Bill Text: FL S0524 | 2011 | Regular Session | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Seaports
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2011-05-02 - Read 2nd time -SJ 629 [S0524 Detail]
Download: Florida-2011-S0524-Introduced.html
Bill Title: Seaports
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2011-05-02 - Read 2nd time -SJ 629 [S0524 Detail]
Download: Florida-2011-S0524-Introduced.html
Florida Senate - 2011 SB 524
By Senator Latvala
16-00255A-11 2011524__
1 A bill to be entitled
2 An act relating to seaport security; amending s.
3 311.12, F.S.; deleting provisions relating to
4 statewide minimum standards for seaport security;
5 deleting provisions authorizing the Department of Law
6 Enforcement to exempt all or part of a seaport from
7 specified requirements in certain circumstances;
8 revising provisions relating to seaport security
9 plans; revising requirements for certain secure or
10 restricted areas; deleting provisions requiring that
11 the Department of Law Enforcement administer a
12 statewide seaport access eligibility reporting system;
13 deleting provisions requiring that persons seeking
14 authorization to access secure and restricted areas of
15 a seaport execute an affidavit; prohibiting a seaport
16 from charging any fee for administration or production
17 of access control credentials that require or are
18 associated with a fingerprint-based background check,
19 in addition to the fee for the federal TWIC; providing
20 for issuance of seaport-specific access credentials;
21 deleting provisions requiring fingerprint-based state
22 criminal history checks on seaport employee
23 applicants, current employees, and other authorized
24 persons; deleting provisions authorizing waivers from
25 security requirements in certain circumstances;
26 revising provisions relating to inspections; revising
27 reporting requirements; revising the parties that
28 determine the allocation of appropriated funds for
29 security project needs; amending ss. 311.121, 311.123,
30 and 311.124, F.S.; conforming provisions to changes
31 made by the act; repealing s. 311.115, F.S., relating
32 to the Seaport Security Standards Advisory Council;
33 providing an effective date.
34
35 Be It Enacted by the Legislature of the State of Florida:
36
37 Section 1. Section 311.12, Florida Statutes, is amended to
38 read:
39 311.12 Seaport security.—
40 (1) SECURITY STANDARDS.—
41 (a) The statewide minimum standards for seaport security
42 applicable to seaports listed in s. 311.09 shall be those based
43 on the Florida Seaport Security Assessment 2000 and set forth in
44 the Port Security Standards Compliance Plan delivered to the
45 Speaker of the House of Representatives and the President of the
46 Senate on December 11, 2000. The Office of Drug Control within
47 the Executive Office of the Governor shall maintain a sufficient
48 number of copies of the standards at its offices for
49 distribution to the public and provide copies to each affected
50 seaport upon request.
51 (a)(b) A seaport may implement security measures that are
52 more stringent, more extensive, or supplemental to the
53 applicable federal security regulations, including federal
54 facility security assessment requirements under 33 C.F.R. s.
55 105.305 minimum security standards established by this
56 subsection.
57 (b)(c) The provisions of s. 790.251 are not superseded,
58 preempted, or otherwise modified in any way by the provisions of
59 this section.
60 (2) EXEMPTION.—The Department of Law Enforcement may exempt
61 all or part of a seaport listed in s. 311.09 from the
62 requirements of this section if the department determines that
63 activity associated with the use of the seaport or part of the
64 seaport is not vulnerable to criminal activity or terrorism. The
65 department shall periodically review such exemptions to
66 determine if there is a change in use. Such change may warrant
67 removal of all or part of the exemption.
68 (2)(3) SECURITY PLAN.—
69 (a) Each seaport listed in s. 311.09 shall adopt and
70 maintain a security plan specific to that seaport which provides
71 for a secure seaport infrastructure that promotes the safety and
72 security of state residents and visitors and the flow of
73 legitimate trade and travel.
