Florida Senate - 2011                          SENATOR AMENDMENT
       Bill No. CS for SB 524
                                Barcode 810008                          
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                Floor: 2/AD/2R         .                                
             05/02/2011 04:59 PM       .                                

       Senator Latvala moved the following:
    1         Senate Amendment (with title amendment)
    3         Delete lines 60 - 792
    4  and insert:
    5         Section 1. Subsection (13) is added to section 311.09,
    6  Florida Statutes, to read:
    7         311.09 Florida Seaport Transportation and Economic
    8  Development Council.—
    9         (13) Until July 1, 2014, Citrus County may apply for a
   10  grant through the Florida Seaport Transportation and Economic
   11  Development Council to perform a feasibility study regarding the
   12  establishment of a port in Citrus County. The council shall
   13  evaluate such application in accordance with subsections (5)-(9)
   14  and, if approved, the Department of Transportation shall include
   15  the feasibility study in its budget request pursuant to s.
   16  subsection (10).
   17         Section 2. Section 311.12, Florida Statutes, is amended to
   18  read:
   19         311.12 Seaport security.—
   20         (1) SECURITY STANDARDS.—
   21         (a) The statewide minimum standards for seaport security
   22  applicable to seaports listed in s. 311.09 shall be those based
   23  on the Florida Seaport Security Assessment 2000 and set forth in
   24  the Port Security Standards Compliance Plan delivered to the
   25  Speaker of the House of Representatives and the President of the
   26  Senate on December 11, 2000. The Office of Drug Control within
   27  the Executive Office of the Governor shall maintain a sufficient
   28  number of copies of the standards at its offices for
   29  distribution to the public and provide copies to each affected
   30  seaport upon request.
   31         (a)(b) A seaport may implement security measures that are
   32  more stringent, more extensive, or supplemental to the
   33  applicable federal security regulations, including federal
   34  facility security assessment requirements under 33 C.F.R. s.
   35  105.305 minimum security standards established by this
   36  subsection.
   37         (b)(c) The provisions of s. 790.251 are not superseded,
   38  preempted, or otherwise modified in any way by the provisions of
   39  this section.
   40         (2) EXEMPTION.—The Department of Law Enforcement may exempt
   41  all or part of a seaport listed in s. 311.09 from the
   42  requirements of this section if the department determines that
   43  activity associated with the use of the seaport or part of the
   44  seaport is not vulnerable to criminal activity or terrorism. The
   45  department shall periodically review such exemptions to
   46  determine if there is a change in use. Such change may warrant
   47  removal of all or part of the exemption.
   48         (2)(3) SECURITY PLAN.—
   49         (a) Each seaport listed in s. 311.09 shall adopt and
   50  maintain a security plan specific to that seaport which provides
   51  for a secure seaport infrastructure that promotes the safety and
   52  security of state residents and visitors and the flow of
   53  legitimate trade and travel.
   54         (b)(a)Each seaport Every 5 years after January 1, 2007,
   55  each seaport director, with the assistance of the Regional
   56  Domestic Security Task Force and in conjunction with the United
   57  States Coast Guard, shall periodically revise the seaport’s
   58  security plan based on the seaport’s director’s ongoing
   59  assessment of security risks, the risks of terrorist activities,
   60  and the specific and identifiable needs of the seaport for
   61  ensuring that the seaport is in substantial compliance with
   62  applicable federal security regulations, including federal
   63  facility security assessment requirements under 33 C.F.R. s.
   64  105.305 the minimum security standards established under
   65  subsection (1).
   66         (b) Each adopted or revised security plan must be reviewed
   67  and approved by the Office of Drug Control and the Department of
   68  Law Enforcement for compliance with federal facility security
   69  assessment requirements under 33 C.F.R. s. 105.305 and the
   70  minimum security standards established under subsection (1).
   71  Within 30 days after completion, a copy of the written review
   72  shall be delivered to the United States Coast Guard, the
   73  Regional Domestic Security Task Force, and the Domestic Security
   74  Oversight Council.
   75         (3)(4) SECURE AND RESTRICTED AREAS.—Each seaport listed in
   76  s. 311.09 must clearly designate in seaport security plans, and
   77  clearly identify with appropriate signs and markers on the
   78  premises of a seaport, all secure and restricted areas as
   79  defined by 33 C.F.R. part 105 the United States Department of
   80  Homeland Security-United States Coast Guard Navigation and
   81  Vessel Inspection Circular No. 03-07 and 49 C.F.R. part 1572.
   82  The plans must also address access eligibility requirements and
   83  corresponding security enforcement authorizations.
