F.S PILOTS, PILOTING, AND PILOTAGE Ch.310

Transcription

1 F.S PILOTS, PILOTING, AND PILOTAGE Ch.310 first- class unlimited pilot serving on a Great Lakes unlimited master's license; or 4. At least 2 years of towing experience during the 5-year period immediately preceding the examination, 1 year of which must have been in the capacity of master of a tugboat;barge combination of at least 5,000 gross registered tons, combined tonnage, while holding a license as master of freight and towing vessel of at least 1,000 gross registered tons upon oceans. However, except as provided in paragraph (f), the applicant may not be qualified for certification by the board unless he holds a valid license issued by the United States Coast Guard of an equal or higher grade than the lowest grade of license issued by the United States Coast Guard held by any licensed state pilot in the port in which he seeks certification, notwithstanding subparagraphs 1., 2., 3., and 4. (e) Submit full documentation of sea time through discharges, continuous discharge books, or other official documents. (f) Submit proof of sufficient maritime background and experience, except for required trips, to enable the applicant, if not already so licensed, to be eligible to obtain a valid United States Coast Guard first- class unlimited pilot's license covering all of the waters of the port in which service as a deputy pilot is intended within 90 days of the appointment as a deputy pilot. (2) The board may adopt rules authorizing equivalent combinations of service from two or more of the areas specified in subparagraphs (1)(d)1., 2., 3., and 4. However, the board may waive the maritime experience requirements prescribed in paragraph (1 )(d) when necessary to fill an opening, provided an applicant meeting such requirements has not applied for the opening and the opening has been advertised more than once. History.- s. 2. ch ; s. 3, ch ; s. 1, ch ; ss. 7, 16, ch ; s. 2, ch ; ss. 1, 2, 3, ch ; ss. 3, 10, 11, ch Note.-Repealed effective October 1, 1993, by s. 11, ch , and scheduled 2Note.- The word "meeting' was inserted by the editors Qualifications for applicants for license as state pilot.- ln addition to other requirements specified in this chapter, each applicant for license as a state pilot must: (1) Be at least 21 years of age, as evidenced by a copy of a birth certificate or other legal proof of age. (2) Have successfully completed 12 years of formal education, as evidenced by a high school diploma or by equivalent evidence thereof that is satisfactory to the board. (3) Be in good physical and mental health, as evidenced by documentary proof of having satisfactorily passed a complete physical examination administered by a licensed physician within the preceding 6 months. (4) Have had at least 2 years of service as a deputy pilot in the port in which license as a licensed state pilot is desired, which service must have been attained during the period immediately preceding the examination required under s (1). Further, at the time of application, each applicant must have a valid United States Coast Guard first- class unlimited pilot's license covering all of the waters of the port in which license as a state pilot is desired and must have successfully completed the board-approved deputy pilot training program in the port in which license as a state pilot is desired. History.- ss. 4, 11, ch 'Note.- Expires October 1, 1993, pursuant to s. 11, ch , and is scheduled for review pursuant to s Deputy pilot training program.-the licensed state pilots in each port shall submit to the board for its approval a deputy pilot training program of not less than 2 years ' duration, applicable to all deputy pilots appointed to serve at such port. The following requirements constitute the parameters within which deputy pilot training programs are to be established and carried out by the licensed state pilots at all ports in this state: (1) Upon receiving his appointment, a deputy pilot must report to the licensed state pilots at the port he is appointed to serve and must serve a period of not less than 90 days as an observer trainee. During such period: (a) The observer trainee must accompany licensed state pilots, becoming thoroughly familiar with all of the waters, the channels, the harbor, and the port under varied conditions. (b) The observer trainee must obtain a valid United States Coast Guard first-class unlimited pilot's license covering all of the waters of the port before the board may authorize him to pilot vessels within the limits and specifications established by the licensed state pilots of the port. (2) Upon completion of the observer-trainee period, the deputy pilot must submit to the board a deputy pilot vessel handling form for each vessel upon which he has accompanied a licensed state pilot. Each such form must be signed by the pilot in charge who accompanied the deputy pilot and must accurately recite: (a) The vessel's registry, length, gross tonnage, and draft; (b) The name of the berth from which or to which the vessel was piloted; (c) The weather and sea conditions encountered; (d) The time of day; (e) Any marine incidents required to be reported under s ; and (f) The comments of the pilot in charge, including whether, under his supervision, the pilot in charge turned the navigation of the vessel over to the deputy pilot. (3) Each request to increase the limits and specifications under which a deputy pilot is authorized to pilot must be submitted to the board and must be accompanied by a deputy pilot vessel handling form as provided in subsection (2) for each vessel the deputy pilot has piloted since his limits and specifications were last increased by the board. (4) For successful completion of the deputy pilot training program, a deputy pilot must have gradually been increased in his authorized limits and specifications until he has been authorized by the board to pilot vessels with a maximum draft of not more than 3 feet less than the normal maximum draft allowable in the port in which he is authorized to pilot, as proposed by the licensed state pilots in that port and approved by the board.

