1 | A bill to be entitled |
2 | An act relating to seaports; amending s. 311.12, F.S.; |
3 | deleting provisions relating to statewide minimum |
4 | standards for seaport security; deleting provisions |
5 | authorizing the Department of Law Enforcement to exempt |
6 | all or part of a seaport from specified requirements in |
7 | certain circumstances; revising provisions relating to |
8 | seaport security plans; revising requirements for certain |
9 | secure or restricted areas; revising provisions relating |
10 | to when a part of a seaport property may temporarily be |
11 | designated as a secure or restricted area; deleting |
12 | provisions requiring that the Department of Law |
13 | Enforcement administer a statewide seaport access |
14 | eligibility reporting system; deleting provisions |
15 | requiring that persons seeking authorization to access |
16 | secure and restricted areas of a seaport execute an |
17 | affidavit; prohibiting a seaport from charging any fee for |
18 | administration or production of access control credentials |
19 | that require or are associated with a fingerprint-based |
20 | background check, in addition to the fee for the federal |
21 | TWIC; providing exceptions; providing for issuance of |
22 | seaport-specific access credentials; deleting provisions |
23 | requiring fingerprint-based state criminal history checks |
24 | on seaport employee applicants, current employees, and |
25 | other authorized persons; deleting provisions authorizing |
26 | waivers from security requirements in certain |
27 | circumstances; deleting provisions relating to |
28 | inspections; deleting reporting requirements; deleting the |
29 | provisions relating to the allocation of appropriated |
30 | funds for security project needs; amending s. 311.121, |
31 | F.S.; conforming provisions to changes made by the act; |
32 | amending s. 311.123, F.S.; revising who may create a |
33 | maritime domain security awareness training program; |
34 | conforming provisions to changes made by the act; amending |
35 | s. 311.124, F.S.; conforming provisions to changes made by |
36 | the act; repealing s. 311.115, F.S., relating to the |
37 | Seaport Security Standards Advisory Council; amending s. |
38 | 310.002, F.S.; redefining the term "port" for specified |
39 | provisions to include Port Citrus; amending s. 311.09, |
40 | F.S.; including a representative of Port Citrus as a |
41 | member of the Florida Seaport Transportation and Economic |
42 | Development Council; amending s. 374.976, F.S.; including |
43 | Port Citrus in provisions relating to the authority of |
44 | inland navigation districts; amending s. 403.021, F.S.; |
45 | including Port Citrus in legislative declarations relating |
46 | to environmental control; amending s. 403.061, F.S.; |
47 | including Port Citrus in provisions relating to powers of |
48 | the Department of Environmental Protection; amending s. |
49 | 403.813, F.S.; including Port Citrus in provisions |
50 | relating to permits issued at Department of Environmental |
51 | Protection district centers; amending s. 403.816, F.S.; |
52 | including Port Citrus in provisions relating to certain |
53 | maintenance projects at deepwater ports and beach |
54 | restoration projects; providing an effective date. |
55 |
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56 | Be It Enacted by the Legislature of the State of Florida: |
57 |
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58 | Section 1. Section 311.12, Florida Statutes, is amended to |
59 | read: |
60 | 311.12 Seaport security.- |
61 | (1) SECURITY STANDARDS.- |
62 | (a) The statewide minimum standards for seaport security |
63 | applicable to seaports listed in s. 311.09 shall be those based |
64 | on the Florida Seaport Security Assessment 2000 and set forth in |
65 | the Port Security Standards Compliance Plan delivered to the |
66 | Speaker of the House of Representatives and the President of the |
67 | Senate on December 11, 2000. The Office of Drug Control within |
68 | the Executive Office of the Governor shall maintain a sufficient |
69 | number of copies of the standards at its offices for |
70 | distribution to the public and provide copies to each affected |
71 | seaport upon request. |
72 | (a)(b) A seaport may implement security measures that are |
73 | more stringent, more extensive, or supplemental to the |
74 | applicable federal security regulations, including federal |
75 | facility security assessment requirements under 33 C.F.R. s. |
76 | 105.305 minimum security standards established by this |
77 | subsection. |
78 | (b)(c) The provisions of s. 790.251 are not superseded, |
79 | preempted, or otherwise modified in any way by the provisions of |
80 | this section. |
81 | (2) EXEMPTION.-The Department of Law Enforcement may |
82 | exempt all or part of a seaport listed in s. 311.09 from the |
83 | requirements of this section if the department determines that |
84 | activity associated with the use of the seaport or part of the |
85 | seaport is not vulnerable to criminal activity or terrorism. The |
86 | department shall periodically review such exemptions to |
87 | determine if there is a change in use. Such change may warrant |
88 | removal of all or part of the exemption. |
89 | (2)(3) SECURITY PLAN.- |
90 | (a) Each seaport listed in s. 311.09 shall adopt and |
91 | maintain a security plan specific to that seaport which provides |
92 | for a secure seaport infrastructure that promotes the safety and |
93 | security of state residents and visitors and the flow of |
94 | legitimate trade and travel. |
95 | (b)(a) Each seaport Every 5 years after January 1, 2007, |
