Bill Text: FL S0524 | 2011 | Regular Session | Comm Sub
Bill Title: Seaports
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2011-05-02 - Read 2nd time -SJ 629 [S0524 Detail]
Download: Florida-2011-S0524-Comm_Sub.html
Florida Senate - 2011 CS for SB 524
By the Committee on Transportation; and Senators Latvala, Hill,
Garcia, Joyner, Ring, Storms, Gaetz, Bennett, and Jones
596-02582-11 2011524c1
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
6 exempt all or part of a seaport from specified
7 requirements in certain circumstances; revising
8 provisions relating to seaport security plans;
9 revising requirements for certain secure or restricted
10 areas; removing the Department of Law Enforcement and
11 seaport security directors as entities authorized to
12 designate a high terrorist threat level; deleting
13 provisions requiring that the Department of Law
14 Enforcement administer a statewide seaport access
15 eligibility reporting system; deleting provisions
16 requiring that persons seeking authorization to access
17 secure and restricted areas of a seaport execute an
18 affidavit; prohibiting a seaport from charging any fee
19 for administration or production of access control
20 credentials that require or are associated with a
21 fingerprint-based background check, in addition to the
22 fee for the federal TWIC; providing for issuance of
23 seaport-specific access credentials; deleting
24 provisions requiring fingerprint-based state criminal
25 history checks on seaport employee applicants, current
26 employees, and other authorized persons; deleting
27 provisions authorizing waivers from security
28 requirements in certain circumstances; revising
29 provisions relating to inspections; revising reporting
30 requirements; revising the parties that determine the
31 allocation of appropriated funds for security project
32 needs; amending ss. 311.121, 311.123, and 311.124,
33 F.S.; conforming provisions to changes made by the
34 act; repealing s. 311.115, F.S., relating to the
35 Seaport Security Standards Advisory Council; amending
36 s. 310.002, F.S.; redefining the term “port” to
37 include Port Citrus; amending s. 311.09, F.S.;
38 including a representative of Port Citrus as a member
39 of the Florida Seaport Transportation and Economic
40 Development Council; amending s. 374.976, F.S.;
41 conforming provisions to include Port Citrus in
42 provisions relating to the authority of inland
43 navigation districts; amending s. 403.021, F.S.;
44 conforming provisions to include Port Citrus in
45 legislative declarations relating to environmental
46 control; amending s. 403.061, F.S.; conforming
47 provisions to include Port Citrus in provisions
48 relating to powers of the Department of Environmental
49 Protection; amending s. 403.813, F.S.; conforming
50 provisions to include Port Citrus in provisions
51 relating to permits issued at Department of
52 Environmental Protection district centers; amending s.
53 403.816, F.S.; conforming provisions to include Port
54 Citrus in provisions relating to certain maintenance
55 projects at deepwater ports and beach restoration
56 projects; providing an effective date.
57
58 Be It Enacted by the Legislature of the State of Florida:
59
60 Section 1. 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 exempt
84 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 seaport
187 when a person’s authorization to enter a secure or restricted
188 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 a
206 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 for
281 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 in
289 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 person
312 must submit another affidavit as required by this subsection.
313 (7) CRIMINAL HISTORY SCREENING.—A fingerprint-based
314 criminal history check must be performed on employee applicants,
315 current employees, and other persons authorized to regularly
316 enter a secure or restricted area, or the entire seaport if the
317 seaport security plan does not designate one or more secure or
318 restricted areas.
319 (a) A person is disqualified from employment or unescorted
320 access if the person:
321 1. Was convicted of, or entered a plea of guilty or nolo
322 contendere to, regardless of adjudication, any of the offenses
323 listed in paragraph (b) in any jurisdiction, civilian or
324 military, including courts-martial conducted by the Armed Forces
325 of the United States, during the 7 years before the date of the
326 person’s application for access; or
327 2. Was released from incarceration, or any supervision
328 imposed as a result of sentencing, for committing any of the
329 disqualifying crimes listed in paragraph (b) in any
330 jurisdiction, civilian or military, during the 5 years before
331 the date of the person’s application for access.
