 the minimum security standards established under
106subsection (1).
107     (b)  Each adopted or revised security plan must be reviewed
108and approved by the Office of Drug Control and the Department of
109Law Enforcement for compliance with federal facility security
110assessment requirements under 33 C.F.R. s. 105.305 and the
111minimum security standards established under subsection (1).
112Within 30 days after completion, a copy of the written review
113shall be delivered to the United States Coast Guard, the
114Regional Domestic Security Task Force, and the Domestic Security
115Oversight Council.
116     (3)(4)  SECURE AND RESTRICTED AREAS.-Each seaport listed in
117s. 311.09 must clearly designate in seaport security plans, and
118clearly identify with appropriate signs and markers on the
119premises of a seaport, all secure and restricted areas as
120defined by 33 C.F.R. part 105 the United States Department of
121Homeland Security-United States Coast Guard Navigation and
122Vessel Inspection Circular No. 03-07 and 49 C.F.R. part 1572.
123The plans must also address access eligibility requirements and
124corresponding security enforcement authorizations.
125     (a)  The seaport's security plan must set forth the
126conditions and restrictions to be imposed on persons employed
127at, doing business at, or visiting the seaport who have access
128to secure and restricted areas which are sufficient to provide
129substantial compliance with the minimum security standards
130established in subsection (1) and federal regulations.
131     1.  All seaport employees and other persons working at the
132seaport who have regular access to secure or restricted areas
133must comply with federal access control regulations and state
134criminal history checks as prescribed in this section.
135     2.  All persons and objects in secure and restricted areas
136are subject to search by a sworn state-certified law enforcement
137officer, a Class D seaport security officer certified under
138Maritime Transportation Security Act of 2002 guidelines and s.
139311.121, or an employee of the seaport security force certified
140under the Maritime Transportation Security Act of 2002
141guidelines and s. 311.121.
142     3.  Persons found in these areas without the proper
143permission are subject to the trespass provisions of ss. 810.08
144and 810.09.
145     (b)  As determined by the seaport director's most current
146risk assessment under paragraph (3)(a), any secure or restricted
147area that has a potential human occupancy of 50 persons or more,
148any cruise terminal, or any business operation that is adjacent
149to a public access area must be protected from the most probable
150and credible terrorist threat to human life.
151     (b)(c)  The seaport must provide clear notice of the
152prohibition against possession of concealed weapons and other
153contraband material on the premises of the seaport. Any person
154in a restricted area who has in his or her possession a
155concealed weapon, or who operates or has possession or control
156of a vehicle in or upon which a concealed weapon is placed or
157stored, commits a misdemeanor of the first degree, punishable as
158provided in s. 775.082 or s. 775.083. This paragraph does not
159apply to active-duty certified federal or state law enforcement
160personnel or persons so designated by the seaport director in
161writing.
162     (c)(d)  During a period of high terrorist threat level, as
163designated by the United States Department of Homeland Security
164or the Department of Law Enforcement, or during an emergency
165declared at a port by the seaport security director due to
166events applicable to that particular seaport, the management or
167controlling authority of the port may temporarily designate any
168part of the seaport property as a secure or restricted area. The
169duration of such designation is limited to the period in which
170the high terrorist threat level is in effect or a port emergency
171exists.
172     (5)  ACCESS ELIGIBILITY REPORTING SYSTEM.-Subject to
173legislative appropriations, the Department of Law Enforcement
174shall administer a statewide seaport access eligibility
175reporting system.
176     (a)  The system must include, at a minimum, the following:
177     1.  A centralized, secure method of collecting and
178maintaining fingerprints, other biometric data, or other means
179of confirming the identity of persons authorized to enter a
180secure or restricted area of a seaport.
181     2.  A methodology for receiving from and transmitting
182information to each seaport regarding a person's authority to
183enter a secure or restricted area of the seaport.
