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/CS/CS/HB 283

1	A bill to be entitled
2	An act relating to seaports; amending s. 311.12, F.S.;
3	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 exceptions; providing for issuance of
22	seaport-specific access credentials; deleting provisions
23	requiring fingerprint-based state criminal history checks
24	on seaport employee applicants, current employees, and
25	other authorized persons; deleting provisions authorizing
26	waivers from security requirements in certain
27	circumstances; deleting provisions relating to
28	inspections; deleting reporting requirements; deleting the
29	provisions relating to the allocation of appropriated
30	funds for security project needs; amending s. 311.121,
31	F.S.; conforming provisions to changes made by the act;
32	amending s. 311.123, F.S.; revising who may create a
33	maritime domain security awareness training program;
34	conforming provisions to changes made by the act; amending
35	s. 311.124, F.S.; conforming provisions to changes made by
36	the act; repealing s. 311.115, F.S., relating to the
37	Seaport Security Standards Advisory Council; amending s.
38	310.002, F.S.; redefining the term "port" for specified
39	provisions to include Port Citrus; amending s. 311.09,
40	F.S.; including a representative of Port Citrus as a
41	member of the Florida Seaport Transportation and Economic
42	Development Council; amending s. 374.976, F.S.; including
43	Port Citrus in provisions relating to the authority of
44	inland navigation districts; amending s. 403.021, F.S.;
45	including Port Citrus in legislative declarations relating
46	to environmental control; amending s. 403.061, F.S.;
47	including Port Citrus in provisions relating to powers of
48	the Department of Environmental Protection; amending s.
49	403.813, F.S.; including Port Citrus in provisions
50	relating to permits issued at Department of Environmental
51	Protection district centers; amending s. 403.816, F.S.;
52	including Port Citrus in provisions relating to certain
53	maintenance projects at deepwater ports and beach
54	restoration projects; providing an effective date.
55
56	Be It Enacted by the Legislature of the State of Florida:
57
58	Section 1.  Section 311.12, Florida Statutes, is amended to
59	read:
60	311.12  Seaport security.-
61	(1)  SECURITY STANDARDS.-
62	(a)  The statewide minimum standards for seaport security
63	applicable to seaports listed in s. 311.09 shall be those based
64	on the Florida Seaport Security Assessment 2000 and set forth in
65	the Port Security Standards Compliance Plan delivered to the
66	Speaker of the House of Representatives and the President of the
67	Senate on December 11, 2000. The Office of Drug Control within
68	the Executive Office of the Governor shall maintain a sufficient
69	number of copies of the standards at its offices for
70	distribution to the public and provide copies to each affected
71	seaport upon request.
72	(a)(b)  A seaport may implement security measures that are
73	more stringent, more extensive, or supplemental to the
74	applicable federal security regulations, including federal
75	facility security assessment requirements under 33 C.F.R. s.
76	105.305 minimum security standards established by this
77	subsection.
78	(b)(c)  The provisions of s. 790.251 are not superseded,
79	preempted, or otherwise modified in any way by the provisions of
80	this section.
81	(2)  EXEMPTION.-The Department of Law Enforcement may
82	exempt all or part of a seaport listed in s. 311.09 from the
83	requirements of this section if the department determines that
84	activity associated with the use of the seaport or part of the
85	seaport is not vulnerable to criminal activity or terrorism. The
86	department shall periodically review such exemptions to
87	determine if there is a change in use. Such change may warrant
88	removal of all or part of the exemption.
89	(2)(3)  SECURITY PLAN.-
90	(a)  Each seaport listed in s. 311.09 shall adopt and
91	maintain a security plan specific to that seaport which provides
92	for a secure seaport infrastructure that promotes the safety and
93	security of state residents and visitors and the flow of
94	legitimate trade and travel.
95	(b)(a)  Each seaport Every 5 years after January 1, 2007,
96	each seaport director, with the assistance of the Regional
97	Domestic Security Task Force and in conjunction with the United
98	States Coast Guard, shall periodically revise the seaport's
99	security plan based on the seaport's director's ongoing
100	assessment of security risks, the risks of terrorist activities,
101	and the specific and identifiable needs of the seaport for
102	ensuring that the seaport is in substantial compliance with
103	applicable federal security regulations, including federal
104	facility security assessment requirements under 33 C.F.R. s.
105	105.305 the minimum security standards established under
106	subsection (1).
107	(b)  Each adopted or revised security plan must be reviewed
108	and approved by the Office of Drug Control and the Department of
109	Law Enforcement for compliance with federal facility security
110	assessment requirements under 33 C.F.R. s. 105.305 and the
111	minimum security standards established under subsection (1).
