Florida Senate - 2011                                     SB 524
       By Senator Latvala
       16-00255A-11                                           2011524__
    1                        A bill to be entitled                      
    2         An act relating to seaport security; amending s.
    3         311.12, F.S.; deleting provisions relating to
    4         statewide minimum standards for seaport security;
    5         deleting provisions authorizing the Department of Law
    6         Enforcement to exempt all or part of a seaport from
    7         specified requirements in certain circumstances;
    8         revising provisions relating to seaport security
    9         plans; revising requirements for certain secure or
   10         restricted areas; deleting provisions requiring that
   11         the Department of Law Enforcement administer a
   12         statewide seaport access eligibility reporting system;
   13         deleting provisions requiring that persons seeking
   14         authorization to access secure and restricted areas of
   15         a seaport execute an affidavit; prohibiting a seaport
   16         from charging any fee for administration or production
   17         of access control credentials that require or are
   18         associated with a fingerprint-based background check,
   19         in addition to the fee for the federal TWIC; providing
   20         for issuance of seaport-specific access credentials;
   21         deleting provisions requiring fingerprint-based state
   22         criminal history checks on seaport employee
   23         applicants, current employees, and other authorized
   24         persons; deleting provisions authorizing waivers from
   25         security requirements in certain circumstances;
   26         revising provisions relating to inspections; revising
   27         reporting requirements; revising the parties that
   28         determine the allocation of appropriated funds for
   29         security project needs; amending ss. 311.121, 311.123,
   30         and 311.124, F.S.; conforming provisions to changes
   31         made by the act; repealing s. 311.115, F.S., relating
   32         to the Seaport Security Standards Advisory Council;
   33         providing an effective date.
   35  Be It Enacted by the Legislature of the State of Florida:
   37         Section 1. Section 311.12, Florida Statutes, is amended to
   38  read:
   39         311.12 Seaport security.—
   40         (1) SECURITY STANDARDS.—
   41         (a) The statewide minimum standards for seaport security
   42  applicable to seaports listed in s. 311.09 shall be those based
   43  on the Florida Seaport Security Assessment 2000 and set forth in
   44  the Port Security Standards Compliance Plan delivered to the
   45  Speaker of the House of Representatives and the President of the
   46  Senate on December 11, 2000. The Office of Drug Control within
   47  the Executive Office of the Governor shall maintain a sufficient
   48  number of copies of the standards at its offices for
   49  distribution to the public and provide copies to each affected
   50  seaport upon request.
   51         (a)(b) A seaport may implement security measures that are
   52  more stringent, more extensive, or supplemental to the
   53  applicable federal security regulations, including federal
   54  facility security assessment requirements under 33 C.F.R. s.
   55  105.305 minimum security standards established by this
   56  subsection.
   57         (b)(c) The provisions of s. 790.251 are not superseded,
   58  preempted, or otherwise modified in any way by the provisions of
   59  this section.
   60         (2) EXEMPTION.—The Department of Law Enforcement may exempt
   61  all or part of a seaport listed in s. 311.09 from the
   62  requirements of this section if the department determines that
   63  activity associated with the use of the seaport or part of the
   64  seaport is not vulnerable to criminal activity or terrorism. The
   65  department shall periodically review such exemptions to
   66  determine if there is a change in use. Such change may warrant
   67  removal of all or part of the exemption.
   68         (2)(3) SECURITY PLAN.—
   69         (a) Each seaport listed in s. 311.09 shall adopt and
   70  maintain a security plan specific to that seaport which provides
   71  for a secure seaport infrastructure that promotes the safety and
   72  security of state residents and visitors and the flow of
   73  legitimate trade and travel.
   74         (b)(a)Each seaport Every 5 years after January 1, 2007,
   75  each seaport director, with the assistance of the Regional
   76  Domestic Security Task Force and in conjunction with the United
   77  States Coast Guard, shall periodically revise the seaport’s
   78  security plan based on the seaport’s director’s ongoing
   79  assessment of security risks, the risks of terrorist activities,
   80  and the specific and identifiable needs of the seaport for
   81  ensuring that the seaport is in substantial compliance with
   82  applicable federal security regulations, including federal
   83  facility security assessment requirements under 33 C.F.R. s.