96 | each seaport director, with the assistance of the Regional |
97 | Domestic Security Task Force and in conjunction with the United |
98 | States Coast Guard, shall periodically revise the seaport's |
99 | security plan based on the seaport's director's ongoing |
100 | assessment of security risks, the risks of terrorist activities, |
101 | and the specific and identifiable needs of the seaport for |
102 | ensuring that the seaport is in substantial compliance with |
103 | applicable federal security regulations, including federal |
104 | facility security assessment requirements under 33 C.F.R. s. |
105 | 105.305 the minimum security standards established under |
106 | subsection (1). |
107 | (b) Each adopted or revised security plan must be reviewed |
108 | and approved by the Office of Drug Control and the Department of |
109 | Law Enforcement for compliance with federal facility security |
110 | assessment requirements under 33 C.F.R. s. 105.305 and the |
111 | minimum security standards established under subsection (1). |
112 | Within 30 days after completion, a copy of the written review |
113 | shall be delivered to the United States Coast Guard, the |
114 | Regional Domestic Security Task Force, and the Domestic Security |
115 | Oversight Council. |
116 | (3)(4) SECURE AND RESTRICTED AREAS.-Each seaport listed in |
117 | s. 311.09 must clearly designate in seaport security plans, and |
118 | clearly identify with appropriate signs and markers on the |
119 | premises of a seaport, all secure and restricted areas as |
120 | defined by 33 C.F.R. part 105 the United States Department of |
121 | Homeland Security-United States Coast Guard Navigation and |
122 | Vessel Inspection Circular No. 03-07 and 49 C.F.R. part 1572. |
123 | The plans must also address access eligibility requirements and |
124 | corresponding security enforcement authorizations. |
125 | (a) The seaport's security plan must set forth the |
126 | conditions and restrictions to be imposed on persons employed |
127 | at, doing business at, or visiting the seaport who have access |
128 | to secure and restricted areas which are sufficient to provide |
129 | substantial compliance with the minimum security standards |
130 | established in subsection (1) and federal regulations. |
131 | 1. All seaport employees and other persons working at the |
132 | seaport who have regular access to secure or restricted areas |
133 | must comply with federal access control regulations and state |
134 | criminal history checks as prescribed in this section. |
135 | 2. All persons and objects in secure and restricted areas |
136 | are subject to search by a sworn state-certified law enforcement |
137 | officer, a Class D seaport security officer certified under |
138 | Maritime Transportation Security Act of 2002 guidelines and s. |
139 | 311.121, or an employee of the seaport security force certified |
140 | under the Maritime Transportation Security Act of 2002 |
141 | guidelines and s. 311.121. |
142 | 3. Persons found in these areas without the proper |
143 | permission are subject to the trespass provisions of ss. 810.08 |
144 | and 810.09. |
145 | (b) As determined by the seaport director's most current |
146 | risk assessment under paragraph (3)(a), any secure or restricted |
147 | area that has a potential human occupancy of 50 persons or more, |
148 | any cruise terminal, or any business operation that is adjacent |
149 | to a public access area must be protected from the most probable |
150 | and credible terrorist threat to human life. |
151 | (b)(c) The seaport must provide clear notice of the |
152 | prohibition against possession of concealed weapons and other |
153 | contraband material on the premises of the seaport. Any person |
154 | in a restricted area who has in his or her possession a |
155 | concealed weapon, or who operates or has possession or control |
156 | of a vehicle in or upon which a concealed weapon is placed or |
157 | stored, commits a misdemeanor of the first degree, punishable as |
158 | provided in s. 775.082 or s. 775.083. This paragraph does not |
159 | apply to active-duty certified federal or state law enforcement |
160 | personnel or persons so designated by the seaport director in |
161 | writing. |
162 | (c)(d) During a period of high terrorist threat level, as |
163 | designated by the United States Department of Homeland Security |
164 | or the Department of Law Enforcement, or during an emergency |
165 | declared at a port by the seaport security director due to |
166 | events applicable to that particular seaport, the management or |
167 | controlling authority of the port may temporarily designate any |
168 | part of the seaport property as a secure or restricted area. The |
169 | duration of such designation is limited to the period in which |
170 | the high terrorist threat level is in effect or a port emergency |
171 | exists. |
172 | (5) ACCESS ELIGIBILITY REPORTING SYSTEM.-Subject to |
173 | legislative appropriations, the Department of Law Enforcement |
174 | shall administer a statewide seaport access eligibility |
175 | reporting system. |
176 | (a) The system must include, at a minimum, the following: |
177 | 1. A centralized, secure method of collecting and |
178 | maintaining fingerprints, other biometric data, or other means |
179 | of confirming the identity of persons authorized to enter a |
180 | secure or restricted area of a seaport. |
181 | 2. A methodology for receiving from and transmitting |
182 | information to each seaport regarding a person's authority to |
183 | enter a secure or restricted area of the seaport. |