   84         (a) The seaport’s security plan must set forth the
   85  conditions and restrictions to be imposed on persons employed
   86  at, doing business at, or visiting the seaport who have access
   87  to secure and restricted areas which are sufficient to provide
   88  substantial compliance with the minimum security standards
   89  established in subsection (1) and federal regulations.
   90         1. All seaport employees and other persons working at the
   91  seaport who have regular access to secure or restricted areas
   92  must comply with federal access control regulations and state
   93  criminal history checks as prescribed in this section.
   94         2. All persons and objects in secure and restricted areas
   95  are subject to search by a sworn state-certified law enforcement
   96  officer, a Class D seaport security officer certified under
   97  Maritime Transportation Security Act of 2002 guidelines and s.
   98  311.121, or an employee of the seaport security force certified
   99  under the Maritime Transportation Security Act of 2002
  100  guidelines and s. 311.121.
  101         3. Persons found in these areas without the proper
  102  permission are subject to the trespass provisions of ss. 810.08
  103  and 810.09.
  104         (b) As determined by the seaport director’s most current
  105  risk assessment under paragraph (3)(a), any secure or restricted
  106  area that has a potential human occupancy of 50 persons or more,
  107  any cruise terminal, or any business operation that is adjacent
  108  to a public access area must be protected from the most probable
  109  and credible terrorist threat to human life.
  110         (b)(c) The seaport must provide clear notice of the
  111  prohibition against possession of concealed weapons and other
  112  contraband material on the premises of the seaport. Any person
  113  in a restricted area who has in his or her possession a
  114  concealed weapon, or who operates or has possession or control
  115  of a vehicle in or upon which a concealed weapon is placed or
  116  stored, commits a misdemeanor of the first degree, punishable as
  117  provided in s. 775.082 or s. 775.083. This paragraph does not
  118  apply to active-duty certified federal or state law enforcement
  119  personnel or persons so designated by the seaport director in
  120  writing.
  121         (c)(d) During a period of high terrorist threat level, as
  122  designated by the United States Department of Homeland Security
  123  or the Department of Law Enforcement, or during an emergency
  124  declared at a port by the seaport security director due to
  125  events applicable to that particular seaport, the management or
  126  controlling authority of the port may temporarily designate any
  127  part of the seaport property as a secure or restricted area. The
  128  duration of such designation is limited to the period in which
  129  the high terrorist threat level is in effect or a port emergency
  130  exists.
  132  legislative appropriations, the Department of Law Enforcement
  133  shall administer a statewide seaport access eligibility
  134  reporting system.
  135         (a) The system must include, at a minimum, the following:
  136         1. A centralized, secure method of collecting and
  137  maintaining fingerprints, other biometric data, or other means
  138  of confirming the identity of persons authorized to enter a
  139  secure or restricted area of a seaport.
  140         2. A methodology for receiving from and transmitting
  141  information to each seaport regarding a person’s authority to
  142  enter a secure or restricted area of the seaport.
  143         3. A means for receiving prompt notification from a seaport
  144  when a person’s authorization to enter a secure or restricted
  145  area of a seaport has been suspended or revoked.
  146         4. A means to communicate to seaports when a person’s
  147  authorization to enter a secure or restricted area of a seaport
  148  has been suspended or revoked.
  149         (b) Each seaport listed in s. 311.09 is responsible for
  150  granting, modifying, restricting, or denying access to secure
  151  and restricted areas to seaport employees, other persons working
  152  at the seaport, visitors who have business with the seaport, or
  153  other persons regularly appearing at the seaport. Based upon the
  154  person’s criminal history check, each seaport may determine the
  155  specific access eligibility to be granted to that person. Each
  156  seaport is responsible for access eligibility verification at
  157  its location.
  158         (c) Upon determining that a person is eligible to enter a
  159  secure or restricted area of a port pursuant to subsections (6)
  160  and (7), the seaport shall, within 3 business days, report the
  161  determination to the department for inclusion in the system.
  162         (d) All information submitted to the department regarding a
  163  person’s access eligibility screening may be retained by the
  164  department for subsequent use in promoting seaport security,
  165  including, but not limited to, the review of the person’s
  166  criminal history status to ensure that the person has not become
  167  disqualified for such access.
