Bill Text: FL H0755 | 2011 | Regular Session | Introduced

Bill Title: Seaport Security

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2011-05-07 - Indefinitely postponed and withdrawn from consideration [H0755 Detail]

Download: Florida-2011-H0755-Introduced.html
HB 755

A bill to be entitled
2An act relating to seaport security; amending s. 311.12,
3F.S.; deleting provisions requiring the Department of Law
4Enforcement to establish a statewide seaport access
5eligibility reporting system; specifying that a federal
6Transportation Worker Identification Credential is the
7only authorization required for obtaining access to secure
8and restricted areas of a seaport; deleting the
9requirements for performing criminal history screening on
10certain persons authorized to regularly enter secure and
11restricted areas; providing an effective date.
13Be It Enacted by the Legislature of the State of Florida:
15     Section 1.  Subsections (8) through (11) of section 311.12,
16Florida Statutes, are redesignated as subsections (6) through
17(9), respectively, and paragraph (a) of subsection (4),
18subsections (5) through (7), paragraph (d) of subsection (8),
19and paragraph (a) of subsection (11) of that section, are
20amended to read:
21     311.12  Seaport security.-
22     (4)  SECURE AND RESTRICTED AREAS.-Each seaport listed in s.
23311.09 must clearly designate in seaport security plans, and
24clearly identify with appropriate signs and markers on the
25premises of a seaport, all secure and restricted areas as
26defined by the United States Department of Homeland Security-
27United States Coast Guard Navigation and Vessel Inspection
28Circular No. 03-07 and 49 C.F.R. part 1572. The plans must also
29address access eligibility requirements and corresponding
30security enforcement authorizations.
31     (a)  The seaport's security plan must set forth the
32conditions and restrictions to be imposed on persons employed
33at, doing business at, or visiting the seaport who have access
34to secure and restricted areas which are sufficient to provide
35substantial compliance with the minimum security standards
36established in subsection (1) and federal regulations.
37     1.  All seaport employees and other persons working at the
38seaport who have regular access to secure or restricted areas
39must comply with federal access control regulations and state
40criminal history checks as prescribed in this section.
41     2.  All persons and objects in secure and restricted areas
42are subject to search by a sworn state-certified law enforcement
43officer, a Class D seaport security officer certified under
44Maritime Transportation Security Act of 2002 guidelines and s.
45311.121, or an employee of the seaport security force certified
46under the Maritime Transportation Security Act of 2002
47guidelines and s. 311.121.
48     3.  Persons found in these areas without the proper
49permission are subject to the trespass provisions of ss. 810.08
50and 810.09.
52legislative appropriations, the Department of Law Enforcement
53shall administer a statewide seaport access eligibility
54reporting system.
55     (a)  The system must include, at a minimum, the following:
56     1.  A centralized, secure method of collecting and
57maintaining fingerprints, other biometric data, or other means
58of confirming the identity of persons authorized to enter a
59secure or restricted area of a seaport.
60     2.  A methodology for receiving from and transmitting
61information to each seaport regarding a person's authority to
62enter a secure or restricted area of the seaport.
63     3.  A means for receiving prompt notification from a
64seaport when a person's authorization to enter a secure or
65restricted area of a seaport has been suspended or revoked.
66     4.  A means to communicate to seaports when a person's
67authorization to enter a secure or restricted area of a seaport
68has been suspended or revoked.
69     (b)  Each seaport listed in s. 311.09 is responsible for
70granting, modifying, restricting, or denying access to secure
71and restricted areas to seaport employees, other persons working
72at the seaport, visitors who have business with the seaport, or
73other persons regularly appearing at the seaport. Based upon the
74person's criminal history check, each seaport may determine the
75specific access eligibility to be granted to that person. Each
76seaport is responsible for access eligibility verification at
77its location.
78     (c)  Upon determining that a person is eligible to enter a
79secure or restricted area of a port pursuant to subsections (6)
80and (7), the seaport shall, within 3 business days, report the
81determination to the department for inclusion in the system.
82     (d)  All information submitted to the department regarding
83a person's access eligibility screening may be retained by the
84department for subsequent use in promoting seaport security,
85including, but not limited to, the review of the person's
86criminal history status to ensure that the person has not become
87disqualified for such access.
88     (e)  The following fees may not be charged by more than one
89seaport and shall be paid by the seaport, another employing
90entity, or the person being entered into the system to the
91department or to the seaport if the seaport is acting as an
92agent of the department for the purpose of collecting the fees:
93     1.  The cost of the state criminal history check under
94subsection (7).
95     2.  A $50 fee to cover the initial cost of entering the
96person into the system and an additional $50 fee every 5 years
97thereafter to coincide with the issuance of the federal
98Transportation Worker Identification Credential described in
99subsection (6). The fee covers all costs for entering or
100maintaining the person in the system including the retention and
101use of the person's fingerprint, other biometric data, or other
102identifying information.
103     3.  The seaport entering the person into the system may
104charge an administrative fee to cover, but not exceed, the
105seaport's actual administrative costs for processing the results
106of the state criminal history check and entering the person into
107the system.