184 | 3. A means for receiving prompt notification from a |
185 | seaport when a person's authorization to enter a secure or |
186 | restricted area of a seaport has been suspended or revoked. |
187 | 4. A means to communicate to seaports when a person's |
188 | authorization to enter a secure or restricted area of a seaport |
189 | has been suspended or revoked. |
190 | (b) Each seaport listed in s. 311.09 is responsible for |
191 | granting, modifying, restricting, or denying access to secure |
192 | and restricted areas to seaport employees, other persons working |
193 | at the seaport, visitors who have business with the seaport, or |
194 | other persons regularly appearing at the seaport. Based upon the |
195 | person's criminal history check, each seaport may determine the |
196 | specific access eligibility to be granted to that person. Each |
197 | seaport is responsible for access eligibility verification at |
198 | its location. |
199 | (c) Upon determining that a person is eligible to enter a |
200 | secure or restricted area of a port pursuant to subsections (6) |
201 | and (7), the seaport shall, within 3 business days, report the |
202 | determination to the department for inclusion in the system. |
203 | (d) All information submitted to the department regarding |
204 | a person's access eligibility screening may be retained by the |
205 | department for subsequent use in promoting seaport security, |
206 | including, but not limited to, the review of the person's |
207 | criminal history status to ensure that the person has not become |
208 | disqualified for such access. |
209 | (e) The following fees may not be charged by more than one |
210 | seaport and shall be paid by the seaport, another employing |
211 | entity, or the person being entered into the system to the |
212 | department or to the seaport if the seaport is acting as an |
213 | agent of the department for the purpose of collecting the fees: |
214 | 1. The cost of the state criminal history check under |
215 | subsection (7). |
216 | 2. A $50 fee to cover the initial cost of entering the |
217 | person into the system and an additional $50 fee every 5 years |
218 | thereafter to coincide with the issuance of the federal |
219 | Transportation Worker Identification Credential described in |
220 | subsection (6). The fee covers all costs for entering or |
221 | maintaining the person in the system including the retention and |
222 | use of the person's fingerprint, other biometric data, or other |
223 | identifying information. |
224 | 3. The seaport entering the person into the system may |
225 | charge an administrative fee to cover, but not exceed, the |
226 | seaport's actual administrative costs for processing the results |
227 | of the state criminal history check and entering the person into |
228 | the system. |
229 | (f) All fees identified in paragraph (e) must be paid |
230 | before the person may be granted access to a secure or |
231 | restricted area. Failure to comply with the criminal history |
232 | check and failure to pay the fees are grounds for immediate |
233 | denial of access. |
234 | (g) Persons, corporations, or other business entities that |
235 | employ persons to work or do business at seaports shall notify |
236 | the seaport of the termination, resignation, work-related |
237 | incapacitation, or death of an employee who has access |
238 | permission. |
239 | 1. If the seaport determines that the person has been |
240 | employed by another appropriate entity or is self-employed for |
241 | purposes of performing work at the seaport, the seaport may |
242 | reinstate the person's access eligibility. |
243 | 2. A business entity's failure to report a change in an |
244 | employee's work status within 7 days after the change may result |
245 | in revocation of the business entity's access to the seaport. |
246 | (h) In addition to access permissions granted or denied by |
247 | seaports, access eligibility may be restricted or revoked by the |
248 | department if there is a reasonable suspicion that the person is |
249 | involved in terrorism or criminal violations that could affect |
250 | the security of a port or otherwise render the person ineligible |
251 | for seaport access. |
252 | (i) Any suspension or revocation of port access must be |
253 | reported by the seaport to the department within 24 hours after |
254 | such suspension or revocation. |
255 | (j) The submission of information known to be false or |
256 | misleading to the department for entry into the system is a |
257 | felony of the third degree, punishable as provided in s. |
258 | 775.082, 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 |
261 | to secure and restricted areas of a seaport must possess, unless |
262 | waived under paragraph (7)(e), a valid federal Transportation |
263 | Worker Identification Credential (TWIC). |
264 | (b) A seaport may not charge a fee for the administration |
265 | or production of any access control credential that requires or |
266 | is associated with a fingerprint-based background check, in |
267 | addition to the fee for the federal TWIC. Beginning July 1, |
268 | 2013, a seaport may not charge a fee for a seaport-specific |
269 | access credential issued in addition to the federal TWIC, except |
270 | under the following circumstances: |
271 | 1. The individual seeking to gain secured access is a new |
272 | hire as defined under 33 C.F.R. s. 105; or |
273 | 2. The individual has lost or misplaced his or her federal |
274 | TWIC. and execute an affidavit under oath which provides TWIC |