74 (b)(a) Each seaport Every 5 years after January 1, 2007,
75 each seaport director, with the assistance of the Regional
76 Domestic Security Task Force and in conjunction with the United
77 States Coast Guard, shall periodically revise the seaport’s
78 security plan based on the seaport’s director’s ongoing
79 assessment of security risks, the risks of terrorist activities,
80 and the specific and identifiable needs of the seaport for
81 ensuring that the seaport is in substantial compliance with
82 applicable federal security regulations, including federal
83 facility security assessment requirements under 33 C.F.R. s.
84 105.305 the minimum security standards established under
85 subsection (1).
86 (b) Each adopted or revised security plan must be reviewed
87 and approved by the Office of Drug Control and the Department of
88 Law Enforcement for compliance with federal facility security
89 assessment requirements under 33 C.F.R. s. 105.305 and the
90 minimum security standards established under subsection (1).
91 Within 30 days after completion, a copy of the written review
92 shall be delivered to the United States Coast Guard, the
93 Regional Domestic Security Task Force, and the Domestic Security
94 Oversight Council.
95 (3)(4) SECURE AND RESTRICTED AREAS.—Each seaport listed in
96 s. 311.09 must clearly designate in seaport security plans, and
97 clearly identify with appropriate signs and markers on the
98 premises of a seaport, all secure and restricted areas as
99 defined by the United States Department of Homeland Security
100 United States Coast Guard Navigation and Vessel Inspection
101 Circular No. 03-07 and 49 C.F.R. part 1572. The plans must also
102 address access eligibility requirements and corresponding
103 security enforcement authorizations.
104 (a) The seaport’s security plan must set forth the
105 conditions and restrictions to be imposed on persons employed
106 at, doing business at, or visiting the seaport who have access
107 to secure and restricted areas which are sufficient to provide
108 substantial compliance with the minimum security standards
109 established in subsection (1) and federal regulations.
110 1. All seaport employees and other persons working at the
111 seaport who have regular access to secure or restricted areas
112 must comply with federal access control regulations and state
113 criminal history checks as prescribed in this section.
114 2. All persons and objects in secure and restricted areas
115 are subject to search by a sworn state-certified law enforcement
116 officer, a Class D seaport security officer certified under
117 Maritime Transportation Security Act of 2002 guidelines and s.
118 311.121, or an employee of the seaport security force certified
119 under the Maritime Transportation Security Act of 2002
120 guidelines and s. 311.121.
121 3. Persons found in these areas without the proper
122 permission are subject to the trespass provisions of ss. 810.08
123 and 810.09.
124 (b) As determined by the seaport director’s most current
125 risk assessment under paragraph (3)(a), any secure or restricted
126 area that has a potential human occupancy of 50 persons or more,
127 any cruise terminal, or any business operation that is adjacent
128 to a public access area must be protected from the most probable
129 and credible terrorist threat to human life.
130 (b)(c) The seaport must provide clear notice of the
131 prohibition against possession of concealed weapons and other
132 contraband material on the premises of the seaport. Any person
133 in a restricted area who has in his or her possession a
134 concealed weapon, or who operates or has possession or control
135 of a vehicle in or upon which a concealed weapon is placed or
136 stored, commits a misdemeanor of the first degree, punishable as
137 provided in s. 775.082 or s. 775.083. This paragraph does not
138 apply to active-duty certified federal or state law enforcement
139 personnel or persons so designated by the seaport director in
140 writing.
141 (c)(d) During a period of high terrorist threat level, as
142 designated by the United States Department of Homeland Security
143 or the Department of Law Enforcement, or during an emergency
144 declared at a port by the seaport security director due to
145 events applicable to that particular seaport, the management or
146 controlling authority of the port may temporarily designate any
147 part of the seaport property as a secure or restricted area. The
148 duration of such designation is limited to the period in which
149 the high terrorist threat level is in effect or a port emergency
150 exists.
151 (5) ACCESS ELIGIBILITY REPORTING SYSTEM.—Subject to
152 legislative appropriations, the Department of Law Enforcement
153 shall administer a statewide seaport access eligibility
154 reporting system.
155 (a) The system must include, at a minimum, the following:
156 1. A centralized, secure method of collecting and
157 maintaining fingerprints, other biometric data, or other means
158 of confirming the identity of persons authorized to enter a
159 secure or restricted area of a seaport.
