Florida Statute 311.12 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XXII
PORTS AND HARBORS

Chapter 311
SEAPORT PROGRAMS AND FACILITIES

View Entire Chapter

F.S. 311.12

311.12 Seaport security.—

(1) SECURITY STANDARDS.—

(a) A seaport may implement security measures that are more stringent, more extensive, or supplemental to the applicable federal security regulations, including federal facility security assessment requirements under 33 C.F.R. s. 105.305.

(b) The provisions of s. 790.251 are not superseded, preempted, or otherwise modified in any way by the provisions of this section.

(2) SECURITY PLAN.—

(a) Each seaport listed in s. 311.09 shall adopt and maintain a security plan specific to that seaport which provides for a secure seaport infrastructure that promotes the safety and security of state residents and visitors and the flow of legitimate trade and travel.

(b) Each seaport shall periodically revise the seaport’s security plan based on the seaport’s ongoing assessment of security risks, the risks of terrorist activities, and the specific and identifiable needs of the seaport for ensuring that the seaport is in substantial compliance with applicable federal security regulations, including federal facility security assessment requirements under 33 C.F.R. s. 105.305.

(3) SECURE AND RESTRICTED AREAS.—Each seaport listed in s. 311.09 must clearly designate in seaport security plans, and clearly identify with appropriate signs and markers on the premises of a seaport, all secure and restricted areas as defined by 33 C.F.R. part 105.

(a)1. All seaport employees and other persons working at the seaport who have regular access to secure or restricted areas must comply with federal access control regulations as prescribed in this section.

2. All persons and objects in secure and restricted areas are subject to search by a sworn state-certified law enforcement officer, a Class D seaport security officer certified under Maritime Transportation Security Act of 2002 guidelines, or an employee of the seaport security force certified under the Maritime Transportation Security Act of 2002 guidelines.

3. Persons found in these areas without the proper permission are subject to the trespass provisions of ss. 810.08 and 810.09.

(b) The seaport must provide clear notice of the prohibition against possession of concealed weapons and other contraband material on the premises of the seaport. Any person in a restricted area who has in his or her possession a concealed weapon, or who operates or has possession or control of a vehicle in or upon which a concealed weapon is placed or stored, commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083. This paragraph does not apply to active-duty certified federal or state law enforcement personnel or persons so designated by the seaport director in writing.

(c) During a period of high terrorist threat level, as designated by the United States Department of Homeland Security, the management or controlling authority of the port may temporarily designate any part of the seaport property as a secure or restricted area. The duration of such designation is limited to the period in which the high terrorist threat level is in effect or a port emergency exists.

(4) ACCESS TO SECURE AND RESTRICTED AREAS.—

(a) Any person seeking authorization for unescorted access to secure and restricted areas of a seaport must possess a valid federal Transportation Worker Identification Credential (TWIC).

(b) A seaport may not charge a fee for the administration or production of any access control credential that requires or is associated with a fingerprint-based background check, in addition to the fee for the federal TWIC. Beginning July 1, 2013, a seaport may not charge a fee for a seaport-specific access credential issued in addition to the federal TWIC, except under the following circumstances:

1. The individual seeking to gain secured access is a new hire as defined under 33 C.F.R. part 105; or

2. The individual has lost or misplaced his or her federal TWIC.

(5) ADVISORY COMMITTEE.—

(a) There is created the Seaport Security Advisory Committee, which shall be under the direction of the Florida Seaport Transportation and Economic Development Council.

(b) The committee shall consist of the following members:

1. Five or more port security directors appointed by the council chair shall serve as voting members. The council chair shall designate one member of the committee to serve as committee chair.

2. A designee from the United States Coast Guard shall serve ex officio as a nonvoting member.

3. A designee from United States Customs and Border Protection shall serve ex officio as a nonvoting member.

4. Two representatives from local law enforcement agencies providing security services at a Florida seaport shall serve ex officio as nonvoting members.

(c) The committee shall meet at the call of the chair but at least annually. A majority of the voting members constitutes a quorum for the purpose of transacting business of the committee, and a vote of the majority of the voting members present is required for official action by the committee.

(d) The committee shall provide a forum for discussion of seaport security issues, including, but not limited to, matters such as national and state security strategy and policy, actions required to meet current and future security threats, statewide cooperation on security issues, and security concerns of the state’s maritime industry.