112	Within 30 days after completion, a copy of the written review
113	shall be delivered to the United States Coast Guard, the
114	Regional Domestic Security Task Force, and the Domestic Security
115	Oversight Council.
116	(3)(4)  SECURE AND RESTRICTED AREAS.-Each seaport listed in
117	s. 311.09 must clearly designate in seaport security plans, and
118	clearly identify with appropriate signs and markers on the
119	premises of a seaport, all secure and restricted areas as
120	defined by 33 C.F.R. part 105 the United States Department of
121	Homeland Security-United States Coast Guard Navigation and
122	Vessel Inspection Circular No. 03-07 and 49 C.F.R. part 1572.
123	The plans must also address access eligibility requirements and
124	corresponding security enforcement authorizations.
125	(a)  The seaport's security plan must set forth the
126	conditions and restrictions to be imposed on persons employed
127	at, doing business at, or visiting the seaport who have access
128	to secure and restricted areas which are sufficient to provide
129	substantial compliance with the minimum security standards
130	established in subsection (1) and federal regulations.
131	1.  All seaport employees and other persons working at the
132	seaport who have regular access to secure or restricted areas
133	must comply with federal access control regulations and state
134	criminal history checks as prescribed in this section.
135	2.  All persons and objects in secure and restricted areas
136	are subject to search by a sworn state-certified law enforcement
137	officer, a Class D seaport security officer certified under
138	Maritime Transportation Security Act of 2002 guidelines and s.
139	311.121, or an employee of the seaport security force certified
140	under the Maritime Transportation Security Act of 2002
141	guidelines and s. 311.121.
142	3.  Persons found in these areas without the proper
143	permission are subject to the trespass provisions of ss. 810.08
144	and 810.09.
145	(b)  As determined by the seaport director's most current
146	risk assessment under paragraph (3)(a), any secure or restricted
147	area that has a potential human occupancy of 50 persons or more,
148	any cruise terminal, or any business operation that is adjacent
149	to a public access area must be protected from the most probable
150	and credible terrorist threat to human life.
151	(b)(c)  The seaport must provide clear notice of the
152	prohibition against possession of concealed weapons and other
153	contraband material on the premises of the seaport. Any person
154	in a restricted area who has in his or her possession a
155	concealed weapon, or who operates or has possession or control
156	of a vehicle in or upon which a concealed weapon is placed or
157	stored, commits a misdemeanor of the first degree, punishable as
158	provided in s. 775.082 or s. 775.083. This paragraph does not
159	apply to active-duty certified federal or state law enforcement
160	personnel or persons so designated by the seaport director in
161	writing.
162	(c)(d)  During a period of high terrorist threat level, as
163	designated by the United States Department of Homeland Security
164	or the Department of Law Enforcement, or during an emergency
165	declared at a port by the seaport security director due to
166	events applicable to that particular seaport, the management or
167	controlling authority of the port may temporarily designate any
168	part of the seaport property as a secure or restricted area. The
169	duration of such designation is limited to the period in which
170	the high terrorist threat level is in effect or a port emergency
171	exists.
172	(5)  ACCESS ELIGIBILITY REPORTING SYSTEM.-Subject to
173	legislative appropriations, the Department of Law Enforcement
174	shall administer a statewide seaport access eligibility
175	reporting system.
176	(a)  The system must include, at a minimum, the following:
177	1.  A centralized, secure method of collecting and
178	maintaining fingerprints, other biometric data, or other means
179	of confirming the identity of persons authorized to enter a
180	secure or restricted area of a seaport.
181	2.  A methodology for receiving from and transmitting
182	information to each seaport regarding a person's authority to
183	enter a secure or restricted area of the seaport.
184	3.  A means for receiving prompt notification from a
185	seaport when a person's authorization to enter a secure or
186	restricted area of a seaport has been suspended or revoked.
187	4.  A means to communicate to seaports when a person's
188	authorization to enter a secure or restricted area of a seaport
189	has been suspended or revoked.
190	(b)  Each seaport listed in s. 311.09 is responsible for
191	granting, modifying, restricting, or denying access to secure
192	and restricted areas to seaport employees, other persons working
193	at the seaport, visitors who have business with the seaport, or
194	other persons regularly appearing at the seaport. Based upon the
195	person's criminal history check, each seaport may determine the
196	specific access eligibility to be granted to that person. Each
197	seaport is responsible for access eligibility verification at
198	its location.
199	(c)  Upon determining that a person is eligible to enter a
200	secure or restricted area of a port pursuant to subsections (6)
201	and (7), the seaport shall, within 3 business days, report the
202	determination to the department for inclusion in the system.
