Bill Text: FL H0283 | 2011 | Regular Session | Engrossed

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Bill Title: Seaports

Spectrum: Slight Partisan Bill (Republican 50-17-4)

Status: (Engrossed - Dead) 2011-05-04 - Concurred in 1 amendment(s) (578592) -HJ 1142, 1143 [H0283 Detail]

Download: Florida-2011-H0283-Engrossed.html

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CS/CS/CS/CS/HB 283

1	A bill to be entitled
2	An act relating to seaports; amending s. 311.09, F.S.;
3	including a representative of Port Citrus as a member of
4	the Florida Seaport Transportation and Economic
5	Development Council; providing that Citrus County may
6	apply for a grant for a feasibility study through the
7	Florida Seaport Transportation and Economic Development
8	Council; providing for the evaluation of the application;
9	requiring the Department of Transportation to include the
10	study in its budget request under certain circumstances;
11	terminating the membership of Port Citrus on the council
12	under certain circumstances; amending s. 311.12, F.S.;
13	deleting provisions relating to statewide minimum
14	standards for seaport security; deleting provisions
15	authorizing the Department of Law Enforcement to exempt
16	all or part of a seaport from specified requirements in
17	certain circumstances; revising provisions relating to
18	seaport security plans; revising requirements for certain
19	secure or restricted areas; revising provisions relating
20	to when a part of a seaport property may temporarily be
21	designated as a secure or restricted area; deleting
22	provisions requiring that the Department of Law
23	Enforcement administer a statewide seaport access
24	eligibility reporting system; deleting provisions
25	requiring that persons seeking authorization to access
26	secure and restricted areas of a seaport execute an
27	affidavit; prohibiting a seaport from charging any fee for
28	administration or production of access control credentials
29	that require or are associated with a fingerprint-based
30	background check, in addition to the fee for the federal
31	TWIC; providing exceptions; providing for issuance of
32	seaport-specific access credentials; deleting provisions
33	requiring fingerprint-based state criminal history checks
34	on seaport employee applicants, current employees, and
35	other authorized persons; deleting provisions authorizing
36	waivers from security requirements in certain
37	circumstances; deleting provisions relating to
38	inspections; deleting reporting requirements; deleting the
39	provisions relating to the allocation of appropriated
40	funds for security project needs; amending s. 311.121,
41	F.S.; conforming provisions to changes made by the act;
42	amending s. 311.123, F.S.; revising who may create a
43	maritime domain security awareness training program;
44	conforming provisions to changes made by the act; amending
45	s. 311.124, F.S.; conforming provisions to changes made by
46	the act; repealing s. 311.115, F.S., relating to the
47	Seaport Security Standards Advisory Council; providing an
48	effective date.
49
50	Be It Enacted by the Legislature of the State of Florida:
51
52	Section 1.  Subsection (1) of section 311.09, Florida
53	Statutes, is amended, and subsection (13) is added that section,
54	to read:
55	311.09  Florida Seaport Transportation and Economic
56	Development Council.-
57	(1)  The Florida Seaport Transportation and Economic
58	Development Council is created within the Department of
59	Transportation. The council consists of the following 18 17
60	members: the port director, or the port director's designee, of
61	each of the ports of Jacksonville, Port Canaveral, Port Citrus,
62	Fort Pierce, Palm Beach, Port Everglades, Miami, Port Manatee,
63	St. Petersburg, Tampa, Port St. Joe, Panama City, Pensacola, Key
64	West, and Fernandina; the secretary of the Department of
65	Transportation or his or her designee; the director of the
66	Office of Tourism, Trade, and Economic Development or his or her
67	designee; and the secretary of the Department of Community
68	Affairs or his or her designee.
69	(13)  Until July 1, 2014, Citrus County may apply for a
70	grant through the Florida Seaport Transportation and Economic
71	Development Council to perform a feasibility study regarding the
72	establishment of a port in Citrus County. The council shall
73	evaluate such application pursuant to subsections (5)-(9) and,
74	if approved, the Department of Transportation shall include the
75	feasibility study in its budget request pursuant to subsection
76	(10). If the study determines that a port in Citrus County is
77	not feasible, the membership of Port Citrus on the council shall
78	terminate.