108     (f)  All fees identified in paragraph (e) must be paid
109before the person may be granted access to a secure or
110restricted area. Failure to comply with the criminal history
111check and failure to pay the fees are grounds for immediate
112denial of access.
113     (g)  Persons, corporations, or other business entities that
114employ persons to work or do business at seaports shall notify
115the seaport of the termination, resignation, work-related
116incapacitation, or death of an employee who has access
118     1.  If the seaport determines that the person has been
119employed by another appropriate entity or is self-employed for
120purposes of performing work at the seaport, the seaport may
121reinstate the person's access eligibility.
122     2.  A business entity's failure to report a change in an
123employee's work status within 7 days after the change may result
124in revocation of the business entity's access to the seaport.
125     (h)  In addition to access permissions granted or denied by
126seaports, Access eligibility may be restricted or revoked by the
127department if there is a reasonable suspicion that the person is
128involved in terrorism or criminal violations that could affect
129the security of a port or otherwise render the person ineligible
130for seaport access.
131     (i)  Any suspension or revocation of port access must be
132reported by the seaport to the department within 24 hours after
133such suspension or revocation.
134     (j)  The submission of information known to be false or
135misleading to the department for entry into the system is a
136felony of the third degree, punishable as provided in s.
137775.082, s. 775.083, or s. 775.084.
139     (a)  Any person seeking authorization for unescorted access
140to secure and restricted areas of a seaport must possess, unless
141waived under paragraph (7)(e), a valid federal Transportation
142Worker Identification Credential (TWIC) and execute an affidavit
143under oath which provides TWIC identification information and
144indicates the following:
145     1.  The TWIC is currently valid and in full force and
147     2.  The TWIC was not received through the waiver process
148for disqualifying criminal history allowed by federal law.
149     3.  He or she has not, in any jurisdiction, civilian or
150military, been convicted of, entered a plea of guilty or nolo
151contendere to, regardless of adjudication, or been found not
152guilty by reason of insanity, of any disqualifying felony under
153subsection (7) or any crime that includes the use or possession
154of a firearm.
155     (b)  Upon submission of a completed affidavit as provided
156in paragraph (a), the completion of the state criminal history
157check as provided in subsection (7), and payment of all required
158fees under subsection (5), a seaport shall may grant the person
159access to secure or restricted areas of the port.
160     (c)  Any port granting a person access to secure or
161restricted areas shall report the grant of access to the
162Department of Law Enforcement for inclusion in the access
163eligibility reporting system under subsection (5) within 3
164business days.
165     (c)(d)  The submission of false information on the
166affidavit required by this section is a felony of the third
167degree, punishable as provided in s. 775.082, s. 775.083, or s.
168775.084. Upon conviction for a violation of this provision, the
169person convicted forfeits all privilege of access to secure or
170restricted areas of a seaport and is disqualified from future
171approval for access to such areas.
172     (d)(e)  Any affidavit form created for use under this
173subsection must contain the following statement in conspicuous
178     (e)(f)  Upon each 5-year renewal of a person's TWIC, the
179person must submit another affidavit as required by this
181     (f)  No other form of authorization is required in order to
182obtain unescorted access to secure or restricted areas of a
184     (7)  CRIMINAL HISTORY SCREENING.-A fingerprint-based
185criminal history check must be performed on employee applicants,
186current employees, and other persons authorized to regularly
187enter a secure or restricted area, or the entire seaport if the
188seaport security plan does not designate one or more secure or
189restricted areas.
190     (a)  A person is disqualified from employment or unescorted
191access if the person:
192     1.  Was convicted of, or entered a plea of guilty or nolo
193contendere to, regardless of adjudication, any of the offenses
194listed in paragraph (b) in any jurisdiction, civilian or
195military, including courts-martial conducted by the Armed Forces
196of the United States, during the 7 years before the date of the
197person's application for access; or
198     2.  Was released from incarceration, or any supervision
199imposed as a result of sentencing, for committing any of the
200disqualifying crimes listed in paragraph (b) in any
201jurisdiction, civilian or military, during the 5 years before
202the date of the person's application for access.
203     (b)  Disqualifying offenses include:
204     1.  An act of terrorism as defined in s. 775.30.
205     2.  A violation involving a weapon of mass destruction or a
206hoax weapon of mass destruction as provided in s. 790.166.
207     3.  Planting of a hoax bomb as provided in s. 790.165.
208     4.  A violation of s. 876.02 or s. 876.36.
209     5.  A violation of s. 860.065.
210     6.  Trafficking as provided in s. 893.135.
211     7.  Racketeering activity as provided in s. 895.03.
212     8.  Dealing in stolen property as provided in s. 812.019.
213     9.  Money laundering as provided in s. 896.101.
214     10.  Criminal use of personal identification as provided in
215s. 817.568.
216     11.  Bribery as provided in s. 838.015.
217     12.  A violation of s. 316.302, relating to the transport
218of hazardous materials.
219     13.  A forcible felony as defined in s. 776.08.
220     14.  A violation of s. 790.07.
221     15.  Any crime that includes the use or possession of a
223     16.  A felony violation for theft as provided in s.
225     17.  Robbery as provided in s. 812.13.
226     18.  Burglary as provided in s. 810.02.
227     19.  Any violation involving the sale, manufacture,
