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


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
CS/CS/CS/CS/HB 283

1
A bill to be entitled
2An act relating to seaports; amending s. 311.09, F.S.;
3including a representative of Port Citrus as a member of
4the Florida Seaport Transportation and Economic
5Development Council; providing that Citrus County may
6apply for a grant for a feasibility study through the
7Florida Seaport Transportation and Economic Development
8Council; providing for the evaluation of the application;
9requiring the Department of Transportation to include the
10study in its budget request under certain circumstances;
11terminating the membership of Port Citrus on the council
12under certain circumstances; amending s. 311.12, F.S.;
13deleting provisions relating to statewide minimum
14standards for seaport security; deleting provisions
15authorizing the Department of Law Enforcement to exempt
16all or part of a seaport from specified requirements in
17certain circumstances; revising provisions relating to
18seaport security plans; revising requirements for certain
19secure or restricted areas; revising provisions relating
20to when a part of a seaport property may temporarily be
21designated as a secure or restricted area; deleting
22provisions requiring that the Department of Law
23Enforcement administer a statewide seaport access
24eligibility reporting system; deleting provisions
25requiring that persons seeking authorization to access
26secure and restricted areas of a seaport execute an
27affidavit; prohibiting a seaport from charging any fee for
28administration or production of access control credentials
29that require or are associated with a fingerprint-based
30background check, in addition to the fee for the federal
31TWIC; providing exceptions; providing for issuance of
32seaport-specific access credentials; deleting provisions
33requiring fingerprint-based state criminal history checks
34on seaport employee applicants, current employees, and
35other authorized persons; deleting provisions authorizing
36waivers from security requirements in certain
37circumstances; deleting provisions relating to
38inspections; deleting reporting requirements; deleting the
39provisions relating to the allocation of appropriated
40funds for security project needs; amending s. 311.121,
41F.S.; conforming provisions to changes made by the act;
42amending s. 311.123, F.S.; revising who may create a
43maritime domain security awareness training program;
44conforming provisions to changes made by the act; amending
45s. 311.124, F.S.; conforming provisions to changes made by
46the act; repealing s. 311.115, F.S., relating to the
47Seaport Security Standards Advisory Council; providing an
48effective date.
49
50Be It Enacted by the Legislature of the State of Florida:
51
52     Section 1.  Subsection (1) of section 311.09, Florida
53Statutes, is amended, and subsection (13) is added that section,
54to read:
55     311.09  Florida Seaport Transportation and Economic
56Development Council.-
57     (1)  The Florida Seaport Transportation and Economic
58Development Council is created within the Department of
59Transportation. The council consists of the following 18 17
60members: the port director, or the port director's designee, of
61each of the ports of Jacksonville, Port Canaveral, Port Citrus,
62Fort Pierce, Palm Beach, Port Everglades, Miami, Port Manatee,
63St. Petersburg, Tampa, Port St. Joe, Panama City, Pensacola, Key
64West, and Fernandina; the secretary of the Department of
65Transportation or his or her designee; the director of the
66Office of Tourism, Trade, and Economic Development or his or her
67designee; and the secretary of the Department of Community
68Affairs or his or her designee.
69     (13)  Until July 1, 2014, Citrus County may apply for a
70grant through the Florida Seaport Transportation and Economic
71Development Council to perform a feasibility study regarding the
72establishment of a port in Citrus County. The council shall
73evaluate such application pursuant to subsections (5)-(9) and,
74if approved, the Department of Transportation shall include the
75feasibility study in its budget request pursuant to subsection
76(10). If the study determines that a port in Citrus County is
77not feasible, the membership of Port Citrus on the council shall
78terminate.
79     Section 2.  Section 311.12, Florida Statutes, is amended to
80read:
81     311.12  Seaport security.-
82     (1)  SECURITY STANDARDS.-
83     (a)  The statewide minimum standards for seaport security
84applicable to seaports listed in s. 311.09 shall be those based
85on the Florida Seaport Security Assessment 2000 and set forth in
86the Port Security Standards Compliance Plan delivered to the
87Speaker of the House of Representatives and the President of the
88Senate on December 11, 2000. The Office of Drug Control within
89the Executive Office of the Governor shall maintain a sufficient
90number of copies of the standards at its offices for
91distribution to the public and provide copies to each affected
92seaport upon request.