79	Section 2.  Section 311.12, Florida Statutes, is amended to
80	read:
81	311.12  Seaport security.-
82	(1)  SECURITY STANDARDS.-
83	(a)  The statewide minimum standards for seaport security
84	applicable to seaports listed in s. 311.09 shall be those based
85	on the Florida Seaport Security Assessment 2000 and set forth in
86	the Port Security Standards Compliance Plan delivered to the
87	Speaker of the House of Representatives and the President of the
88	Senate on December 11, 2000. The Office of Drug Control within
89	the Executive Office of the Governor shall maintain a sufficient
90	number of copies of the standards at its offices for
91	distribution to the public and provide copies to each affected
92	seaport upon request.
93	(a)(b)  A seaport may implement security measures that are
94	more stringent, more extensive, or supplemental to the
95	applicable federal security regulations, including federal
96	facility security assessment requirements under 33 C.F.R. s.
97	105.305 minimum security standards established by this
98	subsection.
99	(b)(c)  The provisions of s. 790.251 are not superseded,
100	preempted, or otherwise modified in any way by the provisions of
101	this section.
102	(2)  EXEMPTION.-The Department of Law Enforcement may
103	exempt all or part of a seaport listed in s. 311.09 from the
104	requirements of this section if the department determines that
105	activity associated with the use of the seaport or part of the
106	seaport is not vulnerable to criminal activity or terrorism. The
107	department shall periodically review such exemptions to
108	determine if there is a change in use. Such change may warrant
109	removal of all or part of the exemption.
110	(2)(3)  SECURITY PLAN.-
111	(a)  Each seaport listed in s. 311.09 shall adopt and
112	maintain a security plan specific to that seaport which provides
113	for a secure seaport infrastructure that promotes the safety and
114	security of state residents and visitors and the flow of
115	legitimate trade and travel.
116	(b)(a)  Each seaport Every 5 years after January 1, 2007,
117	each seaport director, with the assistance of the Regional
118	Domestic Security Task Force and in conjunction with the United
119	States Coast Guard, shall periodically revise the seaport's
120	security plan based on the seaport's director's ongoing
121	assessment of security risks, the risks of terrorist activities,
122	and the specific and identifiable needs of the seaport for
123	ensuring that the seaport is in substantial compliance with
124	applicable federal security regulations, including federal
125	facility security assessment requirements under 33 C.F.R. s.
126	105.305 the minimum security standards established under
127	subsection (1).
128	(b)  Each adopted or revised security plan must be reviewed
129	and approved by the Office of Drug Control and the Department of
130	Law Enforcement for compliance with federal facility security
131	assessment requirements under 33 C.F.R. s. 105.305 and the
132	minimum security standards established under subsection (1).
133	Within 30 days after completion, a copy of the written review
134	shall be delivered to the United States Coast Guard, the
135	Regional Domestic Security Task Force, and the Domestic Security
136	Oversight Council.
137	(3)(4)  SECURE AND RESTRICTED AREAS.-Each seaport listed in
138	s. 311.09 must clearly designate in seaport security plans, and
139	clearly identify with appropriate signs and markers on the
140	premises of a seaport, all secure and restricted areas as
141	defined by 33 C.F.R. part 105 the United States Department of
142	Homeland Security-United States Coast Guard Navigation and
143	Vessel Inspection Circular No. 03-07 and 49 C.F.R. part 1572.
144	The plans must also address access eligibility requirements and
145	corresponding security enforcement authorizations.