203	(d)  All information submitted to the department regarding
204	a person's access eligibility screening may be retained by the
205	department for subsequent use in promoting seaport security,
206	including, but not limited to, the review of the person's
207	criminal history status to ensure that the person has not become
208	disqualified for such access.
209	(e)  The following fees may not be charged by more than one
210	seaport and shall be paid by the seaport, another employing
211	entity, or the person being entered into the system to the
212	department or to the seaport if the seaport is acting as an
213	agent of the department for the purpose of collecting the fees:
214	1.  The cost of the state criminal history check under
215	subsection (7).
216	2.  A $50 fee to cover the initial cost of entering the
217	person into the system and an additional $50 fee every 5 years
218	thereafter to coincide with the issuance of the federal
219	Transportation Worker Identification Credential described in
220	subsection (6). The fee covers all costs for entering or
221	maintaining the person in the system including the retention and
222	use of the person's fingerprint, other biometric data, or other
223	identifying information.
224	3.  The seaport entering the person into the system may
225	charge an administrative fee to cover, but not exceed, the
226	seaport's actual administrative costs for processing the results
227	of the state criminal history check and entering the person into
228	the system.
229	(f)  All fees identified in paragraph (e) must be paid
230	before the person may be granted access to a secure or
231	restricted area. Failure to comply with the criminal history
232	check and failure to pay the fees are grounds for immediate
233	denial of access.
234	(g)  Persons, corporations, or other business entities that
235	employ persons to work or do business at seaports shall notify
236	the seaport of the termination, resignation, work-related
237	incapacitation, or death of an employee who has access
238	permission.
239	1.  If the seaport determines that the person has been
240	employed by another appropriate entity or is self-employed for
241	purposes of performing work at the seaport, the seaport may
242	reinstate the person's access eligibility.
243	2.  A business entity's failure to report a change in an
244	employee's work status within 7 days after the change may result
245	in revocation of the business entity's access to the seaport.
246	(h)  In addition to access permissions granted or denied by
247	seaports, access eligibility may be restricted or revoked by the
248	department if there is a reasonable suspicion that the person is
249	involved in terrorism or criminal violations that could affect
250	the security of a port or otherwise render the person ineligible
251	for seaport access.
252	(i)  Any suspension or revocation of port access must be
253	reported by the seaport to the department within 24 hours after
254	such suspension or revocation.
255	(j)  The submission of information known to be false or
256	misleading to the department for entry into the system is a
257	felony of the third degree, punishable as provided in s.
258	775.082, s. 775.083, or s. 775.084.
259	(4)(6)  ACCESS TO SECURE AND RESTRICTED AREAS.-
260	(a)  Any person seeking authorization for unescorted access
261	to secure and restricted areas of a seaport must possess, unless
262	waived under paragraph (7)(e), a valid federal Transportation
263	Worker Identification Credential (TWIC).
264	(b)  A seaport may not charge a fee for the administration
265	or production of any access control credential that requires or
266	is associated with a fingerprint-based background check, in
267	addition to the fee for the federal TWIC. Beginning July 1,
268	2013, a seaport may not charge a fee for a seaport-specific
269	access credential issued in addition to the federal TWIC, except
270	under the following circumstances:
271	1.  The individual seeking to gain secured access is a new
272	hire as defined under 33 C.F.R. s. 105; or
273	2.  The individual has lost or misplaced his or her federal
274	TWIC. and execute an affidavit under oath which provides TWIC
275	identification information and indicates the following:
276	1.  The TWIC is currently valid and in full force and
277	effect.
278	2.  The TWIC was not received through the waiver process
279	for disqualifying criminal history allowed by federal law.
280	3.  He or she has not, in any jurisdiction, civilian or
281	military, been convicted of, entered a plea of guilty or nolo
282	contendere to, regardless of adjudication, or been found not
283	guilty by reason of insanity, of any disqualifying felony under
284	subsection (7) or any crime that includes the use or possession
285	of a firearm.
286	(b)  Upon submission of a completed affidavit as provided
287	in paragraph (a), the completion of the state criminal history
288	check as provided in subsection (7), and payment of all required
289	fees under subsection (5), a seaport may grant the person access
290	to secure or restricted areas of the port.
291	(c)  Any port granting a person access to secure or
292	restricted areas shall report the grant of access to the
293	Department of Law Enforcement for inclusion in the access
294	eligibility reporting system under subsection (5) within 3
295	business days.
