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

NOTE: There are more recent revisions of this legislation. Read Latest Draft
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-Introduced.html
HB 283

1
A bill to be entitled
2An act relating to seaport security; amending s. 311.12,
3F.S.; deleting provisions relating to statewide minimum
4standards for seaport security; deleting provisions
5authorizing the Department of Law Enforcement to exempt
6all or part of a seaport from specified requirements in
7certain circumstances; revising provisions relating to
8seaport security plans; revising requirements for certain
9secure or restricted areas; deleting provisions requiring
10that the Department of Law Enforcement administer a
11statewide seaport access eligibility reporting system;
12deleting provisions requiring that persons seeking
13authorization to access secure and restricted areas of a
14seaport execute an affidavit; prohibiting a seaport from
15charging any fee for administration or production of
16access control credentials that require or are associated
17with a fingerprint-based background check, in addition to
18the fee for the federal TWIC; providing for issuance of
19seaport-specific access credentials; deleting provisions
20requiring fingerprint-based state criminal history checks
21on seaport employee applicants, current employees, and
22other authorized persons; deleting provisions authorizing
23waivers from security requirements in certain
24circumstances; revising provisions relating to
25inspections; revising reporting requirements; revising the
26parties that determine the allocation of appropriated
27funds for security project needs; amending ss. 311.121,
28311.123, and 311.124, F.S.; conforming provisions to
29changes made by the act; repealing s. 311.115, F.S.,
30relating to the Seaport Security Standards Advisory
31Council; providing an effective date.
32
33Be It Enacted by the Legislature of the State of Florida:
34
35     Section 1.  Section 311.12, Florida Statutes, is amended to
36read:
37     311.12  Seaport security.-
38     (1)  SECURITY STANDARDS.-
39     (a)  The statewide minimum standards for seaport security
40applicable to seaports listed in s. 311.09 shall be those based
41on the Florida Seaport Security Assessment 2000 and set forth in
42the Port Security Standards Compliance Plan delivered to the
43Speaker of the House of Representatives and the President of the
44Senate on December 11, 2000. The Office of Drug Control within
45the Executive Office of the Governor shall maintain a sufficient
46number of copies of the standards at its offices for
47distribution to the public and provide copies to each affected
48seaport upon request.
49     (a)(b)  A seaport may implement security measures that are
50more stringent, more extensive, or supplemental to the
51applicable federal security regulations, including federal
52facility security assessment requirements under 33 C.F.R. s.
53105.305 minimum security standards established  by this
54subsection.
55     (b)(c)  The provisions of s. 790.251 are not superseded,
56preempted, or otherwise modified in any way by the provisions of
57this section.
58     (2)  EXEMPTION.-The Department of Law Enforcement may
59exempt all or part of a seaport listed in s. 311.09 from the
60requirements of this section if the department determines that
61activity associated with the use of the seaport or part of the
62seaport is not vulnerable to criminal activity or terrorism. The
63department shall periodically review such exemptions to
64determine if there is a change in use. Such change may warrant
65removal of all or part of the exemption.
66     (2)(3)  SECURITY PLAN.-
67     (a)  Each seaport listed in s. 311.09 shall adopt and
68maintain a security plan specific to that seaport which provides
69for a secure seaport infrastructure that promotes the safety and
70security of state residents and visitors and the flow of
71legitimate trade and travel.
72     (b)(a)  Each seaport Every 5 years after January 1, 2007,
73each seaport director, with the assistance of the Regional
74Domestic Security Task Force and in conjunction with the United
75States Coast Guard, shall periodically revise the seaport's
76security plan based on the seaport's director's ongoing
77assessment of security risks, the risks of terrorist activities,
78and the specific and identifiable needs of the seaport for
79ensuring that the seaport is in substantial compliance with
80applicable federal security regulations, including federal
81facility security assessment requirements under 33 C.F.R. s.
82105.305 the minimum security standards established under
83subsection (1).