146	(a)  The seaport's security plan must set forth the
147	conditions and restrictions to be imposed on persons employed
148	at, doing business at, or visiting the seaport who have access
149	to secure and restricted areas which are sufficient to provide
150	substantial compliance with the minimum security standards
151	established in subsection (1) and federal regulations.
152	1.  All seaport employees and other persons working at the
153	seaport who have regular access to secure or restricted areas
154	must comply with federal access control regulations and state
155	criminal history checks as prescribed in this section.
156	2.  All persons and objects in secure and restricted areas
157	are subject to search by a sworn state-certified law enforcement
158	officer, a Class D seaport security officer certified under
159	Maritime Transportation Security Act of 2002 guidelines and s.
160	311.121, or an employee of the seaport security force certified
161	under the Maritime Transportation Security Act of 2002
162	guidelines and s. 311.121.
163	3.  Persons found in these areas without the proper
164	permission are subject to the trespass provisions of ss. 810.08
165	and 810.09.
166	(b)  As determined by the seaport director's most current
167	risk assessment under paragraph (3)(a), any secure or restricted
168	area that has a potential human occupancy of 50 persons or more,
169	any cruise terminal, or any business operation that is adjacent
170	to a public access area must be protected from the most probable
171	and credible terrorist threat to human life.
172	(b)(c)  The seaport must provide clear notice of the
173	prohibition against possession of concealed weapons and other
174	contraband material on the premises of the seaport. Any person
175	in a restricted area who has in his or her possession a
176	concealed weapon, or who operates or has possession or control
177	of a vehicle in or upon which a concealed weapon is placed or
178	stored, commits a misdemeanor of the first degree, punishable as
179	provided in s. 775.082 or s. 775.083. This paragraph does not
180	apply to active-duty certified federal or state law enforcement
181	personnel or persons so designated by the seaport director in
182	writing.
183	(c)(d)  During a period of high terrorist threat level, as
184	designated by the United States Department of Homeland Security
185	or the Department of Law Enforcement, or during an emergency
186	declared at a port by the seaport security director due to
187	events applicable to that particular seaport, the management or
188	controlling authority of the port may temporarily designate any
189	part of the seaport property as a secure or restricted area. The
190	duration of such designation is limited to the period in which
191	the high terrorist threat level is in effect or a port emergency
192	exists.
193	(5)  ACCESS ELIGIBILITY REPORTING SYSTEM.-Subject to
194	legislative appropriations, the Department of Law Enforcement
195	shall administer a statewide seaport access eligibility
196	reporting system.
197	(a)  The system must include, at a minimum, the following:
198	1.  A centralized, secure method of collecting and
199	maintaining fingerprints, other biometric data, or other means
200	of confirming the identity of persons authorized to enter a
201	secure or restricted area of a seaport.
202	2.  A methodology for receiving from and transmitting
203	information to each seaport regarding a person's authority to
204	enter a secure or restricted area of the seaport.
205	3.  A means for receiving prompt notification from a
206	seaport when a person's authorization to enter a secure or
207	restricted area of a seaport has been suspended or revoked.
208	4.  A means to communicate to seaports when a person's
209	authorization to enter a secure or restricted area of a seaport
210	has been suspended or revoked.
211	(b)  Each seaport listed in s. 311.09 is responsible for
212	granting, modifying, restricting, or denying access to secure
213	and restricted areas to seaport employees, other persons working
214	at the seaport, visitors who have business with the seaport, or
215	other persons regularly appearing at the seaport. Based upon the
216	person's criminal history check, each seaport may determine the
217	specific access eligibility to be granted to that person. Each
218	seaport is responsible for access eligibility verification at
219	its location.
220	(c)  Upon determining that a person is eligible to enter a
221	secure or restricted area of a port pursuant to subsections (6)
222	and (7), the seaport shall, within 3 business days, report the
223	determination to the department for inclusion in the system.