93     (a)(b)  A seaport may implement security measures that are
94more stringent, more extensive, or supplemental to the
95applicable federal security regulations, including federal
96facility security assessment requirements under 33 C.F.R. s.
97105.305 minimum security standards established by this
98subsection.
99     (b)(c)  The provisions of s. 790.251 are not superseded,
100preempted, or otherwise modified in any way by the provisions of
101this section.
102     (2)  EXEMPTION.-The Department of Law Enforcement may
103exempt all or part of a seaport listed in s. 311.09 from the
104requirements of this section if the department determines that
105activity associated with the use of the seaport or part of the
106seaport is not vulnerable to criminal activity or terrorism. The
107department shall periodically review such exemptions to
108determine if there is a change in use. Such change may warrant
109removal of all or part of the exemption.
110     (2)(3)  SECURITY PLAN.-
111     (a)  Each seaport listed in s. 311.09 shall adopt and
112maintain a security plan specific to that seaport which provides
113for a secure seaport infrastructure that promotes the safety and
114security of state residents and visitors and the flow of
115legitimate trade and travel.
116     (b)(a)  Each seaport Every 5 years after January 1, 2007,
117each seaport director, with the assistance of the Regional
118Domestic Security Task Force and in conjunction with the United
119States Coast Guard, shall periodically revise the seaport's
120security plan based on the seaport's director's ongoing
121assessment of security risks, the risks of terrorist activities,
122and the specific and identifiable needs of the seaport for
123ensuring that the seaport is in substantial compliance with
124applicable federal security regulations, including federal
125facility security assessment requirements under 33 C.F.R. s.
126105.305 the minimum security standards established under
127subsection (1).
128     (b)  Each adopted or revised security plan must be reviewed
129and approved by the Office of Drug Control and the Department of
130Law Enforcement for compliance with federal facility security
131assessment requirements under 33 C.F.R. s. 105.305 and the
132minimum security standards established under subsection (1).
133Within 30 days after completion, a copy of the written review
134shall be delivered to the United States Coast Guard, the
135Regional Domestic Security Task Force, and the Domestic Security
136Oversight Council.
137     (3)(4)  SECURE AND RESTRICTED AREAS.-Each seaport listed in
138s. 311.09 must clearly designate in seaport security plans, and
139clearly identify with appropriate signs and markers on the
140premises of a seaport, all secure and restricted areas as
141defined by 33 C.F.R. part 105 the United States Department of
142Homeland Security-United States Coast Guard Navigation and
143Vessel Inspection Circular No. 03-07 and 49 C.F.R. part 1572.
144The plans must also address access eligibility requirements and
145corresponding security enforcement authorizations.
146     (a)  The seaport's security plan must set forth the
147conditions and restrictions to be imposed on persons employed
148at, doing business at, or visiting the seaport who have access
149to secure and restricted areas which are sufficient to provide
150substantial compliance with the minimum security standards
151established in subsection (1) and federal regulations.
152     1.  All seaport employees and other persons working at the
153seaport who have regular access to secure or restricted areas
154must comply with federal access control regulations and state
155criminal history checks as prescribed in this section.
156     2.  All persons and objects in secure and restricted areas
157are subject to search by a sworn state-certified law enforcement
158officer, a Class D seaport security officer certified under
159Maritime Transportation Security Act of 2002 guidelines and s.
160311.121, or an employee of the seaport security force certified
161under the Maritime Transportation Security Act of 2002
162guidelines and s. 311.121.
163     3.  Persons found in these areas without the proper
164permission are subject to the trespass provisions of ss. 810.08
165and 810.09.