160 2. A methodology for receiving from and transmitting
161 information to each seaport regarding a person’s authority to
162 enter a secure or restricted area of the seaport.
163 3. A means for receiving prompt notification from a seaport
164 when a person’s authorization to enter a secure or restricted
165 area of a seaport has been suspended or revoked.
166 4. A means to communicate to seaports when a person’s
167 authorization to enter a secure or restricted area of a seaport
168 has been suspended or revoked.
169 (b) Each seaport listed in s. 311.09 is responsible for
170 granting, modifying, restricting, or denying access to secure
171 and restricted areas to seaport employees, other persons working
172 at the seaport, visitors who have business with the seaport, or
173 other persons regularly appearing at the seaport. Based upon the
174 person’s criminal history check, each seaport may determine the
175 specific access eligibility to be granted to that person. Each
176 seaport is responsible for access eligibility verification at
177 its location.
178 (c) Upon determining that a person is eligible to enter a
179 secure or restricted area of a port pursuant to subsections (6)
180 and (7), the seaport shall, within 3 business days, report the
181 determination to the department for inclusion in the system.
182 (d) All information submitted to the department regarding a
183 person’s access eligibility screening may be retained by the
184 department for subsequent use in promoting seaport security,
185 including, but not limited to, the review of the person’s
186 criminal history status to ensure that the person has not become
187 disqualified for such access.
188 (e) The following fees may not be charged by more than one
189 seaport and shall be paid by the seaport, another employing
190 entity, or the person being entered into the system to the
191 department or to the seaport if the seaport is acting as an
192 agent of the department for the purpose of collecting the fees:
193 1. The cost of the state criminal history check under
194 subsection (7).
195 2. A $50 fee to cover the initial cost of entering the
196 person into the system and an additional $50 fee every 5 years
197 thereafter to coincide with the issuance of the federal
198 Transportation Worker Identification Credential described in
199 subsection (6). The fee covers all costs for entering or
200 maintaining the person in the system including the retention and
201 use of the person’s fingerprint, other biometric data, or other
202 identifying information.
203 3. The seaport entering the person into the system may
204 charge an administrative fee to cover, but not exceed, the
205 seaport’s actual administrative costs for processing the results
206 of the state criminal history check and entering the person into
207 the system.
208 (f) All fees identified in paragraph (e) must be paid
209 before the person may be granted access to a secure or
210 restricted area. Failure to comply with the criminal history
211 check and failure to pay the fees are grounds for immediate
212 denial of access.
213 (g) Persons, corporations, or other business entities that
214 employ persons to work or do business at seaports shall notify
215 the seaport of the termination, resignation, work-related
216 incapacitation, or death of an employee who has access
217 permission.
218 1. If the seaport determines that the person has been
219 employed by another appropriate entity or is self-employed for
220 purposes of performing work at the seaport, the seaport may
221 reinstate the person’s access eligibility.
222 2. A business entity’s failure to report a change in an
223 employee’s work status within 7 days after the change may result
224 in revocation of the business entity’s access to the seaport.
225 (h) In addition to access permissions granted or denied by
226 seaports, access eligibility may be restricted or revoked by the
227 department if there is a reasonable suspicion that the person is
228 involved in terrorism or criminal violations that could affect
229 the security of a port or otherwise render the person ineligible
230 for seaport access.
231 (i) Any suspension or revocation of port access must be
232 reported by the seaport to the department within 24 hours after
233 such suspension or revocation.
234 (j) The submission of information known to be false or
235 misleading to the department for entry into the system is a
236 felony of the third degree, punishable as provided in s.
237 775.082, s. 775.083, or s. 775.084.
238 (4)(6) ACCESS TO SECURE AND RESTRICTED AREAS.—
239 (a) Any person seeking authorization for unescorted access
240 to secure and restricted areas of a seaport must possess, unless
241 waived under paragraph (7)(e), a valid federal Transportation
242 Worker Identification Credential (TWIC).
243 (b) A seaport may not charge any fee for the administration
244 or production of any access control credential that requires or
245 is associated with a fingerprint-based background check, in
246 addition to the fee for the federal TWIC. A seaport may issue
247 its own seaport-specific access credential and may charge a fee
248 no greater than its actual administrative costs for the
249 production and issuance of the credential. and execute an
250 affidavit under oath which provides TWIC identification
251 information and indicates the following:
252 1. The TWIC is currently valid and in full force and
253 effect.