84     (b)  Each adopted or revised security plan must be reviewed
85and approved by the Office of Drug Control and the Department of
86Law Enforcement for compliance with federal facility security
87assessment requirements under 33 C.F.R. s. 105.305 and the
88minimum security standards established under subsection (1).
89Within 30 days after completion, a copy of the written review
90shall be delivered to the United States Coast Guard, the
91Regional Domestic Security Task Force, and the Domestic Security
92Oversight Council.
93     (3)(4)  SECURE AND RESTRICTED AREAS.-Each seaport listed in
94s. 311.09 must clearly designate in seaport security plans, and
95clearly identify with appropriate signs and markers on the
96premises of a seaport, all secure and restricted areas as
97defined by the United States Department of Homeland Security-
98United States Coast Guard Navigation and Vessel Inspection
99Circular No. 03-07 and 49 C.F.R. part 1572. The plans must also
100address access eligibility requirements and corresponding
101security enforcement authorizations.
102     (a)  The seaport's security plan must set forth the
103conditions and restrictions to be imposed on persons employed
104at, doing business at, or visiting the seaport who have access
105to secure and restricted areas which are sufficient to provide
106substantial compliance with the minimum security standards
107established in subsection (1) and federal regulations.
108     1.  All seaport employees and other persons working at the
109seaport who have regular access to secure or restricted areas
110must comply with federal access control regulations and state
111criminal history checks as prescribed in this section.
112     2.  All persons and objects in secure and restricted areas
113are subject to search by a sworn state-certified law enforcement
114officer, a Class D seaport security officer certified under
115Maritime Transportation Security Act of 2002 guidelines and s.
116311.121, or an employee of the seaport security force certified
117under the Maritime Transportation Security Act of 2002
118guidelines and s. 311.121.
119     3.  Persons found in these areas without the proper
120permission are subject to the trespass provisions of ss. 810.08
121and 810.09.
122     (b)  As determined by the seaport director's most current
123risk assessment under paragraph (3)(a), any secure or restricted
124area that has a potential human occupancy of 50 persons or more,
125any cruise terminal, or any business operation that is adjacent
126to a public access area must be protected from the most probable
127and credible terrorist threat to human life.
128     (b)(c)  The seaport must provide clear notice of the
129prohibition against possession of concealed weapons and other
130contraband material on the premises of the seaport. Any person
131in a restricted area who has in his or her possession a
132concealed weapon, or who operates or has possession or control
133of a vehicle in or upon which a concealed weapon is placed or
134stored, commits a misdemeanor of the first degree, punishable as
135provided in s. 775.082 or s. 775.083. This paragraph does not
136apply to active-duty certified federal or state law enforcement
137personnel or persons so designated by the seaport director in
138writing.
139     (c)(d)  During a period of high terrorist threat level, as
140designated by the United States Department of Homeland Security
141or the Department of Law Enforcement, or during an emergency
142declared at a port by the seaport security director due to
143events applicable to that particular seaport, the management or
144controlling authority of the port may temporarily designate any
145part of the seaport property as a secure or restricted area. The
146duration of such designation is limited to the period in which
147the high terrorist threat level is in effect or a port emergency
148exists.
149     (5)  ACCESS ELIGIBILITY REPORTING SYSTEM.-Subject to
150legislative appropriations, the Department of Law Enforcement
151shall administer a statewide seaport access eligibility
152reporting system.
153     (a)  The system must include, at a minimum, the following:
154     1.  A centralized, secure method of collecting and
155maintaining fingerprints, other biometric data, or other means
156of confirming the identity of persons authorized to enter a
157secure or restricted area of a seaport.
158     2.  A methodology for receiving from and transmitting
159information to each seaport regarding a person's authority to
160enter a secure or restricted area of the seaport.
161     3.  A means for receiving prompt notification from a
162seaport when a person's authorization to enter a secure or
163restricted area of a seaport has been suspended or revoked.