   84  105.305 the minimum security standards established under
   85  subsection (1).
   86         (b) Each adopted or revised security plan must be reviewed
   87  and approved by the Office of Drug Control and the Department of
   88  Law Enforcement for compliance with federal facility security
   89  assessment requirements under 33 C.F.R. s. 105.305 and the
   90  minimum security standards established under subsection (1).
   91  Within 30 days after completion, a copy of the written review
   92  shall be delivered to the United States Coast Guard, the
   93  Regional Domestic Security Task Force, and the Domestic Security
   94  Oversight Council.
   95         (3)(4) SECURE AND RESTRICTED AREAS.—Each seaport listed in
   96  s. 311.09 must clearly designate in seaport security plans, and
   97  clearly identify with appropriate signs and markers on the
   98  premises of a seaport, all secure and restricted areas as
   99  defined by the United States Department of Homeland Security
  100  United States Coast Guard Navigation and Vessel Inspection
  101  Circular No. 03-07 and 49 C.F.R. part 1572. The plans must also
  102  address access eligibility requirements and corresponding
  103  security enforcement authorizations.
  104         (a) The seaport’s security plan must set forth the
  105  conditions and restrictions to be imposed on persons employed
  106  at, doing business at, or visiting the seaport who have access
  107  to secure and restricted areas which are sufficient to provide
  108  substantial compliance with the minimum security standards
  109  established in subsection (1) and federal regulations.
  110         1. All seaport employees and other persons working at the
  111  seaport who have regular access to secure or restricted areas
  112  must comply with federal access control regulations and state
  113  criminal history checks as prescribed in this section.
  114         2. All persons and objects in secure and restricted areas
  115  are subject to search by a sworn state-certified law enforcement
  116  officer, a Class D seaport security officer certified under
  117  Maritime Transportation Security Act of 2002 guidelines and s.
  118  311.121, or an employee of the seaport security force certified
  119  under the Maritime Transportation Security Act of 2002
  120  guidelines and s. 311.121.
  121         3. Persons found in these areas without the proper
  122  permission are subject to the trespass provisions of ss. 810.08
  123  and 810.09.
  124         (b) As determined by the seaport director’s most current
  125  risk assessment under paragraph (3)(a), any secure or restricted
  126  area that has a potential human occupancy of 50 persons or more,
  127  any cruise terminal, or any business operation that is adjacent
  128  to a public access area must be protected from the most probable
  129  and credible terrorist threat to human life.
  130         (b)(c) The seaport must provide clear notice of the
  131  prohibition against possession of concealed weapons and other
  132  contraband material on the premises of the seaport. Any person
  133  in a restricted area who has in his or her possession a
  134  concealed weapon, or who operates or has possession or control
  135  of a vehicle in or upon which a concealed weapon is placed or
  136  stored, commits a misdemeanor of the first degree, punishable as
  137  provided in s. 775.082 or s. 775.083. This paragraph does not
  138  apply to active-duty certified federal or state law enforcement
  139  personnel or persons so designated by the seaport director in
  140  writing.
  141         (c)(d) During a period of high terrorist threat level, as
  142  designated by the United States Department of Homeland Security
  143  or the Department of Law Enforcement, or during an emergency
  144  declared at a port by the seaport security director due to
  145  events applicable to that particular seaport, the management or
  146  controlling authority of the port may temporarily designate any
  147  part of the seaport property as a secure or restricted area. The
  148  duration of such designation is limited to the period in which
  149  the high terrorist threat level is in effect or a port emergency
  150  exists.
  152  legislative appropriations, the Department of Law Enforcement
  153  shall administer a statewide seaport access eligibility
  154  reporting system.
  155         (a) The system must include, at a minimum, the following:
  156         1. A centralized, secure method of collecting and
  157  maintaining fingerprints, other biometric data, or other means
  158  of confirming the identity of persons authorized to enter a
  159  secure or restricted area of a seaport.
  160         2. A methodology for receiving from and transmitting
  161  information to each seaport regarding a person’s authority to
  162  enter a secure or restricted area of the seaport.