184     3.  A means for receiving prompt notification from a
185seaport when a person's authorization to enter a secure or
186restricted area of a seaport has been suspended or revoked.
187     4.  A means to communicate to seaports when a person's
188authorization to enter a secure or restricted area of a seaport
189has been suspended or revoked.
190     (b)  Each seaport listed in s. 311.09 is responsible for
191granting, modifying, restricting, or denying access to secure
192and restricted areas to seaport employees, other persons working
193at the seaport, visitors who have business with the seaport, or
194other persons regularly appearing at the seaport. Based upon the
195person's criminal history check, each seaport may determine the
196specific access eligibility to be granted to that person. Each
197seaport is responsible for access eligibility verification at
198its location.
199     (c)  Upon determining that a person is eligible to enter a
200secure or restricted area of a port pursuant to subsections (6)
201and (7), the seaport shall, within 3 business days, report the
202determination to the department for inclusion in the system.
203     (d)  All information submitted to the department regarding
204a person's access eligibility screening may be retained by the
205department for subsequent use in promoting seaport security,
206including, but not limited to, the review of the person's
207criminal history status to ensure that the person has not become
208disqualified for such access.
209     (e)  The following fees may not be charged by more than one
210seaport and shall be paid by the seaport, another employing
211entity, or the person being entered into the system to the
212department or to the seaport if the seaport is acting as an
213agent of the department for the purpose of collecting the fees:
214     1.  The cost of the state criminal history check under
215subsection (7).
216     2.  A $50 fee to cover the initial cost of entering the
217person into the system and an additional $50 fee every 5 years
218thereafter to coincide with the issuance of the federal
219Transportation Worker Identification Credential described in
220subsection (6). The fee covers all costs for entering or
221maintaining the person in the system including the retention and
222use of the person's fingerprint, other biometric data, or other
223identifying information.
224     3.  The seaport entering the person into the system may
225charge an administrative fee to cover, but not exceed, the
226seaport's actual administrative costs for processing the results
227of the state criminal history check and entering the person into
228the system.
229     (f)  All fees identified in paragraph (e) must be paid
230before the person may be granted access to a secure or
231restricted area. Failure to comply with the criminal history
232check and failure to pay the fees are grounds for immediate
233denial of access.
234     (g)  Persons, corporations, or other business entities that
235employ persons to work or do business at seaports shall notify
236the seaport of the termination, resignation, work-related
237incapacitation, or death of an employee who has access
238permission.
239     1.  If the seaport determines that the person has been
240employed by another appropriate entity or is self-employed for
241purposes of performing work at the seaport, the seaport may
242reinstate the person's access eligibility.
243     2.  A business entity's failure to report a change in an
244employee's work status within 7 days after the change may result
245in revocation of the business entity's access to the seaport.
246     (h)  In addition to access permissions granted or denied by
247seaports, access eligibility may be restricted or revoked by the
248department if there is a reasonable suspicion that the person is
249involved in terrorism or criminal violations that could affect
250the security of a port or otherwise render the person ineligible
251for seaport access.
252     (i)  Any suspension or revocation of port access must be
253reported by the seaport to the department within 24 hours after
254such suspension or revocation.
255     (j)  The submission of information known to be false or
256misleading to the department for entry into the system is a
257felony of the third degree, punishable as provided in s.
258775.082, s. 775.083, or s. 775.084.
259     (4)(6)  ACCESS TO SECURE AND RESTRICTED AREAS.-
260     (a)  Any person seeking authorization for unescorted access
261to secure and restricted areas of a seaport must possess, unless
262waived under paragraph (7)(e), a valid federal Transportation
263Worker Identification Credential (TWIC).