254 2. The TWIC was not received through the waiver process for
255 disqualifying criminal history allowed by federal law.
256 3. He or she has not, in any jurisdiction, civilian or
257 military, been convicted of, entered a plea of guilty or nolo
258 contendere to, regardless of adjudication, or been found not
259 guilty by reason of insanity, of any disqualifying felony under
260 subsection (7) or any crime that includes the use or possession
261 of a firearm.
262 (b) Upon submission of a completed affidavit as provided in
263 paragraph (a), the completion of the state criminal history
264 check as provided in subsection (7), and payment of all required
265 fees under subsection (5), a seaport may grant the person access
266 to secure or restricted areas of the port.
267 (c) Any port granting a person access to secure or
268 restricted areas shall report the grant of access to the
269 Department of Law Enforcement for inclusion in the access
270 eligibility reporting system under subsection (5) within 3
271 business days.
272 (d) The submission of false information on the affidavit
273 required by this section is a felony of the third degree,
274 punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
275 Upon conviction for a violation of this provision, the person
276 convicted forfeits all privilege of access to secure or
277 restricted areas of a seaport and is disqualified from future
278 approval for access to such areas.
279 (e) Any affidavit form created for use under this
280 subsection must contain the following statement in conspicuous
281 type: “SUBMISSION OF FALSE INFORMATION ON THIS AFFIDAVIT IS A
282 FELONY UNDER FLORIDA LAW AND WILL, UPON CONVICTION, RESULT IN
283 DISQUALIFICATION FOR ACCESS TO A SECURE OR RESTRICTED AREA OF A
284 SEAPORT.”
285 (f) Upon each 5-year renewal of a person’s TWIC, the person
286 must submit another affidavit as required by this subsection.
287 (7) CRIMINAL HISTORY SCREENING.—A fingerprint-based
288 criminal history check must be performed on employee applicants,
289 current employees, and other persons authorized to regularly
290 enter a secure or restricted area, or the entire seaport if the
291 seaport security plan does not designate one or more secure or
292 restricted areas.
293 (a) A person is disqualified from employment or unescorted
294 access if the person:
295 1. Was convicted of, or entered a plea of guilty or nolo
296 contendere to, regardless of adjudication, any of the offenses
297 listed in paragraph (b) in any jurisdiction, civilian or
298 military, including courts-martial conducted by the Armed Forces
299 of the United States, during the 7 years before the date of the
300 person’s application for access; or
301 2. Was released from incarceration, or any supervision
302 imposed as a result of sentencing, for committing any of the
303 disqualifying crimes listed in paragraph (b) in any
304 jurisdiction, civilian or military, during the 5 years before
305 the date of the person’s application for access.
306 (b) Disqualifying offenses include:
307 1. An act of terrorism as defined in s. 775.30.
308 2. A violation involving a weapon of mass destruction or a
309 hoax weapon of mass destruction as provided in s. 790.166.
310 3. Planting of a hoax bomb as provided in s. 790.165.
311 4. A violation of s. 876.02 or s. 876.36.
312 5. A violation of s. 860.065.
313 6. Trafficking as provided in s. 893.135.
314 7. Racketeering activity as provided in s. 895.03.
315 8. Dealing in stolen property as provided in s. 812.019.
316 9. Money laundering as provided in s. 896.101.
317 10. Criminal use of personal identification as provided in
318 s. 817.568.
319 11. Bribery as provided in s. 838.015.
320 12. A violation of s. 316.302, relating to the transport of
321 hazardous materials.
322 13. A forcible felony as defined in s. 776.08.
323 14. A violation of s. 790.07.
324 15. Any crime that includes the use or possession of a
325 firearm.
326 16. A felony violation for theft as provided in s. 812.014.
