(1) Any individual who is not a licensed state pilot or a certificated deputy pilot, and who directs the movement of a vessel on which a licensed state pilot or certificated deputy pilot is required is guilty of piloting without a license. Any person piloting without a license is guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.
(2) In addition to, or in lieu of, the penalty provided in subsection (1), the department may seek the imposition of a civil penalty through the circuit court. The civil penalty shall be not less than $500 and not more than $5,000 for each offense. The court shall also award to the prevailing party court costs and reasonable attorney fees and, in the event the department prevails, may also award reasonable costs of investigation.
(3) The vessel and its owner shall be obligated to pay to the licensed state pilots at the port where the violation of subsection (1) occurred, the pilotage rate which would otherwise have been applicable, and, if the pilots in said port must resort to legal action to obtain a judgment therefor, the court shall also award to the prevailing party court costs and reasonable attorney fees.
History.—s. 2, ch. 75-201; 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. 8, ch. 90-54; s. 6, ch. 90-144; s. 4, ch. 91-429.
Structure Florida Statutes
Title XXII - Ports and Harbors
Chapter 310 - Pilots, Piloting, and Pilotage
310.0015 - Piloting Regulation; General Provisions.
310.011 - Board of Pilot Commissioners.
310.032 - Oath of Members of the Board.
310.042 - Organization of Board; Meetings.
310.051 - Personnel; Employment.
310.061 - State Pilots; Number; Cross Licensing.
310.071 - Deputy Pilot Certification.
310.073 - State Pilot Licensing.
310.075 - Deputy Pilot Training Program.
310.081 - Department to Examine and License State Pilots and Certificate Deputy Pilots; Vacancies.
310.091 - Powers of the Department.
310.101 - Grounds for Disciplinary Action by the Board.
310.102 - Treatment Programs for Impaired Pilots and Deputy Pilots.
310.111 - Marine Incident Reports.
310.1112 - Motor Vehicle Reports.
310.1115 - Bridge Electronic Navigation Protection Equipment; Duty of Pilot.
310.121 - Application, Examination, and Biennial Fees.
310.131 - Assessment of Percentage of Gross Pilotage.
310.141 - Vessels Subject to Pilotage.
310.142 - Pilotage at St. Marys Entrance.
310.146 - Exemptions From Pilotage.
310.151 - Rates of Pilotage; Pilotage Rate Review Committee.
310.161 - Piloting Without a License; Penalties.
310.171 - Pilots May Incorporate Themselves.
310.183 - Immediate Inactivation of License or Certificate for Certain Violations.