  168         (e) The following fees may not be charged by more than one
  169  seaport and shall be paid by the seaport, another employing
  170  entity, or the person being entered into the system to the
  171  department or to the seaport if the seaport is acting as an
  172  agent of the department for the purpose of collecting the fees:
  173         1. The cost of the state criminal history check under
  174  subsection (7).
  175         2. A $50 fee to cover the initial cost of entering the
  176  person into the system and an additional $50 fee every 5 years
  177  thereafter to coincide with the issuance of the federal
  178  Transportation Worker Identification Credential described in
  179  subsection (6). The fee covers all costs for entering or
  180  maintaining the person in the system including the retention and
  181  use of the person’s fingerprint, other biometric data, or other
  182  identifying information.
  183         3. The seaport entering the person into the system may
  184  charge an administrative fee to cover, but not exceed, the
  185  seaport’s actual administrative costs for processing the results
  186  of the state criminal history check and entering the person into
  187  the system.
  188         (f) All fees identified in paragraph (e) must be paid
  189  before the person may be granted access to a secure or
  190  restricted area. Failure to comply with the criminal history
  191  check and failure to pay the fees are grounds for immediate
  192  denial of access.
  193         (g) Persons, corporations, or other business entities that
  194  employ persons to work or do business at seaports shall notify
  195  the seaport of the termination, resignation, work-related
  196  incapacitation, or death of an employee who has access
  197  permission.
  198         1. If the seaport determines that the person has been
  199  employed by another appropriate entity or is self-employed for
  200  purposes of performing work at the seaport, the seaport may
  201  reinstate the person’s access eligibility.
  202         2. A business entity’s failure to report a change in an
  203  employee’s work status within 7 days after the change may result
  204  in revocation of the business entity’s access to the seaport.
  205         (h) In addition to access permissions granted or denied by
  206  seaports, access eligibility may be restricted or revoked by the
  207  department if there is a reasonable suspicion that the person is
  208  involved in terrorism or criminal violations that could affect
  209  the security of a port or otherwise render the person ineligible
  210  for seaport access.
  211         (i) Any suspension or revocation of port access must be
  212  reported by the seaport to the department within 24 hours after
  213  such suspension or revocation.
  214         (j) The submission of information known to be false or
  215  misleading to the department for entry into the system is a
  216  felony of the third degree, punishable as provided in s.
  217  775.082, s. 775.083, or s. 775.084.
  219         (a) Any person seeking authorization for unescorted access
  220  to secure and restricted areas of a seaport must possess, unless
  221  waived under paragraph (7)(e), a valid federal Transportation
  222  Worker Identification Credential (TWIC).
  223         (b) A seaport may not charge a fee for the administration
  224  or production of any access control credential that requires or
  225  is associated with a fingerprint-based background check, in
  226  addition to the fee for the federal TWIC. Beginning July 1,
  227  2013, a seaport may not charge a fee for a seaport-specific
  228  access credential issued in addition to the federal TWIC, except
  229  under the following circumstances:
  230         1. The individual seeking to gain secured access is a new
  231  hire as defined under 33 C.F.R. s. 105; or
  232         2. The individual has lost or misplaced his or her federal
  233  TWIC. and execute an affidavit under oath which provides TWIC
  234  identification information and indicates the following:
  235         1. The TWIC is currently valid and in full force and
  236  effect.
  237         2. The TWIC was not received through the waiver process for
  238  disqualifying criminal history allowed by federal law.
  239         3. He or she has not, in any jurisdiction, civilian or
  240  military, been convicted of, entered a plea of guilty or nolo
  241  contendere to, regardless of adjudication, or been found not
  242  guilty by reason of insanity, of any disqualifying felony under
  243  subsection (7) or any crime that includes the use or possession
  244  of a firearm.
  245         (b) Upon submission of a completed affidavit as provided in
  246  paragraph (a), the completion of the state criminal history
  247  check as provided in subsection (7), and payment of all required
  248  fees under subsection (5), a seaport may grant the person access
  249  to secure or restricted areas of the port.
  250         (c) Any port granting a person access to secure or
  251  restricted areas shall report the grant of access to the
  252  Department of Law Enforcement for inclusion in the access
  253  eligibility reporting system under subsection (5) within 3
  254  business days.
