The proposed rule change amends the procedures followed in processing an application to change or fix the rates of pilotage.

DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION
Pilotage Rate Review Board

RULE NO: RULE TITLE
61E13-2.007: Processing of Application
PURPOSE AND EFFECT: The proposed rule change amends the procedures followed in processing an application to change or fix the rates of pilotage.
SUMMARY: The proposed rule amends the procedures followed in processing an application to change or fix the rates of pilotage.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: No Statement of Estimated Regulatory Cost was prepared.
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.
SPECIFIC AUTHORITY: 310.151(1)(c) FS.
LAW IMPLEMENTED: 310.151 FS.
IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN FAW.
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Robyn Barineau, Executive Director, Pilotage Rate Review Board, Department of Business and Professional Regulation, Northwood Centre, 1940 North Monroe Street, Tallahassee, FL 32399-0750

THE FULL TEXT OF THE PROPOSED RULE IS:

61E13-2.007 Processing of Application.

To ensure insure adequate time for comment to be received from the general public as well as all persons affected by the proposed fixing or changing of pilotage rates, and to ensure insure adequate time for the Board to properly investigate and report on the facts supporting the change in rates, the following procedures are established.

(1) Every application to fix or change the rates of pilotage shall be submitted to the Board with the original and seven (7) copies to expedite required distribution. In addition, any person other than a pilot or group of pilots filing the application shall serve by certified mail a copy of the application on a licensed state pilot or group of licensed state pilots at the port in question.

(2) An application fee of $150 must be submitted to the Board upon the filing of the application for a rate change.

(2)(3) Upon receipt of the application, the staff of the Board shall promptly review the application for facial completeness and compliance with Rule 61E13-2.005 or 61E13-2.006, F.A.C., respectively. The Board staff shall promptly notify the applicant of any incomplete items. The time periods in the following paragraphs shall not begin to run until the application is facially complete. The application shall be deemed complete if the staff does not notify the applicant of any incompleteness within 30 days of receipt of the application. Upon a determination of facial completeness, the Board staff shall promptly notify every person who has previously requested receipt of notice of the filing of applications for a particular port and advise them that an application has been filed for the port by whom it was filed, and how a copy of the application may be obtained.

(3)(4) Upon determination of facial completeness of the application by the Board staff, the Chairman of the Board, or the Vice Chairman in the event of his absence shall immediately appoint an investigation committee to consist of members of the Department staff to review, investigate and certify to the Board the information presented in the application. The investigation committee shall conclude its investigation within 20 days of the publication of the notice referenced in subsection (5) below. In the event that additional time is requested by the investigation committee, the Chairman of the Board shall, for good cause, grant a reasonable extension up to five additional business days. Good cause shall include intervening holidays, unavoidable delays in receipt of information necessary for a proper investigation, or any other reason for which such an extension would be granted in a judicial proceeding. The investigation committee shall prepare a report of the investigation which shall be filed, no later than 10 days prior to the public hearing, with the Executive Director of the Board who shall immediately send a copy to each member of the Board as well as to any other person requesting a copy. Any changes or additions to the original application must be sent in the form of a revised application with seven (7) copies, and must be received by the Board Office five (5) business days prior to the completion date of the investigation. The filing of a revised application begins the application process anew requiring the Board staff to review the revised application for completeness within 30 days as provided in subsection (2)(3).

(4)(5) Upon determination of completeness of the application, the Board’s Chairman or the Vice Chairman in the event of his absence shall schedule a public hearing on the application for the change in rates of pilotage. The Board shall provide notice in the next available issue of the Florida Administrative Weekly and in a newspaper of general circulation in the affected port area and by mailing such notice to each person or organization which has requested advance notice of hearings relating to rates of pilotage. The notice shall state that an application for a change in the rates of pilotage has been filed with the Board, state the affected port, contain a brief statement summarizing the requested change in rates of pilotage and state the time, date and place of the public hearing and site visit to the port to be conducted prior to the public hearing. The notice shall also include instructions for obtaining a copy of the application and a copy of the investigation committee’s report to the Board when it becomes available. The notice shall advise all interested parties that they may file an answer, an additional or alternative application, or any other applicable pleading or response, including all documentation in support thereof submitted within 30 days after the date of publication of the notice, and the notice shall specify the last date by which any such pleading must be filed. Such publication and mailing of notice shall occur at least fourteen forty-five days prior to the hearing. The Board, through its Chairman, shall, for good cause, extend the period for responses to a petition for up to five business days. Good cause shall include intervening holidays, unavoidable delays in receipt of information necessary for a proper response, or any other reason for which such an extension would be granted in a judicial proceeding.

(5)(6) The filing of an additional or alternative application by an interested party shall require that the application be considered for completeness, and upon such determination being made, shall be consolidated with the original pending application. The investigation and the public hearing proceeding shall not occur until that determination has been made and all pending applications are consolidated.

(6)(7) The Board shall conduct a visit of the port in question before the public hearing for the purpose of familiarizing itself with the port and the pilot station to assist the Board in analyzing the application.

(8) The Board shall conclude its investigation, conduct a public hearing, and determine whether to modify the existing rates of pilotage in that port within 60 days after the filing of the completed application, except that the Board may not be required to complete a hearing for more than one port within any 60-day period.

(7)(9) The public hearings shall be held in the affected port area, unless a different location is agreed upon by all parties to the proceeding.

Rulemaking Specific Authority 310.151(1)(c) FS. Law Implemented 310.151 FS. History–New 8-8-95, Amended 10-14-97,________.

NAME OF PERSON ORIGINATING PROPOSED RULE: Pilotage Rate Review Board
NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Pilotage Rate Review Board
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: December 9, 2009
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: October 16, 2009