296	(d)  The submission of false information on the affidavit
297	required by this section is a felony of the third degree,
298	punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
299	Upon conviction for a violation of this provision, the person
300	convicted forfeits all privilege of access to secure or
301	restricted areas of a seaport and is disqualified from future
302	approval for access to such areas.
303	(e)  Any affidavit form created for use under this
304	subsection must contain the following statement in conspicuous
305	type: "SUBMISSION OF FALSE INFORMATION ON THIS AFFIDAVIT IS A
306	FELONY UNDER FLORIDA LAW AND WILL, UPON CONVICTION, RESULT IN
307	DISQUALIFICATION FOR ACCESS TO A SECURE OR RESTRICTED AREA OF A
308	SEAPORT."
309	(f)  Upon each 5-year renewal of a person's TWIC, the
310	person must submit another affidavit as required by this
311	subsection.
312	(7)  CRIMINAL HISTORY SCREENING.-A fingerprint-based
313	criminal history check must be performed on employee applicants,
314	current employees, and other persons authorized to regularly
315	enter a secure or restricted area, or the entire seaport if the
316	seaport security plan does not designate one or more secure or
317	restricted areas.
318	(a)  A person is disqualified from employment or unescorted
319	access if the person:
320	1.  Was convicted of, or entered a plea of guilty or nolo
321	contendere to, regardless of adjudication, any of the offenses
322	listed in paragraph (b) in any jurisdiction, civilian or
323	military, including courts-martial conducted by the Armed Forces
324	of the United States, during the 7 years before the date of the
325	person's application for access; or
326	2.  Was released from incarceration, or any supervision
327	imposed as a result of sentencing, for committing any of the
328	disqualifying crimes listed in paragraph (b) in any
329	jurisdiction, civilian or military, during the 5 years before
330	the date of the person's application for access.
331	(b)  Disqualifying offenses include:
332	1.  An act of terrorism as defined in s. 775.30.
333	2.  A violation involving a weapon of mass destruction or a
334	hoax weapon of mass destruction as provided in s. 790.166.
335	3.  Planting of a hoax bomb as provided in s. 790.165.
336	4.  A violation of s. 876.02 or s. 876.36.
337	5.  A violation of s. 860.065.
338	6.  Trafficking as provided in s. 893.135.
339	7.  Racketeering activity as provided in s. 895.03.
340	8.  Dealing in stolen property as provided in s. 812.019.
341	9.  Money laundering as provided in s. 896.101.
342	10.  Criminal use of personal identification as provided in
343	s. 817.568.
344	11.  Bribery as provided in s. 838.015.
345	12.  A violation of s. 316.302, relating to the transport
346	of hazardous materials.
347	13.  A forcible felony as defined in s. 776.08.
348	14.  A violation of s. 790.07.
349	15.  Any crime that includes the use or possession of a
350	firearm.
351	16.  A felony violation for theft as provided in s.
352	812.014.
353	17.  Robbery as provided in s. 812.13.
354	18.  Burglary as provided in s. 810.02.
355	19.  Any violation involving the sale, manufacture,
356	delivery, or possession with intent to sell, manufacture, or
357	deliver a controlled substance.
358	20.  Any offense under the laws of another jurisdiction
359	that is similar to an offense listed in this paragraph.
360	21.  Conspiracy or attempt to commit any of the offenses
361	listed in this paragraph.
362	(c)  Each individual who is subject to a criminal history
363	check shall file a complete set of fingerprints taken in a
364	manner acceptable to the Department of Law Enforcement for state
365	processing. The results of the criminal history check must be
366	reported to the requesting seaport and may be shared among
367	seaports.
368	(d)  All fingerprints submitted to the Department of Law
369	Enforcement shall be retained by the department and entered into
370	the statewide automated fingerprint identification system
371	established in s. 943.05(2)(b) and available for use in
372	accordance with s. 943.05(2)(g) and (h). An arrest record that
373	is identified with the retained fingerprints of a person subject
374	to the screening shall be reported to the seaport where the
375	person has been granted access to a secure or restricted area.
376	If the fingerprints of a person who has been granted access were
377	not retained, or are otherwise not suitable for use by the
378	department, the person must be refingerprinted in a manner that
379	allows the department to perform its functions as provided in
380	this section.
381	(e)  The Department of Law Enforcement shall establish a
382	waiver process for a person who does not have a TWIC, obtained a
383	TWIC though a federal waiver process, or is found to be
384	unqualified under paragraph (a) and denied employment by a
385	seaport or unescorted access to secure or restricted areas. If
386	the person does not have a TWIC and a federal criminal history
387	record check is required, the Department of Law Enforcement may
388	forward the person's fingerprints to the Federal Bureau of
389	Investigation for a national criminal history record check. The
390	cost of the national check must be paid by the seaport, which
391	may collect it as reimbursement from the person.