275 | identification information and indicates the following: |
276 | 1. The TWIC is currently valid and in full force and |
277 | effect. |
278 | 2. The TWIC was not received through the waiver process |
279 | for disqualifying criminal history allowed by federal law. |
280 | 3. He or she has not, in any jurisdiction, civilian or |
281 | military, been convicted of, entered a plea of guilty or nolo |
282 | contendere to, regardless of adjudication, or been found not |
283 | guilty by reason of insanity, of any disqualifying felony under |
284 | subsection (7) or any crime that includes the use or possession |
285 | of a firearm. |
286 | (b) Upon submission of a completed affidavit as provided |
287 | in paragraph (a), the completion of the state criminal history |
288 | check as provided in subsection (7), and payment of all required |
289 | fees under subsection (5), a seaport may grant the person access |
290 | to secure or restricted areas of the port. |
291 | (c) Any port granting a person access to secure or |
292 | restricted areas shall report the grant of access to the |
293 | Department of Law Enforcement for inclusion in the access |
294 | eligibility reporting system under subsection (5) within 3 |
295 | business days. |
296 | (d) The submission of false information on the affidavit |
297 | required by this section is a felony of the third degree, |
298 | punishable as provided in s. 775.082, s. 775.083, or s. 775.084. |
299 | Upon conviction for a violation of this provision, the person |
300 | convicted forfeits all privilege of access to secure or |
301 | restricted areas of a seaport and is disqualified from future |
302 | approval for access to such areas. |
303 | (e) Any affidavit form created for use under this |
304 | subsection must contain the following statement in conspicuous |
305 | type: "SUBMISSION OF FALSE INFORMATION ON THIS AFFIDAVIT IS A |
306 | FELONY UNDER FLORIDA LAW AND WILL, UPON CONVICTION, RESULT IN |
307 | DISQUALIFICATION FOR ACCESS TO A SECURE OR RESTRICTED AREA OF A |
308 | SEAPORT." |
309 | (f) Upon each 5-year renewal of a person's TWIC, the |
310 | person must submit another affidavit as required by this |
311 | subsection. |
312 | (7) CRIMINAL HISTORY SCREENING.-A fingerprint-based |
313 | criminal history check must be performed on employee applicants, |
314 | current employees, and other persons authorized to regularly |
315 | enter a secure or restricted area, or the entire seaport if the |
316 | seaport security plan does not designate one or more secure or |
317 | restricted areas. |
318 | (a) A person is disqualified from employment or unescorted |
319 | access if the person: |
320 | 1. Was convicted of, or entered a plea of guilty or nolo |
321 | contendere to, regardless of adjudication, any of the offenses |
322 | listed in paragraph (b) in any jurisdiction, civilian or |
323 | military, including courts-martial conducted by the Armed Forces |
324 | of the United States, during the 7 years before the date of the |
325 | person's application for access; or |
326 | 2. Was released from incarceration, or any supervision |
327 | imposed as a result of sentencing, for committing any of the |
328 | disqualifying crimes listed in paragraph (b) in any |
329 | jurisdiction, civilian or military, during the 5 years before |
330 | the 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 |
334 | hoax 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 |
343 | s. 817.568. |
344 | 11. Bribery as provided in s. 838.015. |
345 | 12. A violation of s. 316.302, relating to the transport |
346 | of 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 |
350 | firearm. |
351 | 16. A felony violation for theft as provided in s. |
352 | 812.014. |
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, |
356 | delivery, or possession with intent to sell, manufacture, or |
357 | deliver a controlled substance. |
358 | 20. Any offense under the laws of another jurisdiction |
359 | that is similar to an offense listed in this paragraph. |
360 | 21. Conspiracy or attempt to commit any of the offenses |
361 | listed in this paragraph. |
362 | (c) Each individual who is subject to a criminal history |
363 | check shall file a complete set of fingerprints taken in a |
364 | manner acceptable to the Department of Law Enforcement for state |
365 | processing. The results of the criminal history check must be |
366 | reported to the requesting seaport and may be shared among |
367 | seaports. |
368 | (d) All fingerprints submitted to the Department of Law |
369 | Enforcement shall be retained by the department and entered into |
370 | the statewide automated fingerprint identification system |
371 | established in s. 943.05(2)(b) and available for use in |
372 | accordance with s. 943.05(2)(g) and (h). An arrest record that |
373 | is identified with the retained fingerprints of a person subject |
374 | to the screening shall be reported to the seaport where the |
375 | person has been granted access to a secure or restricted area. |
376 | If the fingerprints of a person who has been granted access were |
377 | not retained, or are otherwise not suitable for use by the |
378 | department, the person must be refingerprinted in a manner that |
379 | allows the department to perform its functions as provided in |
380 | this section. |
381 | (e) The Department of Law Enforcement shall establish a |
382 | waiver process for a person who does not have a TWIC, obtained a |
383 | TWIC though a federal waiver process, or is found to be |
384 | unqualified under paragraph (a) and denied employment by a |
385 | seaport or unescorted access to secure or restricted areas. If |