332 (b) Disqualifying offenses include:
333 1. An act of terrorism as defined in s. 775.30.
334 2. A violation involving a weapon of mass destruction or a
335 hoax weapon of mass destruction as provided in s. 790.166.
336 3. Planting of a hoax bomb as provided in s. 790.165.
337 4. A violation of s. 876.02 or s. 876.36.
338 5. A violation of s. 860.065.
339 6. Trafficking as provided in s. 893.135.
340 7. Racketeering activity as provided in s. 895.03.
341 8. Dealing in stolen property as provided in s. 812.019.
342 9. Money laundering as provided in s. 896.101.
343 10. Criminal use of personal identification as provided in
344 s. 817.568.
345 11. Bribery as provided in s. 838.015.
346 12. A violation of s. 316.302, relating to the transport of
347 hazardous materials.
348 13. A forcible felony as defined in s. 776.08.
349 14. A violation of s. 790.07.
350 15. Any crime that includes the use or possession of a
351 firearm.
352 16. A felony violation for theft as provided in s. 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 that
359 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 temporary
432 basis to meet special or emergency needs of the seaport or its
433 users. Policies, procedures, and criteria for implementation of
434 this paragraph must be included in the seaport security plan.
435 All waivers granted by the seaports pursuant to this paragraph
436 must be reported to the department within 30 days after
437 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 granted
453 or are jointly rejected to the Domestic Security Oversight
454 Council for review within 90 days. The council shall recommend
455 that the Office of Drug Control and the Department of Law
456 Enforcement grant the waiver or reject the waiver, in whole or
457 in part. The office and the department shall give great weight
458 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 (5)(9) INSPECTIONS.—It is the intent of the Legislature
466 that 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 subsection (2)
469 paragraph (3)(a).
470 (a) The Department of Law Enforcement, or any entity
471 designated by the department, may shall conduct at least one
472 annual unannounced inspections inspection of each seaport to
473 determine whether the seaport is meeting the requirements under
474 33 C.F.R. s. 105.305 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 (6)(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 (7)(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 (6) (10) as authoritative,
521 especially regarding each seaport’s degree of substantial
522 compliance with the minimum security standards established in
523 subsection (1).
524 (b) The Legislature shall regularly review the ongoing
525 costs of operational security on seaports, the impacts of this
526 section on those costs, mitigating factors that may reduce costs
527 without reducing security, and the methods by which seaports may
528 implement operational security using a combination of sworn law
529 enforcement officers and private security services.
530 (c) Subject to the provisions of this chapter and
531 appropriations made for seaport security, state funds may not be
532 expended for security costs without certification of need for
533 such expenditures by the Office of Ports Administrator within
534 the Department of Law Enforcement.
535 (d) If funds are appropriated for seaport security, the
536 Office of Drug Control, the Department of Law Enforcement, and
537 the Florida Seaport Transportation and Economic Development
538 Council shall mutually determine the allocation of such funds
539 for security project needs identified in the approved seaport
540 security plans. Any seaport that receives state funds for
541 security projects must enter into a joint participation
542 agreement with the appropriate state entity and use the seaport
543 security plan as the basis for the agreement.
544 1. If funds are made available over more than 1 fiscal
545 year, the agreement must reflect the entire scope of the project
546 approved in the security plan and, as practicable, allow for
547 reimbursement for authorized projects over more than 1 year.
548 2. The agreement may include specific timeframes for
549 completion of a security project and the applicable funding
550 reimbursement dates. The agreement may also require a
551 contractual penalty of up to $1,000 per day to be imposed for
552 failure to meet project completion dates if state funding is
553 available. Any such penalty shall be deposited into the State
554 Transportation Trust Fund and used for seaport security
555 operations and capital improvements.
556 Section 2. Subsection (2) of section 311.121, Florida
557 Statutes, is amended to read:
558 311.121 Qualifications, training, and certification of
559 licensed security officers at Florida seaports.—
560 (2) The authority or governing board of each seaport
561 identified under s. 311.09 that is subject to the statewide
562 minimum seaport security standards referenced established in s.