392	1.  Consideration for a waiver shall be based on the
393	circumstances of any disqualifying act or offense, restitution
394	made by the individual, and other factors from which it may be
395	determined that the individual does not pose a risk of engaging
396	in any act within the public seaports regulated under this
397	chapter that would pose a risk to or threaten the security of
398	the seaport and the public's health, safety, or welfare.
399	2.  The waiver process begins when an individual who has
400	been denied initial employment within or denied unescorted
401	access to secure or restricted areas of a public seaport submits
402	an application for a waiver and a notarized letter or affidavit
403	from the individual's employer or union representative which
404	states the mitigating reasons for initiating the waiver process.
405	3.  Within 90 days after receipt of the application, the
406	administrative staff of the Parole Commission shall conduct a
407	factual review of the waiver application. Findings of fact shall
408	be transmitted to the department for review. The department
409	shall make a copy of those findings available to the applicant
410	before final disposition of the waiver request.
411	4.  The department shall make a final disposition of the
412	waiver request based on the factual findings of the
413	investigation by the Parole Commission. The department shall
414	notify the waiver applicant of the final disposition of the
415	waiver.
416	5.  The review process under this paragraph is exempt from
417	chapter 120.
418	6.  By October 1 of each year, each seaport shall report to
419	the department each instance of denial of employment within, or
420	access to, secure or restricted areas, and each instance waiving
421	a denial occurring during the last 12 months. The report must
422	include the identity of the individual affected, the factors
423	supporting the denial or waiver, and any other material factors
424	used to make the determination.
425	(f)  In addition to the waiver procedure established by the
426	Department of Law Enforcement under paragraph (e), each seaport
427	security plan may establish a procedure to appeal a denial of
428	employment or access based upon procedural inaccuracies or
429	discrepancies regarding criminal history factors established
430	pursuant to this subsection.
431	(g)  Each seaport may allow immediate waivers on a
432	temporary basis to meet special or emergency needs of the
433	seaport or its users. Policies, procedures, and criteria for
434	implementation of this paragraph must be included in the seaport
435	security plan. All waivers granted by the seaports pursuant to
436	this paragraph must be reported to the department within 30 days
437	after issuance.
438	(8)  WAIVER FROM SECURITY REQUIREMENTS.-The Office of Drug
439	Control and the Department of Law Enforcement may modify or
440	waive any physical facility requirement or other requirement
441	contained in the minimum security standards upon a determination
442	that the purposes of the standards have been reasonably met or
443	exceeded by the seaport requesting the modification or waiver.
444	An alternate means of compliance must not diminish the safety or
445	security of the seaport and must be verified through an
446	extensive risk analysis conducted by the seaport director.
447	(a)  Waiver requests shall be submitted in writing, along
448	with supporting documentation, to the Office of Drug Control and
449	the Department of Law Enforcement. The office and the department
450	have 90 days to jointly grant or reject the waiver, in whole or
451	in part.
452	(b)  The seaport may submit any waivers that are not
453	granted or are jointly rejected to the Domestic Security
454	Oversight Council for review within 90 days. The council shall
455	recommend that the Office of Drug Control and the Department of
456	Law Enforcement grant the waiver or reject the waiver, in whole
457	or in part. The office and the department shall give great
458	weight to the council's recommendations.
459	(c)  A request seeking a waiver from the seaport law
460	enforcement personnel standards established under s. 311.122(3)
461	may not be granted for percentages below 10 percent.
462	(d)  Any modifications or waivers granted under this
463	subsection shall be noted in the annual report submitted by the
464	Department of Law Enforcement pursuant to subsection (10).
465	(9)  INSPECTIONS.-It is the intent of the Legislature that
466	the state's seaports adhere to security practices that are
467	consistent with the risks assigned to each seaport through the
468	ongoing risk assessment process established in paragraph (3)(a).
469	(a)  The Department of Law Enforcement, or any entity
470	designated by the department, shall conduct at least one annual
471	unannounced inspection of each seaport to determine whether the
472	seaport is meeting the minimum security standards established
473	pursuant to subsection (1) and to identify seaport security
474	changes or improvements needed or otherwise recommended.
475	(b)  The Department of Law Enforcement, or any entity
476	designated by the department, may conduct additional announced
477	or unannounced inspections or operations within or affecting any
478	seaport to test compliance with, or the effectiveness of,
479	security plans and operations at each seaport, to determine
480	compliance with physical facility requirements and standards, or
481	to assist the department in identifying changes or improvements
482	needed to bring a seaport into compliance with minimum security
483	standards.