  163         3. A means for receiving prompt notification from a seaport
  164  when a person’s authorization to enter a secure or restricted
  165  area of a seaport has been suspended or revoked.
  166         4. A means to communicate to seaports when a person’s
  167  authorization to enter a secure or restricted area of a seaport
  168  has been suspended or revoked.
  169         (b) Each seaport listed in s. 311.09 is responsible for
  170  granting, modifying, restricting, or denying access to secure
  171  and restricted areas to seaport employees, other persons working
  172  at the seaport, visitors who have business with the seaport, or
  173  other persons regularly appearing at the seaport. Based upon the
  174  person’s criminal history check, each seaport may determine the
  175  specific access eligibility to be granted to that person. Each
  176  seaport is responsible for access eligibility verification at
  177  its location.
  178         (c) Upon determining that a person is eligible to enter a
  179  secure or restricted area of a port pursuant to subsections (6)
  180  and (7), the seaport shall, within 3 business days, report the
  181  determination to the department for inclusion in the system.
  182         (d) All information submitted to the department regarding a
  183  person’s access eligibility screening may be retained by the
  184  department for subsequent use in promoting seaport security,
  185  including, but not limited to, the review of the person’s
  186  criminal history status to ensure that the person has not become
  187  disqualified for such access.
  188         (e) The following fees may not be charged by more than one
  189  seaport and shall be paid by the seaport, another employing
  190  entity, or the person being entered into the system to the
  191  department or to the seaport if the seaport is acting as an
  192  agent of the department for the purpose of collecting the fees:
  193         1. The cost of the state criminal history check under
  194  subsection (7).
  195         2. A $50 fee to cover the initial cost of entering the
  196  person into the system and an additional $50 fee every 5 years
  197  thereafter to coincide with the issuance of the federal
  198  Transportation Worker Identification Credential described in
  199  subsection (6). The fee covers all costs for entering or
  200  maintaining the person in the system including the retention and
  201  use of the person’s fingerprint, other biometric data, or other
  202  identifying information.
  203         3. The seaport entering the person into the system may
  204  charge an administrative fee to cover, but not exceed, the
  205  seaport’s actual administrative costs for processing the results
  206  of the state criminal history check and entering the person into
  207  the system.
  208         (f) All fees identified in paragraph (e) must be paid
  209  before the person may be granted access to a secure or
  210  restricted area. Failure to comply with the criminal history
  211  check and failure to pay the fees are grounds for immediate
  212  denial of access.
  213         (g) Persons, corporations, or other business entities that
  214  employ persons to work or do business at seaports shall notify
  215  the seaport of the termination, resignation, work-related
  216  incapacitation, or death of an employee who has access
  217  permission.
  218         1. If the seaport determines that the person has been
  219  employed by another appropriate entity or is self-employed for
  220  purposes of performing work at the seaport, the seaport may
  221  reinstate the person’s access eligibility.
  222         2. A business entity’s failure to report a change in an
  223  employee’s work status within 7 days after the change may result
  224  in revocation of the business entity’s access to the seaport.
  225         (h) In addition to access permissions granted or denied by
  226  seaports, access eligibility may be restricted or revoked by the
  227  department if there is a reasonable suspicion that the person is
  228  involved in terrorism or criminal violations that could affect
  229  the security of a port or otherwise render the person ineligible
  230  for seaport access.
  231         (i) Any suspension or revocation of port access must be
  232  reported by the seaport to the department within 24 hours after
  233  such suspension or revocation.
  234         (j) The submission of information known to be false or
  235  misleading to the department for entry into the system is a
  236  felony of the third degree, punishable as provided in s.
  237  775.082, s. 775.083, or s. 775.084.
  239         (a) Any person seeking authorization for unescorted access
  240  to secure and restricted areas of a seaport must possess, unless
  241  waived under paragraph (7)(e), a valid federal Transportation
  242  Worker Identification Credential (TWIC).
  243         (b) A seaport may not charge any fee for the administration
  244  or production of any access control credential that requires or
  245  is associated with a fingerprint-based background check, in
  246  addition to the fee for the federal TWIC. A seaport may issue
  247  its own seaport-specific access credential and may charge a fee
  248  no greater than its actual administrative costs for the
  249  production and issuance of the credential. and execute an
  250  affidavit under oath which provides TWIC identification
  251  information and indicates the following:
  252         1. The TWIC is currently valid and in full force and
  253  effect.