2 Ch.310 PILOTS, PILOTING, AND PILOTAGE F.S History.-ss. 5, 11, ch 'Note.-Expires October 1, 1993, pursuant to s. 11, ch , and is scheduled for review pursuant to s Department to examine and license state pilots and certificate deputy pilots; vacancies.- (1) The department shall examine persons who file application as state pilot in all matters pertaining to the management of vessels and in regard to their knowledge of the channels, waters, harbors, and port where they wish to serve, and, if upon examination to determine proficiency the department finds them qualified to pilot all classes of vessels liable to enter that port and thoroughly familiar with the waters, the channels, the harbor, and the port, the department shall appoint and license as state pilots such number of pilots as in the discretion of the board are required to act in the ports of the state. However, the number of pilots appointed and licensed by the department shall not exceed the number provided for in s (2) The department shall similarly examine persons who file applications for certificate as deputy pilot, and, if upon examination to determine proficiency the department finds them qualified, the department shall appoint and certificate such number of deputy pilots as in the discretion of the board are required in the respective ports of the state. A deputy pilot shall be authorized by the department to pilot vessels within the limits and specifications established by the licensed state pilots at the port where the deputy is appointed to serve. (3) Pilots will hold their licenses or certificates pursuant to the requirements of this chapter so long as they possess the qualifications set out in this chapter and remain in active service in the ports for which they are appointed. Upon resignation or in the case of disability permanently affecting a pilot's ability to serve, the state license or certificate issued under this chapter shall be revoked by the department. History.-s. 2, ch ; s. 3, ch ; s. 1, ch ; ss. 8, 16, ch ; s. 11, ch : s. 2, ch ; ss. 2, 3, ch ; ss. 10, 11, ch Note.-Repealed effective October 1, 1993, by s. 11, ch , and scheduled cf.-s Examinations Powers of the department-in addition to all other powers conferred by this chapter, the department shall have the following powers: ( 1) To issue a license as a state pilot or a certificate as a deputy pilot to a qualified applicant who passes the examination conducted by the department. (2) In the course of any investigation, to issue and serve witness subpoenas and subpoenas duces tecum and administer oaths and take testimony. (3) To require holders of licenses or certificates and applicants for licenses or certificates to submit pertinent information under oath necessary to determine their qualifications or to enforce the provisions of this chapter. (4) When any violation of this chapter or rule promulgated thereunder has occurred or is threatened by any person, to institute proceedings in the appropriate courts in this state to restrain and enjoin such actions. (5) To require an applicant for vacancy, a licensed state pilot, or a certificated deputy pilot to submit proof of his mental or physical capability to serve, or to continue to serve, as a pilot or deputy pilot. Hlstory.-s. 2, ch ; s. 3, ch ; s. 1, ch ; ss. 9, 16, ch ; s. 2, ch ; ss. 2, 3, ch ; ss. 10, 11, ch Note.-Repealed effective October 1, 1993, by s. 11, ch , and scheduled ct.-s Department of Professional Regulation; powers and duties Grounds for disciplinary action by the board.- (1) Any act of misconduct, inattention to duty, negligence, or incompetence; any willful violation of any law or rule, including the rules of the road, applicable to a licensed state pilot or certificated deputy pilot; or any failure to exercise that care which a reasonable and prudent licensed state pilot or certificated deputy pilot would exercise under the same or similar circumstances may result in disciplinary action. Examples of acts by a licensed state pilot or certificated deputy pilot which constitute grounds for disciplinary action include, but are not limited to: (a) Failure to make allowances for the foreseeable effects of wind, current, and tide. (b) Failure to obtain or properly use information available to the pilot. (c) Failure to navigate with caution in restricted visibility. (d) Navigating in channels where the depth of water under the keel is less than the prescribed bottom clearance as recommended by the licensed state pilots of that port and approved by the board. (e) Excessive speed. (f) Having a license or certificate to practice piloting revoked or suspended by the regulatory authority of another state, the Federal Government, a territory, or another country for an act which would constitute a ground for discipline if it had occurred in this state (g) Making or filing, or inducing another person to make or file, a report which the pilot knows to be false or intentionally or negligently failing to file, or willfully impeding or obstructing the filing of, a report or record required by state law or by rule of the board or the department. Such reports or records include only those which are signed by the pilot in his capacity as a licensed state pilot or certificated deputy pilot. (h) Being unable to perform the duties of a pilot with reasonable skill and safety by reason of illness or use of alcohol, drugs, narcotics, chemicals, or any other type of material or as a result of any mental or physical condition such as, but not limited to, poor eyesight or hearing, heart disease, or diabetes. In enforcing this paragraph, the department shall have authority, upon recommendation of the probable cause panel of the board, to compel a licensed state pilot or certificated deputy pilot to submit to a mental or physical examination by physicians designated by the department. The failure of a pilot to submit to such an examination when so directed constitutes an admission of the allegations against him, unless the failure is due to circumstances beyond his control, consequent upon which an emergency suspension order may be entered by the department suspending the pilot's license until he complies with the order for a compulsory mental or physical examination. A licensed state pilot or certificated deputy pilot affected under this paragraph must be afforded, at reasonable intervals, an op-