166     (b)  As determined by the seaport director's most current
167risk assessment under paragraph (3)(a), any secure or restricted
168area that has a potential human occupancy of 50 persons or more,
169any cruise terminal, or any business operation that is adjacent
170to a public access area must be protected from the most probable
171and credible terrorist threat to human life.
172     (b)(c)  The seaport must provide clear notice of the
173prohibition against possession of concealed weapons and other
174contraband material on the premises of the seaport. Any person
175in a restricted area who has in his or her possession a
176concealed weapon, or who operates or has possession or control
177of a vehicle in or upon which a concealed weapon is placed or
178stored, commits a misdemeanor of the first degree, punishable as
179provided in s. 775.082 or s. 775.083. This paragraph does not
180apply to active-duty certified federal or state law enforcement
181personnel or persons so designated by the seaport director in
182writing.
183     (c)(d)  During a period of high terrorist threat level, as
184designated by the United States Department of Homeland Security
185or the Department of Law Enforcement, or during an emergency
186declared at a port by the seaport security director due to
187events applicable to that particular seaport, the management or
188controlling authority of the port may temporarily designate any
189part of the seaport property as a secure or restricted area. The
190duration of such designation is limited to the period in which
191the high terrorist threat level is in effect or a port emergency
192exists.
193     (5)  ACCESS ELIGIBILITY REPORTING SYSTEM.-Subject to
194legislative appropriations, the Department of Law Enforcement
195shall administer a statewide seaport access eligibility
196reporting system.
197     (a)  The system must include, at a minimum, the following:
198     1.  A centralized, secure method of collecting and
199maintaining fingerprints, other biometric data, or other means
200of confirming the identity of persons authorized to enter a
201secure or restricted area of a seaport.
202     2.  A methodology for receiving from and transmitting
203information to each seaport regarding a person's authority to
204enter a secure or restricted area of the seaport.
205     3.  A means for receiving prompt notification from a
206seaport when a person's authorization to enter a secure or
207restricted area of a seaport has been suspended or revoked.
208     4.  A means to communicate to seaports when a person's
209authorization to enter a secure or restricted area of a seaport
210has been suspended or revoked.
211     (b)  Each seaport listed in s. 311.09 is responsible for
212granting, modifying, restricting, or denying access to secure
213and restricted areas to seaport employees, other persons working
214at the seaport, visitors who have business with the seaport, or
215other persons regularly appearing at the seaport. Based upon the
216person's criminal history check, each seaport may determine the
217specific access eligibility to be granted to that person. Each
218seaport is responsible for access eligibility verification at
219its location.
220     (c)  Upon determining that a person is eligible to enter a
221secure or restricted area of a port pursuant to subsections (6)
222and (7), the seaport shall, within 3 business days, report the
223determination to the department for inclusion in the system.
224     (d)  All information submitted to the department regarding
225a person's access eligibility screening may be retained by the
226department for subsequent use in promoting seaport security,
227including, but not limited to, the review of the person's
228criminal history status to ensure that the person has not become
229disqualified for such access.
230     (e)  The following fees may not be charged by more than one
231seaport and shall be paid by the seaport, another employing
232entity, or the person being entered into the system to the
233department or to the seaport if the seaport is acting as an
234agent of the department for the purpose of collecting the fees:
235     1.  The cost of the state criminal history check under
236subsection (7).
237     2.  A $50 fee to cover the initial cost of entering the
238person into the system and an additional $50 fee every 5 years
239thereafter to coincide with the issuance of the federal
240Transportation Worker Identification Credential described in
241subsection (6). The fee covers all costs for entering or
242maintaining the person in the system including the retention and
243use of the person's fingerprint, other biometric data, or other
244identifying information.
245     3.  The seaport entering the person into the system may
246charge an administrative fee to cover, but not exceed, the
247seaport's actual administrative costs for processing the results
248of the state criminal history check and entering the person into
249the system.
250     (f)  All fees identified in paragraph (e) must be paid
251before the person may be granted access to a secure or
252restricted area. Failure to comply with the criminal history
253check and failure to pay the fees are grounds for immediate
254denial of access.