  254         2. The TWIC was not received through the waiver process for
  255  disqualifying criminal history allowed by federal law.
  256         3. He or she has not, in any jurisdiction, civilian or
  257  military, been convicted of, entered a plea of guilty or nolo
  258  contendere to, regardless of adjudication, or been found not
  259  guilty by reason of insanity, of any disqualifying felony under
  260  subsection (7) or any crime that includes the use or possession
  261  of a firearm.
  262         (b) Upon submission of a completed affidavit as provided in
  263  paragraph (a), the completion of the state criminal history
  264  check as provided in subsection (7), and payment of all required
  265  fees under subsection (5), a seaport may grant the person access
  266  to secure or restricted areas of the port.
  267         (c) Any port granting a person access to secure or
  268  restricted areas shall report the grant of access to the
  269  Department of Law Enforcement for inclusion in the access
  270  eligibility reporting system under subsection (5) within 3
  271  business days.
  272         (d) The submission of false information on the affidavit
  273  required by this section is a felony of the third degree,
  274  punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
  275  Upon conviction for a violation of this provision, the person
  276  convicted forfeits all privilege of access to secure or
  277  restricted areas of a seaport and is disqualified from future
  278  approval for access to such areas.
  279         (e) Any affidavit form created for use under this
  280  subsection must contain the following statement in conspicuous
  284  SEAPORT.”
  285         (f) Upon each 5-year renewal of a person’s TWIC, the person
  286  must submit another affidavit as required by this subsection.
  287         (7) CRIMINAL HISTORY SCREENING.—A fingerprint-based
  288  criminal history check must be performed on employee applicants,
  289  current employees, and other persons authorized to regularly
  290  enter a secure or restricted area, or the entire seaport if the
  291  seaport security plan does not designate one or more secure or
  292  restricted areas.
  293         (a) A person is disqualified from employment or unescorted
  294  access if the person:
  295         1. Was convicted of, or entered a plea of guilty or nolo
  296  contendere to, regardless of adjudication, any of the offenses
  297  listed in paragraph (b) in any jurisdiction, civilian or
  298  military, including courts-martial conducted by the Armed Forces
  299  of the United States, during the 7 years before the date of the
  300  person’s application for access; or
  301         2. Was released from incarceration, or any supervision
  302  imposed as a result of sentencing, for committing any of the
  303  disqualifying crimes listed in paragraph (b) in any
  304  jurisdiction, civilian or military, during the 5 years before
  305  the date of the person’s application for access.
  306         (b) Disqualifying offenses include:
  307         1. An act of terrorism as defined in s. 775.30.
  308         2. A violation involving a weapon of mass destruction or a
  309  hoax weapon of mass destruction as provided in s. 790.166.
  310         3. Planting of a hoax bomb as provided in s. 790.165.
  311         4. A violation of s. 876.02 or s. 876.36.
  312         5. A violation of s. 860.065.
  313         6. Trafficking as provided in s. 893.135.
  314         7. Racketeering activity as provided in s. 895.03.
  315         8. Dealing in stolen property as provided in s. 812.019.
  316         9. Money laundering as provided in s. 896.101.
  317         10. Criminal use of personal identification as provided in
  318  s. 817.568.
  319         11. Bribery as provided in s. 838.015.
  320         12. A violation of s. 316.302, relating to the transport of
  321  hazardous materials.
  322         13. A forcible felony as defined in s. 776.08.
  323         14. A violation of s. 790.07.
  324         15. Any crime that includes the use or possession of a
  325  firearm.
  326         16. A felony violation for theft as provided in s. 812.014.
  327         17. Robbery as provided in s. 812.13.
  328         18. Burglary as provided in s. 810.02.
  329         19. Any violation involving the sale, manufacture,
  330  delivery, or possession with intent to sell, manufacture, or
  331  deliver a controlled substance.
  332         20. Any offense under the laws of another jurisdiction that
  333  is similar to an offense listed in this paragraph.
