Florida Senate - 2011                              CS for SB 524
       By the Committee on Transportation; and Senators Latvala, Hill,
       Garcia, Joyner, Ring, Storms, Gaetz, Bennett, and Jones
       596-02582-11                                           2011524c1
    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
    6         exempt all or part of a seaport from specified
    7         requirements in certain circumstances; revising
    8         provisions relating to seaport security plans;
    9         revising requirements for certain secure or restricted
   10         areas; removing the Department of Law Enforcement and
   11         seaport security directors as entities authorized to
   12         designate a high terrorist threat level; deleting
   13         provisions requiring that the Department of Law
   14         Enforcement administer a statewide seaport access
   15         eligibility reporting system; deleting provisions
   16         requiring that persons seeking authorization to access
   17         secure and restricted areas of a seaport execute an
   18         affidavit; prohibiting a seaport from charging any fee
   19         for administration or production of access control
   20         credentials that require or are associated with a
   21         fingerprint-based background check, in addition to the
   22         fee for the federal TWIC; providing for issuance of
   23         seaport-specific access credentials; deleting
   24         provisions requiring fingerprint-based state criminal
   25         history checks on seaport employee applicants, current
   26         employees, and other authorized persons; deleting
   27         provisions authorizing waivers from security
   28         requirements in certain circumstances; revising
   29         provisions relating to inspections; revising reporting
   30         requirements; revising the parties that determine the
   31         allocation of appropriated funds for security project
   32         needs; amending ss. 311.121, 311.123, and 311.124,
   33         F.S.; conforming provisions to changes made by the
   34         act; repealing s. 311.115, F.S., relating to the
   35         Seaport Security Standards Advisory Council; amending
   36         s. 310.002, F.S.; redefining the term “port” to
   37         include Port Citrus; amending s. 311.09, F.S.;
   38         including a representative of Port Citrus as a member
   39         of the Florida Seaport Transportation and Economic
   40         Development Council; amending s. 374.976, F.S.;
   41         conforming provisions to include Port Citrus in
   42         provisions relating to the authority of inland
   43         navigation districts; amending s. 403.021, F.S.;
   44         conforming provisions to include Port Citrus in
   45         legislative declarations relating to environmental
   46         control; amending s. 403.061, F.S.; conforming
   47         provisions to include Port Citrus in provisions
   48         relating to powers of the Department of Environmental
   49         Protection; amending s. 403.813, F.S.; conforming
   50         provisions to include Port Citrus in provisions
   51         relating to permits issued at Department of
   52         Environmental Protection district centers; amending s.
   53         403.816, F.S.; conforming provisions to include Port
   54         Citrus in provisions relating to certain maintenance
   55         projects at deepwater ports and beach restoration
   56         projects; providing an effective date.
   58  Be It Enacted by the Legislature of the State of Florida:
   60         Section 1. Section 311.12, Florida Statutes, is amended to
   61  read:
   62         311.12 Seaport security.—
   63         (1) SECURITY STANDARDS.—
   64         (a) The statewide minimum standards for seaport security
   65  applicable to seaports listed in s. 311.09 shall be those based
   66  on the Florida Seaport Security Assessment 2000 and set forth in
   67  the Port Security Standards Compliance Plan delivered to the
   68  Speaker of the House of Representatives and the President of the
   69  Senate on December 11, 2000. The Office of Drug Control within
   70  the Executive Office of the Governor shall maintain a sufficient
   71  number of copies of the standards at its offices for
   72  distribution to the public and provide copies to each affected
   73  seaport upon request.
   74         (a)(b) A seaport may implement security measures that are
   75  more stringent, more extensive, or supplemental to the
   76  applicable federal security regulations, including federal
   77  facility security assessment requirements under 33 C.F.R. s.
   78  105.305 minimum security standards established by this
   79  subsection.
   80         (b)(c) The provisions of s. 790.251 are not superseded,
   81  preempted, or otherwise modified in any way by the provisions of
   82  this section.
   83         (2) EXEMPTION.—The Department of Law Enforcement may exempt
   84  all or part of a seaport listed in s. 311.09 from the
   85  requirements of this section if the department determines that
   86  activity associated with the use of the seaport or part of the
   87  seaport is not vulnerable to criminal activity or terrorism. The
   88  department shall periodically review such exemptions to
   89  determine if there is a change in use. Such change may warrant
   90  removal of all or part of the exemption.