264     (b)  A seaport may not charge a fee for the administration
265or production of any access control credential that requires or
266is associated with a fingerprint-based background check, in
267addition to the fee for the federal TWIC. Beginning July 1,
2682013, a seaport may not charge a fee for a seaport-specific
269access credential issued in addition to the federal TWIC, except
270under the following circumstances:
271     1.  The individual seeking to gain secured access is a new
272hire as defined under 33 C.F.R. s. 105; or
273     2.  The individual has lost or misplaced his or her federal
274TWIC. and execute an affidavit under oath which provides TWIC
275identification information and indicates the following:
276     1.  The TWIC is currently valid and in full force and
277effect.
278     2.  The TWIC was not received through the waiver process
279for disqualifying criminal history allowed by federal law.
280     3.  He or she has not, in any jurisdiction, civilian or
281military, been convicted of, entered a plea of guilty or nolo
282contendere to, regardless of adjudication, or been found not
283guilty by reason of insanity, of any disqualifying felony under
284subsection (7) or any crime that includes the use or possession
285of a firearm.
286     (b)  Upon submission of a completed affidavit as provided
287in paragraph (a), the completion of the state criminal history
288check as provided in subsection (7), and payment of all required
289fees under subsection (5), a seaport may grant the person access
290to secure or restricted areas of the port.
291     (c)  Any port granting a person access to secure or
292restricted areas shall report the grant of access to the
293Department of Law Enforcement for inclusion in the access
294eligibility reporting system under subsection (5) within 3
295business days.
296     (d)  The submission of false information on the affidavit
297required by this section is a felony of the third degree,
298punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
299Upon conviction for a violation of this provision, the person
300convicted forfeits all privilege of access to secure or
301restricted areas of a seaport and is disqualified from future
302approval for access to such areas.
303     (e)  Any affidavit form created for use under this
304subsection must contain the following statement in conspicuous
305type: "SUBMISSION OF FALSE INFORMATION ON THIS AFFIDAVIT IS A
306FELONY UNDER FLORIDA LAW AND WILL, UPON CONVICTION, RESULT IN
307DISQUALIFICATION FOR ACCESS TO A SECURE OR RESTRICTED AREA OF A
308SEAPORT."
309     (f)  Upon each 5-year renewal of a person's TWIC, the
310person must submit another affidavit as required by this
311subsection.
312     (7)  CRIMINAL HISTORY SCREENING.-A fingerprint-based
313criminal history check must be performed on employee applicants,
314current employees, and other persons authorized to regularly
315enter a secure or restricted area, or the entire seaport if the
316seaport security plan does not designate one or more secure or
317restricted areas.
318     (a)  A person is disqualified from employment or unescorted
319access if the person:
320     1.  Was convicted of, or entered a plea of guilty or nolo
321contendere to, regardless of adjudication, any of the offenses
322listed in paragraph (b) in any jurisdiction, civilian or
323military, including courts-martial conducted by the Armed Forces
324of the United States, during the 7 years before the date of the
325person's application for access; or
326     2.  Was released from incarceration, or any supervision
327imposed as a result of sentencing, for committing any of the
328disqualifying crimes listed in paragraph (b) in any
329jurisdiction, civilian or military, during the 5 years before
330the date of the person's application for access.
331     (b)  Disqualifying offenses include:
332     1.  An act of terrorism as defined in s. 775.30.
333     2.  A violation involving a weapon of mass destruction or a
334hoax weapon of mass destruction as provided in s. 790.166.
335     3.  Planting of a hoax bomb as provided in s. 790.165.
336     4.  A violation of s. 876.02 or s. 876.36.
337     5.  A violation of s. 860.065.
338     6.  Trafficking as provided in s. 893.135.
339     7.  Racketeering activity as provided in s. 895.03.
340     8.  Dealing in stolen property as provided in s. 812.019.
341     9.  Money laundering as provided in s. 896.101.
342     10.  Criminal use of personal identification as provided in
343s. 817.568.
344     11.  Bribery as provided in s. 838.015.
345     12.  A violation of s. 316.302, relating to the transport
346of hazardous materials.
347     13.  A forcible felony as defined in s. 776.08.
348     14.  A violation of s. 790.07.