  255         (d) The submission of false information on the affidavit
  256  required by this section is a felony of the third degree,
  257  punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
  258  Upon conviction for a violation of this provision, the person
  259  convicted forfeits all privilege of access to secure or
  260  restricted areas of a seaport and is disqualified from future
  261  approval for access to such areas.
  262         (e) Any affidavit form created for use under this
  263  subsection must contain the following statement in conspicuous
  267  SEAPORT.”
  268         (f) Upon each 5-year renewal of a person’s TWIC, the person
  269  must submit another affidavit as required by this subsection.
  270         (7) CRIMINAL HISTORY SCREENING.—A fingerprint-based
  271  criminal history check must be performed on employee applicants,
  272  current employees, and other persons authorized to regularly
  273  enter a secure or restricted area, or the entire seaport if the
  274  seaport security plan does not designate one or more secure or
  275  restricted areas.
  276         (a) A person is disqualified from employment or unescorted
  277  access if the person:
  278         1. Was convicted of, or entered a plea of guilty or nolo
  279  contendere to, regardless of adjudication, any of the offenses
  280  listed in paragraph (b) in any jurisdiction, civilian or
  281  military, including courts-martial conducted by the Armed Forces
  282  of the United States, during the 7 years before the date of the
  283  person’s application for access; or
  284         2. Was released from incarceration, or any supervision
  285  imposed as a result of sentencing, for committing any of the
  286  disqualifying crimes listed in paragraph (b) in any
  287  jurisdiction, civilian or military, during the 5 years before
  288  the date of the person’s application for access.
  289         (b) Disqualifying offenses include:
  290         1. An act of terrorism as defined in s. 775.30.
  291         2. A violation involving a weapon of mass destruction or a
  292  hoax weapon of mass destruction as provided in s. 790.166.
  293         3. Planting of a hoax bomb as provided in s. 790.165.
  294         4. A violation of s. 876.02 or s. 876.36.
  295         5. A violation of s. 860.065.
  296         6. Trafficking as provided in s. 893.135.
  297         7. Racketeering activity as provided in s. 895.03.
  298         8. Dealing in stolen property as provided in s. 812.019.
  299         9. Money laundering as provided in s. 896.101.
  300         10. Criminal use of personal identification as provided in
  301  s. 817.568.
  302         11. Bribery as provided in s. 838.015.
  303         12. A violation of s. 316.302, relating to the transport of
  304  hazardous materials.
  305         13. A forcible felony as defined in s. 776.08.
  306         14. A violation of s. 790.07.
  307         15. Any crime that includes the use or possession of a
  308  firearm.
  309         16. A felony violation for theft as provided in s. 812.014.
  310         17. Robbery as provided in s. 812.13.
  311         18. Burglary as provided in s. 810.02.
  312         19. Any violation involving the sale, manufacture,
  313  delivery, or possession with intent to sell, manufacture, or
  314  deliver a controlled substance.
  315         20. Any offense under the laws of another jurisdiction that
  316  is similar to an offense listed in this paragraph.
  317         21. Conspiracy or attempt to commit any of the offenses
  318  listed in this paragraph.
  319         (c) Each individual who is subject to a criminal history
  320  check shall file a complete set of fingerprints taken in a
  321  manner acceptable to the Department of Law Enforcement for state
  322  processing. The results of the criminal history check must be
  323  reported to the requesting seaport and may be shared among
  324  seaports.
  325         (d) All fingerprints submitted to the Department of Law
  326  Enforcement shall be retained by the department and entered into
  327  the statewide automated fingerprint identification system
  328  established in s. 943.05(2)(b) and available for use in
  329  accordance with s. 943.05(2)(g) and (h). An arrest record that
  330  is identified with the retained fingerprints of a person subject
  331  to the screening shall be reported to the seaport where the
  332  person has been granted access to a secure or restricted area.
  333  If the fingerprints of a person who has been granted access were
  334  not retained, or are otherwise not suitable for use by the
  335  department, the person must be refingerprinted in a manner that
  336  allows the department to perform its functions as provided in
  337  this section.
  338         (e) The Department of Law Enforcement shall establish a
  339  waiver process for a person who does not have a TWIC, obtained a
  340  TWIC though a federal waiver process, or is found to be
  341  unqualified under paragraph (a) and denied employment by a
  342  seaport or unescorted access to secure or restricted areas. If
  343  the person does not have a TWIC and a federal criminal history
  344  record check is required, the Department of Law Enforcement may
  345  forward the person’s fingerprints to the Federal Bureau of
  346  Investigation for a national criminal history record check. The
  347  cost of the national check must be paid by the seaport, which
  348  may collect it as reimbursement from the person.