   91         (2)(3) SECURITY PLAN.—
   92         (a) Each seaport listed in s. 311.09 shall adopt and
   93  maintain a security plan specific to that seaport which provides
   94  for a secure seaport infrastructure that promotes the safety and
   95  security of state residents and visitors and the flow of
   96  legitimate trade and travel.
   97         (b)(a)Each seaport Every 5 years after January 1, 2007,
   98  each seaport director, with the assistance of the Regional
   99  Domestic Security Task Force and in conjunction with the United
  100  States Coast Guard, shall periodically revise the seaport’s
  101  security plan based on the seaport’s director’s ongoing
  102  assessment of security risks, the risks of terrorist activities,
  103  and the specific and identifiable needs of the seaport for
  104  ensuring that the seaport is in substantial compliance with
  105  applicable federal security regulations, including federal
  106  facility security assessment requirements under 33 C.F.R. s.
  107  105.305 the minimum security standards established under
  108  subsection (1).
  109         (b) Each adopted or revised security plan must be reviewed
  110  and approved by the Office of Drug Control and the Department of
  111  Law Enforcement for compliance with federal facility security
  112  assessment requirements under 33 C.F.R. s. 105.305 and the
  113  minimum security standards established under subsection (1).
  114  Within 30 days after completion, a copy of the written review
  115  shall be delivered to the United States Coast Guard, the
  116  Regional Domestic Security Task Force, and the Domestic Security
  117  Oversight Council.
  118         (3)(4) SECURE AND RESTRICTED AREAS.—Each seaport listed in
  119  s. 311.09 must clearly designate in seaport security plans, and
  120  clearly identify with appropriate signs and markers on the
  121  premises of a seaport, all secure and restricted areas as
  122  defined by 33 C.F.R. part 105 the United States Department of
  123  Homeland Security-United States Coast Guard Navigation and
  124  Vessel Inspection Circular No. 03-07 and 49 C.F.R. part 1572.
  125  The plans must also address access eligibility requirements and
  126  corresponding security enforcement authorizations.
  127         (a) The seaport’s security plan must set forth the
  128  conditions and restrictions to be imposed on persons employed
  129  at, doing business at, or visiting the seaport who have access
  130  to secure and restricted areas which are sufficient to provide
  131  substantial compliance with the minimum security standards
  132  established in subsection (1) and federal regulations.
  133         1. All seaport employees and other persons working at the
  134  seaport who have regular access to secure or restricted areas
  135  must comply with federal access control regulations and state
  136  criminal history checks as prescribed in this section.
  137         2. All persons and objects in secure and restricted areas
  138  are subject to search by a sworn state-certified law enforcement
  139  officer, a Class D seaport security officer certified under
  140  Maritime Transportation Security Act of 2002 guidelines and s.
  141  311.121, or an employee of the seaport security force certified
  142  under the Maritime Transportation Security Act of 2002
  143  guidelines and s. 311.121.
  144         3. Persons found in these areas without the proper
  145  permission are subject to the trespass provisions of ss. 810.08
  146  and 810.09.
  147         (b) As determined by the seaport director’s most current
  148  risk assessment under paragraph (3)(a), any secure or restricted
  149  area that has a potential human occupancy of 50 persons or more,
  150  any cruise terminal, or any business operation that is adjacent
  151  to a public access area must be protected from the most probable
  152  and credible terrorist threat to human life.
  153         (b)(c) The seaport must provide clear notice of the
  154  prohibition against possession of concealed weapons and other
  155  contraband material on the premises of the seaport. Any person
  156  in a restricted area who has in his or her possession a
  157  concealed weapon, or who operates or has possession or control
  158  of a vehicle in or upon which a concealed weapon is placed or
  159  stored, commits a misdemeanor of the first degree, punishable as
  160  provided in s. 775.082 or s. 775.083. This paragraph does not
  161  apply to active-duty certified federal or state law enforcement
  162  personnel or persons so designated by the seaport director in
  163  writing.
  164         (c)(d) During a period of high terrorist threat level, as
  165  designated by the United States Department of Homeland Security
  166  or the Department of Law Enforcement, or during an emergency
  167  declared at a port by the seaport security director due to
  168  events applicable to that particular seaport, the management or
  169  controlling authority of the port may temporarily designate any
  170  part of the seaport property as a secure or restricted area. The
  171  duration of such designation is limited to the period in which
  172  the high terrorist threat level is in effect or a port emergency
  173  exists.
  175  legislative appropriations, the Department of Law Enforcement
  176  shall administer a statewide seaport access eligibility
  177  reporting system.
