The Florida Senate

311.12  Seaport security.--

(1)  The Office of Drug Control within the Executive Office of the Governor, in consultation with the Florida Seaport Transportation and Economic Development Council, and in conjunction with the Florida Department of Law Enforcement and local law enforcement agencies having primary authority over the affected seaports, shall develop, by January 1, 2001, a statewide security plan based upon the Florida Seaport Security Assessment 2000 conducted by the Office of Drug Control. Such plan shall establish statewide minimum standards for seaport security including the prevention of criminal activity including money laundering. The statewide seaport security plan shall identify the funding needs for security requirements of all relevant ports and shall recommend mechanisms to fund those needs including an analysis of the ability of seaports to provide funding for necessary improvements. The statewide seaport security plan shall be submitted to the Speaker of the House of Representatives and the President of the Senate and the chairs of the fiscal committees of the House of Representatives and Senate for review on or before January 1, 2001.

(2)  All seaports, as identified pursuant to s. 311.09(1), in conjunction with and pending review and approval by the Office of Drug Control, within the Executive Office of the Governor, and the Florida Department of Law Enforcement, and in consultation with the Florida Seaport Transportation and Economic Development Council, shall no later than January 31, 2001, develop and draft individual seaport security plans particular to the specific and identifiable needs of their respective seaports.

(a)  Each seaport security plan shall adhere to the statewide minimum standards established pursuant to subsection (1).

(b)  All such seaports shall allow unimpeded access to the affected ports for purposes of inspections by the Department of Law Enforcement as authorized by this section.

(3)  A fingerprint-based criminal history check shall be performed on any applicant for employment or current employee, as designated by each security plan required by subsection (2), who will be working within the property of or have regular access to any seaport listed in s. 311.09(1). The costs of such checks shall be paid by the seaport or employing entity or any person so checked. The applicant or employee shall file a complete set of fingerprints taken in a manner required by the Department of Law Enforcement and the security plan. These fingerprints shall be submitted to the Department of Law Enforcement for state processing and to the Federal Bureau of Investigation for federal processing. The results of the checks shall be reported to the seaports.

(4)  The affected seaports shall implement the security plans developed under this section by April 30, 2002, contingent upon legislative approval of the statewide security plan established pursuant to subsection (1). The Department of Law Enforcement, or any entity selected by the department, shall conduct no less than once annually an unannounced inspection of each seaport listed in s. 311.09(1) to determine whether the seaport is meeting the minimum standards established under the authority of this section. The Department of Law Enforcement, in consultation with the Office of Drug Control within the Executive Office of the Governor, shall complete a report indicating the results of all such inspections conducted during the year and any suggestions or concerns developed by reason of such inspections by no later than December 31 of each year. A copy of the report shall be provided to the Governor, the President of the Senate, the Speaker of the House of Representatives, and the chief administrator of each seaport inspected. The report shall, to the extent possible, include responses from the chief administrator of any seaport about which suggestions have been made or security concerns raised, indicating what actions, if any, have been taken or are planned to be taken in response to the suggestions or concerns noted.

(5)  Nothing in this section shall be construed as preventing any seaport from implementing security measures that are more stringent, greater than, or supplemental to, the minimum standards established by this section.

History.--s. 1, ch. 2000-360.