§ 28A-5. Identification cards for persons.

28A-5.1. Persons who may enter area of cargo operations or restricted area. No person, other than cruise vessel passengers engaged in the process of cruise vessel embarkation or disembarkation, shall have entry to any area of cargo operations or any restricted area unless such person possesses a current Seaport-issued identification card authorizing such access or whose access is otherwise expressly authorized under Chapter 28A. Identification cards shall be worn conspicuously on the outer garment of the bearer, in plain view above the waist. (Ord. No. 78-65, § 1, 10-4-78; Ord. No. 97-161, § 1, 9-23-97)

28A-5.2. Plan for issuance. The Director shall devise, maintain and, as required, revise a plan for the issuance of identification cards to all port employees and non-port employees working on the port. Such plan shall provide various levels of security clearance based on the security requirements of distinct areas of the port.

Such plan shall provide for ready identification of various clearance levels, based on card color: green for port employees; red for non-port employees with security access to restricted areas; blue for non-port employees with access to non-restricted public access areas; and white for non-port temporary employees which require no more than five (5) days access to port property; or such other color scheme as may be designated by the Director.

With the exception of temporary identification cards, each identification card shall:

(a)

Be issued for a period not to exceed four (4) years;

(b)

Contain a photo of the cardholder;

(c)

Contain a physical description of the cardholder, to include but not be limited to height, weight, and date of birth of cardholder;

(d)

Contain the name, title, and employer, or in the case of a port employee the employing department and division or section, of cardholder; and

(e)

Contain a unique serial number not to be repeated on any other identification card. (Ord. No. 97-161, § 1, 9-23-97; Ord. No. 98-78, § 3, 6-2-98; Ord. No. 07-57, § 1, 4-24-07)

28A-5.3. Application.

(a)

The application for a permanent identification card is to be a public record filed in writing and shall contain the applicant's:

(1)

Full current name and any previous names and aliases used;

(2)

Current residential address and all residential addresses within the past five (5) years;

(3)

Date and place of birth;

(4)

Current employer and any previous employer within the past five (5) years;

(5)

Social Security number and driver's license number as well as a copy of the applicant's driver's license to be made by Seaport Security Division personnel from the original document;

(6)

Specific reason for entry into the area of cargo operations or restricted area;

(7)

A photo of applicant taken by the Department at the time of application submission;

(8)

Fingerprints authenticated by the Miami-Dade Police Department on an identification record form furnished by the Director of the Miami-Dade Police Department.

(9)

Prior felony convictions or entries of findings of guilt (whether pursuant to a plea of guilty or nolo contendere or a judgment of conviction entered by a court of competent jurisdiction);

(10)

Signed authorization to conduct a criminal or other background check on the applicant; and

(11)

Signatures of applicant, and employer for non-port employees or immediate supervisor for port employees.

(b)

Pending final action on an application for an identification card, or for individuals on the Port for no more than five (5) total days per calendar year, the Director or his or her designee may issue a temporary identification card to non-port employees.

(c)

In addition to the information required in subsection (a) above, the Director may require the applicant to produce such further facts and evidence as may be necessary to determine whether or not the applicant possesses the qualifications necessary for an identification card.

(d)

The making of a false statement in the application for an identification card under this section shall be grounds for refusal to issue the card and also shall be a violation of Chapter 28A.

(e)

The Director may conduct or require a criminal and/or financial background check on any applicant, and may conduct or require such other background checks as the Director deems necessary.

(f)

No applicant for a Seaport identification card who, within the last ten (10) years, (i) has had a felony conviction or (ii) against whom a finding of guilty has been entered on a felony charge, shall be issued an identification card, except in the case of a Grandfathered Applicant, which shall be governed by subsection (g) below.

(g)

No Grandfathered Applicant for a Seaport identification card, who within the last ten (10) years, (i) has had a felony conviction or (ii) against whom a finding of guilty has been entered on a felony charge shall be issued an identification card, provided, however, that any felony falling within one of the following two categories shall not be considered:

(A)

Any felony conviction or finding of guilt more than five (5) years prior to the effective date of this ordinance; and

(B)

Any felony conviction or finding of guilt less than five (5) years prior to the effective date of this ordinance other than

(a)

Cargo theft;

(b)

Smuggling;

(c)

The possession with intent to sell or distribute, sale,or trafficking of narcotics or any other controlled substance;

(d)

Dishonesty, fraud, or misrepresentation;

(e)

Felony theft under Chapter 812, Florida Statutes, or its federal counterpart; or

(f)

Any violent crime committed with a weapon.

A "Grandfathered Applicant" for purposes of this subsection and subsection (f) means a person employed at the Seaport as of the effective date of this ordinance or who, prior to the effective date of this ordinance, was employed at the Seaport. Nothing in this section shall be construed to treat a felony conviction or a finding of guilt of a Grandfathered Applicant occurring subsequent to the effective date of this ordinance any differently than such a conviction or finding of guilt would be treated for an applicant under section (f),

(h)

Any applicant denied an identification card based on subsections (f) or (g) above may appeal the decision to an appeals committee, The appeals committee shall consist of five members, a member of the Miami-Dade Police Chiefs' Association, excluding the Director of the Miami-Dade Police Department, on a rotating basis, each member to serve for a period of one (1) year, the Special Agent in charge of the U.S. Customs Service in Miami or a designee, a representative of the employee's employer or, at the employer's option, the association representing the employer, the Port Director or his or her designee, and a union, labor, or employee representative. The appeals committee shall determine whether the employee shall be issued an identification card based on procedures issued by the County Manager in an administrative order.