  178         (a) The system must include, at a minimum, the following:
  179         1. A centralized, secure method of collecting and
  180  maintaining fingerprints, other biometric data, or other means
  181  of confirming the identity of persons authorized to enter a
  182  secure or restricted area of a seaport.
  183         2. A methodology for receiving from and transmitting
  184  information to each seaport regarding a person’s authority to
  185  enter a secure or restricted area of the seaport.
  186         3. A means for receiving prompt notification from a seaport
  187  when a person’s authorization to enter a secure or restricted
  188  area of a seaport has been suspended or revoked.
  189         4. A means to communicate to seaports when a person’s
  190  authorization to enter a secure or restricted area of a seaport
  191  has been suspended or revoked.
  192         (b) Each seaport listed in s. 311.09 is responsible for
  193  granting, modifying, restricting, or denying access to secure
  194  and restricted areas to seaport employees, other persons working
  195  at the seaport, visitors who have business with the seaport, or
  196  other persons regularly appearing at the seaport. Based upon the
  197  person’s criminal history check, each seaport may determine the
  198  specific access eligibility to be granted to that person. Each
  199  seaport is responsible for access eligibility verification at
  200  its location.
  201         (c) Upon determining that a person is eligible to enter a
  202  secure or restricted area of a port pursuant to subsections (6)
  203  and (7), the seaport shall, within 3 business days, report the
  204  determination to the department for inclusion in the system.
  205         (d) All information submitted to the department regarding a
  206  person’s access eligibility screening may be retained by the
  207  department for subsequent use in promoting seaport security,
  208  including, but not limited to, the review of the person’s
  209  criminal history status to ensure that the person has not become
  210  disqualified for such access.
  211         (e) The following fees may not be charged by more than one
  212  seaport and shall be paid by the seaport, another employing
  213  entity, or the person being entered into the system to the
  214  department or to the seaport if the seaport is acting as an
  215  agent of the department for the purpose of collecting the fees:
  216         1. The cost of the state criminal history check under
  217  subsection (7).
  218         2. A $50 fee to cover the initial cost of entering the
  219  person into the system and an additional $50 fee every 5 years
  220  thereafter to coincide with the issuance of the federal
  221  Transportation Worker Identification Credential described in
  222  subsection (6). The fee covers all costs for entering or
  223  maintaining the person in the system including the retention and
  224  use of the person’s fingerprint, other biometric data, or other
  225  identifying information.
  226         3. The seaport entering the person into the system may
  227  charge an administrative fee to cover, but not exceed, the
  228  seaport’s actual administrative costs for processing the results
  229  of the state criminal history check and entering the person into
  230  the system.
  231         (f) All fees identified in paragraph (e) must be paid
  232  before the person may be granted access to a secure or
  233  restricted area. Failure to comply with the criminal history
  234  check and failure to pay the fees are grounds for immediate
  235  denial of access.
  236         (g) Persons, corporations, or other business entities that
  237  employ persons to work or do business at seaports shall notify
  238  the seaport of the termination, resignation, work-related
  239  incapacitation, or death of an employee who has access
  240  permission.
  241         1. If the seaport determines that the person has been
  242  employed by another appropriate entity or is self-employed for
  243  purposes of performing work at the seaport, the seaport may
  244  reinstate the person’s access eligibility.
  245         2. A business entity’s failure to report a change in an
  246  employee’s work status within 7 days after the change may result
  247  in revocation of the business entity’s access to the seaport.
  248         (h) In addition to access permissions granted or denied by
  249  seaports, access eligibility may be restricted or revoked by the
  250  department if there is a reasonable suspicion that the person is
  251  involved in terrorism or criminal violations that could affect
  252  the security of a port or otherwise render the person ineligible
  253  for seaport access.
  254         (i) Any suspension or revocation of port access must be
  255  reported by the seaport to the department within 24 hours after
  256  such suspension or revocation.
  257         (j) The submission of information known to be false or
  258  misleading to the department for entry into the system is a
  259  felony of the third degree, punishable as provided in s.
  260  775.082, s. 775.083, or s. 775.084.