164     4.  A means to communicate to seaports when a person's
165authorization to enter a secure or restricted area of a seaport
166has been suspended or revoked.
167     (b)  Each seaport listed in s. 311.09 is responsible for
168granting, modifying, restricting, or denying access to secure
169and restricted areas to seaport employees, other persons working
170at the seaport, visitors who have business with the seaport, or
171other persons regularly appearing at the seaport. Based upon the
172person's criminal history check, each seaport may determine the
173specific access eligibility to be granted to that person. Each
174seaport is responsible for access eligibility verification at
175its location.
176     (c)  Upon determining that a person is eligible to enter a
177secure or restricted area of a port pursuant to subsections (6)
178and (7), the seaport shall, within 3 business days, report the
179determination to the department for inclusion in the system.
180     (d)  All information submitted to the department regarding
181a person's access eligibility screening may be retained by the
182department for subsequent use in promoting seaport security,
183including, but not limited to, the review of the person's
184criminal history status to ensure that the person has not become
185disqualified for such access.
186     (e)  The following fees may not be charged by more than one
187seaport and shall be paid by the seaport, another employing
188entity, or the person being entered into the system to the
189department or to the seaport if the seaport is acting as an
190agent of the department for the purpose of collecting the fees:
191     1.  The cost of the state criminal history check under
192subsection (7).
193     2.  A $50 fee to cover the initial cost of entering the
194person into the system and an additional $50 fee every 5 years
195thereafter to coincide with the issuance of the federal
196Transportation Worker Identification Credential described in
197subsection (6). The fee covers all costs for entering or
198maintaining the person in the system including the retention and
199use of the person's fingerprint, other biometric data, or other
200identifying information.
201     3.  The seaport entering the person into the system may
202charge an administrative fee to cover, but not exceed, the
203seaport's actual administrative costs for processing the results
204of the state criminal history check and entering the person into
205the system.
206     (f)  All fees identified in paragraph (e) must be paid
207before the person may be granted access to a secure or
208restricted area. Failure to comply with the criminal history
209check and failure to pay the fees are grounds for immediate
210denial of access.
211     (g)  Persons, corporations, or other business entities that
212employ persons to work or do business at seaports shall notify
213the seaport of the termination, resignation, work-related
214incapacitation, or death of an employee who has access
215permission.
216     1.  If the seaport determines that the person has been
217employed by another appropriate entity or is self-employed for
218purposes of performing work at the seaport, the seaport may
219reinstate the person's access eligibility.
220     2.  A business entity's failure to report a change in an
221employee's work status within 7 days after the change may result
222in revocation of the business entity's access to the seaport.
223     (h)  In addition to access permissions granted or denied by
224seaports, access eligibility may be restricted or revoked by the
225department if there is a reasonable suspicion that the person is
226involved in terrorism or criminal violations that could affect
227the security of a port or otherwise render the person ineligible
228for seaport access.
229     (i)  Any suspension or revocation of port access must be
230reported by the seaport to the department within 24 hours after
231such suspension or revocation.
232     (j)  The submission of information known to be false or
233misleading to the department for entry into the system is a
234felony of the third degree, punishable as provided in s.
235775.082, s. 775.083, or s. 775.084.
236     (4)(6)  ACCESS TO SECURE AND RESTRICTED AREAS.-
237     (a)  Any person seeking authorization for unescorted access
238to secure and restricted areas of a seaport must possess, unless
239waived under paragraph (7)(e), a valid federal Transportation
240Worker Identification Credential (TWIC).
241     (b)  A seaport may not charge any fee for the
242administration or production of any access control credential
243that requires or is associated with a fingerprint-based
244background check, in addition to the fee for the federal TWIC. A
245seaport may issue its own seaport-specific access credential and
246may charge a fee no greater than its actual administrative costs
247for the production and issuance of the credential. and execute
248an affidavit under oath which provides TWIC identification
249information and indicates the following:
250     1.  The TWIC is currently valid and in full force and
251effect.
