HB 755

1	A bill to be entitled
2	An act relating to seaport security; amending s. 311.12,
3	F.S.; deleting provisions requiring the Department of Law
4	Enforcement to establish a statewide seaport access
5	eligibility reporting system; specifying that a federal
6	Transportation Worker Identification Credential is the
7	only authorization required for obtaining access to secure
8	and restricted areas of a seaport; deleting the
9	requirements for performing criminal history screening on
10	certain persons authorized to regularly enter secure and
11	restricted areas; providing an effective date.
12
13	Be It Enacted by the Legislature of the State of Florida:
14
15	Section 1.  Subsections (8) through (11) of section 311.12,
16	Florida Statutes, are redesignated as subsections (6) through
17	(9), respectively, and paragraph (a) of subsection (4),
18	subsections (5) through (7), paragraph (d) of subsection (8),
19	and paragraph (a) of subsection (11) of that section, are
20	amended to read:
21	311.12  Seaport security.-
22	(4)  SECURE AND RESTRICTED AREAS.-Each seaport listed in s.
23	311.09 must clearly designate in seaport security plans, and
24	clearly identify with appropriate signs and markers on the
25	premises of a seaport, all secure and restricted areas as
26	defined by the United States Department of Homeland Security-
27	United States Coast Guard Navigation and Vessel Inspection
28	Circular No. 03-07 and 49 C.F.R. part 1572. The plans must also
29	address access eligibility requirements and corresponding
30	security enforcement authorizations.
31	(a)  The seaport's security plan must set forth the
32	conditions and restrictions to be imposed on persons employed
33	at, doing business at, or visiting the seaport who have access
34	to secure and restricted areas which are sufficient to provide
35	substantial compliance with the minimum security standards
36	established in subsection (1) and federal regulations.
37	1.  All seaport employees and other persons working at the
38	seaport who have regular access to secure or restricted areas
39	must comply with federal access control regulations and state
40	criminal history checks as prescribed in this section.
41	2.  All persons and objects in secure and restricted areas
42	are subject to search by a sworn state-certified law enforcement
43	officer, a Class D seaport security officer certified under
44	Maritime Transportation Security Act of 2002 guidelines and s.
45	311.121, or an employee of the seaport security force certified
46	under the Maritime Transportation Security Act of 2002
47	guidelines and s. 311.121.
48	3.  Persons found in these areas without the proper
49	permission are subject to the trespass provisions of ss. 810.08
50	and 810.09.
51	(5)  ACCESS ELIGIBILITY REPORTING SYSTEM.-Subject to
52	legislative appropriations, the Department of Law Enforcement
53	shall administer a statewide seaport access eligibility
54	reporting system.
55	(a)  The system must include, at a minimum, the following:
56	1.  A centralized, secure method of collecting and
57	maintaining fingerprints, other biometric data, or other means
58	of confirming the identity of persons authorized to enter a
59	secure or restricted area of a seaport.
60	2.  A methodology for receiving from and transmitting
61	information to each seaport regarding a person's authority to
62	enter a secure or restricted area of the seaport.
63	3.  A means for receiving prompt notification from a
64	seaport when a person's authorization to enter a secure or
65	restricted area of a seaport has been suspended or revoked.
66	4.  A means to communicate to seaports when a person's
67	authorization to enter a secure or restricted area of a seaport
68	has been suspended or revoked.
69	(b)  Each seaport listed in s. 311.09 is responsible for
70	granting, modifying, restricting, or denying access to secure
71	and restricted areas to seaport employees, other persons working
72	at the seaport, visitors who have business with the seaport, or
73	other persons regularly appearing at the seaport. Based upon the
74	person's criminal history check, each seaport may determine the
75	specific access eligibility to be granted to that person. Each
76	seaport is responsible for access eligibility verification at
77	its location.
78	(c)  Upon determining that a person is eligible to enter a
79	secure or restricted area of a port pursuant to subsections (6)
80	and (7), the seaport shall, within 3 business days, report the
81	determination to the department for inclusion in the system.
