The Board proposes the rule amendment to update the standards for the physical and mental capabilities of state pilots in accordance with HB 423.

 

DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION

Board of Pilot Commissioners

RULE NO.:RULE TITLE:

61G14-20.001Deputy Pilots' and State Pilots’ Physical and Mental Capabilities

PURPOSE AND EFFECT: The Board proposes the rule amendment to update the standards for the physical and mental capabilities of state pilots in accordance with HB 423.

SUMMARY: The standards for the physical and mental capabilities of state pilots in accordance with HB 423 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, 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(1) FS.

LAW IMPLEMENTED: 310.071, 310.073 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: Thomas Campbell, Executive Director, Board of Pilot Commissioners, 1940 North Monroe Street, Tallahassee, Florida 32399-0750

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

61G14-20.001 Deputy Pilots’ and State Pilots’ Physical and Mental Capabilities.

(1) The purpose of this rule is to establish minimum standards for the physical and mental capabilities necessary to carry out the professional duties of a certificated deputy pilot or licensed state pilot, as required by Sections 310.071, and 310.073, and 310.081, F.S.

(2) through (3) No change

(4) Any evidence from a physical examination of a pilot which indicates that the subject has a clinical dependence upon alcohol use, or uses any controlled substance (with zero tolerance) unless the subject is under the care of a physician, an advanced registered nurse practitioner, or a physician assistant and the controlled substance was prescribed by that physician, advanced nurse practitioner, or physician assistant, shall subject the applicant or pilot to the provisions of Section 310.101, F.S. Proceedings thereunder shall be in accordance with the requirements of Section 120.569 and 120.57, F.S.

(5) through (6) No change.

Rulemaking Specific Authority 310.071(1) 310.073(3), 310.081(3), 310.185(1) FS. Law Implemented 310.071, 310.073, 310.081, FS. History–New 2‑22‑95, Amended 1-4-00, 6-24-03, 9-12-05,                               .

 

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 9, 2016

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: May 26, 2016