252     2.  The TWIC was not received through the waiver process
253for disqualifying criminal history allowed by federal law.
254     3.  He or she has not, in any jurisdiction, civilian or
255military, been convicted of, entered a plea of guilty or nolo
256contendere to, regardless of adjudication, or been found not
257guilty by reason of insanity, of any disqualifying felony under
258subsection (7) or any crime that includes the use or possession
259of a firearm.
260     (b)  Upon submission of a completed affidavit as provided
261in paragraph (a), the completion of the state criminal history
262check as provided in subsection (7), and payment of all required
263fees under subsection (5), a seaport may grant the person access
264to secure or restricted areas of the port.
265     (c)  Any port granting a person access to secure or
266restricted areas shall report the grant of access to the
267Department of Law Enforcement for inclusion in the access
268eligibility reporting system under subsection (5) within 3
269business days.
270     (d)  The submission of false information on the affidavit
271required by this section is a felony of the third degree,
272punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
273Upon conviction for a violation of this provision, the person
274convicted forfeits all privilege of access to secure or
275restricted areas of a seaport and is disqualified from future
276approval for access to such areas.
277     (e)  Any affidavit form created for use under this
278subsection must contain the following statement in conspicuous
279type: "SUBMISSION OF FALSE INFORMATION ON THIS AFFIDAVIT IS A
280FELONY UNDER FLORIDA LAW AND WILL, UPON CONVICTION, RESULT IN
281DISQUALIFICATION FOR ACCESS TO A SECURE OR RESTRICTED AREA OF A
282SEAPORT."
283     (f)  Upon each 5-year renewal of a person's TWIC, the
284person must submit another affidavit as required by this
285subsection.
286     (7)  CRIMINAL HISTORY SCREENING.-A fingerprint-based
287criminal history check must be performed on employee applicants,
288current employees, and other persons authorized to regularly
289enter a secure or restricted area, or the entire seaport if the
290seaport security plan does not designate one or more secure or
291restricted areas.
292     (a)  A person is disqualified from employment or unescorted
293access if the person:
294     1.  Was convicted of, or entered a plea of guilty or nolo
295contendere to, regardless of adjudication, any of the offenses
296listed in paragraph (b) in any jurisdiction, civilian or
297military, including courts-martial conducted by the Armed Forces
298of the United States, during the 7 years before the date of the
299person's application for access; or
300     2.  Was released from incarceration, or any supervision
301imposed as a result of sentencing, for committing any of the
302disqualifying crimes listed in paragraph (b) in any
303jurisdiction, civilian or military, during the 5 years before
304the date of the person's application for access.
305     (b)  Disqualifying offenses include:
306     1.  An act of terrorism as defined in s. 775.30.
307     2.  A violation involving a weapon of mass destruction or a
308hoax weapon of mass destruction as provided in s. 790.166.
309     3.  Planting of a hoax bomb as provided in s. 790.165.
310     4.  A violation of s. 876.02 or s. 876.36.
311     5.  A violation of s. 860.065.
312     6.  Trafficking as provided in s. 893.135.
313     7.  Racketeering activity as provided in s. 895.03.
314     8.  Dealing in stolen property as provided in s. 812.019.
315     9.  Money laundering as provided in s. 896.101.
316     10.  Criminal use of personal identification as provided in
317s. 817.568.
318     11.  Bribery as provided in s. 838.015.
319     12.  A violation of s. 316.302, relating to the transport
320of hazardous materials.
321     13.  A forcible felony as defined in s. 776.08.
322     14.  A violation of s. 790.07.
323     15.  Any crime that includes the use or possession of a
324firearm.
325     16.  A felony violation for theft as provided in s.
326812.014.
327     17.  Robbery as provided in s. 812.13.
328     18.  Burglary as provided in s. 810.02.
