CopyCited 19 times | Published | Florida 1st District Court of Appeal | 1988 WL 86340
...On June 12, 1987, Register filed the second amended complaint, which is the subject of this appeal. The complaint requests declaratory relief on the ground that Register is in doubt as to whether (1) in the absence of disciplinary action pursuant to section 310.101, Florida Statutes (1987), Hvide or any other vessel owner can refuse to accept the services of a licensed bar pilot, and (2) the designation or refusal of a particular bar pilot affects the efficiency and safety of piloting operations in the state's navigable waters....
...Commissioners and that the Defendant, HVIDE, may not refuse the services of any licensed pilot on the grounds of alleged incompetence unless and until the Board of Pilot Commissioners has so determined pursuant to the provisions of Florida Statute, Section 310.101....
CopyCited 7 times | Published | Florida 1st District Court of Appeal | 1991 WL 103477
...gence presumption warrant discussion. Turning first to the marine casualty report, Section
310.111, Florida Statutes (Supp. 1986), requires a pilot to report each collision, grounding, or other marine peril to the Board within forty-eight hours, and Section
310.101(1)(g), Florida Statutes (Supp....
...[2] Thus, if appellant had filed the report and asserted therein his privilege at whatever *663 time he believed a truthful statement would be self-incriminating, he would have complied with the reporting requirement under section
310.111 and would not be subject to disciplinary proceedings under section
310.101(1)(g)....
...Thus, appellant forfeited his fifth amendment privilege, because he failed to timely assert it. The department and Board's use and application of the prima facie negligence presumption raises a more trouble-some question. The disciplinary action was brought against appellant based upon violations of Section 310.101(1), Florida Statutes (Supp....
...Respondent was negligent or inattentive in that he failed to exercise due care to ensure that the vessel he was piloting did not overstand sternward to the point she crossed the channel and contacted the west bank. 9. Based on the forgoing [sic], Respondent is charged with violation of section 310.101(1), Florida Statutes (1986 Supp.) and Pilot Board Rule 21SS-8.007(1)(k), Florida Administrative Code....
...e west bank"; and that his conduct was negligent because it constituted a disregard of safe practices in violation of acceptable standards of safe pilotage. The maximum authorized penalty for this charge is revocation of McDonald's pilotage license. § 310.101(2), Fla....
...ud giving the appearance of the embankment having been struck by a large heavy force. (Exhibit 6) The conclusions of law in the recommended order then recite that the charges against McDonald are based on violations of the following subparagraphs of section 310.101(1): (b) Failure to obtain or properly use information available to the pilot; (c) Failure to navigate with caution in restricted waters; [3] (k) Engaging in any practice which does not meet acceptable standards of safe piloting....
...oard was legally insufficient to support a finding of guilt without the application of the presumption, primarily because it failed to prove any specific violation of a statutory provision. The Board's power to discipline Captain McDonald stems from section 310.101, Florida Statutes (1986 Supp.). [5] Reading each lettered subparagraph of section 310.101(1) in context, applying the principle of ejusdem *669 generis, [6] the clear statutory intent is to impose discipline only for personal misconduct of a licensed pilot....
...the allision occurred. The statute does not purport to impose any nondelegable duties on a state licensed harbor pilot that would give rise to personal responsibility for the negligent acts of others. Under Florida law, disciplinary statutes such as section 310.101 are penal in nature and must be strictly construed against the enforcing agency; thus, without a clear, unambiguous provision in the statute indicating legislative intent to hold the licensee responsible for the negligent or wrongful...
...Department of Professional Regulation,
457 So.2d 1074 (Fla. 1st DCA 1984). [7] In this regard, the Board erroneously relies on Alles v. Department of Professional Regulation,
423 So.2d 624 (Fla. 5th DCA 1982), as authority to impose vicarious liability on McDonald under section
310.101; in so doing, it has misread the actual holding in that case....
...t findings of fact and conclusions of law describing the specific information McDonald failed to obtain and in what specific respects he failed to properly use information available to him, contrary to established safe piloting practices required by section 310.101(1)(b)....
...One would expect to read explicit findings describing the precise facets of McDonald's personal actions that constituted a failure to navigate with caution in these restricted waters and the safe piloting practices from which he deviated in violation of section 310.101(1)(c)....
...[11] One would expect to read *671 explicit findings describing the specific "practice" which McDonald engaged in that did not meet acceptable standards of safe piloting, and a description of the acceptable standard or practice from which McDonald deviated to constitute a violation of section 310.101(1)(k)....
...ida law, its purpose and operation under federal law does not serve as a rational basis for enforcing the Florida statutory law governing the discipline of state licensed pilots. As previously discussed, a harbor pilot is subject to discipline under section 310.101 only for personal misconduct; chapter 310 does not undertake to punish a state pilot vicariously for the derelictions of other persons acting under his charge under a nondelegable duty theory....
...(q),
465.016(1)(i),
466.018(1),
466.018(2),
466.028(1)(q),
468.217(1)(k),
468.365(1)(r), Fla. Stat. (1989). [1] The name of the vessel is referred to variously throughout the record as "KALLIOPE" and "CALLIOPI." I shall use the name in the text. [2] Section
310.101(1), Florida Statutes (1986 Supp.), provides in pertinent part: (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 lic...
...Ultimately, the presumption derives from the commonsense observation that moving vessels do not usually collide with stationary objects unless the vessel is mishandled in some way. Delta Transload,
818 F.2d at 449; Bunge,
558 F.2d at 795.
837 F.2d at 1326. [15] McDonald was charged with violating section
310.101(1), Florida Statutes (1986 Supp.), and rule 21SS-8.007(1)(k), Florida Administrative Code....
CopyCited 5 times | Published | Florida 1st District Court of Appeal | 1990 WL 146906
...Pierce, West Palm Beach, Port Everglades, Miami, Key West, Boca Grande, Charlotte Harbor, Punta Gorda, Tampa, Port Tampa, Port Manatee, St. Petersburg, Clearwater, Apalachicola, Carrabelle, Panama City, Port St. Joe, and Pensacola. (Emphasis added). Section 310.101(1), Florida Statutes (1987), makes certain actions of state-licensed pilots cause for disciplinary action by the BPC....
...One such prohibited act is (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. (Emphasis added). Thus, a state-licensed pilot would be in violation of section
310.101(1)(j) if he were to direct a pilot who held only a federal license to pilot a ship in a situation where section
310.141 required a state license. For violations such as this, the BPC is authorized to issue a reprimand or fine as well as suspend or revoke the license of the state pilot. §
310.101(2), Fla. Stat. The provisions of section
310.101 are substantially repeated in Florida Administrative Code Rule 21SS-8.007....
...1st DCA 1986), rev. denied,
508 So.2d 13 (Fla. 1987). Although Rabren held and continues to hold both state and federal licenses, TRICO is almost exclusively composed of federal pilots. Because of the shifting rule, Rabren would be subject to discipline under section
310.101(1)(j) and Rule 21SS-8.007 whenever he assigned one of his federally licensed TRICO pilots to shift a vessel....
...vities in Tampa Bay. Rabren, supra, at 1249. THE PRESENT CONTROVERSY On July 20, 1987, The Department of Professional Regulation (DPR) filed an administrative complaint against appellant alleging four violations of Rule 21SS-8.007(1)(j) and sections
310.101(1)(j) and
310.141....
...It is well established that the existence of adjudicatory power can be implied in the statute. 1 Fla.Jur.2d, Administrative Law, § 60. Since the BPC has the authority to take disciplinary actions as well as enter orders, it would appear and we hold that adjudicatory power is present. See § 310.101(1) and (2), Fla....