255     (g)  Persons, corporations, or other business entities that
256employ persons to work or do business at seaports shall notify
257the seaport of the termination, resignation, work-related
258incapacitation, or death of an employee who has access
259permission.
260     1.  If the seaport determines that the person has been
261employed by another appropriate entity or is self-employed for
262purposes of performing work at the seaport, the seaport may
263reinstate the person's access eligibility.
264     2.  A business entity's failure to report a change in an
265employee's work status within 7 days after the change may result
266in revocation of the business entity's access to the seaport.
267     (h)  In addition to access permissions granted or denied by
268seaports, access eligibility may be restricted or revoked by the
269department if there is a reasonable suspicion that the person is
270involved in terrorism or criminal violations that could affect
271the security of a port or otherwise render the person ineligible
272for seaport access.
273     (i)  Any suspension or revocation of port access must be
274reported by the seaport to the department within 24 hours after
275such suspension or revocation.
276     (j)  The submission of information known to be false or
277misleading to the department for entry into the system is a
278felony of the third degree, punishable as provided in s.
279775.082, 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
282to secure and restricted areas of a seaport must possess, unless
283waived under paragraph (7)(e), a valid federal Transportation
284Worker Identification Credential (TWIC).
285     (b)  A seaport may not charge a fee for the administration
286or production of any access control credential that requires or
287is associated with a fingerprint-based background check, in
288addition to the fee for the federal TWIC. Beginning July 1,
2892013, a seaport may not charge a fee for a seaport-specific
290access credential issued in addition to the federal TWIC, except
291under the following circumstances:
292     1.  The individual seeking to gain secured access is a new
293hire as defined under 33 C.F.R. s. 105; or
294     2.  The individual has lost or misplaced his or her federal
295TWIC. and execute an affidavit under oath which provides TWIC
296identification information and indicates the following:
297     1.  The TWIC is currently valid and in full force and
298effect.
299     2.  The TWIC was not received through the waiver process
300for disqualifying criminal history allowed by federal law.
301     3.  He or she has not, in any jurisdiction, civilian or
302military, been convicted of, entered a plea of guilty or nolo
303contendere to, regardless of adjudication, or been found not
304guilty by reason of insanity, of any disqualifying felony under
305subsection (7) or any crime that includes the use or possession
306of a firearm.
307     (b)  Upon submission of a completed affidavit as provided
308in paragraph (a), the completion of the state criminal history
309check as provided in subsection (7), and payment of all required
310fees under subsection (5), a seaport may grant the person access
311to secure or restricted areas of the port.
312     (c)  Any port granting a person access to secure or
313restricted areas shall report the grant of access to the
314Department of Law Enforcement for inclusion in the access
315eligibility reporting system under subsection (5) within 3
316business days.
317     (d)  The submission of false information on the affidavit
318required by this section is a felony of the third degree,
319punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
320Upon conviction for a violation of this provision, the person
321convicted forfeits all privilege of access to secure or
322restricted areas of a seaport and is disqualified from future
323approval for access to such areas.
324     (e)  Any affidavit form created for use under this
325subsection must contain the following statement in conspicuous
326type: "SUBMISSION OF FALSE INFORMATION ON THIS AFFIDAVIT IS A
327FELONY UNDER FLORIDA LAW AND WILL, UPON CONVICTION, RESULT IN
328DISQUALIFICATION FOR ACCESS TO A SECURE OR RESTRICTED AREA OF A
329SEAPORT."
330     (f)  Upon each 5-year renewal of a person's TWIC, the
331person must submit another affidavit as required by this
332subsection.
333     (7)  CRIMINAL HISTORY SCREENING.-A fingerprint-based
334criminal history check must be performed on employee applicants,
335current employees, and other persons authorized to regularly
336enter a secure or restricted area, or the entire seaport if the
337seaport security plan does not designate one or more secure or
338restricted areas.