82	(d)  All information submitted to the department regarding
83	a person's access eligibility screening may be retained by the
84	department for subsequent use in promoting seaport security,
85	including, but not limited to, the review of the person's
86	criminal history status to ensure that the person has not become
87	disqualified for such access.
88	(e)  The following fees may not be charged by more than one
89	seaport and shall be paid by the seaport, another employing
90	entity, or the person being entered into the system to the
91	department or to the seaport if the seaport is acting as an
92	agent of the department for the purpose of collecting the fees:
93	1.  The cost of the state criminal history check under
94	subsection (7).
95	2.  A $50 fee to cover the initial cost of entering the
96	person into the system and an additional $50 fee every 5 years
97	thereafter to coincide with the issuance of the federal
98	Transportation Worker Identification Credential described in
99	subsection (6). The fee covers all costs for entering or
100	maintaining the person in the system including the retention and
101	use of the person's fingerprint, other biometric data, or other
102	identifying information.
103	3.  The seaport entering the person into the system may
104	charge an administrative fee to cover, but not exceed, the
105	seaport's actual administrative costs for processing the results
106	of the state criminal history check and entering the person into
107	the system.
108	(f)  All fees identified in paragraph (e) must be paid
109	before the person may be granted access to a secure or
110	restricted area. Failure to comply with the criminal history
111	check and failure to pay the fees are grounds for immediate
112	denial of access.
113	(g)  Persons, corporations, or other business entities that
114	employ persons to work or do business at seaports shall notify
115	the seaport of the termination, resignation, work-related
116	incapacitation, or death of an employee who has access
117	permission.
118	1.  If the seaport determines that the person has been
119	employed by another appropriate entity or is self-employed for
120	purposes of performing work at the seaport, the seaport may
121	reinstate the person's access eligibility.
122	2.  A business entity's failure to report a change in an
123	employee's work status within 7 days after the change may result
124	in revocation of the business entity's access to the seaport.
125	(h)  In addition to access permissions granted or denied by
126	seaports, Access eligibility may be restricted or revoked by the
127	department if there is a reasonable suspicion that the person is
128	involved in terrorism or criminal violations that could affect
129	the security of a port or otherwise render the person ineligible
130	for seaport access.
131	(i)  Any suspension or revocation of port access must be
132	reported by the seaport to the department within 24 hours after
133	such suspension or revocation.
134	(j)  The submission of information known to be false or
135	misleading to the department for entry into the system is a
136	felony of the third degree, punishable as provided in s.
137	775.082, s. 775.083, or s. 775.084.
138	(5)(6)  ACCESS TO SECURE AND RESTRICTED AREAS.-
139	(a)  Any person seeking authorization for unescorted access
140	to secure and restricted areas of a seaport must possess, unless
141	waived under paragraph (7)(e), a valid federal Transportation
142	Worker Identification Credential (TWIC) and execute an affidavit
143	under oath which provides TWIC identification information and
144	indicates the following:
145	1.  The TWIC is currently valid and in full force and
146	effect.
147	2.  The TWIC was not received through the waiver process
148	for disqualifying criminal history allowed by federal law.
149	3.  He or she has not, in any jurisdiction, civilian or
150	military, been convicted of, entered a plea of guilty or nolo
151	contendere to, regardless of adjudication, or been found not
152	guilty by reason of insanity, of any disqualifying felony under
153	subsection (7) or any crime that includes the use or possession
154	of a firearm.
155	(b)  Upon submission of a completed affidavit as provided
156	in paragraph (a), the completion of the state criminal history
157	check as provided in subsection (7), and payment of all required
158	fees under subsection (5), a seaport shall may grant the person
159	access to secure or restricted areas of the port.
160	(c)  Any port granting a person access to secure or
161	restricted areas shall report the grant of access to the
162	Department of Law Enforcement for inclusion in the access
163	eligibility reporting system under subsection (5) within 3
164	business days.
165	(c)(d)  The submission of false information on the
166	affidavit required by this section is a felony of the third
167	degree, punishable as provided in s. 775.082, s. 775.083, or s.