  334         21. Conspiracy or attempt to commit any of the offenses
  335  listed in this paragraph.
  336         (c) Each individual who is subject to a criminal history
  337  check shall file a complete set of fingerprints taken in a
  338  manner acceptable to the Department of Law Enforcement for state
  339  processing. The results of the criminal history check must be
  340  reported to the requesting seaport and may be shared among
  341  seaports.
  342         (d) All fingerprints submitted to the Department of Law
  343  Enforcement shall be retained by the department and entered into
  344  the statewide automated fingerprint identification system
  345  established in s. 943.05(2)(b) and available for use in
  346  accordance with s. 943.05(2)(g) and (h). An arrest record that
  347  is identified with the retained fingerprints of a person subject
  348  to the screening shall be reported to the seaport where the
  349  person has been granted access to a secure or restricted area.
  350  If the fingerprints of a person who has been granted access were
  351  not retained, or are otherwise not suitable for use by the
  352  department, the person must be refingerprinted in a manner that
  353  allows the department to perform its functions as provided in
  354  this section.
  355         (e) The Department of Law Enforcement shall establish a
  356  waiver process for a person who does not have a TWIC, obtained a
  357  TWIC though a federal waiver process, or is found to be
  358  unqualified under paragraph (a) and denied employment by a
  359  seaport or unescorted access to secure or restricted areas. If
  360  the person does not have a TWIC and a federal criminal history
  361  record check is required, the Department of Law Enforcement may
  362  forward the person’s fingerprints to the Federal Bureau of
  363  Investigation for a national criminal history record check. The
  364  cost of the national check must be paid by the seaport, which
  365  may collect it as reimbursement from the person.
  366         1. Consideration for a waiver shall be based on the
  367  circumstances of any disqualifying act or offense, restitution
  368  made by the individual, and other factors from which it may be
  369  determined that the individual does not pose a risk of engaging
  370  in any act within the public seaports regulated under this
  371  chapter that would pose a risk to or threaten the security of
  372  the seaport and the public’s health, safety, or welfare.
  373         2. The waiver process begins when an individual who has
  374  been denied initial employment within or denied unescorted
  375  access to secure or restricted areas of a public seaport submits
  376  an application for a waiver and a notarized letter or affidavit
  377  from the individual’s employer or union representative which
  378  states the mitigating reasons for initiating the waiver process.
  379         3. Within 90 days after receipt of the application, the
  380  administrative staff of the Parole Commission shall conduct a
  381  factual review of the waiver application. Findings of fact shall
  382  be transmitted to the department for review. The department
  383  shall make a copy of those findings available to the applicant
  384  before final disposition of the waiver request.
  385         4. The department shall make a final disposition of the
  386  waiver request based on the factual findings of the
  387  investigation by the Parole Commission. The department shall
  388  notify the waiver applicant of the final disposition of the
  389  waiver.
  390         5. The review process under this paragraph is exempt from
  391  chapter 120.
  392         6. By October 1 of each year, each seaport shall report to
  393  the department each instance of denial of employment within, or
  394  access to, secure or restricted areas, and each instance waiving
  395  a denial occurring during the last 12 months. The report must
  396  include the identity of the individual affected, the factors
  397  supporting the denial or waiver, and any other material factors
  398  used to make the determination.
  399         (f) In addition to the waiver procedure established by the
  400  Department of Law Enforcement under paragraph (e), each seaport
  401  security plan may establish a procedure to appeal a denial of
  402  employment or access based upon procedural inaccuracies or
  403  discrepancies regarding criminal history factors established
  404  pursuant to this subsection.
  405         (g) Each seaport may allow immediate waivers on a temporary
  406  basis to meet special or emergency needs of the seaport or its
  407  users. Policies, procedures, and criteria for implementation of
  408  this paragraph must be included in the seaport security plan.
  409  All waivers granted by the seaports pursuant to this paragraph
  410  must be reported to the department within 30 days after
  411  issuance.
  412         (8) WAIVER FROM SECURITY REQUIREMENTS.—The Office of Drug
  413  Control and the Department of Law Enforcement may modify or
  414  waive any physical facility requirement or other requirement
  415  contained in the minimum security standards upon a determination
  416  that the purposes of the standards have been reasonably met or
  417  exceeded by the seaport requesting the modification or waiver.