339     (a)  A person is disqualified from employment or unescorted
340access if the person:
341     1.  Was convicted of, or entered a plea of guilty or nolo
342contendere to, regardless of adjudication, any of the offenses
343listed in paragraph (b) in any jurisdiction, civilian or
344military, including courts-martial conducted by the Armed Forces
345of the United States, during the 7 years before the date of the
346person's application for access; or
347     2.  Was released from incarceration, or any supervision
348imposed as a result of sentencing, for committing any of the
349disqualifying crimes listed in paragraph (b) in any
350jurisdiction, civilian or military, during the 5 years before
351the 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
355hoax 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
364s. 817.568.
365     11.  Bribery as provided in s. 838.015.
366     12.  A violation of s. 316.302, relating to the transport
367of 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
371firearm.
372     16.  A felony violation for theft as provided in s.
373812.014.
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,
377delivery, or possession with intent to sell, manufacture, or
378deliver a controlled substance.
379     20.  Any offense under the laws of another jurisdiction
380that is similar to an offense listed in this paragraph.
381     21.  Conspiracy or attempt to commit any of the offenses
382listed in this paragraph.
383     (c)  Each individual who is subject to a criminal history
384check shall file a complete set of fingerprints taken in a
385manner acceptable to the Department of Law Enforcement for state
386processing. The results of the criminal history check must be
387reported to the requesting seaport and may be shared among
388seaports.
389     (d)  All fingerprints submitted to the Department of Law
390Enforcement shall be retained by the department and entered into
391the statewide automated fingerprint identification system
392established in s. 943.05(2)(b) and available for use in
393accordance with s. 943.05(2)(g) and (h). An arrest record that
394is identified with the retained fingerprints of a person subject
395to the screening shall be reported to the seaport where the
396person has been granted access to a secure or restricted area.
397If the fingerprints of a person who has been granted access were
398not retained, or are otherwise not suitable for use by the
399department, the person must be refingerprinted in a manner that
400allows the department to perform its functions as provided in
401this section.
402     (e)  The Department of Law Enforcement shall establish a
403waiver process for a person who does not have a TWIC, obtained a
404TWIC though a federal waiver process, or is found to be
405unqualified under paragraph (a) and denied employment by a
406seaport or unescorted access to secure or restricted areas. If
407the person does not have a TWIC and a federal criminal history
408record check is required, the Department of Law Enforcement may
409forward the person's fingerprints to the Federal Bureau of
410Investigation for a national criminal history record check. The
411cost of the national check must be paid by the seaport, which
412may collect it as reimbursement from the person.
413     1.  Consideration for a waiver shall be based on the
414circumstances of any disqualifying act or offense, restitution
415made by the individual, and other factors from which it may be
416determined that the individual does not pose a risk of engaging
417in any act within the public seaports regulated under this
418chapter that would pose a risk to or threaten the security of
419the seaport and the public's health, safety, or welfare.
420     2.  The waiver process begins when an individual who has
421been denied initial employment within or denied unescorted
422access to secure or restricted areas of a public seaport submits
423an application for a waiver and a notarized letter or affidavit
424from the individual's employer or union representative which
425states the mitigating reasons for initiating the waiver process.
426     3.  Within 90 days after receipt of the application, the
427administrative staff of the Parole Commission shall conduct a
428factual review of the waiver application. Findings of fact shall
429be transmitted to the department for review. The department
430shall make a copy of those findings available to the applicant
431before final disposition of the waiver request.
432     4.  The department shall make a final disposition of the
433waiver request based on the factual findings of the
434investigation by the Parole Commission. The department shall
435notify the waiver applicant of the final disposition of the
436waiver.
437     5.  The review process under this paragraph is exempt from
438chapter 120.
439     6.  By October 1 of each year, each seaport shall report to
440the department each instance of denial of employment within, or
441access to, secure or restricted areas, and each instance waiving
442a denial occurring during the last 12 months. The report must
443include the identity of the individual affected, the factors
444supporting the denial or waiver, and any other material factors
445used to make the determination.
446     (f)  In addition to the waiver procedure established by the
447Department of Law Enforcement under paragraph (e), each seaport
448security plan may establish a procedure to appeal a denial of
449employment or access based upon procedural inaccuracies or
450discrepancies regarding criminal history factors established
451pursuant to this subsection.