349     15.  Any crime that includes the use or possession of a
350firearm.
351     16.  A felony violation for theft as provided in s.
352812.014.
353     17.  Robbery as provided in s. 812.13.
354     18.  Burglary as provided in s. 810.02.
355     19.  Any violation involving the sale, manufacture,
356delivery, or possession with intent to sell, manufacture, or
357deliver a controlled substance.
358     20.  Any offense under the laws of another jurisdiction
359that is similar to an offense listed in this paragraph.
360     21.  Conspiracy or attempt to commit any of the offenses
361listed in this paragraph.
362     (c)  Each individual who is subject to a criminal history
363check shall file a complete set of fingerprints taken in a
364manner acceptable to the Department of Law Enforcement for state
365processing. The results of the criminal history check must be
366reported to the requesting seaport and may be shared among
367seaports.
368     (d)  All fingerprints submitted to the Department of Law
369Enforcement shall be retained by the department and entered into
370the statewide automated fingerprint identification system
371established in s. 943.05(2)(b) and available for use in
372accordance with s. 943.05(2)(g) and (h). An arrest record that
373is identified with the retained fingerprints of a person subject
374to the screening shall be reported to the seaport where the
375person has been granted access to a secure or restricted area.
376If the fingerprints of a person who has been granted access were
377not retained, or are otherwise not suitable for use by the
378department, the person must be refingerprinted in a manner that
379allows the department to perform its functions as provided in
380this section.
381     (e)  The Department of Law Enforcement shall establish a
382waiver process for a person who does not have a TWIC, obtained a
383TWIC though a federal waiver process, or is found to be
384unqualified under paragraph (a) and denied employment by a
385seaport or unescorted access to secure or restricted areas. If
386the person does not have a TWIC and a federal criminal history
387record check is required, the Department of Law Enforcement may
388forward the person's fingerprints to the Federal Bureau of
389Investigation for a national criminal history record check. The
390cost of the national check must be paid by the seaport, which
391may collect it as reimbursement from the person.
392     1.  Consideration for a waiver shall be based on the
393circumstances of any disqualifying act or offense, restitution
394made by the individual, and other factors from which it may be
395determined that the individual does not pose a risk of engaging
396in any act within the public seaports regulated under this
397chapter that would pose a risk to or threaten the security of
398the seaport and the public's health, safety, or welfare.
399     2.  The waiver process begins when an individual who has
400been denied initial employment within or denied unescorted
401access to secure or restricted areas of a public seaport submits
402an application for a waiver and a notarized letter or affidavit
403from the individual's employer or union representative which
404states the mitigating reasons for initiating the waiver process.
405     3.  Within 90 days after receipt of the application, the
406administrative staff of the Parole Commission shall conduct a
407factual review of the waiver application. Findings of fact shall
408be transmitted to the department for review. The department
409shall make a copy of those findings available to the applicant
410before final disposition of the waiver request.
411     4.  The department shall make a final disposition of the
412waiver request based on the factual findings of the
413investigation by the Parole Commission. The department shall
414notify the waiver applicant of the final disposition of the
415waiver.
416     5.  The review process under this paragraph is exempt from
417chapter 120.
418     6.  By October 1 of each year, each seaport shall report to
419the department each instance of denial of employment within, or
420access to, secure or restricted areas, and each instance waiving
421a denial occurring during the last 12 months. The report must
422include the identity of the individual affected, the factors
423supporting the denial or waiver, and any other material factors
424used to make the determination.
425     (f)  In addition to the waiver procedure established by the
426Department of Law Enforcement under paragraph (e), each seaport
427security plan may establish a procedure to appeal a denial of
428employment or access based upon procedural inaccuracies or
429discrepancies regarding criminal history factors established
430pursuant to this subsection.