  262         (a) Any person seeking authorization for unescorted access
  263  to secure and restricted areas of a seaport must possess, unless
  264  waived under paragraph (7)(e), a valid federal Transportation
  265  Worker Identification Credential (TWIC).
  266         (b) A seaport may not charge a fee for the administration
  267  or production of any access control credential that requires or
  268  is associated with a fingerprint-based background check, in
  269  addition to the fee for the federal TWIC. Beginning July 1,
  270  2013, a seaport may not charge a fee for a seaport-specific
  271  access credential issued in addition to the federal TWIC, except
  272  under the following circumstances:
  273         1. The individual seeking to gain secured access is a new
  274  hire as defined under 33 C.F.R. s. 105; or
  275         2. The individual has lost or misplaced his or her federal
  276  TWIC. and execute an affidavit under oath which provides TWIC
  277  identification information and indicates the following:
  278         1. The TWIC is currently valid and in full force and
  279  effect.
  280         2. The TWIC was not received through the waiver process for
  281  disqualifying criminal history allowed by federal law.
  282         3. He or she has not, in any jurisdiction, civilian or
  283  military, been convicted of, entered a plea of guilty or nolo
  284  contendere to, regardless of adjudication, or been found not
  285  guilty by reason of insanity, of any disqualifying felony under
  286  subsection (7) or any crime that includes the use or possession
  287  of a firearm.
  288         (b) Upon submission of a completed affidavit as provided in
  289  paragraph (a), the completion of the state criminal history
  290  check as provided in subsection (7), and payment of all required
  291  fees under subsection (5), a seaport may grant the person access
  292  to secure or restricted areas of the port.
  293         (c) Any port granting a person access to secure or
  294  restricted areas shall report the grant of access to the
  295  Department of Law Enforcement for inclusion in the access
  296  eligibility reporting system under subsection (5) within 3
  297  business days.
  298         (d) The submission of false information on the affidavit
  299  required by this section is a felony of the third degree,
  300  punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
  301  Upon conviction for a violation of this provision, the person
  302  convicted forfeits all privilege of access to secure or
  303  restricted areas of a seaport and is disqualified from future
  304  approval for access to such areas.
  305         (e) Any affidavit form created for use under this
  306  subsection must contain the following statement in conspicuous
  310  SEAPORT.”
  311         (f) Upon each 5-year renewal of a person’s TWIC, the person
  312  must submit another affidavit as required by this subsection.
  313         (7) CRIMINAL HISTORY SCREENING.—A fingerprint-based
  314  criminal history check must be performed on employee applicants,
  315  current employees, and other persons authorized to regularly
  316  enter a secure or restricted area, or the entire seaport if the
  317  seaport security plan does not designate one or more secure or
  318  restricted areas.
  319         (a) A person is disqualified from employment or unescorted
  320  access if the person:
  321         1. Was convicted of, or entered a plea of guilty or nolo
  322  contendere to, regardless of adjudication, any of the offenses
  323  listed in paragraph (b) in any jurisdiction, civilian or
  324  military, including courts-martial conducted by the Armed Forces
  325  of the United States, during the 7 years before the date of the
  326  person’s application for access; or
  327         2. Was released from incarceration, or any supervision
  328  imposed as a result of sentencing, for committing any of the
  329  disqualifying crimes listed in paragraph (b) in any
  330  jurisdiction, civilian or military, during the 5 years before
  331  the date of the person’s application for access.
  332         (b) Disqualifying offenses include:
  333         1. An act of terrorism as defined in s. 775.30.
  334         2. A violation involving a weapon of mass destruction or a
  335  hoax weapon of mass destruction as provided in s. 790.166.
  336         3. Planting of a hoax bomb as provided in s. 790.165.
  337         4. A violation of s. 876.02 or s. 876.36.
  338         5. A violation of s. 860.065.
  339         6. Trafficking as provided in s. 893.135.
  340         7. Racketeering activity as provided in s. 895.03.
  341         8. Dealing in stolen property as provided in s. 812.019.
  342         9. Money laundering as provided in s. 896.101.
  343         10. Criminal use of personal identification as provided in
  344  s. 817.568.
  345         11. Bribery as provided in s. 838.015.
  346         12. A violation of s. 316.302, relating to the transport of
  347  hazardous materials.
  348         13. A forcible felony as defined in s. 776.08.
  349         14. A violation of s. 790.07.
  350         15. Any crime that includes the use or possession of a
  351  firearm.
  352         16. A felony violation for theft as provided in s. 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 that
  359  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 temporary
  432  basis to meet special or emergency needs of the seaport or its
  433  users. Policies, procedures, and criteria for implementation of
  434  this paragraph must be included in the seaport security plan.