327 17. Robbery as provided in s. 812.13.
328 18. Burglary as provided in s. 810.02.
329 19. Any violation involving the sale, manufacture,
330 delivery, or possession with intent to sell, manufacture, or
331 deliver a controlled substance.
332 20. Any offense under the laws of another jurisdiction that
333 is similar to an offense listed in this paragraph.
334 21. Conspiracy or attempt to commit any of the offenses
335 listed in this paragraph.
336 (c) Each individual who is subject to a criminal history
337 check shall file a complete set of fingerprints taken in a
338 manner acceptable to the Department of Law Enforcement for state
339 processing. The results of the criminal history check must be
340 reported to the requesting seaport and may be shared among
341 seaports.
342 (d) All fingerprints submitted to the Department of Law
343 Enforcement shall be retained by the department and entered into
344 the statewide automated fingerprint identification system
345 established in s. 943.05(2)(b) and available for use in
346 accordance with s. 943.05(2)(g) and (h). An arrest record that
347 is identified with the retained fingerprints of a person subject
348 to the screening shall be reported to the seaport where the
349 person has been granted access to a secure or restricted area.
350 If the fingerprints of a person who has been granted access were
351 not retained, or are otherwise not suitable for use by the
352 department, the person must be refingerprinted in a manner that
353 allows the department to perform its functions as provided in
354 this section.
355 (e) The Department of Law Enforcement shall establish a
356 waiver process for a person who does not have a TWIC, obtained a
357 TWIC though a federal waiver process, or is found to be
358 unqualified under paragraph (a) and denied employment by a
359 seaport or unescorted access to secure or restricted areas. If
360 the person does not have a TWIC and a federal criminal history
361 record check is required, the Department of Law Enforcement may
362 forward the person’s fingerprints to the Federal Bureau of
363 Investigation for a national criminal history record check. The
364 cost of the national check must be paid by the seaport, which
365 may collect it as reimbursement from the person.
366 1. Consideration for a waiver shall be based on the
367 circumstances of any disqualifying act or offense, restitution
368 made by the individual, and other factors from which it may be
369 determined that the individual does not pose a risk of engaging
370 in any act within the public seaports regulated under this
371 chapter that would pose a risk to or threaten the security of
372 the seaport and the public’s health, safety, or welfare.
373 2. The waiver process begins when an individual who has
374 been denied initial employment within or denied unescorted
375 access to secure or restricted areas of a public seaport submits
376 an application for a waiver and a notarized letter or affidavit
377 from the individual’s employer or union representative which
378 states the mitigating reasons for initiating the waiver process.
379 3. Within 90 days after receipt of the application, the
380 administrative staff of the Parole Commission shall conduct a
381 factual review of the waiver application. Findings of fact shall
382 be transmitted to the department for review. The department
383 shall make a copy of those findings available to the applicant
384 before final disposition of the waiver request.
385 4. The department shall make a final disposition of the
386 waiver request based on the factual findings of the
387 investigation by the Parole Commission. The department shall
388 notify the waiver applicant of the final disposition of the
389 waiver.
390 5. The review process under this paragraph is exempt from
391 chapter 120.
392 6. By October 1 of each year, each seaport shall report to
393 the department each instance of denial of employment within, or
394 access to, secure or restricted areas, and each instance waiving
395 a denial occurring during the last 12 months. The report must
396 include the identity of the individual affected, the factors
397 supporting the denial or waiver, and any other material factors
398 used to make the determination.
399 (f) In addition to the waiver procedure established by the
400 Department of Law Enforcement under paragraph (e), each seaport
401 security plan may establish a procedure to appeal a denial of
402 employment or access based upon procedural inaccuracies or
403 discrepancies regarding criminal history factors established
404 pursuant to this subsection.
405 (g) Each seaport may allow immediate waivers on a temporary
406 basis to meet special or emergency needs of the seaport or its
407 users. Policies, procedures, and criteria for implementation of
408 this paragraph must be included in the seaport security plan.
409 All waivers granted by the seaports pursuant to this paragraph
410 must be reported to the department within 30 days after
411 issuance.
