Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61G14 - Board of Pilot Commissioners › Chapter 61G14-11 - LICENSURE AND EXAMINATIONS › Section 61G14-11.001 - Determination of Openings for Deputy Pilots

Current through Reg. 50, No. 138; July 16, 2024
(1) The Board shall exercise its continuing
				duty to determine if there is a need for one or more new deputy pilots in any
				of the several ports of the state. The Board shall make such determination
				based upon request(s) received from licensed state pilots at the port involved,
				or it shall make such determination from information otherwise available to it.
				Licensed state pilots, at a port, who perceive a need for one or more new
				deputy pilots at that port, shall submit a written request that the Board
				declare, and publish notice of, one or more openings for deputy pilots to serve
				that port. Such request shall be acted upon by the Board at a regular or
				special meeting. Such request must contain facts which demonstrate to the Board
				that the creation of such opening(s) is necessary in order to insure that the
				supply of pilots at that port will be sufficient to meet the port's demand for
				piloting services which is anticipated to exist at the time the requested new
				deputy pilot(s) become(s) (a) licensed pilot(s). In all cases the Board shall
				make its determinations based on the supply and demand for piloting services
				and the public's interest in maintaining efficient and safe piloting
				services.
(2) Deputy pilot
				examinations are regularly scheduled for March of each year. In order for a
				port opening to be included in the next regularly scheduled examination, that
				port's initial request to create one or more openings for certified deputy
				pilots must be received at the Board office in Tallahassee, Florida, no later
				than the first business day after September 1, prior to the next regularly
				scheduled examination date. If a port's request for the declaration of openings
				for a specific number "or more" deputy pilots has been approved, that port may
				make a supplemental request for the declaration of a final specific number of
				openings which number may be more than the specific number appearing before the
				words "or more" in the initial request. Such supplemental request must contain
				the supply and demand justification required in subsection (1), and must be
				received at the Board office in Tallahassee, Florida not later than ten
				business days prior to the then scheduled examination for that port. Such
				supplemental request shall be considered and acted upon by the Board at a
				regular or special meeting of the Board held at any time prior to the
				administration of the examination. The specific number of openings declared
				upon consideration of the supplemental request shall constitute the maximum
				number of deputy pilots, for that port, to be appointed from among those who
				take the scheduled examination and thereupon become "certified" as provided by
				Section 310.081(2),
				F.S. If no such supplemental request is timely filed, the specific number
				appearing before the words "or more" in the initial request shall constitute
				the maximum number of deputy pilots, for that port, to be appointed from among
				those who take the scheduled examination and thereupon become "certified" as
				provided by Section 310.081(2),
				F.S. No new deputy pilot opening, to be filled from the participants in any
				examination, shall be approved by the Board after 23:59 hours (Eastern Time),
				of the day prior to that examination.
(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) For the purposes of this
				rule, the Board will not be deemed to be on notice of the license resignation
				of a licensed pilot until the Board is in receipt of a copy of the licensee's
				resignation letter and a copy of the Department of Business and Professional
				Regulation's letter acknowledging and accepting the resignation.
(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.
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,
					 10-9-17.