431     (g)  Each seaport may allow immediate waivers on a
432temporary basis to meet special or emergency needs of the
433seaport or its users. Policies, procedures, and criteria for
434implementation of this paragraph must be included in the seaport
435security plan. All waivers granted by the seaports pursuant to
436this paragraph must be reported to the department within 30 days
437after issuance.
438     (8)  WAIVER FROM SECURITY REQUIREMENTS.-The Office of Drug
439Control and the Department of Law Enforcement may modify or
440waive any physical facility requirement or other requirement
441contained in the minimum security standards upon a determination
442that the purposes of the standards have been reasonably met or
443exceeded by the seaport requesting the modification or waiver.
444An alternate means of compliance must not diminish the safety or
445security of the seaport and must be verified through an
446extensive risk analysis conducted by the seaport director.
447     (a)  Waiver requests shall be submitted in writing, along
448with supporting documentation, to the Office of Drug Control and
449the Department of Law Enforcement. The office and the department
450have 90 days to jointly grant or reject the waiver, in whole or
451in part.
452     (b)  The seaport may submit any waivers that are not
453granted or are jointly rejected to the Domestic Security
454Oversight Council for review within 90 days. The council shall
455recommend that the Office of Drug Control and the Department of
456Law Enforcement grant the waiver or reject the waiver, in whole
457or in part. The office and the department shall give great
458weight to the council's recommendations.
459     (c)  A request seeking a waiver from the seaport law
460enforcement personnel standards established under s. 311.122(3)
461may not be granted for percentages below 10 percent.
462     (d)  Any modifications or waivers granted under this
463subsection shall be noted in the annual report submitted by the
464Department of Law Enforcement pursuant to subsection (10).
465     (9)  INSPECTIONS.-It is the intent of the Legislature that
466the state's seaports adhere to security practices that are
467consistent with the risks assigned to each seaport through the
468ongoing risk assessment process established in paragraph (3)(a).
469     (a)  The Department of Law Enforcement, or any entity
470designated by the department, shall conduct at least one annual
471unannounced inspection of each seaport to determine whether the
472seaport is meeting the minimum security standards established
473pursuant to subsection (1) and to identify seaport security
474changes or improvements needed or otherwise recommended.
475     (b)  The Department of Law Enforcement, or any entity
476designated by the department, may conduct additional announced
477or unannounced inspections or operations within or affecting any
478seaport to test compliance with, or the effectiveness of,
479security plans and operations at each seaport, to determine
480compliance with physical facility requirements and standards, or
481to assist the department in identifying changes or improvements
482needed to bring a seaport into compliance with minimum security
483standards.
484     (c)  Within 30 days after completing the inspection report,
485the department shall submit a copy of the report to the Domestic
486Security Oversight Council.
487     (d)  A seaport may request that the Domestic Security
488Oversight Council review the findings in the department's report
489as they relate to the requirements of this section. The council
490may review only those findings that are in dispute by the
491seaport. In reviewing the disputed findings, the council may
492concur in the findings of the department or the seaport or may
493recommend corrective action to the seaport. The department and
494the seaport shall give great weight to the council's findings
495and recommendations.
496     (e)  All seaports shall allow the Department of Law
497Enforcement, or an entity designated by the department,
498unimpeded access to affected areas and facilities for the
499purpose of plan or compliance inspections or other operations
500authorized by this section.
501     (10)  REPORTS.-The Department of Law Enforcement, in
502consultation with the Office of Drug Control, shall annually
503complete a report indicating the observations and findings of
504all reviews, inspections, or other operations relating to the
505seaports conducted during the year and any recommendations
506resulting from such reviews, inspections, and operations. A copy
507of the report shall be provided to the Governor, the President
508of the Senate, the Speaker of the House of Representatives, the
509governing body of each seaport or seaport authority, and each
510seaport director. The report must include each director's
511response indicating what actions, if any, have been taken or are
512planned to be taken pursuant to the observations, findings, and
513recommendations reported by the department.