412 (8) WAIVER FROM SECURITY REQUIREMENTS.—The Office of Drug
413 Control and the Department of Law Enforcement may modify or
414 waive any physical facility requirement or other requirement
415 contained in the minimum security standards upon a determination
416 that the purposes of the standards have been reasonably met or
417 exceeded by the seaport requesting the modification or waiver.
418 An alternate means of compliance must not diminish the safety or
419 security of the seaport and must be verified through an
420 extensive risk analysis conducted by the seaport director.
421 (a) Waiver requests shall be submitted in writing, along
422 with supporting documentation, to the Office of Drug Control and
423 the Department of Law Enforcement. The office and the department
424 have 90 days to jointly grant or reject the waiver, in whole or
425 in part.
426 (b) The seaport may submit any waivers that are not granted
427 or are jointly rejected to the Domestic Security Oversight
428 Council for review within 90 days. The council shall recommend
429 that the Office of Drug Control and the Department of Law
430 Enforcement grant the waiver or reject the waiver, in whole or
431 in part. The office and the department shall give great weight
432 to the council’s recommendations.
433 (c) A request seeking a waiver from the seaport law
434 enforcement personnel standards established under s. 311.122(3)
435 may not be granted for percentages below 10 percent.
436 (d) Any modifications or waivers granted under this
437 subsection shall be noted in the annual report submitted by the
438 Department of Law Enforcement pursuant to subsection (10).
439 (5)(9) INSPECTIONS.—It is the intent of the Legislature
440 that the state’s seaports adhere to security practices that are
441 consistent with the risks assigned to each seaport through the
442 ongoing risk assessment process established in paragraph
443 (2)(3)(a).
444 (a) The Department of Law Enforcement, or any entity
445 designated by the department, may shall conduct at least one
446 annual unannounced inspections inspection of each seaport to
447 determine whether the seaport is meeting the requirements under
448 33 C.F.R. s. 105.305 minimum security standards established
449 pursuant to subsection (1) and to identify seaport security
450 changes or improvements needed or otherwise recommended.
451 (b) The Department of Law Enforcement, or any entity
452 designated by the department, may conduct additional announced
453 or unannounced inspections or operations within or affecting any
454 seaport to test compliance with, or the effectiveness of,
455 security plans and operations at each seaport, to determine
456 compliance with physical facility requirements and standards, or
457 to assist the department in identifying changes or improvements
458 needed to bring a seaport into compliance with minimum security
459 standards.
460 (c) Within 30 days after completing the inspection report,
461 the department shall submit a copy of the report to the Domestic
462 Security Oversight Council.
463 (d) A seaport may request that the Domestic Security
464 Oversight Council review the findings in the department’s report
465 as they relate to the requirements of this section. The council
466 may review only those findings that are in dispute by the
467 seaport. In reviewing the disputed findings, the council may
468 concur in the findings of the department or the seaport or may
469 recommend corrective action to the seaport. The department and
470 the seaport shall give great weight to the council’s findings
471 and recommendations.
472 (e) All seaports shall allow the Department of Law
473 Enforcement, or an entity designated by the department,
474 unimpeded access to affected areas and facilities for the
475 purpose of plan or compliance inspections or other operations
476 authorized by this section.
477 (6)(10) REPORTS.—The Department of Law Enforcement, in
478 consultation with the Office of Drug Control, shall annually
479 complete a report indicating the observations and findings of
480 all reviews, inspections, or other operations relating to the
481 seaports conducted during the year and any recommendations
482 resulting from such reviews, inspections, and operations. A copy
483 of the report shall be provided to the Governor, the President
484 of the Senate, the Speaker of the House of Representatives, the
485 governing body of each seaport or seaport authority, and each
486 seaport director. The report must include each director’s
487 response indicating what actions, if any, have been taken or are
488 planned to be taken pursuant to the observations, findings, and
489 recommendations reported by the department.
490 (7)(11) FUNDING.—
491 (a) In making decisions regarding security projects or
492 other funding applicable to each seaport listed in s. 311.09,
493 the Legislature may consider the Department of Law Enforcement’s
494 annual report under subsection (6) (10) as authoritative,
495 especially regarding each seaport’s degree of substantial
496 compliance with the minimum security standards established in
497 subsection (1).
