The 2023 Florida Statutes (including Special Session C)

Title XXII
PORTS AND HARBORS

Chapter 310
PILOTS, PILOTING, AND PILOTAGE

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F.S. 310.141

310.141 Vessels subject to pilotage.—

(1) All vessels shall have a licensed state pilot or certificated deputy pilot on board to direct the movements of the vessel when entering or leaving ports of this state or when underway upon the navigable waters of the bays, rivers, harbors, and ports of this state, except:

(a) Vessels exempted by the laws of the United States;

(b) Monohulled vessels drawing less than 7 feet of water;

(c) Multihulled, swath, or nondisplacement vessels for which the product of the length overall and extreme beam is less than 6,000 square feet, and which draw less than 7 feet of water;

(d) Any vessel, when docking or undocking; or

(e) Any vessel, when moving about within a shipyard or moving between a shipyard and a berth or slip directly adjacent to the shipyard.

(2) A vessel is docking or undocking when a tug or tugs are assisting the vessel, or the vessel is making use of a bow thruster or other lateral thrust devices incorporated into the vessel itself, in close proximity to the dock, with the vessel under the direction or control of the master, docking master, licensed state pilot, or certificated deputy pilot. If the vessel that is docking or undocking is under the direction or control of the master or docking master, such direction or control must have been delivered from the licensed state pilot or be in the process of being delivered to the licensed state pilot.

(3) Nothing in this section shall be construed to deny the services of a licensed state pilot to a vessel otherwise exempt who applies for such service.

History.—s. 2, ch. 75-201; s. 1, ch. 75-238; s. 3, ch. 76-168; s. 1, ch. 77-457; s. 16, ch. 78-140; s. 2, ch. 81-318; ss. 2, 3, ch. 84-185; ss. 10, 11, ch. 86-280; s. 2, ch. 89-262; s. 7, ch. 90-54; s. 5, ch. 90-144; s. 4, ch. 91-429; s. 349, ch. 94-119.

F.S. 310.141 on Google Scholar

F.S. 310.141 on Casetext

Amendments to 310.141

Arrestable Offenses / Crimes under Fla. Stat. 310.141

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 310.141.

Annotations, Discussions, Cases:

Cases from cite.case.law:

UNITED STATES v. GREENPEACE, INC., 314 F. Supp. 2d 1252 (S.D. Fla. 2004)

. . . . § 310.141. That suggestion, however, is wholly unpersuasive. . . .

TAMPA PORT AUTHORITY, Co. v. M V DUCHESS, In BT In v. W., 65 F. Supp. 2d 1279 (M.D. Fla. 1997)

. . . . § 310.141. Ware failed to turn the DUCHESS into the slip in a timely manner. . . .

E. RABREN, v. DEPARTMENT OF PROFESSIONAL REGULATION, DEPARTMENT OF PROFESSIONAL REGULATION, v. BOARD OF PILOT COMMISSIONERS, E., 568 So. 2d 1283 (Fla. Dist. Ct. App. 1990)

. . . BACKGROUND The statutes and administrative rules pertinent to the instant case are as follows: Section 310.141 . . . were to direct a pilot who held only a federal license to pilot a ship in a situation where section 310.141 . . . However, the court noted: Section 310.141, Florida Statutes, requires state-licensed pilots on foreign . . . Since Tampa Bay consists of at least four ports, section 310.141 may already apply to shifting activities . . . The holding in Ra-bren is that 310.141 requires a state licensed pilot aboard foreign flag vessels when . . .

C. A. REGISTER, v. C. PIERCE, 530 So. 2d 990 (Fla. Dist. Ct. App. 1988)

. . . Section 310.141, Fla.Stat. (1987). . . .

RABREN v. BOARD OF PILOT COMMISSIONERS MURPHY, v. BOARD OF PILOT COMMISSIONERS, 497 So. 2d 1245 (Fla. Dist. Ct. App. 1986)

. . . Section 310.141, Florida Statutes (1975) provided that: All vessels, except vessels exempted by the laws . . . Acting pursuant to sections 310.001 and 310.141, Florida Statutes, the Board promulgated Rule 21SS-8.10 . . . The statute, section 310.141, requires a state-licensed pilot on board “when entering or leaving ports . . . However, when the bill was passed into law and became section 310.141 it did not contain the words “or . . . Section 310.141, Florida Statutes, requires state-licensed pilots on foreign vessels entering or leaving . . . leaving ports of this state, and this construction falls well within the language and intent of section 310.141 . . . position, Petitioners refer to the language in proposed legislation that was rejected when Section 310.141 . . . It does not conflict with Section 310.141, Florida Statutes, which requires a state pilot on all vessels . . . of proving before the hearing officer that such “shifting” is beyond the intent and reach of section 310.141 . . . In contrast to the situation in Amos, in the instant case the explicit purpose of section 310.141 is . . .

W. E. JACKSON, I. G. Jr. W. G. G. L. M. A. R. I. J. D. W. P. Jr. d b a v. MARINE EXPLORATION COMPANY, INC. a a, 614 F.2d 65 (5th Cir. 1980)

. . . . § 310.141 applied to exempt the barges from pilotage fees because they draw less than seven feet of . . . We therefore see no conflict between § 310.141 and the one-and-a-half-times rate. . . .

W. E. JACKSON d b a L. v. MARINE EXPLORATION COMPANY, INCORPORATED, 583 F.2d 1336 (5th Cir. 1978)

. . . . § 310.141 (1975). . . .