  349         1. Consideration for a waiver shall be based on the
  350  circumstances of any disqualifying act or offense, restitution
  351  made by the individual, and other factors from which it may be
  352  determined that the individual does not pose a risk of engaging
  353  in any act within the public seaports regulated under this
  354  chapter that would pose a risk to or threaten the security of
  355  the seaport and the public’s health, safety, or welfare.
  356         2. The waiver process begins when an individual who has
  357  been denied initial employment within or denied unescorted
  358  access to secure or restricted areas of a public seaport submits
  359  an application for a waiver and a notarized letter or affidavit
  360  from the individual’s employer or union representative which
  361  states the mitigating reasons for initiating the waiver process.
  362         3. Within 90 days after receipt of the application, the
  363  administrative staff of the Parole Commission shall conduct a
  364  factual review of the waiver application. Findings of fact shall
  365  be transmitted to the department for review. The department
  366  shall make a copy of those findings available to the applicant
  367  before final disposition of the waiver request.
  368         4. The department shall make a final disposition of the
  369  waiver request based on the factual findings of the
  370  investigation by the Parole Commission. The department shall
  371  notify the waiver applicant of the final disposition of the
  372  waiver.
  373         5. The review process under this paragraph is exempt from
  374  chapter 120.
  375         6. By October 1 of each year, each seaport shall report to
  376  the department each instance of denial of employment within, or
  377  access to, secure or restricted areas, and each instance waiving
  378  a denial occurring during the last 12 months. The report must
  379  include the identity of the individual affected, the factors
  380  supporting the denial or waiver, and any other material factors
  381  used to make the determination.
  382         (f) In addition to the waiver procedure established by the
  383  Department of Law Enforcement under paragraph (e), each seaport
  384  security plan may establish a procedure to appeal a denial of
  385  employment or access based upon procedural inaccuracies or
  386  discrepancies regarding criminal history factors established
  387  pursuant to this subsection.
  388         (g) Each seaport may allow immediate waivers on a temporary
  389  basis to meet special or emergency needs of the seaport or its
  390  users. Policies, procedures, and criteria for implementation of
  391  this paragraph must be included in the seaport security plan.
  392  All waivers granted by the seaports pursuant to this paragraph
  393  must be reported to the department within 30 days after
  394  issuance.
  395         (8) WAIVER FROM SECURITY REQUIREMENTS.—The Office of Drug
  396  Control and the Department of Law Enforcement may modify or
  397  waive any physical facility requirement or other requirement
  398  contained in the minimum security standards upon a determination
  399  that the purposes of the standards have been reasonably met or
  400  exceeded by the seaport requesting the modification or waiver.
  401  An alternate means of compliance must not diminish the safety or
  402  security of the seaport and must be verified through an
  403  extensive risk analysis conducted by the seaport director.
  404         (a) Waiver requests shall be submitted in writing, along
  405  with supporting documentation, to the Office of Drug Control and
  406  the Department of Law Enforcement. The office and the department
  407  have 90 days to jointly grant or reject the waiver, in whole or
  408  in part.
  409         (b) The seaport may submit any waivers that are not granted
  410  or are jointly rejected to the Domestic Security Oversight
  411  Council for review within 90 days. The council shall recommend
  412  that the Office of Drug Control and the Department of Law
  413  Enforcement grant the waiver or reject the waiver, in whole or
  414  in part. The office and the department shall give great weight
  415  to the council’s recommendations.
  416         (c) A request seeking a waiver from the seaport law
  417  enforcement personnel standards established under s. 311.122(3)
  418  may not be granted for percentages below 10 percent.
  419         (d) Any modifications or waivers granted under this
  420  subsection shall be noted in the annual report submitted by the
  421  Department of Law Enforcement pursuant to subsection (10).
  422         (9) INSPECTIONS.—It is the intent of the Legislature that
  423  the state’s seaports adhere to security practices that are
  424  consistent with the risks assigned to each seaport through the
  425  ongoing risk assessment process established in paragraph (3)(a).
  426         (a) The Department of Law Enforcement, or any entity
  427  designated by the department, shall conduct at least one annual
  428  unannounced inspection of each seaport to determine whether the
  429  seaport is meeting the minimum security standards established
  430  pursuant to subsection (1) and to identify seaport security
  431  changes or improvements needed or otherwise recommended.