168	775.084. Upon conviction for a violation of this provision, the
169	person convicted forfeits all privilege of access to secure or
170	restricted areas of a seaport and is disqualified from future
171	approval for access to such areas.
172	(d)(e)  Any affidavit form created for use under this
173	subsection must contain the following statement in conspicuous
174	type: "SUBMISSION OF FALSE INFORMATION ON THIS AFFIDAVIT IS A
175	FELONY UNDER FLORIDA LAW AND WILL, UPON CONVICTION, RESULT IN
176	DISQUALIFICATION FOR ACCESS TO A SECURE OR RESTRICTED AREA OF A
177	SEAPORT."
178	(e)(f)  Upon each 5-year renewal of a person's TWIC, the
179	person must submit another affidavit as required by this
180	subsection.
181	(f)  No other form of authorization is required in order to
182	obtain unescorted access to secure or restricted areas of a
183	seaport.
184	(7)  CRIMINAL HISTORY SCREENING.-A fingerprint-based
185	criminal history check must be performed on employee applicants,
186	current employees, and other persons authorized to regularly
187	enter a secure or restricted area, or the entire seaport if the
188	seaport security plan does not designate one or more secure or
189	restricted areas.
190	(a)  A person is disqualified from employment or unescorted
191	access if the person:
192	1.  Was convicted of, or entered a plea of guilty or nolo
193	contendere to, regardless of adjudication, any of the offenses
194	listed in paragraph (b) in any jurisdiction, civilian or
195	military, including courts-martial conducted by the Armed Forces
196	of the United States, during the 7 years before the date of the
197	person's application for access; or
198	2.  Was released from incarceration, or any supervision
199	imposed as a result of sentencing, for committing any of the
200	disqualifying crimes listed in paragraph (b) in any
201	jurisdiction, civilian or military, during the 5 years before
202	the date of the person's application for access.
203	(b)  Disqualifying offenses include:
204	1.  An act of terrorism as defined in s. 775.30.
205	2.  A violation involving a weapon of mass destruction or a
206	hoax weapon of mass destruction as provided in s. 790.166.
207	3.  Planting of a hoax bomb as provided in s. 790.165.
208	4.  A violation of s. 876.02 or s. 876.36.
209	5.  A violation of s. 860.065.
210	6.  Trafficking as provided in s. 893.135.
211	7.  Racketeering activity as provided in s. 895.03.
212	8.  Dealing in stolen property as provided in s. 812.019.
213	9.  Money laundering as provided in s. 896.101.
214	10.  Criminal use of personal identification as provided in
215	s. 817.568.
216	11.  Bribery as provided in s. 838.015.
217	12.  A violation of s. 316.302, relating to the transport
218	of hazardous materials.
219	13.  A forcible felony as defined in s. 776.08.
220	14.  A violation of s. 790.07.
221	15.  Any crime that includes the use or possession of a
222	firearm.
223	16.  A felony violation for theft as provided in s.
224	812.014.
225	17.  Robbery as provided in s. 812.13.
226	18.  Burglary as provided in s. 810.02.
227	19.  Any violation involving the sale, manufacture,
228	delivery, or possession with intent to sell, manufacture, or
229	deliver a controlled substance.
230	20.  Any offense under the laws of another jurisdiction
231	that is similar to an offense listed in this paragraph.
232	21.  Conspiracy or attempt to commit any of the offenses
233	listed in this paragraph.
234	(c)  Each individual who is subject to a criminal history
235	check shall file a complete set of fingerprints taken in a
236	manner acceptable to the Department of Law Enforcement for state
237	processing. The results of the criminal history check must be
238	reported to the requesting seaport and may be shared among
239	seaports.
240	(d)  All fingerprints submitted to the Department of Law
241	Enforcement shall be retained by the department and entered into
242	the statewide automated fingerprint identification system
243	established in s. 943.05(2)(b) and available for use in
244	accordance with s. 943.05(2)(g) and (h). An arrest record that
245	is identified with the retained fingerprints of a person subject
246	to the screening shall be reported to the seaport where the
247	person has been granted access to a secure or restricted area.