329     19.  Any violation involving the sale, manufacture,
330delivery, or possession with intent to sell, manufacture, or
331deliver a controlled substance.
332     20.  Any offense under the laws of another jurisdiction
333that is similar to an offense listed in this paragraph.
334     21.  Conspiracy or attempt to commit any of the offenses
335listed in this paragraph.
336     (c)  Each individual who is subject to a criminal history
337check shall file a complete set of fingerprints taken in a
338manner acceptable to the Department of Law Enforcement for state
339processing. The results of the criminal history check must be
340reported to the requesting seaport and may be shared among
341seaports.
342     (d)  All fingerprints submitted to the Department of Law
343Enforcement shall be retained by the department and entered into
344the statewide automated fingerprint identification system
345established in s. 943.05(2)(b) and available for use in
346accordance with s. 943.05(2)(g) and (h). An arrest record that
347is identified with the retained fingerprints of a person subject
348to the screening shall be reported to the seaport where the
349person has been granted access to a secure or restricted area.
350If the fingerprints of a person who has been granted access were
351not retained, or are otherwise not suitable for use by the
352department, the person must be refingerprinted in a manner that
353allows the department to perform its functions as provided in
354this section.
355     (e)  The Department of Law Enforcement shall establish a
356waiver process for a person who does not have a TWIC, obtained a
357TWIC though a federal waiver process, or is found to be
358unqualified under paragraph (a) and denied employment by a
359seaport or unescorted access to secure or restricted areas. If
360the person does not have a TWIC and a federal criminal history
361record check is required, the Department of Law Enforcement may
362forward the person's fingerprints to the Federal Bureau of
363Investigation for a national criminal history record check. The
364cost of the national check must be paid by the seaport, which
365may collect it as reimbursement from the person.
366     1.  Consideration for a waiver shall be based on the
367circumstances of any disqualifying act or offense, restitution
368made by the individual, and other factors from which it may be
369determined that the individual does not pose a risk of engaging
370in any act within the public seaports regulated under this
371chapter that would pose a risk to or threaten the security of
372the seaport and the public's health, safety, or welfare.
373     2.  The waiver process begins when an individual who has
374been denied initial employment within or denied unescorted
375access to secure or restricted areas of a public seaport submits
376an application for a waiver and a notarized letter or affidavit
377from the individual's employer or union representative which
378states the mitigating reasons for initiating the waiver process.
379     3.  Within 90 days after receipt of the application, the
380administrative staff of the Parole Commission shall conduct a
381factual review of the waiver application. Findings of fact shall
382be transmitted to the department for review. The department
383shall make a copy of those findings available to the applicant
384before final disposition of the waiver request.
385     4.  The department shall make a final disposition of the
386waiver request based on the factual findings of the
387investigation by the Parole Commission. The department shall
388notify the waiver applicant of the final disposition of the
389waiver.
390     5.  The review process under this paragraph is exempt from
391chapter 120.
392     6.  By October 1 of each year, each seaport shall report to
393the department each instance of denial of employment within, or
394access to, secure or restricted areas, and each instance waiving
395a denial occurring during the last 12 months. The report must
396include the identity of the individual affected, the factors
397supporting the denial or waiver, and any other material factors
398used to make the determination.
399     (f)  In addition to the waiver procedure established by the
400Department of Law Enforcement under paragraph (e), each seaport
401security plan may establish a procedure to appeal a denial of
402employment or access based upon procedural inaccuracies or
403discrepancies regarding criminal history factors established
404pursuant to this subsection.
405     (g)  Each seaport may allow immediate waivers on a
406temporary basis to meet special or emergency needs of the
407seaport or its users. Policies, procedures, and criteria for
408implementation of this paragraph must be included in the seaport
409security plan. All waivers granted by the seaports pursuant to
410this paragraph must be reported to the department within 30 days
411after issuance.