563 311.12 shall require that a candidate for certification as a
564 seaport security officer:
565 (a) Has received a Class D license as a security officer
566 under chapter 493.
567 (b) Has successfully completed the certified training
568 curriculum for a Class D license or has been determined by the
569 Department of Agriculture and Consumer Services to have
570 equivalent experience as established by rule of the department.
571 (c) Has completed the training or training equivalency and
572 testing process established by this section for becoming a
573 certified seaport security officer.
574 Section 3. Subsection (1) of section 311.123, Florida
575 Statutes, is amended to read:
576 311.123 Maritime domain security awareness training
577 program.—
578 (1) The Florida Seaport Transportation and Economic
579 Development Council, in conjunction with the Department of Law
580 Enforcement and the Office of Drug Control within the Executive
581 Office of the Governor, shall create a maritime domain security
582 awareness training program to instruct all personnel employed
583 within a seaport’s boundaries about the security procedures
584 required of them for implementation of the seaport security plan
585 required under s. 311.12(2)(3).
586 Section 4. Subsection (1) of section 311.124, Florida
587 Statutes, is amended to read:
588 311.124 Trespassing; detention by a certified seaport
589 security officer.—
590 (1) Any Class D or Class G seaport security officer
591 certified under the federal Maritime Transportation Security Act
592 of 2002 guidelines and s. 311.121 or any employee of the seaport
593 security force certified under the federal Maritime
594 Transportation Security Act of 2002 guidelines and s. 311.121
595 who has probable cause to believe that a person is trespassing
596 pursuant to s. 810.08 or s. 810.09 or this chapter in a
597 designated secure or restricted area pursuant to s. 311.12(3)(4)
598 is authorized to detain such person in a reasonable manner for a
599 reasonable period of time pending the arrival of a law
600 enforcement officer, and such action does not render the
601 security officer criminally or civilly liable for false arrest,
602 false imprisonment, or unlawful detention.
603 Section 5. Section 311.115, Florida Statutes, is repealed.
604 Section 6. Subsection (4) of section 310.002, Florida
605 Statutes, is amended to read:
606 310.002 Definitions.—As used in this chapter, except where
607 the context clearly indicates otherwise:
608 (4) “Port” means any place in the state into which vessels
609 enter or depart and includes, without limitation, Fernandina,
610 Nassau Inlet, Jacksonville, St. Augustine, Canaveral, Port
611 Citrus, Ft. Pierce, Palm Beach, Port Everglades, Miami, Key
612 West, Boca Grande, Charlotte Harbor, Punta Gorda, Tampa, Port
613 Tampa, Port Manatee, St. Petersburg, Clearwater, Apalachicola,
614 Carrabelle, Panama City, Port St. Joe, and Pensacola.
615 Section 7. Subsection (1) of section 311.09, Florida
616 Statutes, is amended to read:
617 311.09 Florida Seaport Transportation and Economic
618 Development Council.—
619 (1) The Florida Seaport Transportation and Economic
620 Development Council is created within the Department of
621 Transportation. The council consists of the following 18 17
622 members: the port director, or the port director’s designee, of
623 each of the ports of Jacksonville, Port Canaveral, Port Citrus,
624 Fort Pierce, Palm Beach, Port Everglades, Miami, Port Manatee,
625 St. Petersburg, Tampa, Port St. Joe, Panama City, Pensacola, Key
626 West, and Fernandina; the secretary of the Department of
627 Transportation or his or her designee; the director of the
628 Office of Tourism, Trade, and Economic Development or his or her
629 designee; and the secretary of the Department of Community
630 Affairs or his or her designee.
631 Section 8. Paragraph (c) of subsection (1) of section
632 374.976, Florida Statutes, is amended to read:
633 374.976 Authority to address impacts of waterway
634 development projects.—
635 (1) Each inland navigation district is empowered and
636 authorized to undertake programs intended to alleviate the
637 problems associated with its waterway or waterways, including,
638 but not limited to, the following:
639 (c) The district is authorized to aid and cooperate with
640 the Federal Government; state; member counties; nonmember
641 counties that contain any part of the intracoastal waterway
642 within their boundaries; navigation districts; the seaports of
643 Jacksonville, Port Canaveral, Port Citrus, Fort Pierce, Palm
644 Beach, Port Everglades, Miami, Port Manatee, St. Petersburg,
645 Tampa, Port St. Joe, Panama City, Pensacola, Key West, and
646 Fernandina; and local governments within the district in
647 planning and carrying out public navigation, local and regional
648 anchorage management, beach renourishment, public recreation,
649 inlet management, environmental education, and boating safety
650 projects, directly related to the waterways. The district is
651 also authorized to enter into cooperative agreements with the
652 United States Army Corps of Engineers, state, and member
653 counties, and to covenant in any such cooperative agreement to
654 pay part of the costs of acquisition, planning, development,
655 construction, reconstruction, extension, improvement, operation,
656 and maintenance of such projects.
657 Section 9. Subsection (9) of section 403.021, Florida
658 Statutes, is amended to read:
659 403.021 Legislative declaration; public policy.—
660 (9)(a) The Legislature finds and declares that it is
661 essential to preserve and maintain authorized water depth in the
662 existing navigation channels, port harbors, turning basins, and
663 harbor berths of this state in order to provide for the
664 continued safe navigation of deepwater shipping commerce. The
665 department shall recognize that maintenance of authorized water
666 depths consistent with port master plans developed pursuant to
667 s. 163.3178(2)(k) is an ongoing, continuous, beneficial, and
668 necessary activity that is in the public interest; and it shall
669 develop a regulatory process that shall enable the ports of this
670 state to conduct such activities in an environmentally sound,
671 safe, expeditious, and cost-efficient manner. It is the further
672 intent of the Legislature that the permitting and enforcement of
673 dredging, dredged-material management, and other related
674 activities for Florida’s deepwater ports pursuant to this
675 chapter and chapters 161, 253, and 373 shall be consolidated
676 within the department’s Division of Water Resource Management
677 and, with the concurrence of the affected deepwater port or
678 ports, may be administered by a district office of the
679 department or delegated to an approved local environmental
680 program.
681 (b) The provisions of paragraph (a) apply only to the port
682 waters, dredged-material management sites, port harbors,
683 navigation channels, turning basins, and harbor berths used for
684 deepwater commercial navigation in the ports of Jacksonville,
685 Tampa, Port Everglades, Miami, Port Canaveral, Port Citrus, Ft.
686 Pierce, Palm Beach, Port Manatee, Port St. Joe, Panama City, St.
687 Petersburg, Pensacola, Fernandina, and Key West.
688 Section 10. Subsection (26) of section 403.061, Florida
689 Statutes, is amended to read:
690 403.061 Department; powers and duties.—The department shall
691 have the power and the duty to control and prohibit pollution of
692 air and water in accordance with the law and rules adopted and
693 promulgated by it and, for this purpose, to:
694 (26)(a) Develop standards and criteria for waters used for
695 deepwater shipping which standards and criteria consider
696 existing water quality; appropriate mixing zones and other
697 requirements for maintenance dredging in previously constructed
698 deepwater navigation channels, port harbors, turning basins, or
699 harbor berths; and appropriate mixing zones for disposal of
700 spoil material from dredging and, where necessary, develop a
701 separate classification for such waters. Such classification,
702 standards, and criteria shall recognize that the present
703 dedicated use of these waters is for deepwater commercial
704 navigation.
705 (b) The provisions of paragraph (a) apply only to the port
706 waters, spoil disposal sites, port harbors, navigation channels,
707 turning basins, and harbor berths used for deepwater commercial
708 navigation in the ports of Jacksonville, Tampa, Port Everglades,
709 Miami, Port Canaveral, Port Citrus, Ft. Pierce, Palm Beach, Port
710 Manatee, Port St. Joe, Panama City, St. Petersburg, Port Bartow,
711 Florida Power Corporation’s Crystal River Canal, Boca Grande,
712 Green Cove Springs, and Pensacola.
713
714 The department shall implement such programs in conjunction with
715 its other powers and duties and shall place special emphasis on
716 reducing and eliminating contamination that presents a threat to
717 humans, animals or plants, or to the environment.