248	If the fingerprints of a person who has been granted access were
249	not retained, or are otherwise not suitable for use by the
250	department, the person must be refingerprinted in a manner that
251	allows the department to perform its functions as provided in
252	this section.
253	(e)  The Department of Law Enforcement shall establish a
254	waiver process for a person who does not have a TWIC, obtained a
255	TWIC though a federal waiver process, or is found to be
256	unqualified under paragraph (a) and denied employment by a
257	seaport or unescorted access to secure or restricted areas. If
258	the person does not have a TWIC and a federal criminal history
259	record check is required, the Department of Law Enforcement may
260	forward the person's fingerprints to the Federal Bureau of
261	Investigation for a national criminal history record check. The
262	cost of the national check must be paid by the seaport, which
263	may collect it as reimbursement from the person.
264	1.  Consideration for a waiver shall be based on the
265	circumstances of any disqualifying act or offense, restitution
266	made by the individual, and other factors from which it may be
267	determined that the individual does not pose a risk of engaging
268	in any act within the public seaports regulated under this
269	chapter that would pose a risk to or threaten the security of
270	the seaport and the public's health, safety, or welfare.
271	2.  The waiver process begins when an individual who has
272	been denied initial employment within or denied unescorted
273	access to secure or restricted areas of a public seaport submits
274	an application for a waiver and a notarized letter or affidavit
275	from the individual's employer or union representative which
276	states the mitigating reasons for initiating the waiver process.
277	3.  Within 90 days after receipt of the application, the
278	administrative staff of the Parole Commission shall conduct a
279	factual review of the waiver application. Findings of fact shall
280	be transmitted to the department for review. The department
281	shall make a copy of those findings available to the applicant
282	before final disposition of the waiver request.
283	4.  The department shall make a final disposition of the
284	waiver request based on the factual findings of the
285	investigation by the Parole Commission. The department shall
286	notify the waiver applicant of the final disposition of the
287	waiver.
288	5.  The review process under this paragraph is exempt from
289	chapter 120.
290	6.  By October 1 of each year, each seaport shall report to
291	the department each instance of denial of employment within, or
292	access to, secure or restricted areas, and each instance waiving
293	a denial occurring during the last 12 months. The report must
294	include the identity of the individual affected, the factors
295	supporting the denial or waiver, and any other material factors
296	used to make the determination.
297	(f)  In addition to the waiver procedure established by the
298	Department of Law Enforcement under paragraph (e), each seaport
299	security plan may establish a procedure to appeal a denial of
300	employment or access based upon procedural inaccuracies or
301	discrepancies regarding criminal history factors established
302	pursuant to this subsection.
303	(g)  Each seaport may allow immediate access to secure or
304	restricted areas of a seaport waivers on a temporary basis to
305	meet special or emergency needs of the seaport or its users.
306	Policies, procedures, and criteria for implementation of this
307	paragraph must be included in the seaport security plan. All
308	waivers granted by the seaports pursuant to this paragraph must
309	be reported to the department within 30 days after issuance.
310	(6)(8)  WAIVER FROM SECURITY REQUIREMENTS.-The Office of
311	Drug Control and the Department of Law Enforcement may modify or
312	waive any physical facility requirement or other requirement
313	contained in the minimum security standards upon a determination
314	that the purposes of the standards have been reasonably met or
315	exceeded by the seaport requesting the modification or waiver.
316	An alternate means of compliance must not diminish the safety or
317	security of the seaport and must be verified through an
318	extensive risk analysis conducted by the seaport director.
319	(d)  Any modifications or waivers granted under this
320	subsection shall be noted in the annual report submitted by the
321	Department of Law Enforcement pursuant to subsection (8) (10).
322	(9)(11)  FUNDING.-
323	(a)  In making decisions regarding security projects or
324	other funding applicable to each seaport listed in s. 311.09,
325	the Legislature may consider the Department of Law Enforcement's
326	annual report under subsection (8) (10) as authoritative,
327	especially regarding each seaport's degree of substantial
328	compliance with the minimum security standards established in
329	subsection (1).
330	Section 2.  This act shall take effect July 1, 2011.

CODING: Words stricken are deletions; words underlined are additions.