412     (8)  WAIVER FROM SECURITY REQUIREMENTS.-The Office of Drug
413Control and the Department of Law Enforcement may modify or
414waive any physical facility requirement or other requirement
415contained in the minimum security standards upon a determination
416that the purposes of the standards have been reasonably met or
417exceeded by the seaport requesting the modification or waiver.
418An alternate means of compliance must not diminish the safety or
419security of the seaport and must be verified through an
420extensive risk analysis conducted by the seaport director.
421     (a)  Waiver requests shall be submitted in writing, along
422with supporting documentation, to the Office of Drug Control and
423the Department of Law Enforcement. The office and the department
424have 90 days to jointly grant or reject the waiver, in whole or
425in part.
426     (b)  The seaport may submit any waivers that are not
427granted or are jointly rejected to the Domestic Security
428Oversight Council for review within 90 days. The council shall
429recommend that the Office of Drug Control and the Department of
430Law Enforcement grant the waiver or reject the waiver, in whole
431or in part. The office and the department shall give great
432weight to the council's recommendations.
433     (c)  A request seeking a waiver from the seaport law
434enforcement personnel standards established under s. 311.122(3)
435may not be granted for percentages below 10 percent.
436     (d)  Any modifications or waivers granted under this
437subsection shall be noted in the annual report submitted by the
438Department of Law Enforcement pursuant to subsection (10).
439     (5)(9)  INSPECTIONS.-It is the intent of the Legislature
440that the state's seaports adhere to security practices that are
441consistent with the risks assigned to each seaport through the
442ongoing risk assessment process established in paragraph
443(2)(3)(a).
444     (a)  The Department of Law Enforcement, or any entity
445designated by the department, may shall conduct at least one
446annual unannounced inspections inspection of each seaport to
447determine whether the seaport is meeting the requirements under
44833 C.F.R. s. 105.305 minimum security standards established
449pursuant to subsection (1) and to identify seaport
450changes or improvements needed or otherwise recommended.
451     (b)  The Department of Law Enforcement, or any entity
452designated by the department, may conduct additional announced
453or unannounced inspections or operations within or affecting any
454seaport to test compliance with, or the effectiveness of,
455security plans and operations at each seaport, to determine
456compliance with physical facility requirements and standards, or
457to assist the department in identifying changes or improvements
458needed to bring a seaport into compliance with minimum security
459standards.
460     (c)  Within 30 days after completing the inspection report,
461the department shall submit a copy of the report to the Domestic
462Security Oversight Council.
463     (d)  A seaport may request that the Domestic Security
464Oversight Council review the findings in the department's report
465as they relate to the requirements of this section. The council
466may review only those findings that are in dispute by the
467seaport. In reviewing the disputed findings, the council may
468concur in the findings of the department or the seaport or may
469recommend corrective action to the seaport. The department and
470the seaport shall give great weight to the council's findings
471and recommendations.
472     (e)  All seaports shall allow the Department of Law
473Enforcement, or an entity designated by the department,
474unimpeded access to affected areas and facilities for the
475purpose of plan or compliance inspections or other operations
476authorized by this section.
477     (6)(10)  REPORTS.-The Department of Law Enforcement, in
478consultation with the Office of Drug Control, shall annually
479complete a report indicating the observations and findings of
480all reviews, inspections, or other operations relating to the
481seaports conducted during the year and any recommendations
482resulting from such reviews, inspections, and operations. A copy
483of the report shall be provided to the Governor, the President
484of the Senate, the Speaker of the House of Representatives, the
485governing body of each seaport or seaport authority, and each
486seaport director. The report must include each director's
487response indicating what actions, if any, have been taken or are
488planned to be taken pursuant to the observations, findings, and
489recommendations reported by the department.
490     (7)(11)  FUNDING.-
491     (a)  In making decisions regarding security projects or
492other funding applicable to each seaport listed in s. 311.09,
493the Legislature may consider the Department of Law Enforcement's
494annual report under subsection (6) (10) as authoritative,
495especially regarding each seaport's degree of substantial
496compliance with the minimum security standards established in
497subsection (1).
