Bill Text: FL H0283 | 2011 | Regular Session | Comm Sub

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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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-Comm_Sub.html

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CS/HB 283

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

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