  418  An alternate means of compliance must not diminish the safety or
  419  security of the seaport and must be verified through an
  420  extensive risk analysis conducted by the seaport director.
  421         (a) Waiver requests shall be submitted in writing, along
  422  with supporting documentation, to the Office of Drug Control and
  423  the Department of Law Enforcement. The office and the department
  424  have 90 days to jointly grant or reject the waiver, in whole or
  425  in part.
  426         (b) The seaport may submit any waivers that are not granted
  427  or are jointly rejected to the Domestic Security Oversight
  428  Council for review within 90 days. The council shall recommend
  429  that the Office of Drug Control and the Department of Law
  430  Enforcement grant the waiver or reject the waiver, in whole or
  431  in part. The office and the department shall give great weight
  432  to the council’s recommendations.
  433         (c) A request seeking a waiver from the seaport law
  434  enforcement personnel standards established under s. 311.122(3)
  435  may not be granted for percentages below 10 percent.
  436         (d) Any modifications or waivers granted under this
  437  subsection shall be noted in the annual report submitted by the
  438  Department of Law Enforcement pursuant to subsection (10).
  439         (5)(9) INSPECTIONS.—It is the intent of the Legislature
  440  that the state’s seaports adhere to security practices that are
  441  consistent with the risks assigned to each seaport through the
  442  ongoing risk assessment process established in paragraph
  443  (2)(3)(a).
  444         (a) The Department of Law Enforcement, or any entity
  445  designated by the department, may shall conduct at least one
  446  annual unannounced inspections inspection of each seaport to
  447  determine whether the seaport is meeting the requirements under
  448  33 C.F.R. s. 105.305 minimum security standards established
  449  pursuant to subsection (1) and to identify seaport security
  450  changes or improvements needed or otherwise recommended.
  451         (b) The Department of Law Enforcement, or any entity
  452  designated by the department, may conduct additional announced
  453  or unannounced inspections or operations within or affecting any
  454  seaport to test compliance with, or the effectiveness of,
  455  security plans and operations at each seaport, to determine
  456  compliance with physical facility requirements and standards, or
  457  to assist the department in identifying changes or improvements
  458  needed to bring a seaport into compliance with minimum security
  459  standards.
  460         (c) Within 30 days after completing the inspection report,
  461  the department shall submit a copy of the report to the Domestic
  462  Security Oversight Council.
  463         (d) A seaport may request that the Domestic Security
  464  Oversight Council review the findings in the department’s report
  465  as they relate to the requirements of this section. The council
  466  may review only those findings that are in dispute by the
  467  seaport. In reviewing the disputed findings, the council may
  468  concur in the findings of the department or the seaport or may
  469  recommend corrective action to the seaport. The department and
  470  the seaport shall give great weight to the council’s findings
  471  and recommendations.
  472         (e) All seaports shall allow the Department of Law
  473  Enforcement, or an entity designated by the department,
  474  unimpeded access to affected areas and facilities for the
  475  purpose of plan or compliance inspections or other operations
  476  authorized by this section.
  477         (6)(10) REPORTS.—The Department of Law Enforcement, in
  478  consultation with the Office of Drug Control, shall annually
  479  complete a report indicating the observations and findings of
  480  all reviews, inspections, or other operations relating to the
  481  seaports conducted during the year and any recommendations
  482  resulting from such reviews, inspections, and operations. A copy
  483  of the report shall be provided to the Governor, the President
  484  of the Senate, the Speaker of the House of Representatives, the
  485  governing body of each seaport or seaport authority, and each
  486  seaport director. The report must include each director’s
  487  response indicating what actions, if any, have been taken or are
  488  planned to be taken pursuant to the observations, findings, and
  489  recommendations reported by the department.
  490         (7)(11) FUNDING.—
  491         (a) In making decisions regarding security projects or
  492  other funding applicable to each seaport listed in s. 311.09,
  493  the Legislature may consider the Department of Law Enforcement’s
  494  annual report under subsection (6) (10) as authoritative,
  495  especially regarding each seaport’s degree of substantial
  496  compliance with the minimum security standards established in
  497  subsection (1).