228delivery, or possession with intent to sell, manufacture, or
229deliver a controlled substance.
230     20.  Any offense under the laws of another jurisdiction
231that is similar to an offense listed in this paragraph.
232     21.  Conspiracy or attempt to commit any of the offenses
233listed in this paragraph.
234     (c)  Each individual who is subject to a criminal history
235check shall file a complete set of fingerprints taken in a
236manner acceptable to the Department of Law Enforcement for state
237processing. The results of the criminal history check must be
238reported to the requesting seaport and may be shared among
240     (d)  All fingerprints submitted to the Department of Law
241Enforcement shall be retained by the department and entered into
242the statewide automated fingerprint identification system
243established in s. 943.05(2)(b) and available for use in
244accordance with s. 943.05(2)(g) and (h). An arrest record that
245is identified with the retained fingerprints of a person subject
246to the screening shall be reported to the seaport where the
247person has been granted access to a secure or restricted area.
248If the fingerprints of a person who has been granted access were
249not retained, or are otherwise not suitable for use by the
250department, the person must be refingerprinted in a manner that
251allows the department to perform its functions as provided in
252this section.
253     (e)  The Department of Law Enforcement shall establish a
254waiver process for a person who does not have a TWIC, obtained a
255TWIC though a federal waiver process, or is found to be
256unqualified under paragraph (a) and denied employment by a
257seaport or unescorted access to secure or restricted areas. If
258the person does not have a TWIC and a federal criminal history
259record check is required, the Department of Law Enforcement may
260forward the person's fingerprints to the Federal Bureau of
261Investigation for a national criminal history record check. The
262cost of the national check must be paid by the seaport, which
263may collect it as reimbursement from the person.
264     1.  Consideration for a waiver shall be based on the
265circumstances of any disqualifying act or offense, restitution
266made by the individual, and other factors from which it may be
267determined that the individual does not pose a risk of engaging
268in any act within the public seaports regulated under this
269chapter that would pose a risk to or threaten the security of
270the seaport and the public's health, safety, or welfare.
271     2.  The waiver process begins when an individual who has
272been denied initial employment within or denied unescorted
273access to secure or restricted areas of a public seaport submits
274an application for a waiver and a notarized letter or affidavit
275from the individual's employer or union representative which
276states the mitigating reasons for initiating the waiver process.
277     3.  Within 90 days after receipt of the application, the
278administrative staff of the Parole Commission shall conduct a
279factual review of the waiver application. Findings of fact shall
280be transmitted to the department for review. The department
281shall make a copy of those findings available to the applicant
282before final disposition of the waiver request.
283     4.  The department shall make a final disposition of the
284waiver request based on the factual findings of the
285investigation by the Parole Commission. The department shall
286notify the waiver applicant of the final disposition of the
288     5.  The review process under this paragraph is exempt from
289chapter 120.
290     6.  By October 1 of each year, each seaport shall report to
291the department each instance of denial of employment within, or
292access to, secure or restricted areas, and each instance waiving
293a denial occurring during the last 12 months. The report must
294include the identity of the individual affected, the factors
295supporting the denial or waiver, and any other material factors
296used to make the determination.
297     (f)  In addition to the waiver procedure established by the
298Department of Law Enforcement under paragraph (e), each seaport
299security plan may establish a procedure to appeal a denial of
300employment or access based upon procedural inaccuracies or
301discrepancies regarding criminal history factors established
302pursuant to this subsection.
303     (g)  Each seaport may allow immediate access to secure or
304restricted areas of a seaport waivers on a temporary basis to
305meet special or emergency needs of the seaport or its users.
306Policies, procedures, and criteria for implementation of this
307paragraph must be included in the seaport security plan. All
308waivers granted by the seaports pursuant to this paragraph must
309be reported to the department within 30 days after issuance.
310     (6)(8)  WAIVER FROM SECURITY REQUIREMENTS.-The Office of
311Drug Control and the Department of Law Enforcement may modify or
312waive any physical facility requirement or other requirement
313contained in the minimum security standards upon a determination
314that the purposes of the standards have been reasonably met or
315exceeded by the seaport requesting the modification or waiver.
316An alternate means of compliance must not diminish the safety or
317security of the seaport and must be verified through an
318extensive risk analysis conducted by the seaport director.
319     (d)  Any modifications or waivers granted under this
320subsection shall be noted in the annual report submitted by the
321Department of Law Enforcement pursuant to subsection (8) (10).
322     (9)(11)  FUNDING.-
323     (a)  In making decisions regarding security projects or
324other funding applicable to each seaport listed in s. 311.09,
325the Legislature may consider the Department of Law Enforcement's
326annual report under subsection (8) (10) as authoritative,
327especially regarding each seaport's degree of substantial
328compliance with the minimum security standards established in
329subsection (1).
330     Section 2.  This act shall take effect July 1, 2011.

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