3 F.S PILOTS, PILOTING, AND PILOTAGE Ch.310 portunity to demonstrate that he can resume the competent practice of piloting with reasonable skill and safety. (i) Practicing or offering to practice beyond the scope permitted by law or accepting and performing professional responsibilities that the pilot knows or has reason to know he is not competent to perform. (j) Delegating professional responsibilities to a person when the pilot delegating such responsibilities knows or has reason to know that such person is not qualified by training, experience, or license to perform them. (k) Engaging in any practice which does not meet acceptable standards of safe piloting. (2) When the board finds any person has committed any act set forth in subsection (1 ), it may enter an order imposing one or more of the following penalties: (a) Refusing to certify to the department an application for license or certification. (b) Revoking or suspending the license or certificate. (c) Restricting the practice of the violator. (d) Imposing an administrative fine not to exceed $1,000 for each count or separate offense. (e) Issuing a reprimand. (f) Placing the licensed state pilot or certificated deputy pilot on probation for such period of time and subject to such conditions as the board may specify, including, but not limited to, requiring the pilot to submit to treatment, submit to reexamination, or undergo a complete physical examination. (3) The board shall not reinstate the license or certificate of a state pilot or deputy pilot or cause a license or certificate to be issued to a person whom it has determined to be unqualified until the board is satisfied that such person has complied with all the terms and conditions set forth in the final order and that such person is capable of safely engaging in the practice of piloting. History.-s. 2, ch ; s. 3, ch ; s. 1, ch ; ss. 10, 16, ch ; s. 2, ch ; ss. 2, 3, ch ; ss. 6, , ch Note.-Repealed effective October 1, 1993, by s. 11, ch , and scheduled for review pursuant to s cf.-s Grounds for discipline; penalties; enforcement Marine incident reports.-each collision, grounding, stranding, or other marine peril sustained by a vessel on which there was employed a licensed state pilot or certificated deputy pilot shall be reported to the office of the board or the piloting consultant within 48 hours of the occurrence. In addition, a written report shall be submitted to the department on forms and in the manner prescribed by the department within 7 days of the occurrence. However, any marine incident involving oil spillage, pollution, physical injury, or death shall be reported to the board or the piloting consultant by telephone or telegram within 24 hours of the occurrence in addition to 2 submission of the required written report. History.-s. 2, ch ; s. 3, ch ; s. 1, ch ; ss. 11, 16, ch ; ss. 13, 15, 25, 30, 34, 80, 62, ch ; s. 2, ch ; ss. 2, 3, ch ; ss. 7, 10, 11, ch Note.-Repealed effective October 1, 1993, by s. 11, ch , and scheduled 2Note.-The words "submission of" were inserted by the editors Bridge electronic navigation protection equipment; duty of pilot (1) When a piloted vessel passes under a bridge located in a harbor, in the approaches to a harbor, or in a river, and when electronic navigation protection equipment is available, it is the duty of the pilot or certificated deputy pilot on board to use the electronic navigation protection equipment. If the electronic navigation protection equipment can be utilized only in conjunction with a portable device or devices located on board the piloted vessel, it is the responsibility of the pilot to bring such device or devices on board the piloted vessel and to remove such device or devices upon completion of his duties aboard the piloted vessel. (2) In the event that any electronic navigation protection equipment or portable device associated with such equipment malfunctions during the approach of a piloted vessel to a bridge and the bridge is not visible from a distance of at least 2 miles from the piloted vessel, the pilot shall not transit the bridge and shall take any prudent action available to avoid such transit. History.-ss. 1, 2, ch ; s. 3, ch ; ss. 8, 10, 11, ch Note.-Repealed effective October 1, 1993, by s. 11, ch , and scheduled Biennial fees for licenses and certificates. -The department shall assess and collect biennially from each licensed state pilot and each certificated deputy pilot a fee, not to exceed $200 in the case of a licensed state pilot or $100 in the case of a certificated deputy pilot, such fees to be set by the board. History.-s. 2, ch ; s. 3, ch ; s. 1, ch ; ss. 12, 16, ch ; s. 2, ch ; ss. 2, 3, ch ; ss. 10, 11, ch Note.-Repealed effective October 1, 1993, by s. 11, ch , and scheduled for review pursuant to s Assessment of percentage of gross pilotage.-the department shall assess the licensed state pilots in the respective ports of the state a percentage of the gross amount of pilotage earned by such pilots during each year, which percentage will be established by the board not to exceed 2 percent, to be paid into the Professional Regulation Trust Fund by such pilots at such time and in such manner as the board prescribes or as is set forth in the Appropriations Act. The financial records of all pilots and deputy pilots relating to pilotage are subject to audit by the Auditor General. The department shall by rule set a procedure for verifying the amount of pilotage at each port and may charge costs to the appropriate port if the port does not comply with such procedure. History.-s. 2, ch ; s. 3, ch ; s. 1, ch ; s. 1, ch ; ss. 13, 16, ch ; s. 186, ch ; s. 2. ch ; s. 5, ch ; ss. 2, 3, ch ; ss. 10, 11, ch Note.-Repealed effective October 1, 1993, by s. 11, ch , and scheduled Vessels subject to pilotage.-aii vessels, except vessels exempted by the laws of the United States or vessels drawing less than 7 feet of water, shall have a licensed state pilot or certificated deputy pilot on board when entering or leaving ports of this state. Nothing herein contained shall be construed to deny the services of a state pilot to a vessel otherwise exempt who applies for such service. History.-s. 2. ch ; s. 1, ch ; s. 3, ch ; s. 1, ch ; s. 16, ch ; s. 2, ch ; ss. 2, 3, ch ; ss. 10, 11, ch Note.-Repealed effective October 1, 1993, by s. 11, ch , and scheduled for review pursuant to s