498 (b) The Legislature shall regularly review the ongoing
499 costs of operational security on seaports, the impacts of this
500 section on those costs, mitigating factors that may reduce costs
501 without reducing security, and the methods by which seaports may
502 implement operational security using a combination of sworn law
503 enforcement officers and private security services.
504 (c) Subject to the provisions of this chapter and
505 appropriations made for seaport security, state funds may not be
506 expended for security costs without certification of need for
507 such expenditures by the Office of Ports Administrator within
508 the Department of Law Enforcement.
509 (d) If funds are appropriated for seaport security, the
510 Office of Drug Control, the Department of Law Enforcement, and
511 the Florida Seaport Transportation and Economic Development
512 Council shall mutually determine the allocation of such funds
513 for security project needs identified in the approved seaport
514 security plans. Any seaport that receives state funds for
515 security projects must enter into a joint participation
516 agreement with the appropriate state entity and use the seaport
517 security plan as the basis for the agreement.
518 1. If funds are made available over more than 1 fiscal
519 year, the agreement must reflect the entire scope of the project
520 approved in the security plan and, as practicable, allow for
521 reimbursement for authorized projects over more than 1 year.
522 2. The agreement may include specific timeframes for
523 completion of a security project and the applicable funding
524 reimbursement dates. The agreement may also require a
525 contractual penalty of up to $1,000 per day to be imposed for
526 failure to meet project completion dates if state funding is
527 available. Any such penalty shall be deposited into the State
528 Transportation Trust Fund and used for seaport security
529 operations and capital improvements.
530 Section 2. Subsection (2) of section 311.121, Florida
531 Statutes, is amended to read:
532 311.121 Qualifications, training, and certification of
533 licensed security officers at Florida seaports.—
534 (2) The authority or governing board of each seaport
535 identified under s. 311.09 that is subject to the statewide
536 minimum seaport security standards referenced established in s.
537 311.12 shall require that a candidate for certification as a
538 seaport security officer:
539 (a) Has received a Class D license as a security officer
540 under chapter 493.
541 (b) Has successfully completed the certified training
542 curriculum for a Class D license or has been determined by the
543 Department of Agriculture and Consumer Services to have
544 equivalent experience as established by rule of the department.
545 (c) Has completed the training or training equivalency and
546 testing process established by this section for becoming a
547 certified seaport security officer.
548 Section 3. Subsection (1) of section 311.123, Florida
549 Statutes, is amended to read:
550 311.123 Maritime domain security awareness training
551 program.—
552 (1) The Florida Seaport Transportation and Economic
553 Development Council, in conjunction with the Department of Law
554 Enforcement and the Office of Drug Control within the Executive
555 Office of the Governor, shall create a maritime domain security
556 awareness training program to instruct all personnel employed
557 within a seaport’s boundaries about the security procedures
558 required of them for implementation of the seaport security plan
559 required under s. 311.12(2)(3).
560 Section 4. Subsection (1) of section 311.124, Florida
561 Statutes, is amended to read:
562 311.124 Trespassing; detention by a certified seaport
563 security officer.—
564 (1) Any Class D or Class G seaport security officer
565 certified under the federal Maritime Transportation Security Act
566 of 2002 guidelines and s. 311.121 or any employee of the seaport
567 security force certified under the federal Maritime
568 Transportation Security Act of 2002 guidelines and s. 311.121
569 who has probable cause to believe that a person is trespassing
570 pursuant to s. 810.08 or s. 810.09 or this chapter in a
571 designated secure or restricted area pursuant to s. 311.12(3)(4)
572 is authorized to detain such person in a reasonable manner for a
573 reasonable period of time pending the arrival of a law
574 enforcement officer, and such action does not render the
575 security officer criminally or civilly liable for false arrest,
576 false imprisonment, or unlawful detention.
577 Section 5. Section 311.115, Florida Statutes, is repealed.
578 Section 6. This act shall take effect July 1, 2011.