514     (11)  FUNDING.-
515     (a)  In making decisions regarding security projects or
516other funding applicable to each seaport listed in s. 311.09,
517the Legislature may consider the Department of Law Enforcement's
518annual report under subsection (10) as authoritative, especially
519regarding each seaport's degree of substantial compliance with
520the minimum security standards established in subsection (1).
521     (b)  The Legislature shall regularly review the ongoing
522costs of operational security on seaports, the impacts of this
523section on those costs, mitigating factors that may reduce costs
524without reducing security, and the methods by which seaports may
525implement operational security using a combination of sworn law
526enforcement officers and private security services.
527     (c)  Subject to the provisions of this chapter and
528appropriations made for seaport security, state funds may not be
529expended for security costs without certification of need for
530such expenditures by the Office of Ports Administrator within
531the Department of Law Enforcement.
532     (d)  If funds are appropriated for seaport security, the
533Office of Drug Control, the Department of Law Enforcement, and
534the Florida Seaport Transportation and Economic Development
535Council shall mutually determine the allocation of such funds
536for security project needs identified in the approved seaport
537security plans. Any seaport that receives state funds for
538security projects must enter into a joint participation
539agreement with the appropriate state entity and use the seaport
540security plan as the basis for the agreement.
541     1.  If funds are made available over more than 1 fiscal
542year, the agreement must reflect the entire scope of the project
543approved in the security plan and, as practicable, allow for
544reimbursement for authorized projects over more than 1 year.
545     2.  The agreement may include specific timeframes for
546completion of a security project and the applicable funding
547reimbursement dates. The agreement may also require a
548contractual penalty of up to $1,000 per day to be imposed for
549failure to meet project completion dates if state funding is
550available. Any such penalty shall be deposited into the State
551Transportation Trust Fund and used for seaport security
552operations and capital improvements.
553     Section 2.  Subsection (2) of section 311.121, Florida
554Statutes, is amended to read:
555     311.121  Qualifications, training, and certification of
556licensed security officers at Florida seaports.-
557     (2)  The authority or governing board of each seaport
558identified under s. 311.09 that is subject to the statewide
559minimum seaport security standards referenced established in s.
560311.12 shall require that a candidate for certification as a
561seaport security officer:
562     (a)  Has received a Class D license as a security officer
563under chapter 493.
564     (b)  Has successfully completed the certified training
565curriculum for a Class D license or has been determined by the
566Department of Agriculture and Consumer Services to have
567equivalent experience as established by rule of the department.
568     (c)  Has completed the training or training equivalency and
569testing process established by this section for becoming a
570certified seaport security officer.
571     Section 3.  Subsection (1) of section 311.123, Florida
572Statutes, is amended to read:
573     311.123  Maritime domain security awareness training
574program.-
575     (1)  The Florida Seaport Transportation and Economic
576Development Council, in conjunction with the Department of Law
577Enforcement and the Office of Drug Control within the Executive
578Office of the Governor, shall create a maritime domain security
579awareness training program to instruct all personnel employed
580within a seaport's boundaries about the security procedures
581required of them for implementation of the seaport security plan
582required under s. 311.12(2)(3).
583     Section 4.  Subsection (1) of section 311.124, Florida
584Statutes, is amended to read:
585     311.124  Trespassing; detention by a certified seaport
586security officer.-
587     (1)  Any Class D or Class G seaport security officer
588certified under the federal Maritime Transportation Security Act
589of 2002 guidelines and s. 311.121 or any employee of the seaport
590security force certified under the federal Maritime
591Transportation Security Act of 2002 guidelines and s. 311.121
592who has probable cause to believe that a person is trespassing
593pursuant to s. 810.08 or s. 810.09 or this chapter in a
594designated secure or restricted area pursuant to s. 311.12(3)(4)
595is authorized to detain such person in a reasonable manner for a
596reasonable period of time pending the arrival of a law
597enforcement officer, and such action does not render the
598security officer criminally or civilly liable for false arrest,
599false imprisonment, or unlawful detention.