  498         (b) The Legislature shall regularly review the ongoing
  499  costs of operational security on seaports, the impacts of this
  500  section on those costs, mitigating factors that may reduce costs
  501  without reducing security, and the methods by which seaports may
  502  implement operational security using a combination of sworn law
  503  enforcement officers and private security services.
  504         (c) Subject to the provisions of this chapter and
  505  appropriations made for seaport security, state funds may not be
  506  expended for security costs without certification of need for
  507  such expenditures by the Office of Ports Administrator within
  508  the Department of Law Enforcement.
  509         (d) If funds are appropriated for seaport security, the
  510  Office of Drug Control, the Department of Law Enforcement, and
  511  the Florida Seaport Transportation and Economic Development
  512  Council shall mutually determine the allocation of such funds
  513  for security project needs identified in the approved seaport
  514  security plans. Any seaport that receives state funds for
  515  security projects must enter into a joint participation
  516  agreement with the appropriate state entity and use the seaport
  517  security plan as the basis for the agreement.
  518         1. If funds are made available over more than 1 fiscal
  519  year, the agreement must reflect the entire scope of the project
  520  approved in the security plan and, as practicable, allow for
  521  reimbursement for authorized projects over more than 1 year.
  522         2. The agreement may include specific timeframes for
  523  completion of a security project and the applicable funding
  524  reimbursement dates. The agreement may also require a
  525  contractual penalty of up to $1,000 per day to be imposed for
  526  failure to meet project completion dates if state funding is
  527  available. Any such penalty shall be deposited into the State
  528  Transportation Trust Fund and used for seaport security
  529  operations and capital improvements.
  530         Section 2. Subsection (2) of section 311.121, Florida
  531  Statutes, is amended to read:
  532         311.121 Qualifications, training, and certification of
  533  licensed security officers at Florida seaports.—
  534         (2) The authority or governing board of each seaport
  535  identified under s. 311.09 that is subject to the statewide
  536  minimum seaport security standards referenced established in s.
  537  311.12 shall require that a candidate for certification as a
  538  seaport security officer:
  539         (a) Has received a Class D license as a security officer
  540  under chapter 493.
  541         (b) Has successfully completed the certified training
  542  curriculum for a Class D license or has been determined by the
  543  Department of Agriculture and Consumer Services to have
  544  equivalent experience as established by rule of the department.
  545         (c) Has completed the training or training equivalency and
  546  testing process established by this section for becoming a
  547  certified seaport security officer.
  548         Section 3. Subsection (1) of section 311.123, Florida
  549  Statutes, is amended to read:
  550         311.123 Maritime domain security awareness training
  551  program.—
  552         (1) The Florida Seaport Transportation and Economic
  553  Development Council, in conjunction with the Department of Law
  554  Enforcement and the Office of Drug Control within the Executive
  555  Office of the Governor, shall create a maritime domain security
  556  awareness training program to instruct all personnel employed
  557  within a seaport’s boundaries about the security procedures
  558  required of them for implementation of the seaport security plan
  559  required under s. 311.12(2)(3).
  560         Section 4. Subsection (1) of section 311.124, Florida
  561  Statutes, is amended to read:
  562         311.124 Trespassing; detention by a certified seaport
  563  security officer.—
  564         (1) Any Class D or Class G seaport security officer
  565  certified under the federal Maritime Transportation Security Act
  566  of 2002 guidelines and s. 311.121 or any employee of the seaport
  567  security force certified under the federal Maritime
  568  Transportation Security Act of 2002 guidelines and s. 311.121
  569  who has probable cause to believe that a person is trespassing
  570  pursuant to s. 810.08 or s. 810.09 or this chapter in a
  571  designated secure or restricted area pursuant to s. 311.12(3)(4)
  572  is authorized to detain such person in a reasonable manner for a
  573  reasonable period of time pending the arrival of a law
  574  enforcement officer, and such action does not render the
  575  security officer criminally or civilly liable for false arrest,
  576  false imprisonment, or unlawful detention.
  577         Section 5. Section 311.115, Florida Statutes, is repealed.
  578         Section 6. This act shall take effect July 1, 2011.