Section 61G14-11.001 - Determination of Openings for Deputy Pilots(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.Fla. Admin. Code Ann. R. 61G14-11.001
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, Amended by Florida Register Volume 43, Number 186, September 26, 2017 effective 10/9/2017.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.