4 Ch.310 PILOTS, PILOTING, AND PILOTAGE F.S Exemption from pilotage.-united States vessels are exempted from the provisions of this chapter while transiting a private channel built, marked, maintained, and controlled for one-way traffic by a public utility for the sole purpose of servicing that facility and while under the control of a validly licensed federal pilot. History.-ss. 9, 11, ch Note.-Expires October 1, 1993, pursuant to s. 11, ch , and is scheduled for review pursuant to s Rates of pilotage.- (1) For the purposes of this section, the board shall consist of one of the pilot members of the board to be designated by the chairman of the board, one of the board members actively involved in his professional or business capacity in maritime or marine shipping to be designated by the chairman of the board, and the three board members not involved or monetarily interested in the piloting profession or in the maritime industry or marine shipping. (2) The board is granted the power under this chapter to fix, by order, rates of pilotage to be charged by licensed state pilots and certificated deputy pilots after a hearing held pursuant to the Administrative Procedure Act. Such hearing shall be held at the port area affected by a proposed rate change unless all parties to the proposed change consent to the hearing being held at another location. The rates of pilotage in effect in the ports in the state on the effective date of this act shall be collectible and enforceable until the board fixes different rates of pilotage as provided in this chapter. In addition to any other notice requirements imposed by law, the board shall provide notice of a hearing to consider changes in rates of pilotage for a particular port by publishing such notice in a newspaper of general circulation in the affected port area and mailing such notice to each person or organization which has requested advance notice of the proceedings of the board. Such publication and mailing of notice shall occur at least 14 days prior to the hearing. (3) The board shall not consider an application for a change in rates unless such application is accompanied by a financial statement, including a statement of profit or loss and a balance sheet prepared by a certified public accountant, prepared at the expense of the pilot or pilots submitting the application. (4) In fi xing rates of pilotage pursuant to subsection (2), the board shall give due regard to the following factors: (a) Length, net tonnage, gross tonnage, deadweight tonnage, freeboard or height above the waterline, and any other dimensions of the vessels to be piloted. (b) The draft of the vessels to be piloted. (c) The supply of, and demand for, pilotage services. (d) The public interest in maintaining efficient, reliable, and safe pilotage service. (e) Other factors relevant to the determination of reasonable and just rates, including any combination of two or more of the foregoing factors. History.-s. 2, ch ; s. 3, ch ; s. 1, ch ; ss. 14, 16, ch ; s. 2, ch ; s. 6, ch ; ss. 2, 3, ch ; ss. 10, 11, ch Note.-Repealed effective October 1, 1993, by s. 11, ch , and scheduled for review pursuant to s Piloting without a license; penalties. Whoever, without a license from the board, pilots any vessel on which is required a licensed state pilot or certificated deputy pilot as specified in s shall be guilty of a misdemeanor of the second degree, punishable as provided in s The vessel and its owner shall be obligated to pay to the licensed state pilots at the port where the violation occurred, on demand by said pilots, double the pilotage rates which would have otherwise been applicable, and, if the pilots in said port must resort to legal action to obtain a judgment therefor, the court shall include in its judgment a reasonable attorney's fee. Hlstory.-s. 2, ch ; s. 3, ch ; s. 1, ch ; s. 16, ch ; s. 2, ch ; ss. 2, 3, ch ; ss. 10, 11, ch Note.-Repealed effective October 1, 1993, by s. 11, ch , and scheduled for review pursuant to s Pilots may incorporate themselves.-any one or more licensed state pilots may incorporate in the manner provided under chapter 607 or chapter 621. History.-s. 2, ch ; s. 3, ch ; s. 1, ch ; s. 16, ch ; s. 3, ch. 79-9; s. 2, ch ; ss. 2, 3, ch ; ss. 10, 11, ch Note.-Repealed effective October 1, 1993, by s. 11, ch , and scheduled for review pursuant to s Corporate powers.-aii the rights, powers, and liabilities conferred or imposed by the laws of Florida relating to corporations for profit organized under chapter 607 or under chapter 608 before January 1, 1976, or to corporations organized under chapter 621 shall apply to corporations organized pursuant to s History.-s. 2, ch ; s. 3, ch ; s. 1, ch ; s. 16, ch ; s. 2, ch ; s. 23, ch ; ss. 2, 3, ch ; ss. 10, 11, ch Note.-Repealed effective October 1, 1993, by s. 11, ch , and scheduled for review purs uant to s Rulemaking.- (1) The board shall have the power to adopt rules necessary to the provisions of this act, in conformance with the provisions of chapter 120. (2) The secretary of the department is deemed to be a person substantially affected by a rule or proposed rule for the purpose of seeking an administrative determination of the invalidity of such rule or proposed rule. The secretary may seek such administrative determination of the invalidity of any rule or proposed rule on the ground that it is an invalid exercise of delegated legislative authority or an undue restriction of competition, pursuant to chapter 120. Hlstory.-s. 12, ch ; ss. 10, 11, ch Note.-Repealed effective October 1, 1993, by s. 11, ch , and scheduled 2104

5 F.S HARBORMASTERS FOR PORTS IN GENERAL Ch.313 CHAPTER 313 HARBORMASTERS FOR PORTS IN GENERAL Appointment and removal of harbormasters. Bond. Deputies. Duties. Compensation. Obstructing or resisting harbormasters; penalties Appointment and removal of harbor masters.- (1) The Governor shall appoint, subject to confirmation by the Senate, all harbormasters required for the several ports of this state. They shall hold their offices for the term of 2 years, unless sooner removed. The Governor may make such appointment or fill any vacancy in such office, between the sessions of the Legislature, by appointment ad interim. Any harbormaster may be removed for neglect or breach of duty. (2) In all counties having a population of more than 300,000, according to the last official census, the office and position of harbormaster as provided in chapters 313 and 314, is abolished. History.-ss. 1, 4, ch. 3306, 1881 ; RS 953; s. 1, ch. 5223, 1903; GS 1322; RGS 2492; CGL 3902; s. 1, ch , 1953; s. 5, ch ; s. 7, ch cf.- s Official census. ch. 314 Harbormasters for certain ports Bond.-Every harbormaster appointed for any port shall give an approved bond in the sum of $500, payable to the Governor of the state, for the faithful performance of his duty, such bond to be approved by the county commissioners of the county in which the port is situated, and by the Department of Banking and Finance, and to be filed with the Department of State. History.-ch. 3602, 1885; RS 954; GS 1323; RGS 2493; CGL 3903; ss. 10, 12, 35, ch Deputies.