  435  All waivers granted by the seaports pursuant to this paragraph
  436  must be reported to the department within 30 days after
  437  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 granted
  453  or are jointly rejected to the Domestic Security Oversight
  454  Council for review within 90 days. The council shall recommend
  455  that the Office of Drug Control and the Department of Law
  456  Enforcement grant the waiver or reject the waiver, in whole or
  457  in part. The office and the department shall give great weight
  458  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         (5)(9) INSPECTIONS.—It is the intent of the Legislature
  466  that 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 subsection (2)
  469  paragraph (3)(a).
  470         (a) The Department of Law Enforcement, or any entity
  471  designated by the department, may shall conduct at least one
  472  annual unannounced inspections inspection of each seaport to
  473  determine whether the seaport is meeting the requirements under
  474  33 C.F.R. s. 105.305 minimum security standards established
  475  pursuant to subsection (1) and to identify seaport security
  476  changes or improvements needed or otherwise recommended.
  477         (b) The Department of Law Enforcement, or any entity
  478  designated by the department, may conduct additional announced
  479  or unannounced inspections or operations within or affecting any
  480  seaport to test compliance with, or the effectiveness of,
  481  security plans and operations at each seaport, to determine
  482  compliance with physical facility requirements and standards, or
  483  to assist the department in identifying changes or improvements
  484  needed to bring a seaport into compliance with minimum security
  485  standards.
  486         (c) Within 30 days after completing the inspection report,
  487  the department shall submit a copy of the report to the Domestic
  488  Security Oversight Council.
  489         (d) A seaport may request that the Domestic Security
  490  Oversight Council review the findings in the department’s report
  491  as they relate to the requirements of this section. The council
  492  may review only those findings that are in dispute by the
  493  seaport. In reviewing the disputed findings, the council may
  494  concur in the findings of the department or the seaport or may
  495  recommend corrective action to the seaport. The department and
  496  the seaport shall give great weight to the council’s findings
  497  and recommendations.
  498         (e) All seaports shall allow the Department of Law
  499  Enforcement, or an entity designated by the department,
  500  unimpeded access to affected areas and facilities for the
  501  purpose of plan or compliance inspections or other operations
  502  authorized by this section.
  503         (6)(10) REPORTS.—The Department of Law Enforcement, in
  504  consultation with the Office of Drug Control, shall annually
  505  complete a report indicating the observations and findings of
  506  all reviews, inspections, or other operations relating to the
  507  seaports conducted during the year and any recommendations
  508  resulting from such reviews, inspections, and operations. A copy
  509  of the report shall be provided to the Governor, the President
  510  of the Senate, the Speaker of the House of Representatives, the
  511  governing body of each seaport or seaport authority, and each
  512  seaport director. The report must include each director’s
  513  response indicating what actions, if any, have been taken or are
  514  planned to be taken pursuant to the observations, findings, and
  515  recommendations reported by the department.
  516         (7)(11) FUNDING.—
  517         (a) In making decisions regarding security projects or
  518  other funding applicable to each seaport listed in s. 311.09,
  519  the Legislature may consider the Department of Law Enforcement’s
  520  annual report under subsection (6) (10) as authoritative,
  521  especially regarding each seaport’s degree of substantial
  522  compliance with the minimum security standards established in
  523  subsection (1).
  524         (b) The Legislature shall regularly review the ongoing
  525  costs of operational security on seaports, the impacts of this
  526  section on those costs, mitigating factors that may reduce costs
  527  without reducing security, and the methods by which seaports may
  528  implement operational security using a combination of sworn law
  529  enforcement officers and private security services.
  530         (c) Subject to the provisions of this chapter and
  531  appropriations made for seaport security, state funds may not be
  532  expended for security costs without certification of need for
  533  such expenditures by the Office of Ports Administrator within
  534  the Department of Law Enforcement.
  535         (d) If funds are appropriated for seaport security, the
  536  Office of Drug Control, the Department of Law Enforcement, and
  537  the Florida Seaport Transportation and Economic Development
  538  Council shall mutually determine the allocation of such funds
  539  for security project needs identified in the approved seaport
  540  security plans. Any seaport that receives state funds for
  541  security projects must enter into a joint participation
  542  agreement with the appropriate state entity and use the seaport
  543  security plan as the basis for the agreement.
  544         1. If funds are made available over more than 1 fiscal
  545  year, the agreement must reflect the entire scope of the project
  546  approved in the security plan and, as practicable, allow for
  547  reimbursement for authorized projects over more than 1 year.