600     Section 5.  Section 311.115, Florida Statutes, is repealed.
601     Section 6.  Subsection (4) of section 310.002, Florida
602Statutes, is amended to read:
603     310.002  Definitions.-As used in this chapter, except where
604the context clearly indicates otherwise:
605     (4)  "Port" means any place in the state into which vessels
606enter or depart and includes, without limitation, Fernandina,
607Nassau Inlet, Jacksonville, St. Augustine, Canaveral, Port
608Citrus, Ft. Pierce, Palm Beach, Port Everglades, Miami, Key
609West, Boca Grande, Charlotte Harbor, Punta Gorda, Tampa, Port
610Tampa, Port Manatee, St. Petersburg, Clearwater, Apalachicola,
611Carrabelle, Panama City, Port St. Joe, and Pensacola.
612     Section 7.  Subsection (1) of section 311.09, Florida
613Statutes, is amended to read:
614     311.09  Florida Seaport Transportation and Economic
615Development Council.-
616     (1)  The Florida Seaport Transportation and Economic
617Development Council is created within the Department of
618Transportation. The council consists of the following 18 17
619members: the port director, or the port director's designee, of
620each of the ports of Jacksonville, Port Canaveral, Port Citrus,
621Fort Pierce, Palm Beach, Port Everglades, Miami, Port Manatee,
622St. Petersburg, Tampa, Port St. Joe, Panama City, Pensacola, Key
623West, and Fernandina; the secretary of the Department of
624Transportation or his or her designee; the director of the
625Office of Tourism, Trade, and Economic Development or his or her
626designee; and the secretary of the Department of Community
627Affairs or his or her designee.
628     Section 8.  Paragraph (c) of subsection (1) of section
629374.976, Florida Statutes, is amended to read:
630     374.976  Authority to address impacts of waterway
631development projects.-
632     (1)  Each inland navigation district is empowered and
633authorized to undertake programs intended to alleviate the
634problems associated with its waterway or waterways, including,
635but not limited to, the following:
636     (c)  The district is authorized to aid and cooperate with
637the Federal Government; state; member counties; nonmember
638counties that contain any part of the intracoastal waterway
639within their boundaries; navigation districts; the seaports of
640Jacksonville, Port Canaveral, Port Citrus, Fort Pierce, Palm
641Beach, Port Everglades, Miami, Port Manatee, St. Petersburg,
642Tampa, Port St. Joe, Panama City, Pensacola, Key West, and
643Fernandina; and local governments within the district in
644planning and carrying out public navigation, local and regional
645anchorage management, beach renourishment, public recreation,
646inlet management, environmental education, and boating safety
647projects, directly related to the waterways. The district is
648also authorized to enter into cooperative agreements with the
649United States Army Corps of Engineers, state, and member
650counties, and to covenant in any such cooperative agreement to
651pay part of the costs of acquisition, planning, development,
652construction, reconstruction, extension, improvement, operation,
653and maintenance of such projects.
654     Section 9.  Paragraph (b) of subsection (9) of section
655403.021, Florida Statutes, is amended to read:
656     403.021  Legislative declaration; public policy.-
657     (9)
658     (b)  The provisions of paragraph (a) apply only to the port
659waters, dredged-material management sites, port harbors,
660navigation channels, turning basins, and harbor berths used for
661deepwater commercial navigation in the ports of Jacksonville,
662Tampa, Port Everglades, Miami, Port Canaveral, Port Citrus, Ft.
663Pierce, Palm Beach, Port Manatee, Port St. Joe, Panama City, St.
664Petersburg, Pensacola, Fernandina, and Key West.