224	(d)  All information submitted to the department regarding
225	a person's access eligibility screening may be retained by the
226	department for subsequent use in promoting seaport security,
227	including, but not limited to, the review of the person's
228	criminal history status to ensure that the person has not become
229	disqualified for such access.
230	(e)  The following fees may not be charged by more than one
231	seaport and shall be paid by the seaport, another employing
232	entity, or the person being entered into the system to the
233	department or to the seaport if the seaport is acting as an
234	agent of the department for the purpose of collecting the fees:
235	1.  The cost of the state criminal history check under
236	subsection (7).
237	2.  A $50 fee to cover the initial cost of entering the
238	person into the system and an additional $50 fee every 5 years
239	thereafter to coincide with the issuance of the federal
240	Transportation Worker Identification Credential described in
241	subsection (6). The fee covers all costs for entering or
242	maintaining the person in the system including the retention and
243	use of the person's fingerprint, other biometric data, or other
244	identifying information.
245	3.  The seaport entering the person into the system may
246	charge an administrative fee to cover, but not exceed, the
247	seaport's actual administrative costs for processing the results
248	of the state criminal history check and entering the person into
249	the system.
250	(f)  All fees identified in paragraph (e) must be paid
251	before the person may be granted access to a secure or
252	restricted area. Failure to comply with the criminal history
253	check and failure to pay the fees are grounds for immediate
254	denial of access.
255	(g)  Persons, corporations, or other business entities that
256	employ persons to work or do business at seaports shall notify
257	the seaport of the termination, resignation, work-related
258	incapacitation, or death of an employee who has access
259	permission.
260	1.  If the seaport determines that the person has been
261	employed by another appropriate entity or is self-employed for
262	purposes of performing work at the seaport, the seaport may
263	reinstate the person's access eligibility.
264	2.  A business entity's failure to report a change in an
265	employee's work status within 7 days after the change may result
266	in revocation of the business entity's access to the seaport.
267	(h)  In addition to access permissions granted or denied by
268	seaports, access eligibility may be restricted or revoked by the
269	department if there is a reasonable suspicion that the person is
270	involved in terrorism or criminal violations that could affect
271	the security of a port or otherwise render the person ineligible
272	for seaport access.
273	(i)  Any suspension or revocation of port access must be
274	reported by the seaport to the department within 24 hours after
275	such suspension or revocation.
276	(j)  The submission of information known to be false or
277	misleading to the department for entry into the system is a
278	felony of the third degree, punishable as provided in s.
279	775.082, s. 775.083, or s. 775.084.
280	(4)(6)  ACCESS TO SECURE AND RESTRICTED AREAS.-
281	(a)  Any person seeking authorization for unescorted access
282	to secure and restricted areas of a seaport must possess, unless
283	waived under paragraph (7)(e), a valid federal Transportation
284	Worker Identification Credential (TWIC).
285	(b)  A seaport may not charge a fee for the administration
286	or production of any access control credential that requires or
287	is associated with a fingerprint-based background check, in
288	addition to the fee for the federal TWIC. Beginning July 1,
289	2013, a seaport may not charge a fee for a seaport-specific
290	access credential issued in addition to the federal TWIC, except
291	under the following circumstances:
292	1.  The individual seeking to gain secured access is a new
293	hire as defined under 33 C.F.R. s. 105; or
294	2.  The individual has lost or misplaced his or her federal
295	TWIC. and execute an affidavit under oath which provides TWIC
296	identification information and indicates the following:
297	1.  The TWIC is currently valid and in full force and
298	effect.
299	2.  The TWIC was not received through the waiver process
300	for disqualifying criminal history allowed by federal law.
301	3.  He or she has not, in any jurisdiction, civilian or
302	military, been convicted of, entered a plea of guilty or nolo
303	contendere to, regardless of adjudication, or been found not
304	guilty by reason of insanity, of any disqualifying felony under
305	subsection (7) or any crime that includes the use or possession
306	of a firearm.