  548         2. The agreement may include specific timeframes for
  549  completion of a security project and the applicable funding
  550  reimbursement dates. The agreement may also require a
  551  contractual penalty of up to $1,000 per day to be imposed for
  552  failure to meet project completion dates if state funding is
  553  available. Any such penalty shall be deposited into the State
  554  Transportation Trust Fund and used for seaport security
  555  operations and capital improvements.
  556         Section 2. Subsection (2) of section 311.121, Florida
  557  Statutes, is amended to read:
  558         311.121 Qualifications, training, and certification of
  559  licensed security officers at Florida seaports.—
  560         (2) The authority or governing board of each seaport
  561  identified under s. 311.09 that is subject to the statewide
  562  minimum seaport security standards referenced established in s.
  563  311.12 shall require that a candidate for certification as a
  564  seaport security officer:
  565         (a) Has received a Class D license as a security officer
  566  under chapter 493.
  567         (b) Has successfully completed the certified training
  568  curriculum for a Class D license or has been determined by the
  569  Department of Agriculture and Consumer Services to have
  570  equivalent experience as established by rule of the department.
  571         (c) Has completed the training or training equivalency and
  572  testing process established by this section for becoming a
  573  certified seaport security officer.
  574         Section 3. Subsection (1) of section 311.123, Florida
  575  Statutes, is amended to read:
  576         311.123 Maritime domain security awareness training
  577  program.—
  578         (1) The Florida Seaport Transportation and Economic
  579  Development Council, in conjunction with the Department of Law
  580  Enforcement and the Office of Drug Control within the Executive
  581  Office of the Governor, shall create a maritime domain security
  582  awareness training program to instruct all personnel employed
  583  within a seaport’s boundaries about the security procedures
  584  required of them for implementation of the seaport security plan
  585  required under s. 311.12(2)(3).
  586         Section 4. Subsection (1) of section 311.124, Florida
  587  Statutes, is amended to read:
  588         311.124 Trespassing; detention by a certified seaport
  589  security officer.—
  590         (1) Any Class D or Class G seaport security officer
  591  certified under the federal Maritime Transportation Security Act
  592  of 2002 guidelines and s. 311.121 or any employee of the seaport
  593  security force certified under the federal Maritime
  594  Transportation Security Act of 2002 guidelines and s. 311.121
  595  who has probable cause to believe that a person is trespassing
  596  pursuant to s. 810.08 or s. 810.09 or this chapter in a
  597  designated secure or restricted area pursuant to s. 311.12(3)(4)
  598  is authorized to detain such person in a reasonable manner for a
  599  reasonable period of time pending the arrival of a law
  600  enforcement officer, and such action does not render the
  601  security officer criminally or civilly liable for false arrest,
  602  false imprisonment, or unlawful detention.
  603         Section 5. Section 311.115, Florida Statutes, is repealed.
  604         Section 6. Subsection (4) of section 310.002, Florida
  605  Statutes, is amended to read:
  606         310.002 Definitions.—As used in this chapter, except where
  607  the context clearly indicates otherwise:
  608         (4) “Port” means any place in the state into which vessels
  609  enter or depart and includes, without limitation, Fernandina,
  610  Nassau Inlet, Jacksonville, St. Augustine, Canaveral, Port
  611  Citrus, Ft. Pierce, Palm Beach, Port Everglades, Miami, Key
  612  West, Boca Grande, Charlotte Harbor, Punta Gorda, Tampa, Port
  613  Tampa, Port Manatee, St. Petersburg, Clearwater, Apalachicola,
  614  Carrabelle, Panama City, Port St. Joe, and Pensacola.
  615         Section 7. Subsection (1) of section 311.09, Florida
  616  Statutes, is amended to read:
  617         311.09 Florida Seaport Transportation and Economic
  618  Development Council.—
  619         (1) The Florida Seaport Transportation and Economic
  620  Development Council is created within the Department of
  621  Transportation. The council consists of the following 18 17
  622  members: the port director, or the port director’s designee, of
  623  each of the ports of Jacksonville, Port Canaveral, Port Citrus,
  624  Fort Pierce, Palm Beach, Port Everglades, Miami, Port Manatee,
  625  St. Petersburg, Tampa, Port St. Joe, Panama City, Pensacola, Key
  626  West, and Fernandina; the secretary of the Department of
  627  Transportation or his or her designee; the director of the
  628  Office of Tourism, Trade, and Economic Development or his or her
  629  designee; and the secretary of the Department of Community
  630  Affairs or his or her designee.
  631         Section 8. Paragraph (c) of subsection (1) of section
  632  374.976, Florida Statutes, is amended to read:
  633         374.976 Authority to address impacts of waterway
  634  development projects.—
  635         (1) Each inland navigation district is empowered and
  636  authorized to undertake programs intended to alleviate the
  637  problems associated with its waterway or waterways, including,
  638  but not limited to, the following:
  639         (c) The district is authorized to aid and cooperate with
  640  the Federal Government; state; member counties; nonmember
  641  counties that contain any part of the intracoastal waterway
  642  within their boundaries; navigation districts; the seaports of
  643  Jacksonville, Port Canaveral, Port Citrus, Fort Pierce, Palm
  644  Beach, Port Everglades, Miami, Port Manatee, St. Petersburg,
  645  Tampa, Port St. Joe, Panama City, Pensacola, Key West, and
  646  Fernandina; and local governments within the district in
  647  planning and carrying out public navigation, local and regional
  648  anchorage management, beach renourishment, public recreation,
  649  inlet management, environmental education, and boating safety
  650  projects, directly related to the waterways. The district is
  651  also authorized to enter into cooperative agreements with the
  652  United States Army Corps of Engineers, state, and member
  653  counties, and to covenant in any such cooperative agreement to
  654  pay part of the costs of acquisition, planning, development,
  655  construction, reconstruction, extension, improvement, operation,
  656  and maintenance of such projects.
  657         Section 9. Subsection (9) of section 403.021, Florida
  658  Statutes, is amended to read:
  659         403.021 Legislative declaration; public policy.—
  660         (9)(a) The Legislature finds and declares that it is
  661  essential to preserve and maintain authorized water depth in the
  662  existing navigation channels, port harbors, turning basins, and
  663  harbor berths of this state in order to provide for the
  664  continued safe navigation of deepwater shipping commerce. The
  665  department shall recognize that maintenance of authorized water
  666  depths consistent with port master plans developed pursuant to
  667  s. 163.3178(2)(k) is an ongoing, continuous, beneficial, and
  668  necessary activity that is in the public interest; and it shall
  669  develop a regulatory process that shall enable the ports of this
  670  state to conduct such activities in an environmentally sound,
  671  safe, expeditious, and cost-efficient manner. It is the further
  672  intent of the Legislature that the permitting and enforcement of
  673  dredging, dredged-material management, and other related
  674  activities for Florida’s deepwater ports pursuant to this
  675  chapter and chapters 161, 253, and 373 shall be consolidated
  676  within the department’s Division of Water Resource Management
  677  and, with the concurrence of the affected deepwater port or
  678  ports, may be administered by a district office of the
  679  department or delegated to an approved local environmental
  680  program.
  681         (b) The provisions of paragraph (a) apply only to the port
  682  waters, dredged-material management sites, port harbors,
  683  navigation channels, turning basins, and harbor berths used for
  684  deepwater commercial navigation in the ports of Jacksonville,
  685  Tampa, Port Everglades, Miami, Port Canaveral, Port Citrus, Ft.
  686  Pierce, Palm Beach, Port Manatee, Port St. Joe, Panama City, St.
  687  Petersburg, Pensacola, Fernandina, and Key West.
  688         Section 10. Subsection (26) of section 403.061, Florida
  689  Statutes, is amended to read:
  690         403.061 Department; powers and duties.—The department shall
  691  have the power and the duty to control and prohibit pollution of
  692  air and water in accordance with the law and rules adopted and
  693  promulgated by it and, for this purpose, to:
  694         (26)(a) Develop standards and criteria for waters used for
  695  deepwater shipping which standards and criteria consider
  696  existing water quality; appropriate mixing zones and other
  697  requirements for maintenance dredging in previously constructed
  698  deepwater navigation channels, port harbors, turning basins, or
  699  harbor berths; and appropriate mixing zones for disposal of
  700  spoil material from dredging and, where necessary, develop a
  701  separate classification for such waters. Such classification,
  702  standards, and criteria shall recognize that the present
  703  dedicated use of these waters is for deepwater commercial
  704  navigation.
  705         (b) The provisions of paragraph (a) apply only to the port
  706  waters, spoil disposal sites, port harbors, navigation channels,
  707  turning basins, and harbor berths used for deepwater commercial
  708  navigation in the ports of Jacksonville, Tampa, Port Everglades,
  709  Miami, Port Canaveral, Port Citrus, Ft. Pierce, Palm Beach, Port
  710  Manatee, Port St. Joe, Panama City, St. Petersburg, Port Bartow,
  711  Florida Power Corporation’s Crystal River Canal, Boca Grande,
  712  Green Cove Springs, and Pensacola.
  714  The department shall implement such programs in conjunction with
  715  its other powers and duties and shall place special emphasis on
  716  reducing and eliminating contamination that presents a threat to
  717  humans, animals or plants, or to the environment.