386 | the person does not have a TWIC and a federal criminal history |
387 | record check is required, the Department of Law Enforcement may |
388 | forward the person's fingerprints to the Federal Bureau of |
389 | Investigation for a national criminal history record check. The |
390 | cost of the national check must be paid by the seaport, which |
391 | may collect it as reimbursement from the person. |
392 | 1. Consideration for a waiver shall be based on the |
393 | circumstances of any disqualifying act or offense, restitution |
394 | made by the individual, and other factors from which it may be |
395 | determined that the individual does not pose a risk of engaging |
396 | in any act within the public seaports regulated under this |
397 | chapter that would pose a risk to or threaten the security of |
398 | the seaport and the public's health, safety, or welfare. |
399 | 2. The waiver process begins when an individual who has |
400 | been denied initial employment within or denied unescorted |
401 | access to secure or restricted areas of a public seaport submits |
402 | an application for a waiver and a notarized letter or affidavit |
403 | from the individual's employer or union representative which |
404 | states the mitigating reasons for initiating the waiver process. |
405 | 3. Within 90 days after receipt of the application, the |
406 | administrative staff of the Parole Commission shall conduct a |
407 | factual review of the waiver application. Findings of fact shall |
408 | be transmitted to the department for review. The department |
409 | shall make a copy of those findings available to the applicant |
410 | before final disposition of the waiver request. |
411 | 4. The department shall make a final disposition of the |
412 | waiver request based on the factual findings of the |
413 | investigation by the Parole Commission. The department shall |
414 | notify the waiver applicant of the final disposition of the |
415 | waiver. |
416 | 5. The review process under this paragraph is exempt from |
417 | chapter 120. |
418 | 6. By October 1 of each year, each seaport shall report to |
419 | the department each instance of denial of employment within, or |
420 | access to, secure or restricted areas, and each instance waiving |
421 | a denial occurring during the last 12 months. The report must |
422 | include the identity of the individual affected, the factors |
423 | supporting the denial or waiver, and any other material factors |
424 | used to make the determination. |
425 | (f) In addition to the waiver procedure established by the |
426 | Department of Law Enforcement under paragraph (e), each seaport |
427 | security plan may establish a procedure to appeal a denial of |
428 | employment or access based upon procedural inaccuracies or |
429 | discrepancies regarding criminal history factors established |
430 | pursuant to this subsection. |
431 | (g) Each seaport may allow immediate waivers on a |
432 | temporary basis to meet special or emergency needs of the |
433 | seaport or its users. Policies, procedures, and criteria for |
434 | implementation of this paragraph must be included in the seaport |
435 | security plan. All waivers granted by the seaports pursuant to |
436 | this paragraph must be reported to the department within 30 days |
437 | after issuance. |
438 | (8) WAIVER FROM SECURITY REQUIREMENTS.-The Office of Drug |
439 | Control and the Department of Law Enforcement may modify or |
440 | waive any physical facility requirement or other requirement |
441 | contained in the minimum security standards upon a determination |
442 | that the purposes of the standards have been reasonably met or |
443 | exceeded by the seaport requesting the modification or waiver. |
444 | An alternate means of compliance must not diminish the safety or |
445 | security of the seaport and must be verified through an |
446 | extensive risk analysis conducted by the seaport director. |
447 | (a) Waiver requests shall be submitted in writing, along |
448 | with supporting documentation, to the Office of Drug Control and |
449 | the Department of Law Enforcement. The office and the department |
450 | have 90 days to jointly grant or reject the waiver, in whole or |
451 | in part. |
452 | (b) The seaport may submit any waivers that are not |
453 | granted or are jointly rejected to the Domestic Security |
454 | Oversight Council for review within 90 days. The council shall |
455 | recommend that the Office of Drug Control and the Department of |
456 | Law Enforcement grant the waiver or reject the waiver, in whole |
457 | or in part. The office and the department shall give great |
458 | weight to the council's recommendations. |
459 | (c) A request seeking a waiver from the seaport law |
460 | enforcement personnel standards established under s. 311.122(3) |
461 | may not be granted for percentages below 10 percent. |
462 | (d) Any modifications or waivers granted under this |
463 | subsection shall be noted in the annual report submitted by the |
464 | Department of Law Enforcement pursuant to subsection (10). |
465 | (9) INSPECTIONS.-It is the intent of the Legislature that |
466 | the state's seaports adhere to security practices that are |
467 | consistent with the risks assigned to each seaport through the |
468 | ongoing risk assessment process established in paragraph (3)(a). |
469 | (a) The Department of Law Enforcement, or any entity |
470 | designated by the department, shall conduct at least one annual |
471 | unannounced inspection of each seaport to determine whether the |
472 | seaport is meeting the minimum security standards established |