484	(c)  Within 30 days after completing the inspection report,
485	the department shall submit a copy of the report to the Domestic
486	Security Oversight Council.
487	(d)  A seaport may request that the Domestic Security
488	Oversight Council review the findings in the department's report
489	as they relate to the requirements of this section. The council
490	may review only those findings that are in dispute by the
491	seaport. In reviewing the disputed findings, the council may
492	concur in the findings of the department or the seaport or may
493	recommend corrective action to the seaport. The department and
494	the seaport shall give great weight to the council's findings
495	and recommendations.
496	(e)  All seaports shall allow the Department of Law
497	Enforcement, or an entity designated by the department,
498	unimpeded access to affected areas and facilities for the
499	purpose of plan or compliance inspections or other operations
500	authorized by this section.
501	(10)  REPORTS.-The Department of Law Enforcement, in
502	consultation with the Office of Drug Control, shall annually
503	complete a report indicating the observations and findings of
504	all reviews, inspections, or other operations relating to the
505	seaports conducted during the year and any recommendations
506	resulting from such reviews, inspections, and operations. A copy
507	of the report shall be provided to the Governor, the President
508	of the Senate, the Speaker of the House of Representatives, the
509	governing body of each seaport or seaport authority, and each
510	seaport director. The report must include each director's
511	response indicating what actions, if any, have been taken or are
512	planned to be taken pursuant to the observations, findings, and
513	recommendations reported by the department.
514	(11)  FUNDING.-
515	(a)  In making decisions regarding security projects or
516	other funding applicable to each seaport listed in s. 311.09,
517	the Legislature may consider the Department of Law Enforcement's
518	annual report under subsection (10) as authoritative, especially
519	regarding each seaport's degree of substantial compliance with
520	the minimum security standards established in subsection (1).
521	(b)  The Legislature shall regularly review the ongoing
522	costs of operational security on seaports, the impacts of this
523	section on those costs, mitigating factors that may reduce costs
524	without reducing security, and the methods by which seaports may
525	implement operational security using a combination of sworn law
526	enforcement officers and private security services.
527	(c)  Subject to the provisions of this chapter and
528	appropriations made for seaport security, state funds may not be
529	expended for security costs without certification of need for
530	such expenditures by the Office of Ports Administrator within
531	the Department of Law Enforcement.
532	(d)  If funds are appropriated for seaport security, the
533	Office of Drug Control, the Department of Law Enforcement, and
534	the Florida Seaport Transportation and Economic Development
535	Council shall mutually determine the allocation of such funds
536	for security project needs identified in the approved seaport
537	security plans. Any seaport that receives state funds for
538	security projects must enter into a joint participation
539	agreement with the appropriate state entity and use the seaport
540	security plan as the basis for the agreement.
541	1.  If funds are made available over more than 1 fiscal
542	year, the agreement must reflect the entire scope of the project
543	approved in the security plan and, as practicable, allow for
544	reimbursement for authorized projects over more than 1 year.
545	2.  The agreement may include specific timeframes for
546	completion of a security project and the applicable funding
547	reimbursement dates. The agreement may also require a
548	contractual penalty of up to $1,000 per day to be imposed for
549	failure to meet project completion dates if state funding is
550	available. Any such penalty shall be deposited into the State
551	Transportation Trust Fund and used for seaport security
552	operations and capital improvements.
553	Section 2.  Subsection (2) of section 311.121, Florida
554	Statutes, is amended to read:
555	311.121  Qualifications, training, and certification of
556	licensed security officers at Florida seaports.-
557	(2)  The authority or governing board of each seaport
558	identified under s. 311.09 that is subject to the statewide
559	minimum seaport security standards referenced established in s.
560	311.12 shall require that a candidate for certification as a
561	seaport security officer:
562	(a)  Has received a Class D license as a security officer
563	under chapter 493.
564	(b)  Has successfully completed the certified training
565	curriculum for a Class D license or has been determined by the
566	Department of Agriculture and Consumer Services to have
567	equivalent experience as established by rule of the department.
568	(c)  Has completed the training or training equivalency and
569	testing process established by this section for becoming a
570	certified seaport security officer.
571	Section 3.  Subsection (1) of section 311.123, Florida
572	Statutes, is amended to read:
573	311.123  Maritime domain security awareness training
574	program.-
575	(1)  The Florida Seaport Transportation and Economic
576	Development Council, in conjunction with the Department of Law
577	Enforcement and the Office of Drug Control within the Executive
578	Office of the Governor, shall create a maritime domain security
579	awareness training program to instruct all personnel employed
580	within a seaport's boundaries about the security procedures
581	required of them for implementation of the seaport security plan
582	required under s. 311.12(2)(3).