665     Section 10.  Paragraph (b) of subsection (26) of section
666403.061, Florida Statutes, is amended to read:
667     403.061  Department; powers and duties.-The department
668shall have the power and the duty to control and prohibit
669pollution of air and water in accordance with the law and rules
670adopted and promulgated by it and, for this purpose, to:
671     (26)
672     (b)  The provisions of paragraph (a) apply only to the port
673waters, spoil disposal sites, port harbors, navigation channels,
674turning basins, and harbor berths used for deepwater commercial
675navigation in the ports of Jacksonville, Tampa, Port Everglades,
676Miami, Port Canaveral, Port Citrus, Ft. Pierce, Palm Beach, Port
677Manatee, Port St. Joe, Panama City, St. Petersburg, Port Bartow,
678Florida Power Corporation's Crystal River Canal, Boca Grande,
679Green Cove Springs, and Pensacola.
680
681The department shall implement such programs in conjunction with
682its other powers and duties and shall place special emphasis on
683reducing and eliminating contamination that presents a threat to
684humans, animals or plants, or to the environment.
685     Section 11.  Subsection (3) of section 403.813, Florida
686Statutes, is amended to read:
687     403.813  Permits issued at district centers; exceptions.-
688     (3)  For maintenance dredging conducted under this section
689by the seaports of Jacksonville, Port Canaveral, Port Citrus,
690Fort Pierce, Palm Beach, Port Everglades, Miami, Port Manatee,
691St. Petersburg, Tampa, Port St. Joe, Panama City, Pensacola, Key
692West, and Fernandina or by inland navigation districts:
693     (a)  A mixing zone for turbidity is granted within a 150-
694meter radius from the point of dredging while dredging is
695ongoing, except that the mixing zone may not extend into areas
696supporting wetland communities, submerged aquatic vegetation, or
697hardbottom communities.
698     (b)  The discharge of the return water from the site used
699for the disposal of dredged material shall be allowed only if
700such discharge does not result in a violation of water quality
701standards in the receiving waters. The return-water discharge
702into receiving waters shall be granted a mixing zone for
703turbidity within a 150-meter radius from the point of discharge
704during and immediately after the dredging, except that the
705mixing zone may not extend into areas supporting wetland
706communities, submerged aquatic vegetation, or hardbottom
707communities.
708     (c)  The state may not exact a charge for material that
709this subsection allows a public port or an inland navigation
710district to remove.
711     (d)  The use of flocculants at the site used for disposal
712of the dredged material is allowed if the use, including
713supporting documentation, is coordinated in advance with the
714department and the department has determined that the use is not
715harmful to water resources.
716     (e)  This subsection does not prohibit maintenance dredging
717of areas where the loss of original design function and
718constructed configuration has been caused by a storm event,
719provided that the dredging is performed as soon as practical
720after the storm event. Maintenance dredging that commences
721within 3 years after the storm event shall be presumed to
722satisfy this provision. If more than 3 years are needed to
723commence the maintenance dredging after the storm event, a
724request for a specific time extension to perform the maintenance
725dredging shall be submitted to the department, prior to the end
726of the 3-year period, accompanied by a statement, including
727supporting documentation, demonstrating that contractors are not
728available or that additional time is needed to obtain
729authorization for the maintenance dredging from the United
730States Army Corps of Engineers.
731     Section 12.  Subsection (3) of section 403.816, Florida
732Statutes, is amended to read:
733     403.816  Permits for maintenance dredging of deepwater
734ports and beach restoration projects.-
735     (3)  The provisions of this section relating to ports apply
736only to the port waters, spoil disposal sites, port harbors,
737navigation channels, turning basins, and harbor berths used for
738deepwater commercial navigation in the ports of Jacksonville,
739Tampa, Port Everglades, Miami, Port Canaveral, Port Citrus, Ft.
740Pierce, Palm Beach, Port Manatee, Port St. Joe, Panama City, St.
741Petersburg, Port Bartow, Florida Power Corporation's Crystal
742River Canal, Boca Grande, Green Cove Springs, and Pensacola.
743     Section 13.  This act shall take effect upon becoming a
744law.


CODING: Words stricken are deletions; words underlined are additions.