473 | pursuant to subsection (1) and to identify seaport security |
474 | changes or improvements needed or otherwise recommended. |
475 | (b) The Department of Law Enforcement, or any entity |
476 | designated by the department, may conduct additional announced |
477 | or unannounced inspections or operations within or affecting any |
478 | seaport to test compliance with, or the effectiveness of, |
479 | security plans and operations at each seaport, to determine |
480 | compliance with physical facility requirements and standards, or |
481 | to assist the department in identifying changes or improvements |
482 | needed to bring a seaport into compliance with minimum security |
483 | standards. |
484 | (c) Within 30 days after completing the inspection report, |
485 | the department shall submit a copy of the report to the Domestic |
486 | Security Oversight Council. |
487 | (d) A seaport may request that the Domestic Security |
488 | Oversight Council review the findings in the department's report |
489 | as they relate to the requirements of this section. The council |
490 | may review only those findings that are in dispute by the |
491 | seaport. In reviewing the disputed findings, the council may |
492 | concur in the findings of the department or the seaport or may |
493 | recommend corrective action to the seaport. The department and |
494 | the seaport shall give great weight to the council's findings |
495 | and recommendations. |
496 | (e) All seaports shall allow the Department of Law |
497 | Enforcement, or an entity designated by the department, |
498 | unimpeded access to affected areas and facilities for the |
499 | purpose of plan or compliance inspections or other operations |
500 | authorized by this section. |
501 | (10) REPORTS.-The Department of Law Enforcement, in |
502 | consultation with the Office of Drug Control, shall annually |
503 | complete a report indicating the observations and findings of |
504 | all reviews, inspections, or other operations relating to the |
505 | seaports conducted during the year and any recommendations |
506 | resulting from such reviews, inspections, and operations. A copy |
507 | of the report shall be provided to the Governor, the President |
508 | of the Senate, the Speaker of the House of Representatives, the |
509 | governing body of each seaport or seaport authority, and each |
510 | seaport director. The report must include each director's |
511 | response indicating what actions, if any, have been taken or are |
512 | planned to be taken pursuant to the observations, findings, and |
513 | recommendations reported by the department. |
514 | (11) FUNDING.- |
515 | (a) In making decisions regarding security projects or |
516 | other funding applicable to each seaport listed in s. 311.09, |
517 | the Legislature may consider the Department of Law Enforcement's |
518 | annual report under subsection (10) as authoritative, especially |
519 | regarding each seaport's degree of substantial compliance with |
520 | the minimum security standards established in subsection (1). |
521 | (b) The Legislature shall regularly review the ongoing |
522 | costs of operational security on seaports, the impacts of this |
523 | section on those costs, mitigating factors that may reduce costs |
524 | without reducing security, and the methods by which seaports may |
525 | implement operational security using a combination of sworn law |
526 | enforcement officers and private security services. |
527 | (c) Subject to the provisions of this chapter and |
528 | appropriations made for seaport security, state funds may not be |
529 | expended for security costs without certification of need for |
530 | such expenditures by the Office of Ports Administrator within |
531 | the Department of Law Enforcement. |
532 | (d) If funds are appropriated for seaport security, the |
533 | Office of Drug Control, the Department of Law Enforcement, and |
534 | the Florida Seaport Transportation and Economic Development |
535 | Council shall mutually determine the allocation of such funds |
536 | for security project needs identified in the approved seaport |
537 | security plans. Any seaport that receives state funds for |
538 | security projects must enter into a joint participation |
539 | agreement with the appropriate state entity and use the seaport |
540 | security plan as the basis for the agreement. |
541 | 1. If funds are made available over more than 1 fiscal |
542 | year, the agreement must reflect the entire scope of the project |
543 | approved in the security plan and, as practicable, allow for |
544 | reimbursement for authorized projects over more than 1 year. |
545 | 2. The agreement may include specific timeframes for |
546 | completion of a security project and the applicable funding |
547 | reimbursement dates. The agreement may also require a |
548 | contractual penalty of up to $1,000 per day to be imposed for |
549 | failure to meet project completion dates if state funding is |
550 | available. Any such penalty shall be deposited into the State |
551 | Transportation Trust Fund and used for seaport security |
552 | operations and capital improvements. |
553 | Section 2. Subsection (2) of section 311.121, Florida |
554 | Statutes, is amended to read: |
555 | 311.121 Qualifications, training, and certification of |
556 | licensed security officers at Florida seaports.- |
557 | (2) The authority or governing board of each seaport |
558 | identified under s. 311.09 that is subject to the statewide |
559 | minimum seaport security standards referenced established in s. |