583	Section 4.  Subsection (1) of section 311.124, Florida
584	Statutes, is amended to read:
585	311.124  Trespassing; detention by a certified seaport
586	security officer.-
587	(1)  Any Class D or Class G seaport security officer
588	certified under the federal Maritime Transportation Security Act
589	of 2002 guidelines and s. 311.121 or any employee of the seaport
590	security force certified under the federal Maritime
591	Transportation Security Act of 2002 guidelines and s. 311.121
592	who has probable cause to believe that a person is trespassing
593	pursuant to s. 810.08 or s. 810.09 or this chapter in a
594	designated secure or restricted area pursuant to s. 311.12(3)(4)
595	is authorized to detain such person in a reasonable manner for a
596	reasonable period of time pending the arrival of a law
597	enforcement officer, and such action does not render the
598	security officer criminally or civilly liable for false arrest,
599	false imprisonment, or unlawful detention.
600	Section 5.  Section 311.115, Florida Statutes, is repealed.
601	Section 6.  Subsection (4) of section 310.002, Florida
602	Statutes, is amended to read:
603	310.002  Definitions.-As used in this chapter, except where
604	the context clearly indicates otherwise:
605	(4)  "Port" means any place in the state into which vessels
606	enter or depart and includes, without limitation, Fernandina,
607	Nassau Inlet, Jacksonville, St. Augustine, Canaveral, Port
608	Citrus, Ft. Pierce, Palm Beach, Port Everglades, Miami, Key
609	West, Boca Grande, Charlotte Harbor, Punta Gorda, Tampa, Port
610	Tampa, Port Manatee, St. Petersburg, Clearwater, Apalachicola,
611	Carrabelle, Panama City, Port St. Joe, and Pensacola.
612	Section 7.  Subsection (1) of section 311.09, Florida
613	Statutes, is amended to read:
614	311.09  Florida Seaport Transportation and Economic
615	Development Council.-
616	(1)  The Florida Seaport Transportation and Economic
617	Development Council is created within the Department of
618	Transportation. The council consists of the following 18 17
619	members: the port director, or the port director's designee, of
620	each of the ports of Jacksonville, Port Canaveral, Port Citrus,
621	Fort Pierce, Palm Beach, Port Everglades, Miami, Port Manatee,
622	St. Petersburg, Tampa, Port St. Joe, Panama City, Pensacola, Key
623	West, and Fernandina; the secretary of the Department of
624	Transportation or his or her designee; the director of the
625	Office of Tourism, Trade, and Economic Development or his or her
626	designee; and the secretary of the Department of Community
627	Affairs or his or her designee.
628	Section 8.  Paragraph (c) of subsection (1) of section
629	374.976, Florida Statutes, is amended to read:
630	374.976  Authority to address impacts of waterway
631	development projects.-
632	(1)  Each inland navigation district is empowered and
633	authorized to undertake programs intended to alleviate the
634	problems associated with its waterway or waterways, including,
635	but not limited to, the following:
636	(c)  The district is authorized to aid and cooperate with
637	the Federal Government; state; member counties; nonmember
638	counties that contain any part of the intracoastal waterway
639	within their boundaries; navigation districts; the seaports of
640	Jacksonville, Port Canaveral, Port Citrus, Fort Pierce, Palm
641	Beach, Port Everglades, Miami, Port Manatee, St. Petersburg,
642	Tampa, Port St. Joe, Panama City, Pensacola, Key West, and
643	Fernandina; and local governments within the district in
644	planning and carrying out public navigation, local and regional
645	anchorage management, beach renourishment, public recreation,
646	inlet management, environmental education, and boating safety
647	projects, directly related to the waterways. The district is
648	also authorized to enter into cooperative agreements with the
649	United States Army Corps of Engineers, state, and member
650	counties, and to covenant in any such cooperative agreement to
651	pay part of the costs of acquisition, planning, development,
652	construction, reconstruction, extension, improvement, operation,
653	and maintenance of such projects.
