Pubdate: Mon, 22 Mar 2010
Source: Tampa Tribune (FL)
Copyright: 2010 The Tribune Co.
Contact: http://www2.tbo.com/news/opinion/
Website: http://www.tampatrib.com/
Details: http://www.mapinc.org/media/446
Author: Bruce D. Grant
Note: Bruce Grant is director of the Florida Office of Drug Control.

STATE SEAPORT SECURITY STANDARDS UNDER ATTACK

Today, Florida's 12 active public seaports are the most secure in the
country. But it was not always so.

Concern for security originated as a response to the high level of
drug trafficking in Florida. In 2000, the 15th Statewide Florida Grand
Jury concluded that Florida's commercial seaport gateways were
virtually unlocked and open to contraband traffickers, money
launderers, thieves and terrorists. The grand jury also noted that
seaports were operated in a manner that encouraged unlawful behavior.

Testimony revealed that as many as 60 percent of Port of Miami
dockworkers had felony arrests - half of which were on drug-related
charges. Criminal elements held sway through intimidation and
harassment and let it be known that the rule of law was not welcomed
on the docks.

So, the Florida Legislature commissioned a study to evaluate security
at Florida's deepwater ports. The study recommended establishing
minimum security standards for all seaports.

In 2001, F.S. 311.12 was passed into law. The first state seaport
security legislation in the United States required background checks
for all workers on seaports and imposed statewide minimum standards
aimed at drug smuggling and other crimes. The Florida Department of
Law Enforcement (FDLE) was put in charge of inspecting public seaports
to ensure they were in compliance. After Sept. 11, 2001, Florida was
able to quickly adapt the seaport security structure to include
anti-terrorism protections.

In 2002, new federal law granted the U.S. Coast Guard rule making,
sanctioning authority and enforcement primarily aimed at protecting
vessels and seaports from terrorism. These new federal rules added to
the state protections already in place. The Florida standards have
remained in force because they are tougher and more focused on
landside crime, smuggling and terrorism than those of the Coast Guard
- - a fact the Coast Guard readily acknowledges.

Since 2001, the Office of Drug Control and FDLE, with assistance from
the Florida National Guard, have been charged with the responsibility
of maintaining and enforcing security standards on the ports. FDLE's
annual port inspections have served to improve security, reduce crime
and keep our citizens safe.

In every case, FDLE inspectors have assisted port security personnel
with tightening their procedures and reducing vulnerability to
smuggling, crime and terrorist attacks. Security has improved
dramatically since 2001, and the rule of law has been restored at the
ports.

Historically, the Florida Ports Council has resisted efforts to
improve security at public ports. Improved security costs money that
they would prefer to spend on other programs. Their goal has been to
eliminate the minimum security standards in Florida law and remove any
obligation on the part of public port agencies to spend funds on
security activities. This dangerous proposal has been held in check by
the enforcement of the legislatively mandated standards by FDLE and
the refusal of the Legislature to weaken security and public safety at
Florida public seaports.

The Florida Ports Council wishes to trade public safety for increased
economic activity. However, both are possible. Compliance with the
minimal security standards has caused neither discernable economic
hardship for the ports nor any significant loss of business to their
competitors. In fact, ports have made handsome profits over the past
years. Additionally, the ports themselves note the positive business
aspects of operating a port facility relatively free of criminal activity.

During this legislative session the annual effort to weaken security
at Florida's public seaports has again emerged. As the memory of the
terrorism attacks of 9/11 fade and ports no longer are subject to
widespread criminal activity, we must remember that undoing or
significantly modifying current standards and procedures will weaken
security at our ports, allow criminal elements to once again gain
control of the docks and expose Florida's citizens and visitors to
increased risk.

Florida's current minimum security standards are working. They protect
us not only from a terrorist attack, but also from the daily criminal
drug trafficking that hurts communities, citizens and, ultimately, our
state's bottom line in very tangible and costly ways.
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MAP posted-by: Richard Lake