-Each harbormaster may appoint as many deputies as he shall require for the needs of his port, such deputies to be paid by such harbormaster. History.-ch. 3602, 1885; RS 955; GS 1324; RGS 2494; CGL Duties.-Every master of any vessel arriving at the ports in this state shall report to the harbormaster for a station, or for a berth at the wharves, and the harbormaster shall regulate and station or assign berths at the wharves to said vessel; and the harbormaster shall remove or cause to be removed, from time to time, all vessels not employed in receiving or discharging their cargoes to make room for such others as require to be more immediately accommodated for the purpose of receiving and discharging their cargoes, and to facilitate their dispatch. Said harbormasters shall be present at all times, either in person or by deputy, to facilitate by stationing or assigning berths at the wharves to vessels arriving at the port, and to facilitate them in discharging and receiving their cargoes and to prevent confusion and delay. And the harbormasters shall have full and absolute power to determine how far and in what instance it is the duty of masters, and others having charge of vessels, to accommodate each other in their respective situations. History.-RS 956; s. 2, ch. 5223, 1903; GS 1325; RGS 2495; CGL Compensation.-Harbormasters, respectively, shall receive from the master, owner or consignee of vessels coming into the port for which he is appointed for the services rendered by himself or his deputy, under the provisions of this section, not exceeding the sum of $20 for each vessel, according to the amount and value of the services rendered. History.-s. 2, ch. 5223, 1903; GS 1326; RGS 2496; CGL Obstructing or resisting harbormasters; penalties.-lf any person, master, consignee, agent, wharfinger or wharfowner, lessee of a wharf or other person shall oppose or resist the harbormaster or his deputies in the execution of duty, or disobey any order given by either of said officers as to the manner of removing or adjusting the rigging of any vessel under the control of such person, he shall be guilty of a misdemeanor of the second degree, punishable as provided ins or s Any master of a vessel who shall fail to report to the harbormaster for a berth at the wharves, on arriving in port, shall be guilty of a misdemeanor of the second degree, punishable as provided in s or s History.-s. 1, ch. 3602, 1885; s. 8, ch. 3752, 1887; RS 2745, 2746; s. 2, ch. 5223, 1903; GS 3741; RGS 5766; CGL 7996; s. 173, ch

6 Ch. 314 HARBORMASTERS FOR CERTAIN PORTS F.S CHAPTER 314 HARBOR MASTERS FOR CERTAIN PORTS Appointment. Bond. Deputies. Duties as to boarding vessel. Stationing vessels. Duties as to the loading or unloading of vessels. Fees. Change of station. Recovery of double amount Appointment.-The Governor shall appoint, subject to confirmation by the Senate, one harbormaster for each port in the state, into which have come, during the past 5 years, vessels of 500 tons burden and upwards, at the average rate of not less than 250 vessels per year, according to the records of the United States customhouse at or nearest the port for which such appointment shall be made. History.- s. 1, ch. 3752, 1887 : RS 957: GS 1327: RGS 2497: CGL 3907: s. 8, ch cf. - ch. 313 Harbormasters for ports in general Bond.-Each harbormaster so appointed shall enter into a bond in the penal sum of $2,000, with two or more sureties, payable to the Governor of the state and his successors in office, conditioned for the faithful discharge of the duties of his office, by himself and his deputies, and for the payment of any damage any person may sustain in consequence of any wrongful act of such officer or his deputy under color of his office; such bond to be approved by the county commissioners of the county in which is situated said port and by the Department of Banking and Finance, and to be filed with the Department of State. History.-s. 2, ch. 3752, 1887: RS 958: GS 1328: RGS 2498: CGL 3908: ss. 10, 12, 35, ch Deputies.-Any harbormaster so appointed may appoint deputies to assist him in the performance of his duties, he paying them for their services and being responsible for their acts. History.-s. 4, ch. 3752, 1887: RS 960: GS 1330: RGS 2500: CGL Duties as to boarding vessel.-the harbormaster, by himself or deputy, shall board every vessel entering the port for which he is appointed, after such vessel has been released by the health authorities of the port, demand of the master the certificate of the vessel's release by such health authorities and deliver the same within 24 hours to the Department of Health and Rehabilitative Services; but it is unlawful for any such officer, in boarding such vessels under this section, to solicit from such vessel any business either for himself or anyone else, and any violation of this provision by any such officer shall subject him to removal from his said office, by the Governor, if such violation be committed by the harbormaster, and, if committed by any deputy harbormaster, then, by the harbormaster, who in such cases shall remove promptly such deputy'. History.-s. 5, ch. 3752, 1887: RS 961: GS 1331: RGS 2501 ; CGL ; ss. 19, 35, ch : s. 50, ch Stationing vessels.-the master of every vessel arriving in a port for which a harbormaster shall be appointed, under the provisions of this chapter, shall apply to such harbormaster, or one of his deputies, for a station in the stream, or a berth at the wharves, and the harbormaster or his deputy shall forthwith station such vessel in the stream or at the wharves, as the case may be, so as to best facilitate the loading or discharge of such vessel, and at the same time interfere as little as possible with other vessels in the vicinity; but in stationing vessels at wharves or assigning them berths thereat, he shall conform in every instance to the wishes of the managers of such wharves as to their location at the same. History.- s. 6, ch. 3752, 1887: RS 962: GS 1332; RGS 2502; CGL Duties as to the loading or unloading of vessels.-the harbormaster appointed under the provisions of this chapter shall be present at all times, either in person or by deputy, to facilitate the loading or unloading of vessels by assigning to them berths at the wharves, and by requiring each to accommodate others needing more immediate accommodation, in accordance with the provisions of s History.-s. 7, ch. 3752, 1887; RS 963; GS 1333; RGS 2503; CGL Fees.