To clarify and update the rule language for definitions, contents of application by a pilot, and by persons other than a pilot.

 

DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION

Board of Pilot Commissioners

RULE NOS.:RULE TITLES:

61G14-22.001Definitions

61G14-22.005Contents of Application by a Pilot

61G14-22.006Contents of Application by Persons Other Than a Pilot

PURPOSE AND EFFECT: To clarify and update the rule language for definitions, contents of application by a pilot, and by persons other than a pilot.

SUMMARY: Language regarding definitions, contents of application by a pilot, and by persons other than a pilot will be updated.

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 determined that there was no reason to believe the amendment would increase costs and 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.

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: 310.151(1)(d) FS.

LAW IMPLEMENTED: 310.151, 310.151(2), (3) 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: Amanda Ackerman, Executive Director, Board of Pilot Commissioners, 2601 Blair Stone Road, Tallahassee, FL 32399-0790, [e-mail].

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

61G14-22.001 Definitions.

The following terms as used in these rules for rate making are defined to mean:

(1) through (3) No Change.

(4) “Compilation” means an engagement that applies limited procedures to assist management in the presentation of financial statements and report on those statements without providing any assurance that there are no material modifications that should be made to the financial statements in order for them to be in accordance with the applicable financial reporting framework.

(4) renumbered (5) No change.

(6)  “Financial Statements” means the presentation of balance sheets, statements of income and cash flows, and related notes to the financial statements derived from accounting records that purport to show actual or anticipated financial position and are intended to communicate an entity’s economic resources or obligations at a point in time, and the results of operations and cash flows for a period of time.  Financial information included in tax returns is not considered a financial statement.

(5) through (9) renumbered (7) through (11)  No change.

(12) This rule shall be reviewed 5 years after its effective date.

Rulemaking Authority 310.151(1)(d) FS. Law Implemented 310.151 FS. History–New 8-8-95, Amended 10-14-97, Formerly 61E13-2.001,                             .

 

61G14-22.005 Contents of Application by a Pilot.

Applications by a pilot for a change in rates of pilotage in order to be considered complete, shall include:

(1) Financial statements of the pilot making application prepared in accordance with accounting principles accepted in the United StatesA consolidated or combined financial statement of the pilot making application prepared in accordance with generally accepted accounting principles as defined in the Board of Accountancy rule 61H1-20.007, F.A.C. Such financial statements shall be prepared as of the fiscal year ending closest to the date on which the rate change application is filed and shall also include the financial statementscondition and the results of operation for the preceding fiscal year. The financial statements shall include the consolidated or combined financial statementscondition and the results of operations of all the entities owned or partially owned, if any, by the pilot which provides pilot-related services. The consolidated or combined financial statements shall be audited by an independent certified public accountant and shall include an unqualified opinion from that certified public accountant except where the consolidated or combined revenues of the applying pilot are less than $250,000, in which case, financial statements prepared in accordance with accounting principles accepted in the United States and compiled by a certified public accountant a compiled financial statement prepared in accordance with Statements on Standards for Accounting and Review Services promulgated by the American Institute of Certified Public Accountants and adopted by the Florida Board of Accountancy in rule 61H1-20.009, F.A.C., shall be accepted. AllThe financial statements shall include a supplemental schedule detailing all operating expenses.

(2) through (7) No Change.

(8) A compilation of projected financial statements for the two years following the current year, by a certified public accountant, which shall include projectedProjected balances sheets, projected income statements, and projected statements of cash-flows and related notes to the projected financial statementsfor the next two fiscal years indicating the impact of the requested rates, projected changes in vessel traffic and projected expenses. This statement shall be prepared in accordance with the Guide for Prospective Financial Statements promulgated by the American Institute of Certified Public Accountants and adopted by the Florida Board of Accountancy in rule 61H1-20.0094, F.A.C.

(9) through (12) No Change. 

Rulemaking Authority 310.151(1)(d) FS. Law Implemented 310.151(2), (3) FS. History–New 8-8-95, Amended 10-14-97, Formerly 61E13-2.005,_______________.

 

61G14-22.006 Contents of Application by Persons Other Than a Pilot.

Applications by persons other than a pilot or group of pilots for a change in rates of pilotage shall be filed on a form adopted by the Committee and, in order to be considered complete, shall include:

(1) through (3) No Change.

(4) If an application for a rate decrease is filed which alleges that financial hardship is caused to the applicant as a result of existing rates of pilotage, the applicant must submit financial statements justifying any such hardship claim. The financial statements shall be audited by an independent certified public accountant and shall include an unqualified opinion from that certified public accountant. The financial statements shall be prepared as of the fiscal year ending closest to the date on which the rate change application is filed and shall also include the financial condition and the results of operations for the preceding fiscal year. The financial statements shall include the consolidated or combined financial condition and the results of operations of all the entities owned or partially owned by the applicant. The financial statements shall include a supplemental schedule detailing all operating expenses for the port in question.

The applicant must also submit a compilation of projected financial statements for the next two years following the current year, by a certified public accountant, which shall include projected balance sheets, projected income statements, and projected statements of cash-flows and related notes to the projected financial statements for the next two fiscal years indicating the impact of the requested rates, projected changes in vessel traffic and projected expenses. These projections shall be prepared by a certified public accountant in accordance with the “Statements on Standards for Accountants Services on Prospective Financial Statements” published by the American Institute of CPAs and adopted by the Florida Board of Accountancy in rule 61H1-20.0094, F.A.C.;

(5) through (6) No Change.

(7) This rule shall be reviewed 5 years after its effective date.

Rulemaking Authority 310.151(1)(d) FS. Law Implemented 310.151 FS. History–New 8-8-95, Amended 10-14-97, Formerly 61E13-2.006,_________________.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Pilotage Rate Review Committee

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Pilotage Rate Review Committee

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: November 30, 2022

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: January 13, 2023