498     (b)  The Legislature shall regularly review the ongoing
499costs of operational security on seaports, the impacts of this
500section on those costs, mitigating factors that may reduce costs
501without reducing security, and the methods by which seaports may
502implement operational security using a combination of sworn law
503enforcement officers and private security services.
504     (c)  Subject to the provisions of this chapter and
505appropriations made for seaport security, state funds may not be
506expended for security costs without certification of need for
507such expenditures by the Office of Ports Administrator within
508the Department of Law Enforcement.
509     (d)  If funds are appropriated for seaport security, the
510Office of Drug Control, the Department of Law Enforcement, and
511the Florida Seaport Transportation and Economic Development
512Council shall mutually determine the allocation of such funds
513for security project needs identified in the approved seaport
514security plans. Any seaport that receives state funds for
515security projects must enter into a joint participation
516agreement with the appropriate state entity and use the seaport
517security plan as the basis for the agreement.
518     1.  If funds are made available over more than 1 fiscal
519year, the agreement must reflect the entire scope of the project
520approved in the security plan and, as practicable, allow for
521reimbursement for authorized projects over more than 1 year.
522     2.  The agreement may include specific timeframes for
523completion of a security project and the applicable funding
524reimbursement dates. The agreement may also require a
525contractual penalty of up to $1,000 per day to be imposed for
526failure to meet project completion dates if state funding is
527available. Any such penalty shall be deposited into the State
528Transportation Trust Fund and used for seaport security
529operations and capital improvements.
530     Section 2.  Subsection (2) of section 311.121, Florida
531Statutes, is amended to read:
532     311.121  Qualifications, training, and certification of
533licensed security officers at Florida seaports.-
534     (2)  The authority or governing board of each seaport
535identified under s. 311.09 that is subject to the statewide
536minimum seaport security standards referenced established in s.
537311.12 shall require that a candidate for certification as a
538seaport security officer:
539     (a)  Has received a Class D license as a security officer
540under chapter 493.
541     (b)  Has successfully completed the certified training
542curriculum for a Class D license or has been determined by the
543Department of Agriculture and Consumer Services to have
544equivalent experience as established by rule of the department.
545     (c)  Has completed the training or training equivalency and
546testing process established by this section for becoming a
547certified seaport security officer.
548     Section 3.  Subsection (1) of section 311.123, Florida
549Statutes, is amended to read:
550     311.123  Maritime domain security awareness training
551program.-
552     (1)  The Florida Seaport Transportation and Economic
553Development Council, in conjunction with the Department of Law
554Enforcement and the Office of Drug Control within the Executive
555Office of the Governor, shall create a maritime domain security
556awareness training program to instruct all personnel employed
557within a seaport's boundaries about the security procedures
558required of them for implementation of the seaport security plan
559required under s. 311.12(2)(3).
560     Section 4.  Subsection (1) of section 311.124, Florida
561Statutes, is amended to read:
562     311.124  Trespassing; detention by a certified seaport
563security officer.-
564     (1)  Any Class D or Class G seaport security officer
565certified under the federal Maritime Transportation Security Act
566of 2002 guidelines and s. 311.121 or any employee of the seaport
567security force certified under the federal Maritime
568Transportation Security Act of 2002 guidelines and s. 311.121
569who has probable cause to believe that a person is trespassing
570pursuant to s. 810.08 or s. 810.09 or this chapter in a
571designated secure or restricted area pursuant to s. 311.12(3)(4)
572is authorized to detain such person in a reasonable manner for a
573reasonable period of time pending the arrival of a law
574enforcement officer, and such action does not render the
575security officer criminally or civilly liable for false arrest,
576false imprisonment, or unlawful detention.
577     Section 5.  Section 311.115, Florida Statutes, is repealed.
578     Section 6.  This act shall take effect July 1, 2011.


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