-Such harbormaster shall receive from the master, owner or consignee of vessels coming into the port for which he is appointed under this chapter, for the services rendered by himself or deputy, under the provisions of this chapter, not exceeding the sum of $20, according to the amount and value of the services rendered. History.-s. 9, ch. 3752, 1887; RS 965; GS 1334; RGS 2504; CGL Change of station.-should any vessel, after having been stationed by such harbormaster, require a change of station, application shall be made by the manager of such wharf to such officer, and he shall make such change, for which he shall receive no compensation, unless the vessel requiring such change requires to be removed to another wharf or out into the stream. History.-s. 9, ch. 3752, 1887; RS 966; GS 1335; RGS 2505; CGL Recovery of double amount-whenever any fee or compensation due the harbormaster under the provisions of this chapter is not paid within 48 hours from the rendition of the services for which the same is due, such officer may then demand the same from the master or his consignee, and upon refusal of payment may sue for and recover from the person owing the same double the amount which has been so demanded. History.-s. 10, ch. 3752, 1887: RS 967: GS 1336: RGS 2506: CGL

7 F.S PORT FACILITIES FINANCING Ch Short title. Definitions. Grant of powers. Promoting and advertising port facilities. Other consents or approvals; use of state lands. Port facilities bonds. Sources of payment and security for bonds. Contracts for borrowing of money. Trust agreement or resolution. Remedies. Refunding bonds. Exemption from taxation. Bonds, legal investments. Action by resolution. Public purposes. Additional and alternative method. Liberal construction Short title.-this law shall be known and may be cited as the "1959 Port Facilities Financing Law." History.-s. 1, ch Definitions.-As used in this law, the following words and terms shall have the following meanings: (1) The term "port district" or the word "district" shall mean any district created by or pursuant to the provisions of any general or special law and authorized to own or operate any port facilities. (2) The term "port authority" or the word "authority" shall mean any port authority in Florida created by or pursuant to the provisions of any general or special law or any district or board of county commissioners acting as a port authority under or pursuant to the provisions of any general or special law. (3) The word "county" shall mean any county and the word "municipality" shall mean any municipality in Florida. (4) The word "unit" shall mean any county, port district, port authority or municipality. (5) The term "governing body" shall mean the board or body in which the general legislative powers of a unit shall be vested. (6) The term "port facilities" shall mean and shall include harbor, shipping, and port facilities, and improvements of every kind, nature, and description, including, but without limitation, channels, turning basins, jetties, breakwaters, public landings, wharves, docks, markets, parks, recreational facilities, structures, buildings, piers, storage facilities, public buildings and plazas, anchorages, utilities, bridges, tunnels, roads, causeways, and any and all property and facilities necessary or useful in connection with the foregoing, and any one or more or any combination thereof and any extension, addition, betterment or improvement of any thereof. (7) The word "cost" as applied to any port facilities shall mean and shall include the cost of acquisition or construction, the cost of all labor, materials, machinery and equipment, the cost of all lands, property, rights, easements and franchises acquired, financing charges, CHAPTER 315 PORT FACILITIES FINANCING 2107 interest prior to and during construction and for 1 year after completion of construction, cost of plans and specifications, surveys and estimates of cost and of revenues, cost of engineering and legal services, all other expenses necessary or incident to determining the feasibility or practicability of such construction, the cost of acquiring or improving, enlarging and extending existing port facilities and preparing the same for sale or lease to provide funds for financing port facilities under the provisions of this law if, in the determination of the governing body, such acquisition, such improvement, enlargement and extension or such preparation for sale or lease are necessary to such financing, administrative expenses and such other expenses as may be necessary or incident to any financing herein authorized. Any obligation or expense heretofore or hereafter incurred by a unit in connection with any of the foregoing items of cost may be regarded as a part of such cost and reimbursed to the unit out of the proceeds of port facilities bonds issued under the provisions of this law. History.-s. 2, ch ; s. 1, ch Grant of powers.-each unit is hereby authorized and empowered: (1) To acquire, construct, lease, operate and maintain any port facilities either within or without or partly within and partly without the corporate limits of the unit, or within or partly within the corporate limits of any other unit on property owned or acquired by it; provided, however, that no unit shall acquire, construct, lease, operate or maintain port facilities other than channels or turning basins in any county of the state other than the county in which such unit is located without securing the prior approval or consent of the unit or units in which such port facilities are proposed to be located, which approval or consent, if given, shall be evidenced by a resolution or ordinance duly adopted. (2) To acquire by purchase, grant, gift or lease or by the exercise of the right of eminent domain and to hold and dispose of any property, real or personal, tangible or intangible, or any right or interest in any such property, for or in connection with any port facilities, whether or not subject to mortgage, liens, charges or other encumbrances. (3) To add to or extend, or cause or permit to be added to or extended, any existing lands or islands now or hereafter owned by a unit bordering on or being in any waters by the pumping of sand or earth from any land under water or by any other means of construction, as a part of or for the purpose of providing any port facilities or for the purpose of improving, creating or extending any property of the unit for use of or disposal by the unit. (4) To construct, or cause or permit to be constructed, an island or islands in any waters by the pumping of sand or earth from any land under water or by any other means of construction, as a part of or for the purpose of providing any port facilities.

