Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61G14 - Board of Pilot Commissioners › Chapter 61G14-22 - APPLICATION PROCEDURES › Section 61G14-22.007 - Processing of Application

Current through Reg. 50, No. 138; July 16, 2024
To 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 insure adequate time for the Committee 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 Committee 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 Committee upon the filing of the application for a rate
				change.
(3) Upon receipt of the
				application, the staff of the Committee shall promptly review the application
				for facial completeness and compliance with rule
				61G14-22.005 or
				61G14-22.006, F.A.C.,
				respectively. The Committee 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 Committee 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.
(4) Upon determination
				of completeness of the application by the Committee staff, the Chair of the
				Committee, or the Vice Chair in the event of his or her absence shall
				immediately appoint an investigation committee to consist of members of the
				Department staff to review, investigate and certify to the Committee 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 Chair of the Committee 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 Committee who shall immediately send a copy to each member of the Committee
				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 Committee 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
				Committee staff to review the revised application for completeness within 30
				days as provided in subsection (3).
(5) Upon determination of completeness of the
				application, the Committee's Chair or the Vice Chair in the event of his or her
				absence shall schedule a public hearing on the application for the change in
				rates of pilotage. The Committee shall provide notice in the next available
				issue of the Florida Administrative Register 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 Committee, 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 Committee 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 forty-five days prior to
				the hearing. The Committee, through its Chair, 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.
(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.
(7) The Committee
				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 Committee in analyzing the application.
(8) The Committee 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 Committee may not be required to
				complete a hearing for more than one port within any 60-day period.
(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 Authority
					 310.151(1)(d)
					 FS. Law Implemented 310.151
					 FS.
New 8-8-95, Amended 10-14-97, Formerly
					 61E13-2.007.