307	(b)  Upon submission of a completed affidavit as provided
308	in paragraph (a), the completion of the state criminal history
309	check as provided in subsection (7), and payment of all required
310	fees under subsection (5), a seaport may grant the person access
311	to secure or restricted areas of the port.
312	(c)  Any port granting a person access to secure or
313	restricted areas shall report the grant of access to the
314	Department of Law Enforcement for inclusion in the access
315	eligibility reporting system under subsection (5) within 3
316	business days.
317	(d)  The submission of false information on the affidavit
318	required by this section is a felony of the third degree,
319	punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
320	Upon conviction for a violation of this provision, the person
321	convicted forfeits all privilege of access to secure or
322	restricted areas of a seaport and is disqualified from future
323	approval for access to such areas.
324	(e)  Any affidavit form created for use under this
325	subsection must contain the following statement in conspicuous
326	type: "SUBMISSION OF FALSE INFORMATION ON THIS AFFIDAVIT IS A
327	FELONY UNDER FLORIDA LAW AND WILL, UPON CONVICTION, RESULT IN
328	DISQUALIFICATION FOR ACCESS TO A SECURE OR RESTRICTED AREA OF A
329	SEAPORT."
330	(f)  Upon each 5-year renewal of a person's TWIC, the
331	person must submit another affidavit as required by this
332	subsection.
333	(7)  CRIMINAL HISTORY SCREENING.-A fingerprint-based
334	criminal history check must be performed on employee applicants,
335	current employees, and other persons authorized to regularly
336	enter a secure or restricted area, or the entire seaport if the
337	seaport security plan does not designate one or more secure or
338	restricted areas.
339	(a)  A person is disqualified from employment or unescorted
340	access if the person:
341	1.  Was convicted of, or entered a plea of guilty or nolo
342	contendere to, regardless of adjudication, any of the offenses
343	listed in paragraph (b) in any jurisdiction, civilian or
344	military, including courts-martial conducted by the Armed Forces
345	of the United States, during the 7 years before the date of the
346	person's application for access; or
347	2.  Was released from incarceration, or any supervision
348	imposed as a result of sentencing, for committing any of the
349	disqualifying crimes listed in paragraph (b) in any
350	jurisdiction, civilian or military, during the 5 years before
351	the date of the person's application for access.
352	(b)  Disqualifying offenses include:
353	1.  An act of terrorism as defined in s. 775.30.
354	2.  A violation involving a weapon of mass destruction or a
355	hoax weapon of mass destruction as provided in s. 790.166.
356	3.  Planting of a hoax bomb as provided in s. 790.165.
357	4.  A violation of s. 876.02 or s. 876.36.
358	5.  A violation of s. 860.065.
359	6.  Trafficking as provided in s. 893.135.
360	7.  Racketeering activity as provided in s. 895.03.
361	8.  Dealing in stolen property as provided in s. 812.019.
362	9.  Money laundering as provided in s. 896.101.
363	10.  Criminal use of personal identification as provided in
364	s. 817.568.
365	11.  Bribery as provided in s. 838.015.
366	12.  A violation of s. 316.302, relating to the transport
367	of hazardous materials.
368	13.  A forcible felony as defined in s. 776.08.
369	14.  A violation of s. 790.07.
370	15.  Any crime that includes the use or possession of a
371	firearm.
372	16.  A felony violation for theft as provided in s.
373	812.014.
374	17.  Robbery as provided in s. 812.13.
375	18.  Burglary as provided in s. 810.02.
376	19.  Any violation involving the sale, manufacture,
377	delivery, or possession with intent to sell, manufacture, or
378	deliver a controlled substance.
379	20.  Any offense under the laws of another jurisdiction
380	that is similar to an offense listed in this paragraph.
381	21.  Conspiracy or attempt to commit any of the offenses
382	listed in this paragraph.
