The Board proposes the rule amendment to update and clarify the determination of openings for deputy pilots.

 

DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION

Board of Pilot Commissioners

RULE NO.: RULE TITLE:

61G14-11.001Determination of Openings for Deputy Pilots

PURPOSE AND EFFECT: The Board proposes the rule amendment to update and clarify the determination of openings for deputy pilots.

SUMMARY: The determination of openings for deputy pilots will be updated and clarified.

SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS AND LEGISLATIVE RATIFICATION:

The Agency has determined that this will not have an adverse impact on small business or likely increase directly or indirectly regulatory costs in excess of $200,000 in the aggregate within one year after the implementation of the rule. A SERC has not been prepared by the Agency.

The Agency has determined that the proposed rule is not expected to require legislative ratification based on the statement of estimated regulatory costs or if no SERC is required, the information expressly relied upon and described herein: During discussion of the economic impact of this rule at its Board meeting, the Board, based upon the expertise and experience of its members, determined that a Statement of Estimated Regulatory Costs (SERC) was not necessary and that the rule will not require ratification by the Legislature. No person or interested party submitted additional information regarding the economic impact at that time.

Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.

RULEMAKING AUTHORITY: 310.185 FS.

LAW IMPLEMENTED: 310.061, 310.081(1), (2) FS.

IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN THE FAR.

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Krista Woodard, Executive Director, Board of Pilot Commissioners, 2601 Blair Stone Road, Tallahassee, FL 32399-0790.

 

THE FULL TEXT OF THE PROPOSED RULE IS:

61G14-11.001 Determination of Openings for Deputy Pilots.

(1) through (2) No change.

(3) Notwithstanding the foregoing, if at any time the Board finds that the supply and demand for piloting services and the public’s interest in maintaining efficient and safe piloting services would not be served by a delay until the next regularly scheduled examination in providing for one or more new deputy pilots for any port, the board shall declare one or more openings for deputy pilots for that port and shall make provision for giving notice of and scheduling a special examination for the sole purpose of filling such opening. However, if a deputy pilot resigns, or a deputy pilot’s certificate is denied, refused or revoked, and the Board finds that the supply and demand for piloting services and the public’s interest in maintaining efficient and safe piloting services requires the vacated position to be filled without the delay of notice and examination, then the Board shall request that the Department fill the vacated position from among the applicants most recently certified by the Department, within the two years preceding the resignation, denial, refusal or revocation, for a deputy pilot opening in that port. 

(4) Other than in instances of cross licensing as permitted by Section 310.061, F.S., the licensing of a pilot to serve in more than one port, prevents the board from adequately performing its duty under Section 310.061, F.S., to assess the need for additional pilots in any of the ports to which such pilot is licensed. Therefore, other than in instances of cross licensing as permitted by Section 310.061, F.S., no person shall be eligible to become a certified deputy pilot or licensed state pilot in any Florida port so long as that person remains a licensed pilot in any other Florida port. This prohibition shall not apply where all ports for which certification or licensure is sought have been combined with each other for the purpose of licensing

(4)(5) No change.

(5) Other than in instances of cross licensing as permitted by Section 310.061, F.S., the licensing of a pilot to serve in more than one port prevents the Board from adequately performing its duty under Section 310.061, F.S., to assess the need for additional pilots in any of the ports to which such pilot is licensed. Therefore, other than in instances of cross licensing as permitted by Section 310.061, F.S., no person shall be eligible to become a certified deputy pilot or licensed state pilot in any Florida port so long as that person remains a licensed pilot in any other Florida port. This prohibition shall not apply where all ports for which certification or licensure is sought have been combined with each other for the purpose of licensing.

Rulemaking Authority 310.185 FS. Law Implemented 310.061, 310.081(1), (2) FS. History–New 3-21-76, Formerly 21SS-5.06, Amended 1-19-77, 12-7-78, 1-10-80, Formerly 21SS-5.09, Amended 5-11-87, 11-28-90, 12-23-90, Formerly 21SS-5.009, 21SS-11.001, Amended 5-11-99, 1-4-00,            .

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Board of Pilot Commissioners

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Board of Pilot Commissioners

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: May 16, 2017

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: July 12, 2017