560 | 311.12 shall require that a candidate for certification as a |
561 | seaport security officer: |
562 | (a) Has received a Class D license as a security officer |
563 | under chapter 493. |
564 | (b) Has successfully completed the certified training |
565 | curriculum for a Class D license or has been determined by the |
566 | Department of Agriculture and Consumer Services to have |
567 | equivalent experience as established by rule of the department. |
568 | (c) Has completed the training or training equivalency and |
569 | testing process established by this section for becoming a |
570 | certified seaport security officer. |
571 | Section 3. Subsection (1) of section 311.123, Florida |
572 | Statutes, is amended to read: |
573 | 311.123 Maritime domain security awareness training |
574 | program.- |
575 | (1) The Florida Seaport Transportation and Economic |
576 | Development Council, in conjunction with the Department of Law |
577 | Enforcement and the Office of Drug Control within the Executive |
578 | Office of the Governor, shall create a maritime domain security |
579 | awareness training program to instruct all personnel employed |
580 | within a seaport's boundaries about the security procedures |
581 | required of them for implementation of the seaport security plan |
582 | required under s. 311.12(2)(3). |
583 | Section 4. Subsection (1) of section 311.124, Florida |
584 | Statutes, is amended to read: |
585 | 311.124 Trespassing; detention by a certified seaport |
586 | security officer.- |
587 | (1) Any Class D or Class G seaport security officer |
588 | certified under the federal Maritime Transportation Security Act |
589 | of 2002 guidelines and s. 311.121 or any employee of the seaport |
590 | security force certified under the federal Maritime |
591 | Transportation Security Act of 2002 guidelines and s. 311.121 |
592 | who has probable cause to believe that a person is trespassing |
593 | pursuant to s. 810.08 or s. 810.09 or this chapter in a |
594 | designated secure or restricted area pursuant to s. 311.12(3)(4) |
595 | is authorized to detain such person in a reasonable manner for a |
596 | reasonable period of time pending the arrival of a law |
597 | enforcement officer, and such action does not render the |
598 | security officer criminally or civilly liable for false arrest, |
599 | false imprisonment, or unlawful detention. |
600 | Section 5. Section 311.115, Florida Statutes, is repealed. |
601 | Section 6. Subsection (4) of section 310.002, Florida |
602 | Statutes, is amended to read: |
603 | 310.002 Definitions.-As used in this chapter, except where |
604 | the context clearly indicates otherwise: |
605 | (4) "Port" means any place in the state into which vessels |
606 | enter or depart and includes, without limitation, Fernandina, |
607 | Nassau Inlet, Jacksonville, St. Augustine, Canaveral, Port |
608 | Citrus, Ft. Pierce, Palm Beach, Port Everglades, Miami, Key |
609 | West, Boca Grande, Charlotte Harbor, Punta Gorda, Tampa, Port |
610 | Tampa, Port Manatee, St. Petersburg, Clearwater, Apalachicola, |
611 | Carrabelle, Panama City, Port St. Joe, and Pensacola. |
612 | Section 7. Subsection (1) of section 311.09, Florida |
613 | Statutes, is amended to read: |
614 | 311.09 Florida Seaport Transportation and Economic |
615 | Development Council.- |
616 | (1) The Florida Seaport Transportation and Economic |
617 | Development Council is created within the Department of |
618 | Transportation. The council consists of the following 18 17 |
619 | members: the port director, or the port director's designee, of |
620 | each of the ports of Jacksonville, Port Canaveral, Port Citrus, |
621 | Fort Pierce, Palm Beach, Port Everglades, Miami, Port Manatee, |
622 | St. Petersburg, Tampa, Port St. Joe, Panama City, Pensacola, Key |
623 | West, and Fernandina; the secretary of the Department of |
624 | Transportation or his or her designee; the director of the |
625 | Office of Tourism, Trade, and Economic Development or his or her |
626 | designee; and the secretary of the Department of Community |
627 | Affairs or his or her designee. |
628 | Section 8. Paragraph (c) of subsection (1) of section |
629 | 374.976, Florida Statutes, is amended to read: |
630 | 374.976 Authority to address impacts of waterway |
631 | development projects.- |
632 | (1) Each inland navigation district is empowered and |
633 | authorized to undertake programs intended to alleviate the |
634 | problems associated with its waterway or waterways, including, |
635 | but not limited to, the following: |
636 | (c) The district is authorized to aid and cooperate with |
637 | the Federal Government; state; member counties; nonmember |
638 | counties that contain any part of the intracoastal waterway |
639 | within their boundaries; navigation districts; the seaports of |
640 | Jacksonville, Port Canaveral, Port Citrus, Fort Pierce, Palm |
641 | Beach, Port Everglades, Miami, Port Manatee, St. Petersburg, |
642 | Tampa, Port St. Joe, Panama City, Pensacola, Key West, and |
643 | Fernandina; and local governments within the district in |
644 | planning and carrying out public navigation, local and regional |
645 | anchorage management, beach renourishment, public recreation, |
646 | inlet management, environmental education, and boating safety |
647 | projects, directly related to the waterways. The district is |
648 | also authorized to enter into cooperative agreements with the |
649 | United States Army Corps of Engineers, state, and member |
650 | counties, and to covenant in any such cooperative agreement to |
651 | pay part of the costs of acquisition, planning, development, |