383	(c)  Each individual who is subject to a criminal history
384	check shall file a complete set of fingerprints taken in a
385	manner acceptable to the Department of Law Enforcement for state
386	processing. The results of the criminal history check must be
387	reported to the requesting seaport and may be shared among
388	seaports.
389	(d)  All fingerprints submitted to the Department of Law
390	Enforcement shall be retained by the department and entered into
391	the statewide automated fingerprint identification system
392	established in s. 943.05(2)(b) and available for use in
393	accordance with s. 943.05(2)(g) and (h). An arrest record that
394	is identified with the retained fingerprints of a person subject
395	to the screening shall be reported to the seaport where the
396	person has been granted access to a secure or restricted area.
397	If the fingerprints of a person who has been granted access were
398	not retained, or are otherwise not suitable for use by the
399	department, the person must be refingerprinted in a manner that
400	allows the department to perform its functions as provided in
401	this section.
402	(e)  The Department of Law Enforcement shall establish a
403	waiver process for a person who does not have a TWIC, obtained a
404	TWIC though a federal waiver process, or is found to be
405	unqualified under paragraph (a) and denied employment by a
406	seaport or unescorted access to secure or restricted areas. If
407	the person does not have a TWIC and a federal criminal history
408	record check is required, the Department of Law Enforcement may
409	forward the person's fingerprints to the Federal Bureau of
410	Investigation for a national criminal history record check. The
411	cost of the national check must be paid by the seaport, which
412	may collect it as reimbursement from the person.
413	1.  Consideration for a waiver shall be based on the
414	circumstances of any disqualifying act or offense, restitution
415	made by the individual, and other factors from which it may be
416	determined that the individual does not pose a risk of engaging
417	in any act within the public seaports regulated under this
418	chapter that would pose a risk to or threaten the security of
419	the seaport and the public's health, safety, or welfare.
420	2.  The waiver process begins when an individual who has
421	been denied initial employment within or denied unescorted
422	access to secure or restricted areas of a public seaport submits
423	an application for a waiver and a notarized letter or affidavit
424	from the individual's employer or union representative which
425	states the mitigating reasons for initiating the waiver process.
426	3.  Within 90 days after receipt of the application, the
427	administrative staff of the Parole Commission shall conduct a
428	factual review of the waiver application. Findings of fact shall
429	be transmitted to the department for review. The department
430	shall make a copy of those findings available to the applicant
431	before final disposition of the waiver request.
432	4.  The department shall make a final disposition of the
433	waiver request based on the factual findings of the
434	investigation by the Parole Commission. The department shall
435	notify the waiver applicant of the final disposition of the
436	waiver.
437	5.  The review process under this paragraph is exempt from
438	chapter 120.
439	6.  By October 1 of each year, each seaport shall report to
440	the department each instance of denial of employment within, or
441	access to, secure or restricted areas, and each instance waiving
442	a denial occurring during the last 12 months. The report must
443	include the identity of the individual affected, the factors
444	supporting the denial or waiver, and any other material factors
445	used to make the determination.
446	(f)  In addition to the waiver procedure established by the
447	Department of Law Enforcement under paragraph (e), each seaport
448	security plan may establish a procedure to appeal a denial of
449	employment or access based upon procedural inaccuracies or
450	discrepancies regarding criminal history factors established
451	pursuant to this subsection.
452	(g)  Each seaport may allow immediate waivers on a
453	temporary basis to meet special or emergency needs of the
454	seaport or its users. Policies, procedures, and criteria for
455	implementation of this paragraph must be included in the seaport
456	security plan. All waivers granted by the seaports pursuant to
457	this paragraph must be reported to the department within 30 days
458	after issuance.
459	(8)  WAIVER FROM SECURITY REQUIREMENTS.-The Office of Drug
460	Control and the Department of Law Enforcement may modify or
461	waive any physical facility requirement or other requirement
462	contained in the minimum security standards upon a determination
463	that the purposes of the standards have been reasonably met or
464	exceeded by the seaport requesting the modification or waiver.