452     (g)  Each seaport may allow immediate waivers on a
453temporary basis to meet special or emergency needs of the
454seaport or its users. Policies, procedures, and criteria for
455implementation of this paragraph must be included in the seaport
456security plan. All waivers granted by the seaports pursuant to
457this paragraph must be reported to the department within 30 days
458after issuance.
459     (8)  WAIVER FROM SECURITY REQUIREMENTS.-The Office of Drug
460Control and the Department of Law Enforcement may modify or
461waive any physical facility requirement or other requirement
462contained in the minimum security standards upon a determination
463that the purposes of the standards have been reasonably met or
464exceeded by the seaport requesting the modification or waiver.
465An alternate means of compliance must not diminish the safety or
466security of the seaport and must be verified through an
467extensive risk analysis conducted by the seaport director.
468     (a)  Waiver requests shall be submitted in writing, along
469with supporting documentation, to the Office of Drug Control and
470the Department of Law Enforcement. The office and the department
471have 90 days to jointly grant or reject the waiver, in whole or
472in part.
473     (b)  The seaport may submit any waivers that are not
474granted or are jointly rejected to the Domestic Security
475Oversight Council for review within 90 days. The council shall
476recommend that the Office of Drug Control and the Department of
477Law Enforcement grant the waiver or reject the waiver, in whole
478or in part. The office and the department shall give great
479weight to the council's recommendations.
480     (c)  A request seeking a waiver from the seaport law
481enforcement personnel standards established under s. 311.122(3)
482may not be granted for percentages below 10 percent.
483     (d)  Any modifications or waivers granted under this
484subsection shall be noted in the annual report submitted by the
485Department of Law Enforcement pursuant to subsection (10).
486     (9)  INSPECTIONS.-It is the intent of the Legislature that
487the state's seaports adhere to security practices that are
488consistent with the risks assigned to each seaport through the
489ongoing risk assessment process established in paragraph (3)(a).
490     (a)  The Department of Law Enforcement, or any entity
491designated by the department, shall conduct at least one annual
492unannounced inspection of each seaport to determine whether the
493seaport is meeting the minimum security standards established
494pursuant to subsection (1) and to identify seaport security
495changes or improvements needed or otherwise recommended.
496     (b)  The Department of Law Enforcement, or any entity
497designated by the department, may conduct additional announced
498or unannounced inspections or operations within or affecting any
499seaport to test compliance with, or the effectiveness of,
500security plans and operations at each seaport, to determine
501compliance with physical facility requirements and standards, or
502to assist the department in identifying changes or improvements
503needed to bring a seaport into compliance with minimum security
504standards.
505     (c)  Within 30 days after completing the inspection report,
506the department shall submit a copy of the report to the Domestic
507Security Oversight Council.
508     (d)  A seaport may request that the Domestic Security
509Oversight Council review the findings in the department's report
510as they relate to the requirements of this section. The council
511may review only those findings that are in dispute by the
512seaport. In reviewing the disputed findings, the council may
513concur in the findings of the department or the seaport or may
514recommend corrective action to the seaport. The department and
515the seaport shall give great weight to the council's findings
516and recommendations.
517     (e)  All seaports shall allow the Department of Law
518Enforcement, or an entity designated by the department,
519unimpeded access to affected areas and facilities for the
520purpose of plan or compliance inspections or other operations
521authorized by this section.
522     (10)  REPORTS.-The Department of Law Enforcement, in
523consultation with the Office of Drug Control, shall annually
524complete a report indicating the observations and findings of
525all reviews, inspections, or other operations relating to the
526seaports conducted during the year and any recommendations
527resulting from such reviews, inspections, and operations. A copy
528of the report shall be provided to the Governor, the President
529of the Senate, the Speaker of the House of Representatives, the
530governing body of each seaport or seaport authority, and each
531seaport director. The report must include each director's
532response indicating what actions, if any, have been taken or are
533planned to be taken pursuant to the observations, findings, and
534recommendations reported by the department.