  432         (b) The Department of Law Enforcement, or any entity
  433  designated by the department, may conduct additional announced
  434  or unannounced inspections or operations within or affecting any
  435  seaport to test compliance with, or the effectiveness of,
  436  security plans and operations at each seaport, to determine
  437  compliance with physical facility requirements and standards, or
  438  to assist the department in identifying changes or improvements
  439  needed to bring a seaport into compliance with minimum security
  440  standards.
  441         (c) Within 30 days after completing the inspection report,
  442  the department shall submit a copy of the report to the Domestic
  443  Security Oversight Council.
  444         (d) A seaport may request that the Domestic Security
  445  Oversight Council review the findings in the department’s report
  446  as they relate to the requirements of this section. The council
  447  may review only those findings that are in dispute by the
  448  seaport. In reviewing the disputed findings, the council may
  449  concur in the findings of the department or the seaport or may
  450  recommend corrective action to the seaport. The department and
  451  the seaport shall give great weight to the council’s findings
  452  and recommendations.
  453         (e) All seaports shall allow the Department of Law
  454  Enforcement, or an entity designated by the department,
  455  unimpeded access to affected areas and facilities for the
  456  purpose of plan or compliance inspections or other operations
  457  authorized by this section.
  458         (10) REPORTS.—The Department of Law Enforcement, in
  459  consultation with the Office of Drug Control, shall annually
  460  complete a report indicating the observations and findings of
  461  all reviews, inspections, or other operations relating to the
  462  seaports conducted during the year and any recommendations
  463  resulting from such reviews, inspections, and operations. A copy
  464  of the report shall be provided to the Governor, the President
  465  of the Senate, the Speaker of the House of Representatives, the
  466  governing body of each seaport or seaport authority, and each
  467  seaport director. The report must include each director’s
  468  response indicating what actions, if any, have been taken or are
  469  planned to be taken pursuant to the observations, findings, and
  470  recommendations reported by the department.
  471         (11) FUNDING.—
  472         (a) In making decisions regarding security projects or
  473  other funding applicable to each seaport listed in s. 311.09,
  474  the Legislature may consider the Department of Law Enforcement’s
  475  annual report under subsection (10) as authoritative, especially
  476  regarding each seaport’s degree of substantial compliance with
  477  the minimum security standards established in subsection (1).
  478         (b) The Legislature shall regularly review the ongoing
  479  costs of operational security on seaports, the impacts of this
  480  section on those costs, mitigating factors that may reduce costs
  481  without reducing security, and the methods by which seaports may
  482  implement operational security using a combination of sworn law
  483  enforcement officers and private security services.
  484         (c) Subject to the provisions of this chapter and
  485  appropriations made for seaport security, state funds may not be
  486  expended for security costs without certification of need for
  487  such expenditures by the Office of Ports Administrator within
  488  the Department of Law Enforcement.
  489         (d) If funds are appropriated for seaport security, the
  490  Office of Drug Control, the Department of Law Enforcement, and
  491  the Florida Seaport Transportation and Economic Development
  492  Council shall mutually determine the allocation of such funds
  493  for security project needs identified in the approved seaport
  494  security plans. Any seaport that receives state funds for
  495  security projects must enter into a joint participation
  496  agreement with the appropriate state entity and use the seaport
  497  security plan as the basis for the agreement.
  498         1. If funds are made available over more than 1 fiscal
  499  year, the agreement must reflect the entire scope of the project
  500  approved in the security plan and, as practicable, allow for
  501  reimbursement for authorized projects over more than 1 year.
  502         2. The agreement may include specific timeframes for
  503  completion of a security project and the applicable funding
  504  reimbursement dates. The agreement may also require a
  505  contractual penalty of up to $1,000 per day to be imposed for
  506  failure to meet project completion dates if state funding is
  507  available. Any such penalty shall be deposited into the State
  508  Transportation Trust Fund and used for seaport security
  509  operations and capital improvements.
  510         Section 3. Subsection (2) of section 311.121, Florida
  511  Statutes, is amended to read:
  512         311.121 Qualifications, training, and certification of
  513  licensed security officers at Florida seaports.—
  514         (2) The authority or governing board of each seaport
  515  identified under s. 311.09 that is subject to the statewide
  516  minimum seaport security standards referenced established in s.