(6) GRANT PROGRAM.—

(a) The Florida Seaport Transportation and Economic Development Council shall establish a Seaport Security Grant Program for the purpose of assisting in the implementation of security plans and security measures at the seaports listed in s. 311.09(1). Funds may be used for the purchase of equipment, infrastructure needs, cybersecurity programs, and other security measures identified in a seaport’s approved federal security plan. Such grants may not exceed 75 percent of the total cost of the request and are subject to legislative appropriation.

(b) The Seaport Security Advisory Committee shall review applications for the grant program and make recommendations to the council for grant approvals. The council shall adopt by rule criteria to implement this subsection.

History.—s. 1, ch. 2000-360; s. 1, ch. 2001-112; s. 1, ch. 2003-96; s. 1, ch. 2004-261; s. 6, ch. 2005-128; s. 2, ch. 2006-193; s. 2, ch. 2009-171; s. 55, ch. 2010-5; s. 2, ch. 2011-41; s. 4, ch. 2011-51; s. 31, ch. 2016-10; s. 4, ch. 2016-239; s. 8, ch. 2022-204.

F.S. 311.12 on Google Scholar

F.S. 311.12 on Casetext

Amendments to 311.12

Arrestable Offenses / Crimes under Fla. Stat. 311.12

Level: Degree
Misdemeanor/Felony: First/Second/Third

S311.12 3b - CARRYING CONCEALED WEAPON - POSS OR IN VEH IN RESTRICTED SEAPORT AREA - M: F

S311.12 4c - CARRYING CONCEALED WEAPON - RENUMBERED. SEE REC #7176 - M: F

S311.12 5j - FRAUD-FALSE STATEMENT - REMOVE 2011-141 - F: T

S311.12 6d - FRAUD-FALSE STATEMENT - REMOVE 2011-141 - F: T

S311.12 7 - CARRYING CONCEALED WEAPON - RENUMBERED. SEE REC # 6943 - M: F

Annotations, Discussions, Cases:

Cases Citing Statute 311.12

Total Results: 20

Michael Duane Zack, III v. State of Florida

Court: Fla. | Date Filed: 2023-09-21T00:00:00-07:00

Snippet: progress of a maturing society.”); Atkins, 536 U.S. at 311–12 (quoting Trop, 356 U.S. at 100–01). And Zack’s

WINNIEFRED RAMSAY vs SOUTH LAKE HOSPITAL, KERRY L. NEALL, M.D., AND HOLLY B. SAUNDERS, M.D.

Court: Fla. Dist. Ct. App. | Date Filed: 2023-02-17T00:00:00-08:00

Snippet: Fla. 5th DCA 2020) (citing Townes, 242 So. 3d at 311–12). The allegations of the complaint, and …310 So. 3d at 115 (quoting Townes, 242 So. 3d at 311–12). We agree with the trial court that the

SPEEDWAY LLC v. GLORIA CEVALLOS

Court: Fla. Dist. Ct. App. | Date Filed: 2021-12-14T23:53:00-08:00

Snippet: v. City of Jacksonville Beach, 419 So. 2d 308, 311–12 (Fla. 1982), the court discussed the evidentiary

LU JING v. STATE OF FLORIDA

Court: Fla. Dist. Ct. App. | Date Filed: 2021-04-28T00:53:00-07:00

Snippet: was conducting an investigatory stop. See id. at 311-12 (suspect resisted by lying to officer after he

PEOPLE'S TRUST INSURANCE COMPANY v. VINCENT FARINATO

Court: Fla. Dist. Ct. App. | Date Filed: 2021-04-07T00:53:00-07:00

Snippet: deny the benefits before filing a lawsuit.” Id. at 311–12. In other words, “[t]here was never a breakdown

SOUTH BROWARD HOSPITAL DISTRICT v. ROBERTO CORTES, as Personal Representative of the Estate of DANIELA CORTES

Court: Fla. Dist. Ct. App. | Date Filed: 2020-05-20T00:53:00-07:00

Snippet: medical expert. Nat’l Deaf Acad., LLC, 242 So. 3d at 311–12. We have no difficulty or doubt in concluding

BRIAN K. SMITH v. STATE OF FLORIDA

Court: Fla. Dist. Ct. App. | Date Filed: 2019-11-05T23:53:00-08:00

Snippet: strategy. See Ferrari v. State, 260 So. 3d 295, 311-12 (Fla. 2018) (“[A] discovery violation is subject

BRIAN K. SMITH v. STATE OF FLORIDA

Court: Fla. Dist. Ct. App. | Date Filed: 2019-11-05T23:53:00-08:00

Snippet: strategy. See Ferrari v. State, 260 So. 3d 295, 311-12 (Fla. 2018) (“[A] discovery violation is subject