8 Ch.315 PORT FACILITIES FINANCING F.S (5) To construct any bridge, tunnel, road or causeway, or any combination thereof, to, from or between any port facilities. (6) To dredge or deepen harbors, channels and turning basins, to cooperate with the United States or any agency thereof in the dredging or deepening of any harbor, channel or turning basin, to enter into contracts with the United States or with any agency thereof concerning any such dredging or deepening project, and to pay such amounts to the United States or any agency thereof or to others as shall be required by the terms of any such contract. (7) To fill in, extend and enlarge, or cause or permit to be filled in, extended and enlarged, any existing port facilities, to demolish and remove any and all structures thereon or constituting a part thereof, and otherwise to prepare the same for sale or lease to provide funds for financing port facilities under the provisions of this law. (8) To acquire any existing port facilities and to fill in, extend, enlarge or improve the same, or to cause or permit the same to be extended, enlarged or improved, for any public purpose or for sale or lease for the purpose of providing funds for the acquisition by the unit of any port facilities or for the payment of bonds, notes or other obligations of the unit for or in connection with any port facilities. (9) To sell at public or private sale or lease for public or private purposes all or any portion of any port facilities now or hereafter owned by the unit, including any such facilities as extended, enlarged or improved, and all or any portion of any property of the unit improved, created, extended or enlarged under the authority of this law, on such terms and subject to such conditions as the governing body shall determine to be in the best interests of the unit. (10) To contract for the purchase by the unit of any port facilities to be constructed, enlarged, extended or improved by any public body, agency or instrumentality or by any private person, firm or corporation, and to provide for payment of the purchase price thereof in such manner as may be deemed by the governing body to be in the best interests of the unit, including, but without limitation, the sale or exchange of any property of the unit therefor or the issuance of bonds or other obligations of the unit. (11) To accept loans or grants of money or materials or property at any time from the United States or the State of Florida or any agency, instrumentality or subdivision thereof, upon such terms and conditions as the United States, the State of Florida, or such agency, instrumentality or subdivision may impose. (12) To exercise jurisdiction, control and supervision over any port facilities now or hereafter acquired, owned or constructed by the unit. (13) To operate and maintain, and to fix and collect rates, rentals, fees and other charges for any of the services and facilities provided by the port facilities now or hereafter acquired, owned or constructed by the unit excluding state bar pilots. (14) To lease or rent, or contract with others for the operation of all or any part of any port facilities now or hereafter acquired, owned or constructed by the unit, on such terms and for such period or periods and subject 2108 to such conditions as the governing body shall determine to be in the best interests of the units. (15) To contract debts for the acquisition or construction of any port facilities or for any other purposes of this law, to borrow money, to make advances, and to issue bonds or other obligations to finance all or any part of such acquisition or construction or in the carrying out of any other purposes of this law. ( 16) To make advances to the United States or any agency or instrumentality thereof in connection with any port facilities, including the dredging or deepening of any harbor, channel or turning basin to serve any port facilities. (17) To enter on any lands, waters or premises, within or without the unit or within the corporate limits of any other unit, for the purpose of making surveys, soundings and examinations with relation to any existing or proposed port facilities. (18) To contract with the United States or the State of Florida or any agency or instrumentality thereof or with any public body or political subdivision or with any private person, firm or corporation with reference to any of the powers hereby granted. (19) To perform any of the acts hereby authorized through or by means of its own officers, agents or employees or by contract. (20) To do all acts and things and to enter into all contracts and agreements necessary or convenient to carry out the purposes of this law. (21) To expend funds to finance the cost of implementing recommendations made pursuant to s to mitigate the adverse impacts of inlets on beaches. History.-s. 3, ch ; s. 1, ch ; s. 10, ch Promoting and advertising port facilities. (1) Each unit is authorized and empowered: (a) To publicize, advertise and promote the activities and port facilities herein authorized; (b) To make known the advantages, facilities, resources, products, attractions and attributes of the activities and port facilities herein authorized; (c) To create a favorable climate of opinion concerning the activities and port facilities herein authorized; (d) To cooperate with other agencies, public and private, in accomplishing these purposes; (e) To enter into agreements with the purchaser or purchasers of port facilities bonds issued under the provisions of this law to establish a special fund to be set aside from the proceeds of the revenues collected under the provisions of s (13), during any fiscal year, for the promotional activities authorized herein. Nothing herein shall be construed to authorize any unit to expend funds for meals, hospitality, amusement or any other purpose of an entertainment nature. (2) All obligations, expenses and costs incurred under the provisions of this section shall be paid from such fund when vouchers thereof, approved by the governing body of the unit, are exhibited to the responsible authority making disbursements for the governing body. History.-s. 1, ch Other consents or approvals; use of state lands.-except as hereinafter provided in this section,

