Florida Senate - 2011                          SENATOR AMENDMENT
       Bill No. CS/CS/CS/HB 991, 1st Eng.
                                Barcode 429388                          
                              LEGISLATIVE ACTION                        
                    Senate             .             House              

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   25         (b)(c) The provisions of s. 790.251 are not superseded,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