718 Section 11. Subsection (3) of section 403.813, Florida
719 Statutes, is amended to read:
720 403.813 Permits issued at district centers; exceptions.—
721 (3) For maintenance dredging conducted under this section
722 by the seaports of Jacksonville, Port Canaveral, Port Citrus,
723 Fort Pierce, Palm Beach, Port Everglades, Miami, Port Manatee,
724 St. Petersburg, Tampa, Port St. Joe, Panama City, Pensacola, Key
725 West, and Fernandina or by inland navigation districts:
726 (a) A mixing zone for turbidity is granted within a 150
727 meter radius from the point of dredging while dredging is
728 ongoing, except that the mixing zone may not extend into areas
729 supporting wetland communities, submerged aquatic vegetation, or
730 hardbottom communities.
731 (b) The discharge of the return water from the site used
732 for the disposal of dredged material shall be allowed only if
733 such discharge does not result in a violation of water quality
734 standards in the receiving waters. The return-water discharge
735 into receiving waters shall be granted a mixing zone for
736 turbidity within a 150-meter radius from the point of discharge
737 during and immediately after the dredging, except that the
738 mixing zone may not extend into areas supporting wetland
739 communities, submerged aquatic vegetation, or hardbottom
740 communities.
741 (c) The state may not exact a charge for material that this
742 subsection allows a public port or an inland navigation district
743 to remove.
744 (d) The use of flocculants at the site used for disposal of
745 the dredged material is allowed if the use, including supporting
746 documentation, is coordinated in advance with the department and
747 the department has determined that the use is not harmful to
748 water resources.
749 (e) This subsection does not prohibit maintenance dredging
750 of areas where the loss of original design function and
751 constructed configuration has been caused by a storm event,
752 provided that the dredging is performed as soon as practical
753 after the storm event. Maintenance dredging that commences
754 within 3 years after the storm event shall be presumed to
755 satisfy this provision. If more than 3 years are needed to
756 commence the maintenance dredging after the storm event, a
757 request for a specific time extension to perform the maintenance
758 dredging shall be submitted to the department, prior to the end
759 of the 3-year period, accompanied by a statement, including
760 supporting documentation, demonstrating that contractors are not
761 available or that additional time is needed to obtain
762 authorization for the maintenance dredging from the United
763 States Army Corps of Engineers.
764 Section 12. Section 403.816, Florida Statutes, is amended
765 to read:
766 403.816 Permits for maintenance dredging of deepwater ports
767 and beach restoration projects.—
768 (1) The department shall establish a permit system under
769 this chapter and chapter 253 which provides for the performance,
770 for up to 25 years from the issuance of the original permit, of
771 maintenance dredging of permitted navigation channels, port
772 harbors, turning basins, harbor berths, and beach restoration
773 projects approved pursuant to chapter 161. However, permits
774 issued for dredging river channels which are not a part of a
775 deepwater port shall be valid for no more than five years. No
776 charge shall be exacted by the state for material removed during
777 such maintenance dredging by a public port authority.
778 (2) The provisions of s. 253.77 do not apply to a permit
779 for maintenance dredging and spoil site approval when there is
780 no change in the size or location of the spoil disposal site and
781 when the applicant provides documentation to the department that
782 the appropriate lease, easement, or consent of use for the
783 project site issued pursuant to chapter 253 is recorded in the
784 county where the project is located.
785 (3) The provisions of this section relating to ports apply
786 only to the port waters, spoil disposal sites, port harbors,
787 navigation channels, turning basins, and harbor berths used for
788 deepwater commercial navigation in the ports of Jacksonville,
789 Tampa, Port Everglades, Miami, Port Canaveral, Port Citrus, Ft.
790 Pierce, Palm Beach, Port Manatee, Port St. Joe, Panama City, St.
791 Petersburg, Port Bartow, Florida Power Corporation’s Crystal
792 River Canal, Boca Grande, Green Cove Springs, and Pensacola.
793 Section 13. This act shall take effect upon becoming a law.