654	Section 9.  Paragraph (b) of subsection (9) of section
655	403.021, Florida Statutes, is amended to read:
656	403.021  Legislative declaration; public policy.-
657	(9)
658	(b)  The provisions of paragraph (a) apply only to the port
659	waters, dredged-material management sites, port harbors,
660	navigation channels, turning basins, and harbor berths used for
661	deepwater commercial navigation in the ports of Jacksonville,
662	Tampa, Port Everglades, Miami, Port Canaveral, Port Citrus, Ft.
663	Pierce, Palm Beach, Port Manatee, Port St. Joe, Panama City, St.
664	Petersburg, Pensacola, Fernandina, and Key West.
665	Section 10.  Paragraph (b) of subsection (26) of section
666	403.061, Florida Statutes, is amended to read:
667	403.061  Department; powers and duties.-The department
668	shall have the power and the duty to control and prohibit
669	pollution of air and water in accordance with the law and rules
670	adopted and promulgated by it and, for this purpose, to:
671	(26)
672	(b)  The provisions of paragraph (a) apply only to the port
673	waters, spoil disposal sites, port harbors, navigation channels,
674	turning basins, and harbor berths used for deepwater commercial
675	navigation in the ports of Jacksonville, Tampa, Port Everglades,
676	Miami, Port Canaveral, Port Citrus, Ft. Pierce, Palm Beach, Port
677	Manatee, Port St. Joe, Panama City, St. Petersburg, Port Bartow,
678	Florida Power Corporation's Crystal River Canal, Boca Grande,
679	Green Cove Springs, and Pensacola.
680
681	The department shall implement such programs in conjunction with
682	its other powers and duties and shall place special emphasis on
683	reducing and eliminating contamination that presents a threat to
684	humans, animals or plants, or to the environment.
685	Section 11.  Subsection (3) of section 403.813, Florida
686	Statutes, is amended to read:
687	403.813  Permits issued at district centers; exceptions.-
688	(3)  For maintenance dredging conducted under this section
689	by the seaports of Jacksonville, Port Canaveral, Port Citrus,
690	Fort Pierce, Palm Beach, Port Everglades, Miami, Port Manatee,
691	St. Petersburg, Tampa, Port St. Joe, Panama City, Pensacola, Key
692	West, and Fernandina or by inland navigation districts:
693	(a)  A mixing zone for turbidity is granted within a 150-
694	meter radius from the point of dredging while dredging is
695	ongoing, except that the mixing zone may not extend into areas
696	supporting wetland communities, submerged aquatic vegetation, or
697	hardbottom communities.
698	(b)  The discharge of the return water from the site used
699	for the disposal of dredged material shall be allowed only if
700	such discharge does not result in a violation of water quality
701	standards in the receiving waters. The return-water discharge
702	into receiving waters shall be granted a mixing zone for
703	turbidity within a 150-meter radius from the point of discharge
704	during and immediately after the dredging, except that the
705	mixing zone may not extend into areas supporting wetland
706	communities, submerged aquatic vegetation, or hardbottom
707	communities.
708	(c)  The state may not exact a charge for material that
709	this subsection allows a public port or an inland navigation
710	district to remove.
711	(d)  The use of flocculants at the site used for disposal
712	of the dredged material is allowed if the use, including
713	supporting documentation, is coordinated in advance with the
714	department and the department has determined that the use is not
715	harmful to water resources.
716	(e)  This subsection does not prohibit maintenance dredging
717	of areas where the loss of original design function and
718	constructed configuration has been caused by a storm event,
719	provided that the dredging is performed as soon as practical
720	after the storm event. Maintenance dredging that commences
721	within 3 years after the storm event shall be presumed to
722	satisfy this provision. If more than 3 years are needed to
723	commence the maintenance dredging after the storm event, a
724	request for a specific time extension to perform the maintenance
725	dredging shall be submitted to the department, prior to the end
726	of the 3-year period, accompanied by a statement, including
727	supporting documentation, demonstrating that contractors are not
728	available or that additional time is needed to obtain
729	authorization for the maintenance dredging from the United
730	States Army Corps of Engineers.
731	Section 12.  Subsection (3) of section 403.816, Florida
732	Statutes, is amended to read:
733	403.816  Permits for maintenance dredging of deepwater
734	ports and beach restoration projects.-
735	(3)  The provisions of this section relating to ports apply
736	only to the port waters, spoil disposal sites, port harbors,
737	navigation channels, turning basins, and harbor berths used for
738	deepwater commercial navigation in the ports of Jacksonville,
739	Tampa, Port Everglades, Miami, Port Canaveral, Port Citrus, Ft.
740	Pierce, Palm Beach, Port Manatee, Port St. Joe, Panama City, St.
741	Petersburg, Port Bartow, Florida Power Corporation's Crystal
742	River Canal, Boca Grande, Green Cove Springs, and Pensacola.
743	Section 13.  This act shall take effect upon becoming a
744	law.

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