NORTH BROWARD HOSPITAL DISTRICT d/b/a BROWARD HEALTH CORAL SPRINGS v. MICHAEL SLUSHER

Court: Fla. Dist. Ct. App. | Date Filed: 2019-08-21T00:53:00-07:00

Snippet: testified to by a qualified medical expert.” Id. at 311– 12. The law draws a distinction between medical

HERSHEL BRYANT and BETTY BRYANT v. GEOVERA SPECIALTY INSURANCE COMPANY

Court: Fla. Dist. Ct. App. | Date Filed: 2019-05-08T00:00:00-07:00

Citation: 271 So. 3d 1013

Snippet: Goldman v. United Servs. Auto. Ass’n, 244 So. 3d 310, 311–12 (Fla. 4th DCA 2018). In Goldman, we explained

Pounds v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2019-05-01T00:53:00-07:00

Snippet: to be heard. Chambers v. State, 225 So. 3d 311, 311-12 (Fla. 3d DCA 2017). Reversed and remanded

R.J. Reynolds Tobacco Co. v. Diane Schleider, Etc.

Court: Fla. Dist. Ct. App. | Date Filed: 2018-12-26T00:00:00-08:00

Citation: 273 So. 3d 63

Snippet: proper argument”); Chin v. Caiaffa, 42 So. 3d 300, 311-12 (Fla. 3d DCA 2010) (warning that inflammatory …basis for the high award. Townsend, 90 So. 3d at 311-12. Mrs. Townsend testified that she and her husband

Florida Dept. of Children & Families, et.al. v. A.R. and R.L., Parents

Court: Fla. Dist. Ct. App. | Date Filed: 2018-08-03T00:53:00-07:00

Snippet: 2009); In re L.H., 647 So. 2d 311, 311-12 (Fla. 5th DCA 1994); see also In re

M.S., A CHILD v. STATE OF FLORIDA

Court: Fla. Dist. Ct. App. | Date Filed: 2017-11-28T23:53:00-08:00

Snippet: school’s administration. See H.N.B., 223 So. 3d at 311-12 (“[N]ot every school fight, and not every event

Philip Morris USA, Inc. v. Ledoux

Court: Fla. Dist. Ct. App. | Date Filed: 2017-10-18T00:00:00-07:00

Citation: 230 So. 3d 530

Snippet: may. properly operate.’ ” Townsend, 90 So.3d at 311-12 (quoting Bould, 349 So.2d at 1185) (affirming trial

STATE OF FLORIDA v. PETER PERAZA

Court: Fla. Dist. Ct. App. | Date Filed: 2017-08-30T00:00:00-07:00

Citation: 226 So. 3d 937, 2017 Fla. App. LEXIS 12472

Snippet: the best[.]’ ” Mullenix, [136 S.Ct. at 311-12], quoting Long v. Slaton, [508 F.3d]

Kevin G. Jeffries, Jr. v. State of Florida

Court: Fla. | Date Filed: 2017-07-13T00:00:00-07:00

Citation: 222 So. 3d 538, 42 Fla. L. Weekly Supp. 732, 2017 WL 2982120, 2017 Fla. LEXIS 1499

Snippet: 401; see also McCleskey v. Kemp, 481 U.S. 279, 311-12, 107 S.Ct. 1756, 95 L.Ed.2d 262 (1987) (refusing

Planned Parenthood of Greater Orlando, Inc., etc. v. MMB Properties, etc.

Court: Fla. | Date Filed: 2017-02-23T00:00:00-08:00

Citation: 211 So. 3d 918, 42 Fla. L. Weekly Supp. 204, 2017 WL 709484, 2017 Fla. LEXIS 370

Snippet: threshold showing. See Brock v. Brock, 667 So.2d 310, 311-12 (Fla. 1st DCA 1995); Hunter v. Pennies Contracting

Philip Morris USA Inc. v. Putney

Court: Fla. Dist. Ct. App. | Date Filed: 2016-08-31T00:00:00-07:00

Citation: 199 So. 3d 465, 2016 Fla. App. LEXIS 13217, 2016 WL 4540042

Snippet: award to the wife of the deceased smoker. Id. at 311-12. They had been married for 39 year’s. Id. at 312

City of Miami v. Navarro

Court: Fla. Dist. Ct. App. | Date Filed: 2016-03-02T00:00:00-08:00

Citation: 187 So. 3d 292, 2016 Fla. App. LEXIS 3065, 2016 WL 825443

Snippet: period of time has passed. Id. at 311-12 (emphasis added). The photograph provided