652 | construction, reconstruction, extension, improvement, operation, |
653 | and maintenance of such projects. |
654 | Section 9. Paragraph (b) of subsection (9) of section |
655 | 403.021, 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 |
659 | waters, dredged-material management sites, port harbors, |
660 | navigation channels, turning basins, and harbor berths used for |
661 | deepwater commercial navigation in the ports of Jacksonville, |
662 | Tampa, Port Everglades, Miami, Port Canaveral, Port Citrus, Ft. |
663 | Pierce, Palm Beach, Port Manatee, Port St. Joe, Panama City, St. |
664 | Petersburg, Pensacola, Fernandina, and Key West. |
665 | Section 10. Paragraph (b) of subsection (26) of section |
666 | 403.061, Florida Statutes, is amended to read: |
667 | 403.061 Department; powers and duties.-The department |
668 | shall have the power and the duty to control and prohibit |
669 | pollution of air and water in accordance with the law and rules |
670 | adopted and promulgated by it and, for this purpose, to: |
671 | (26) |
672 | (b) The provisions of paragraph (a) apply only to the port |
673 | waters, spoil disposal sites, port harbors, navigation channels, |
674 | turning basins, and harbor berths used for deepwater commercial |
675 | navigation in the ports of Jacksonville, Tampa, Port Everglades, |
676 | Miami, Port Canaveral, Port Citrus, Ft. Pierce, Palm Beach, Port |
677 | Manatee, Port St. Joe, Panama City, St. Petersburg, Port Bartow, |
678 | Florida Power Corporation's Crystal River Canal, Boca Grande, |
679 | Green Cove Springs, and Pensacola. |
680 |
|
681 | The department shall implement such programs in conjunction with |
682 | its other powers and duties and shall place special emphasis on |
683 | reducing and eliminating contamination that presents a threat to |
684 | humans, animals or plants, or to the environment. |
685 | Section 11. Subsection (3) of section 403.813, Florida |
686 | Statutes, is amended to read: |
687 | 403.813 Permits issued at district centers; exceptions.- |
688 | (3) For maintenance dredging conducted under this section |
689 | by the seaports of Jacksonville, Port Canaveral, Port Citrus, |
690 | Fort Pierce, Palm Beach, Port Everglades, Miami, Port Manatee, |
691 | St. Petersburg, Tampa, Port St. Joe, Panama City, Pensacola, Key |
692 | West, and Fernandina or by inland navigation districts: |
693 | (a) A mixing zone for turbidity is granted within a 150- |
694 | meter radius from the point of dredging while dredging is |
695 | ongoing, except that the mixing zone may not extend into areas |
696 | supporting wetland communities, submerged aquatic vegetation, or |
697 | hardbottom communities. |
698 | (b) The discharge of the return water from the site used |
699 | for the disposal of dredged material shall be allowed only if |
700 | such discharge does not result in a violation of water quality |
701 | standards in the receiving waters. The return-water discharge |
702 | into receiving waters shall be granted a mixing zone for |
703 | turbidity within a 150-meter radius from the point of discharge |
704 | during and immediately after the dredging, except that the |
705 | mixing zone may not extend into areas supporting wetland |
706 | communities, submerged aquatic vegetation, or hardbottom |
707 | communities. |
708 | (c) The state may not exact a charge for material that |
709 | this subsection allows a public port or an inland navigation |
710 | district to remove. |
711 | (d) The use of flocculants at the site used for disposal |
712 | of the dredged material is allowed if the use, including |
713 | supporting documentation, is coordinated in advance with the |
714 | department and the department has determined that the use is not |
715 | harmful to water resources. |
716 | (e) This subsection does not prohibit maintenance dredging |
717 | of areas where the loss of original design function and |
718 | constructed configuration has been caused by a storm event, |
719 | provided that the dredging is performed as soon as practical |
720 | after the storm event. Maintenance dredging that commences |
721 | within 3 years after the storm event shall be presumed to |
722 | satisfy this provision. If more than 3 years are needed to |
723 | commence the maintenance dredging after the storm event, a |
724 | request for a specific time extension to perform the maintenance |
725 | dredging shall be submitted to the department, prior to the end |
726 | of the 3-year period, accompanied by a statement, including |
727 | supporting documentation, demonstrating that contractors are not |
728 | available or that additional time is needed to obtain |
729 | authorization for the maintenance dredging from the United |
730 | States Army Corps of Engineers. |
731 | Section 12. Subsection (3) of section 403.816, Florida |
732 | Statutes, is amended to read: |
733 | 403.816 Permits for maintenance dredging of deepwater |
734 | ports and beach restoration projects.- |
735 | (3) The provisions of this section relating to ports apply |
736 | only to the port waters, spoil disposal sites, port harbors, |
737 | navigation channels, turning basins, and harbor berths used for |
738 | deepwater commercial navigation in the ports of Jacksonville, |
739 | Tampa, Port Everglades, Miami, Port Canaveral, Port Citrus, Ft. |
740 | Pierce, Palm Beach, Port Manatee, Port St. Joe, Panama City, St. |
741 | Petersburg, Port Bartow, Florida Power Corporation's Crystal |
742 | River Canal, Boca Grande, Green Cove Springs, and Pensacola. |
743 | Section 13. This act shall take effect upon becoming a |
744 | law. |