  718         Section 11. Subsection (3) of section 403.813, Florida
  719  Statutes, is amended to read:
  720         403.813 Permits issued at district centers; exceptions.—
  721         (3) For maintenance dredging conducted under this section
  722  by the seaports of Jacksonville, Port Canaveral, Port Citrus,
  723  Fort Pierce, Palm Beach, Port Everglades, Miami, Port Manatee,
  724  St. Petersburg, Tampa, Port St. Joe, Panama City, Pensacola, Key
  725  West, and Fernandina or by inland navigation districts:
  726         (a) A mixing zone for turbidity is granted within a 150
  727  meter radius from the point of dredging while dredging is
  728  ongoing, except that the mixing zone may not extend into areas
  729  supporting wetland communities, submerged aquatic vegetation, or
  730  hardbottom communities.
  731         (b) The discharge of the return water from the site used
  732  for the disposal of dredged material shall be allowed only if
  733  such discharge does not result in a violation of water quality
  734  standards in the receiving waters. The return-water discharge
  735  into receiving waters shall be granted a mixing zone for
  736  turbidity within a 150-meter radius from the point of discharge
  737  during and immediately after the dredging, except that the
  738  mixing zone may not extend into areas supporting wetland
  739  communities, submerged aquatic vegetation, or hardbottom
  740  communities.
  741         (c) The state may not exact a charge for material that this
  742  subsection allows a public port or an inland navigation district
  743  to remove.
  744         (d) The use of flocculants at the site used for disposal of
  745  the dredged material is allowed if the use, including supporting
  746  documentation, is coordinated in advance with the department and
  747  the department has determined that the use is not harmful to
  748  water resources.
  749         (e) This subsection does not prohibit maintenance dredging
  750  of areas where the loss of original design function and
  751  constructed configuration has been caused by a storm event,
  752  provided that the dredging is performed as soon as practical
  753  after the storm event. Maintenance dredging that commences
  754  within 3 years after the storm event shall be presumed to
  755  satisfy this provision. If more than 3 years are needed to
  756  commence the maintenance dredging after the storm event, a
  757  request for a specific time extension to perform the maintenance
  758  dredging shall be submitted to the department, prior to the end
  759  of the 3-year period, accompanied by a statement, including
  760  supporting documentation, demonstrating that contractors are not
  761  available or that additional time is needed to obtain
  762  authorization for the maintenance dredging from the United
  763  States Army Corps of Engineers.
  764         Section 12. Section 403.816, Florida Statutes, is amended
  765  to read:
  766         403.816 Permits for maintenance dredging of deepwater ports
  767  and beach restoration projects.—
  768         (1) The department shall establish a permit system under
  769  this chapter and chapter 253 which provides for the performance,
  770  for up to 25 years from the issuance of the original permit, of
  771  maintenance dredging of permitted navigation channels, port
  772  harbors, turning basins, harbor berths, and beach restoration
  773  projects approved pursuant to chapter 161. However, permits
  774  issued for dredging river channels which are not a part of a
  775  deepwater port shall be valid for no more than five years. No
  776  charge shall be exacted by the state for material removed during
  777  such maintenance dredging by a public port authority.
  778         (2) The provisions of s. 253.77 do not apply to a permit
  779  for maintenance dredging and spoil site approval when there is
  780  no change in the size or location of the spoil disposal site and
  781  when the applicant provides documentation to the department that
  782  the appropriate lease, easement, or consent of use for the
  783  project site issued pursuant to chapter 253 is recorded in the
  784  county where the project is located.
  785         (3) The provisions of this section relating to ports apply
  786  only to the port waters, spoil disposal sites, port harbors,
  787  navigation channels, turning basins, and harbor berths used for
  788  deepwater commercial navigation in the ports of Jacksonville,
  789  Tampa, Port Everglades, Miami, Port Canaveral, Port Citrus, Ft.
  790  Pierce, Palm Beach, Port Manatee, Port St. Joe, Panama City, St.
  791  Petersburg, Port Bartow, Florida Power Corporation’s Crystal
  792  River Canal, Boca Grande, Green Cove Springs, and Pensacola.
  793         Section 13. This act shall take effect upon becoming a law.