465	An alternate means of compliance must not diminish the safety or
466	security of the seaport and must be verified through an
467	extensive risk analysis conducted by the seaport director.
468	(a)  Waiver requests shall be submitted in writing, along
469	with supporting documentation, to the Office of Drug Control and
470	the Department of Law Enforcement. The office and the department
471	have 90 days to jointly grant or reject the waiver, in whole or
472	in part.
473	(b)  The seaport may submit any waivers that are not
474	granted or are jointly rejected to the Domestic Security
475	Oversight Council for review within 90 days. The council shall
476	recommend that the Office of Drug Control and the Department of
477	Law Enforcement grant the waiver or reject the waiver, in whole
478	or in part. The office and the department shall give great
479	weight to the council's recommendations.
480	(c)  A request seeking a waiver from the seaport law
481	enforcement personnel standards established under s. 311.122(3)
482	may not be granted for percentages below 10 percent.
483	(d)  Any modifications or waivers granted under this
484	subsection shall be noted in the annual report submitted by the
485	Department of Law Enforcement pursuant to subsection (10).
486	(9)  INSPECTIONS.-It is the intent of the Legislature that
487	the state's seaports adhere to security practices that are
488	consistent with the risks assigned to each seaport through the
489	ongoing risk assessment process established in paragraph (3)(a).
490	(a)  The Department of Law Enforcement, or any entity
491	designated by the department, shall conduct at least one annual
492	unannounced inspection of each seaport to determine whether the
493	seaport is meeting the minimum security standards established
494	pursuant to subsection (1) and to identify seaport security
495	changes or improvements needed or otherwise recommended.
496	(b)  The Department of Law Enforcement, or any entity
497	designated by the department, may conduct additional announced
498	or unannounced inspections or operations within or affecting any
499	seaport to test compliance with, or the effectiveness of,
500	security plans and operations at each seaport, to determine
501	compliance with physical facility requirements and standards, or
502	to assist the department in identifying changes or improvements
503	needed to bring a seaport into compliance with minimum security
504	standards.
505	(c)  Within 30 days after completing the inspection report,
506	the department shall submit a copy of the report to the Domestic
507	Security Oversight Council.
508	(d)  A seaport may request that the Domestic Security
509	Oversight Council review the findings in the department's report
510	as they relate to the requirements of this section. The council
511	may review only those findings that are in dispute by the
512	seaport. In reviewing the disputed findings, the council may
513	concur in the findings of the department or the seaport or may
514	recommend corrective action to the seaport. The department and
515	the seaport shall give great weight to the council's findings
516	and recommendations.
517	(e)  All seaports shall allow the Department of Law
518	Enforcement, or an entity designated by the department,
519	unimpeded access to affected areas and facilities for the
520	purpose of plan or compliance inspections or other operations
521	authorized by this section.
522	(10)  REPORTS.-The Department of Law Enforcement, in
523	consultation with the Office of Drug Control, shall annually
524	complete a report indicating the observations and findings of
525	all reviews, inspections, or other operations relating to the
526	seaports conducted during the year and any recommendations
527	resulting from such reviews, inspections, and operations. A copy
528	of the report shall be provided to the Governor, the President
529	of the Senate, the Speaker of the House of Representatives, the
530	governing body of each seaport or seaport authority, and each
531	seaport director. The report must include each director's
532	response indicating what actions, if any, have been taken or are
533	planned to be taken pursuant to the observations, findings, and
534	recommendations reported by the department.
535	(11)  FUNDING.-
536	(a)  In making decisions regarding security projects or
537	other funding applicable to each seaport listed in s. 311.09,
538	the Legislature may consider the Department of Law Enforcement's
539	annual report under subsection (10) as authoritative, especially
540	regarding each seaport's degree of substantial compliance with
541	the minimum security standards established in subsection (1).
