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

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-Comm_Sub.html

---

CS/CS/CS/CS/HB 283

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

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