9 F.S PORT FACILITIES FINANCING Ch.315 and except as provided ins (1), the approval or consent of any other political subdivision or public body, agency or instrumentality of the State of Florida, except the Board of Trustees of the Internal Improvement Trust Fund, shall not be required for the exercise of any of the powers granted by this law. Any municipality located in a county authorized by law to operate port facilities or in which there is a port district or a port authority shall exercise any powers granted by this law only if the governing body of such county, port district or port authority shall by resolution determine that the best interests of the county will be served thereby and consent thereto. The State of Florida hereby consents to the exercise of any and all powers granted by this law without further authorization or approval thereof by any of its agencies or instrumentalities, except as may be required from the Board of Trustees of the Internal Improvement Trust Fund as to the use of any state lands lying under water which are necessary for the accomplishment of the purposes of this law. History.-s. 4, ch ; ss. 27, 35, ch Port facilities bonds.- (1) The governing body is authorized to provide by resolution, at one time or from time to time, for the issuance of bonds of a unit for the purpose of paying all or a part of the cost of any one or more port facilities. The bonds of each issue or series shall be dated, shall bear interest at such rate or rates, and shall mature at such time or times not exceeding 40 years from their date or dates, as may be determined by the governing body, and may be made redeemable before maturity, at the option of the unit, at such price or prices and under such terms and conditions as may be fixed by the governing body prior to the issuance of the bonds. (2) The governing body shall determine the form of the bonds including any interest coupons to be attached thereto, and the manner of execution of the bonds, and shall fix the denomination or denominations of the bonds, and the place or places of payment of principal and interest, which may be at any bank or trust company within or without the state. In case any officer whose signature or a facsimile of whose signature shall appear on any bonds or coupons shall cease to be such officer before the delivery of such bonds, such signature or such facsimile shall nevertheless be valid and sufficient for all purposes the same as if he had remained in office until such delivery, and any bond may bear the facsimile signature of, or may be signed by, such persons as at the actual time of the execution of such bond shall be the proper officers to sign such bond although at the date of such bond such persons may not have been such officers. (3) Notwithstanding any other provisions of this law or any recitals in any bonds issued under the provisions of this law, all such bonds shall be deemed to be negotiable instruments under the laws of Florida. The bonds may be issued in coupon or in registered form, or both, as the governing body may determine, and provision may be made for the registration of any coupon bonds as to principal alone and also as to both principal and interest, for the reconversion into coupon bonds of any bonds registered as to both principal and interest, and for the interchange of coupon and registered bonds. The issuance of such bonds shall not be subject to any limitations or conditions contained in any other law, and any bonds issued by a unit under this law shall not be considered in computing the amount of indebtedness which the unit may incur under any other law. (4) The governing body may sell such bonds in such manner, either at public or private sale, and for such price as it may determine to be for the best interests of the unit. Prior to the delivery of definitive bonds, the unit may issue interim receipts or temporary bonds, with or without coupons, exchangeable for definitive bonds when such bonds have been executed and are available for delivery. (5) The governing body may also provide for the replacement of any bonds which shall become mutilated or be destroyed or lost. Bonds may be issued under the provisions of this law without obtaining the consent of any commission, board, bureau or agency of the state, and without any other proceeding or the happening of any other condition or thing than those proceedings, conditions or things which are specifically required by this law. History.-s. 5, ch ; s. 25, ch ; s. 1, ch Sources of payment and security for bonds. (1) The governing body may provide that bonds issued under the provisions of this law shall be payable from and secured by a pledge of any one or more of the following sources : (a) Revenues of any one or more port facilities now owned or hereafter acquired or constructed by the unit; (b) Proceeds of the sale or lease of all or any part of any port facilities now or hereafter owned by the unit as such facilities may be extended, enlarged or improved, or of any property of the municipality improved, created, extended or enlarged or prepared for sale or lease under the authority of this law; (c) Any money received by the unit from the United States or any agency or instrumentality thereof in connection with any port facilities or in repayment of any advances made by the unit for all or any part of the cost of any port facilities. (2) The governing body may provide that such bonds shall be general obligations of the unit for which the full faith, credit and taxing power of the unit shall be additionally secured by a pledge of revenues, sale or lease proceeds or money received by the unit from the United States or any agency or instrumentality thereof as herein authorized. The governing body of such unit may provide that such bonds shall be payable as to principal and interest in the first instance from such revenues, sale or lease proceeds or money received by the unit from the United States or any agency or instrumentality. The governing body of any unit may additionally secure any such bonds by a mortgage or other encumbrance, subject to such terms and conditions as it shall provide, upon all or any part of any port facilities now or hereafter owned by the unit, as such facilities may be extended, enlarged or improved, or of any property of the unit improved, created, extended or enlarged or prepared for sale or lease under the authority of this law, and the governing body is hereby authorized to sell at 2109