542	(b)  The Legislature shall regularly review the ongoing
543	costs of operational security on seaports, the impacts of this
544	section on those costs, mitigating factors that may reduce costs
545	without reducing security, and the methods by which seaports may
546	implement operational security using a combination of sworn law
547	enforcement officers and private security services.
548	(c)  Subject to the provisions of this chapter and
549	appropriations made for seaport security, state funds may not be
550	expended for security costs without certification of need for
551	such expenditures by the Office of Ports Administrator within
552	the Department of Law Enforcement.
553	(d)  If funds are appropriated for seaport security, the
554	Office of Drug Control, the Department of Law Enforcement, and
555	the Florida Seaport Transportation and Economic Development
556	Council shall mutually determine the allocation of such funds
557	for security project needs identified in the approved seaport
558	security plans. Any seaport that receives state funds for
559	security projects must enter into a joint participation
560	agreement with the appropriate state entity and use the seaport
561	security plan as the basis for the agreement.
562	1.  If funds are made available over more than 1 fiscal
563	year, the agreement must reflect the entire scope of the project
564	approved in the security plan and, as practicable, allow for
565	reimbursement for authorized projects over more than 1 year.
566	2.  The agreement may include specific timeframes for
567	completion of a security project and the applicable funding
568	reimbursement dates. The agreement may also require a
569	contractual penalty of up to $1,000 per day to be imposed for
570	failure to meet project completion dates if state funding is
571	available. Any such penalty shall be deposited into the State
572	Transportation Trust Fund and used for seaport security
573	operations and capital improvements.
574	Section 3.  Subsection (2) of section 311.121, Florida
575	Statutes, is amended to read:
576	311.121  Qualifications, training, and certification of
577	licensed security officers at Florida seaports.-
578	(2)  The authority or governing board of each seaport
579	identified under s. 311.09 that is subject to the statewide
580	minimum seaport security standards referenced established in s.
581	311.12 shall require that a candidate for certification as a
582	seaport security officer:
583	(a)  Has received a Class D license as a security officer
584	under chapter 493.
585	(b)  Has successfully completed the certified training
586	curriculum for a Class D license or has been determined by the
587	Department of Agriculture and Consumer Services to have
588	equivalent experience as established by rule of the department.
589	(c)  Has completed the training or training equivalency and
590	testing process established by this section for becoming a
591	certified seaport security officer.
592	Section 4.  Subsection (1) of section 311.123, Florida
593	Statutes, is amended to read:
594	311.123  Maritime domain security awareness training
595	program.-
596	(1)  The Florida Seaport Transportation and Economic
597	Development Council, in conjunction with the Department of Law
598	Enforcement and the Office of Drug Control within the Executive
599	Office of the Governor, shall create a maritime domain security
600	awareness training program to instruct all personnel employed
601	within a seaport's boundaries about the security procedures
602	required of them for implementation of the seaport security plan
603	required under s. 311.12(2)(3).
604	Section 5.  Subsection (1) of section 311.124, Florida
605	Statutes, is amended to read:
606	311.124  Trespassing; detention by a certified seaport
607	security officer.-
608	(1)  Any Class D or Class G seaport security officer
609	certified under the federal Maritime Transportation Security Act
610	of 2002 guidelines and s. 311.121 or any employee of the seaport
611	security force certified under the federal Maritime
612	Transportation Security Act of 2002 guidelines and s. 311.121
613	who has probable cause to believe that a person is trespassing
614	pursuant to s. 810.08 or s. 810.09 or this chapter in a
615	designated secure or restricted area pursuant to s. 311.12(3)(4)
616	is authorized to detain such person in a reasonable manner for a
617	reasonable period of time pending the arrival of a law
618	enforcement officer, and such action does not render the
619	security officer criminally or civilly liable for false arrest,
620	false imprisonment, or unlawful detention.
621	Section 6.  Section 311.115, Florida Statutes, is repealed.
622	Section 7.  This act shall take effect upon becoming a law.

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