1. (1) The purpose of this rule is to establish minimum standards for the physical and mental capabilities necessary to carry out the professional duties of a certificated deputy pilot or licensed state pilot, as required by Sections 310.071, 310.073 and 310.081, F.S.

2. (2) As used in this rule, the following definitions shall apply:

   1. (a) “Applicant” shall mean a person applying for initial certification as a deputy pilot;
   2. (b) “Pilot” shall mean a Florida licensed state pilot or a Florida certified deputy pilot;

   3. (c) “Certification of physical fitness” shall consist of all the following documents signed by a physician who holds an active, valid license issued pursuant to Chapter 458 or 459, F.S.:

      1. Annual certification that the applicant or pilot is fully fit and qualified to perform the duties of a deputy pilot. The certification shall occur each calendar year and shall bear a date no later than thirteen months after the date appearing on such certification most recently submitted;

      2. An original or true copy of form Dept. of. Trans., USCG, CG-719K (Rev. 1/02) entitled “Merchant Marine Personnel Physical Examination Report,” which form is incorporated herein by reference and can be obtained by contacting the Board office at 2601 Blair Stone Road, Tallahassee, Florida 32399-0790. The form shall bear a date no later than thirteen months after the date appearing on the copy of such form most recently submitted; and

      3. Documentation that the applicant or pilot, within six months prior to the date the document is submitted, has met one of the Coast Guard drug testing requirements for transactions regarding licensing as follows:

      a. Submitted documentation that the applicant or the pilot has passed a USCG drug test conducted within the past six months by a laboratory accredited by the Substance Abuse and Mental Health Services Administration, Department of Health and Human Services;

      b. Submitted documentation that the applicant or pilot has been subject to a random testing program meeting the criteria of Title 46, CFR 16.230 (December 2, 1994), for at least 60 days during the past six months and has not failed nor refused to participate in a chemical test for any controlled substances regulated under Chapter 893, F.S. (2005); or

      c. Submitted documentation demonstrating that the applicant or pilot has passed a preemployment chemical test for any controlled substances regulated under Chapter 893, F.S. (2005), within the past six months.

      The term “submitted” as used in this subsection shall mean provided to and received at the Board office at 2601 Blair Stone Road, Tallahassee, Florida 32399-0790.

3. (3) Certification of physical fitness shall be submitted at the following times:

   1. (a) Applicants – within six months prior to the date the application is submitted;
   2. (b) Pilots – not later than thirteen months following the date the most recent certification of that pilot’s physical fitness was submitted;
   3. (c) Failure to comply with this rule shall result in discipline pursuant to Section 310.101, F.S., and rule Chapter 61G14-17, F.A.C.
4. (4) Any evidence from a physical examination of a pilot which indicates that the subject has a clinical dependence upon alcohol use, or uses any controlled substance unless the subject is under the care of a physician, an advanced registered nurse practitioner, or a physician assistant and the controlled substance was prescribed by that physician, an advanced registered nurse practitioner, or physician assistant, shall subject the pilot to the provisions of Section 310.101, F.S. Proceedings thereunder shall be in accordance with the requirements of Section 120.569 and 120.57, F.S.
5. (5) Any applicant or pilot affected by the Board’s action may request a hearing in accordance with Chapter 120, F.S., and must do so within twenty-one (21) days of receipt of notice of Board action, otherwise the Board action will become a final order of the Board on the day following the last day to request a hearing.
6. (6) Nothing in this rule section shall be construed to limit the Department’s statutory authority to issue an emergency order suspending or revoking a pilot’s license or certificate where there is an immediate danger to the public health, safety, or welfare.

Rulemaking Authority 310.071(1), 310.073(3), 310.081(3), 310.185(1) FS. Law Implemented 310.071, 310.073, 310.081 FS. History–New 2-22-95, Amended 1-4-00, 6-24-03, 9-12-05, 8-10-16.