(i)

The Director shall issue said identification card after the applicant has met the requirements of Section 28A-5 and, if applicable, the appeals committee has determined the applicant shall be issued an identification card. Alternatively, if the appeals committee determines that the applicant shall be denied a card, the Director shall issue the applicant a letter so stating. In either event, the applicant or the Director, as the case may be, shall have available the review procedures of Section 28A-7.

(Ord. No. 78-65, § 1, 10-4-78; Ord. No. 97-161, § 1, 9-23-97; Ord. No. 98-78, § 3, 6-2-98; Ord. No. 07-57, § 2, 4-24-07)

28A-5.4. Identification card for persons. Identification cards issued by the Department shall at all times remain the property of the County. As such, the Department shall at all times have the right to confiscate or demand return of the identification card of any person who violates the provisions of this chapter and to demand the return of the identification card of all persons employed by a company violating this chapter or whose lease, permit or license agreement with the County allowing use of the port has expired or has been canceled or is terminated. The identification card shall be valid for one (1) year from the date of issuance, unless sooner canceled or surrendered. Application for or acceptance of a card or pass under Sections 28A-5.3 or 28A-5.6 or entry into the area of cargo operations or other restricted area by any person shall subject such person to the reporting requirements of Section 28A-5.4. (Ord. No. 78-65, § 1, 10-4-78; Ord. No. 97-161, § 1, 9-23-97; Ord. No. 98-78, § 3, 6-2-98)

28A-5.5. Report of changes in data on application for identification card for a person. Any holder of a personal identification card shall report in writing to the Director (i) immediately any felony arrests, convictions, or findings of guilt, and, (ii) within ten (10) days of the change any other change of data in an application for a personal identification card. Failure to report such changes within the time provided or the making of a false statement in any change in information submitted shall constitute grounds for suspending the use of the card; false statements or material omissions in the change information shall be a violation of Chapter 28A. The Director or his designee may suspend or revoke the use of the card based on any felony arrest, conviction, finding of guilt or other just cause, and may reinstate the use of the card when, in his discretion, circumstances warrant, provided, however, that such power to suspend, revoke or reinstate may not be exercised in conflict with a decision of the appeals committee as set forth in Section 28A-5.3(h). Any person whose identification card has been suspended or revoked may appeal the decision to the appeals committee set forth in Section 28A-5.3(h). (Ord. No. 78-65, § 1, 10-4-78; Ord. No. 97-161, § 1, 9-23-97; Ord. No. 98-78, § 3, 6-2-98)

28A-5.6. Denial of identification card. An application for an identification card to enter into the area of cargo operations or other restricted area shall be denied by the Director if the applicant refuses to answer or falsely answers any question listed in Sections 28A-5.2 or 28A-5.4, or refuses to produce documents to verify statements made on the application. (Ord. No. 78-65, § 1, 10-4-78; Ord. No. 97-161, § 1, 9-23-97)

28A-5.7. Identification card or pass for a person: Loss, transfer, alteration or possession of altered identification cards, passes or department documents.

(a)

A person who has lost his or her valid identification card, after identifying himself or herself to the satisfaction of the Seaport Security Division, shall be issued a new identification card after such person submits a completed application for a replacement card and, upon payment of a replacement charge as set by Administrative Order.

(b)

An identification card for a person shall not be transferable at any time for any purpose.

(c)

No person shall retain or have in his or her possession and shall promptly return to the Director or his or her designee, any card, permit, pass, badge or other means of identification issued by the Director after it has expired or when such person is no longer employed on the port or upon request by the Director or his or her designee that it be returned or when otherwise required by ordinance or otherwise. Such retention shall constitute a violation of Chapter 28A of the Code of Miami-Dade County.

(d)

No person shall forge, counterfeit, alter, erase, obliterate or transfer any identification card, permit, pass, lease, record, form, badge or other instrument or document issued or maintained by the County Manager or Director, pursuant to Chapter 28A. No person shall have in his possession any forged, counterfeited, altered, erased, obliterated or transferred identification card, permit, pass, lease, record, form, badge or other instrument or document issued or maintained by the County Manager or Director pursuant to Chapter 28A. No person shall have in his possession the identification card of another individual.

(e)

In the event that any person who has an application on file for an identification card enters an area of cargo operations or a restricted area without valid identification card or being otherwise authorized, such person may have the identification card or other authorization under Chapter 28A suspended or revoked. (Ord. No. 78-65, § 1, 10-4-78; Ord. No. 81-88, § 1, 7-21-81; Ord. No. 97-161, § 1, 9-23-97; Ord. No. 98-78, § 3, 6-2-98)