535     (11)  FUNDING.-
536     (a)  In making decisions regarding security projects or
537other funding applicable to each seaport listed in s. 311.09,
538the Legislature may consider the Department of Law Enforcement's
539annual report under subsection (10) as authoritative, especially
540regarding each seaport's degree of substantial compliance with
541the minimum security standards established in subsection (1).
542     (b)  The Legislature shall regularly review the ongoing
543costs of operational security on seaports, the impacts of this
544section on those costs, mitigating factors that may reduce costs
545without reducing security, and the methods by which seaports may
546implement operational security using a combination of sworn law
547enforcement officers and private security services.
548     (c)  Subject to the provisions of this chapter and
549appropriations made for seaport security, state funds may not be
550expended for security costs without certification of need for
551such expenditures by the Office of Ports Administrator within
552the Department of Law Enforcement.
553     (d)  If funds are appropriated for seaport security, the
554Office of Drug Control, the Department of Law Enforcement, and
555the Florida Seaport Transportation and Economic Development
556Council shall mutually determine the allocation of such funds
557for security project needs identified in the approved seaport
558security plans. Any seaport that receives state funds for
559security projects must enter into a joint participation
560agreement with the appropriate state entity and use the seaport
561security plan as the basis for the agreement.
562     1.  If funds are made available over more than 1 fiscal
563year, the agreement must reflect the entire scope of the project
564approved in the security plan and, as practicable, allow for
565reimbursement for authorized projects over more than 1 year.
566     2.  The agreement may include specific timeframes for
567completion of a security project and the applicable funding
568reimbursement dates. The agreement may also require a
569contractual penalty of up to $1,000 per day to be imposed for
570failure to meet project completion dates if state funding is
571available. Any such penalty shall be deposited into the State
572Transportation Trust Fund and used for seaport security
573operations and capital improvements.
574     Section 3.  Subsection (2) of section 311.121, Florida
575Statutes, is amended to read:
576     311.121  Qualifications, training, and certification of
577licensed security officers at Florida seaports.-
578     (2)  The authority or governing board of each seaport
579identified under s. 311.09 that is subject to the statewide
580minimum seaport security standards referenced established in s.
581311.12 shall require that a candidate for certification as a
582seaport security officer:
583     (a)  Has received a Class D license as a security officer
584under chapter 493.
585     (b)  Has successfully completed the certified training
586curriculum for a Class D license or has been determined by the
587Department of Agriculture and Consumer Services to have
588equivalent experience as established by rule of the department.
589     (c)  Has completed the training or training equivalency and
590testing process established by this section for becoming a
591certified seaport security officer.
592     Section 4.  Subsection (1) of section 311.123, Florida
593Statutes, is amended to read:
594     311.123  Maritime domain security awareness training
595program.-
596     (1)  The Florida Seaport Transportation and Economic
597Development Council, in conjunction with the Department of Law
598Enforcement and the Office of Drug Control within the Executive
599Office of the Governor, shall create a maritime domain security
600awareness training program to instruct all personnel employed
601within a seaport's boundaries about the security procedures
602required of them for implementation of the seaport security plan
603required under s. 311.12(2)(3).
604     Section 5.  Subsection (1) of section 311.124, Florida
605Statutes, is amended to read:
606     311.124  Trespassing; detention by a certified seaport
607security officer.-
608     (1)  Any Class D or Class G seaport security officer
609certified under the federal Maritime Transportation Security Act
610of 2002 guidelines and s. 311.121 or any employee of the seaport
611security force certified under the federal Maritime
612Transportation Security Act of 2002 guidelines and s. 311.121
613who has probable cause to believe that a person is trespassing
614pursuant to s. 810.08 or s. 810.09 or this chapter in a
615designated secure or restricted area pursuant to s. 311.12(3)(4)
616is authorized to detain such person in a reasonable manner for a
617reasonable period of time pending the arrival of a law
618enforcement officer, and such action does not render the
619security officer criminally or civilly liable for false arrest,
620false 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.
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