CopyCited 2 times | Published | Florida 1st District Court of Appeal | 11 Fla. L. Weekly 1881
...trative Hearings denying their challenge to Florida Administrative Code Rule 21SS-8.10. We reverse. In 1975 the Legislature established the Board of Pilot Commissioners within the Division of Professions of the Department of Professional Regulation. Section 310.001, Florida Statutes, empowered the Board to perform such duties and exercise such powers to protect the waters, harbors and ports of the State as are conferred by Chapter 310, Florida Statutes....
...ners (the Board) that certain pilots in Tampa Bay were claiming that neither the State of Florida nor the Coast Guard had jurisdiction to regulate shifting activities in Tampa Bay (moving ships from one place to another). Acting pursuant to sections
310.001 and
310.141, Florida Statutes, the Board promulgated *1247 Rule 21SS-8.10, Florida Administrative Code, to deal with shifting activities in Tampa Bay....
...ls are required to take a state pilot. The phrase used "except vessels exempted by the laws of the United States" is a more accurate description of the vessels that may be required to take state pilots in bays, harbors, rivers, and ports of a state. Section 310.001, Florida Statutes (1983), provides it is the legislative intent to regulate pilots and pilotage on navigable waters of this state in order to protect the resources, environment, life, and property to the fullest extent possible....
...on the bay, does not constitute entering or leaving a state port within the meaning of section
310.141. It is elemental that we cannot substitute our judgment of the facts for that of the hearing officer. §
120.68(10), Fla. Stat. (1985). III. Since section
310.001 states that chapter 310 is intended to regulate piloting of vessels in "the waters, harbors, and ports of the state" to the "fullest extent possible," I find no legal or factual basis for concluding that rule 21SS-8.10 exceeds the statutory jurisdiction granted to the Board of Pilot Commissioners....
...tute. In contrast to the situation in Amos, in the instant case the explicit purpose of section
310.141 is to regulate pilotage in the waters of Florida "to the full extent of any congressional grant of authority, except as limited in this chapter." §
310.001, Fla....
...he navigable waters of this state incident to entering or leaving the ports of this state. I decline to hold that the rule is an invalid exercise of delegated legislative authority and would hold that the appealed order should be affirmed. NOTES [1] Section 310.001 states: PURPOSE....
CopyCited 1 times | Published | Supreme Court of Florida
& Tyler’s Pl., p. 329; 1 Beach Modern Eq. Pr., § 310; 1 Daniel Chy. Pl. & Pr. *661; Jourolmon v. Massengill
CopyPublished | Florida 1st District Court of Appeal | 2015 Fla. App. LEXIS 11894, 2015 WL 4731413
...been granted. Therefore, we grant the petition for writ of prohibition and quash the orders denying the motion. Background Chapter 310, Florida Statutes (2014), governs pilots, piloting, and pilotage in the waters, harbors, and ports of Florida. See § 310.001, Fla....