  517  311.12 shall require that a candidate for certification as a
  518  seaport security officer:
  519         (a) Has received a Class D license as a security officer
  520  under chapter 493.
  521         (b) Has successfully completed the certified training
  522  curriculum for a Class D license or has been determined by the
  523  Department of Agriculture and Consumer Services to have
  524  equivalent experience as established by rule of the department.
  525         (c) Has completed the training or training equivalency and
  526  testing process established by this section for becoming a
  527  certified seaport security officer.
  528         Section 4. Subsection (1) of section 311.123, Florida
  529  Statutes, is amended to read:
  530         311.123 Maritime domain security awareness training
  531  program.—
  532         (1) The Florida Seaport Transportation and Economic
  533  Development Council, in conjunction with the Department of Law
  534  Enforcement and the Office of Drug Control within the Executive
  535  Office of the Governor, shall create a maritime domain security
  536  awareness training program to instruct all personnel employed
  537  within a seaport’s boundaries about the security procedures
  538  required of them for implementation of the seaport security plan
  539  required under s. 311.12(2)(3).
  540         Section 5. Subsection (1) of section 311.124, Florida
  541  Statutes, is amended to read:
  542         311.124 Trespassing; detention by a certified seaport
  543  security officer.—
  544         (1) Any Class D or Class G seaport security officer
  545  certified under the federal Maritime Transportation Security Act
  546  of 2002 guidelines and s. 311.121 or any employee of the seaport
  547  security force certified under the federal Maritime
  548  Transportation Security Act of 2002 guidelines and s. 311.121
  549  who has probable cause to believe that a person is trespassing
  550  pursuant to s. 810.08 or s. 810.09 or this chapter in a
  551  designated secure or restricted area pursuant to s. 311.12(3)(4)
  552  is authorized to detain such person in a reasonable manner for a
  553  reasonable period of time pending the arrival of a law
  554  enforcement officer, and such action does not render the
  555  security officer criminally or civilly liable for false arrest,
  556  false imprisonment, or unlawful detention.
  557         Section 6. Section 311.115, Florida Statutes, is repealed.
  559  ================= T I T L E  A M E N D M E N T ================
  560         And the title is amended as follows:
  561         Delete lines 37 - 40
  562  and insert:
  563         include Port Citrus; amending s. 311.09, F.S.;
  564         providing that Citrus County may apply for a grant for
  565         a feasibility study through the Florida Seaport
  566         Transportation and Economic Development Council;
  567         providing for the evaluation of the application;
  568         requiring the Department of Transportation to include
  569         the study in its budget request under certain
  570         circumstances; amending s. 311.12, F.S.; deleting
  571         provisions relating to statewide minimum standards for
  572         seaport security; deleting provisions authorizing the
  573         Department of Law Enforcement to exempt all or part of
  574         a seaport from specified requirements in certain
  575         circumstances; revising provisions relating to seaport
  576         security plans; revising requirements for certain
  577         secure or restricted areas; revising provisions
  578         relating to when a part of a seaport property may
  579         temporarily be designated as a secure or restricted
  580         area; deleting provisions requiring that the
  581         Department of Law Enforcement administer a statewide
  582         seaport access eligibility reporting system; deleting
  583         provisions requiring that persons seeking
  584         authorization to access secure and restricted areas of
  585         a seaport execute an affidavit; prohibiting a seaport
  586         from charging any fee for administration or production
  587         of access control credentials that require or are
  588         associated with a fingerprint-based background check,
  589         in addition to the fee for the federal TWIC; providing
  590         exceptions; providing for issuance of seaport-specific
  591         access credentials; deleting provisions requiring
  592         fingerprint-based state criminal history checks on
  593         seaport employee applicants, current employees, and
  594         other authorized persons; deleting provisions
  595         authorizing waivers from security requirements in
  596         certain circumstances; deleting provisions relating to
  597         inspections; deleting reporting requirements; deleting
  598         the provisions relating to the allocation of
  599         appropriated funds for security project needs;
  600         amending s. 311.121, F.S.; conforming provisions to
  601         changes made by the act; amending s. 311.123, F.S.;
  602         revising who may create a maritime domain security
  603         awareness training program; conforming provisions to
  604         changes made by the act; amending s. 311.124, F.S.;
  605         conforming provisions to changes made by the act;
  606         repealing s. 311.115, F.S., relating to the Seaport
  607         Security Standards Advisory Council; amending s.
  608         374.976, F.S.;