Florida Senate - 2011                          SENATOR AMENDMENT
       Bill No. CS for SB 524
       
       
       
       
       
       
                                Barcode 281852                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
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                Floor: 1/WD/2R         .                                
             05/02/2011 04:59 PM       .                                
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       Senator Latvala moved the following:
       
    1         Senate Amendment (with directory and title amendments)
    2  
    3         Delete lines 465 - 630
    4  and insert:
    5         Section 2. Subsection (2) of section 311.121, Florida
    6  Statutes, is amended to read:
    7         311.121 Qualifications, training, and certification of
    8  licensed security officers at Florida seaports.—
    9         (2) The authority or governing board of each seaport
   10  identified under s. 311.09 that is subject to the statewide
   11  minimum seaport security standards referenced established in s.
   12  311.12 shall require that a candidate for certification as a
   13  seaport security officer:
   14         (a) Has received a Class D license as a security officer
   15  under chapter 493.
   16         (b) Has successfully completed the certified training
   17  curriculum for a Class D license or has been determined by the
   18  Department of Agriculture and Consumer Services to have
   19  equivalent experience as established by rule of the department.
   20         (c) Has completed the training or training equivalency and
   21  testing process established by this section for becoming a
   22  certified seaport security officer.
   23         Section 3. Subsection (1) of section 311.123, Florida
   24  Statutes, is amended to read:
   25         311.123 Maritime domain security awareness training
   26  program.—
   27         (1) The Florida Seaport Transportation and Economic
   28  Development Council, in conjunction with the Department of Law
   29  Enforcement and the Office of Drug Control within the Executive
   30  Office of the Governor, shall create a maritime domain security
   31  awareness training program to instruct all personnel employed
   32  within a seaport’s boundaries about the security procedures
   33  required of them for implementation of the seaport security plan
   34  required under s. 311.12(2)(3).
   35         Section 4. Subsection (1) of section 311.124, Florida
   36  Statutes, is amended to read:
   37         311.124 Trespassing; detention by a certified seaport
   38  security officer.—
   39         (1) Any Class D or Class G seaport security officer
   40  certified under the federal Maritime Transportation Security Act
   41  of 2002 guidelines and s. 311.121 or any employee of the seaport
   42  security force certified under the federal Maritime
   43  Transportation Security Act of 2002 guidelines and s. 311.121
   44  who has probable cause to believe that a person is trespassing
   45  pursuant to s. 810.08 or s. 810.09 or this chapter in a
   46  designated secure or restricted area pursuant to s. 311.12(3)(4)
   47  is authorized to detain such person in a reasonable manner for a
   48  reasonable period of time pending the arrival of a law
   49  enforcement officer, and such action does not render the
   50  security officer criminally or civilly liable for false arrest,
   51  false imprisonment, or unlawful detention.
   52         Section 5. Section 311.115, Florida Statutes, is repealed.
   53         Section 6. Subsection (4) of section 310.002, Florida
   54  Statutes, is amended to read:
   55         310.002 Definitions.—As used in this chapter, except where
   56  the context clearly indicates otherwise:
   57         (4) “Port” means any place in the state into which vessels
   58  enter or depart and includes, without limitation, Fernandina,
   59  Nassau Inlet, Jacksonville, St. Augustine, Canaveral, Port
   60  Citrus, Ft. Pierce, Palm Beach, Port Everglades, Miami, Key
   61  West, Boca Grande, Charlotte Harbor, Punta Gorda, Tampa, Port
   62  Tampa, Port Manatee, St. Petersburg, Clearwater, Apalachicola,
   63  Carrabelle, Panama City, Port St. Joe, and Pensacola.
   64         Section 7. Subsection (1) of section 311.09, Florida
   65  Statutes, is amended, and subsection (13) is added to that
   66  section to read:
   67         311.09 Florida Seaport Transportation and Economic
   68  Development Council.—
   69         (1) The Florida Seaport Transportation and Economic
   70  Development Council is created within the Department of
   71  Transportation. The council consists of the following 18 17
   72  members: the port director, or the port director’s designee, of
   73  each of the ports of Jacksonville, Port Canaveral, Port Citrus,
   74  Fort Pierce, Palm Beach, Port Everglades, Miami, Port Manatee,
   75  St. Petersburg, Tampa, Port St. Joe, Panama City, Pensacola, Key
   76  West, and Fernandina; the secretary of the Department of
   77  Transportation or his or her designee; the director of the
   78  Office of Tourism, Trade, and Economic Development or his or her
   79  designee; and the secretary of the Department of Community
   80  Affairs or his or her designee.
   81         (13) Until July 1, 2014, Citrus County may apply for a
   82  grant through the council to perform a feasibility study
   83  regarding the establishment of a port in Citrus County. The
   84  council shall evaluate such application in accordance with
   85  subsections (5) – (9) and, if approved, the Department of
   86  Transportation shall be include the feasibility in its budget
   87  request pursuant to subsection (1). After such feasibility study
   88  is funded and performed and the study determines that a port in
   89  Citrus is not feasible, the membership of Port Citrus on the
   90  council shall terminate.
   91  
   92  ====== D I R E C T O R Y  C L A U S E  A M E N D M E N T ======
   93         And the directory clause is amended as follows:
   94         Delete lines 60 - 61
   95  and insert:
   96         Section 1. Subsections (9) through (11) of section 311.12,
   97  Florida Statutes, are redesignated as subsections (5) through
   98  (7), respectively, and present subsections (1) through (8) of
   99  that section are amended to read:
  100  
  101  ================= T I T L E  A M E N D M E N T ================
  102         And the title is amended as follows:
  103         Delete lines 28 - 40
  104  and insert:
  105         requirements in certain circumstances; amending ss.
  106         311.121, 311.123, and 311.124, F.S.; conforming
  107         provisions to changes made by the act; repealing s.
  108         311.115, F.S., relating to the Seaport Security
  109         Standards Advisory Council; amending s. 310.002, F.S.;
  110         redefining the term “port” to include Port Citrus;
  111         amending s. 311.09, F.S.; including a representative
  112         of Port Citrus as a member of the Florida Seaport
  113         Transportation and Economic Development Council;
  114         authorizing Citrus County to apply for a grant through
  115         the council to perform a feasibility study regarding
  116         the establishment of a port in Citrus County; amending
  117         s. 374.976, F.S.;