Division of Administrative Hearings, Florida
Latest Update: Sep. 09, 1985
By Administrative Complaint filed September 28, 1984, Petitioner, Department of Professional Regulation, Board of Pilot Commissioners (Department) seeks to discipline Respondent, Thomas A. Baggett, a licensed pilot in Tampa Bay, Florida. The complaint charges that on May 15, 1984, while piloting the M/V Hybur Tropic, Respondent negligently maneuvered the vessel so as to jeopardize and nearly capsize its assisting Tug Dorothy and to cause the Hybur Tropic to collide with moored barge 105 3301. At final hearing Petitioner called John C. Hanson, Raymond E. Hamilton, Joseph Jones, and George H. Reid, as witnesses. Petitioner's Exhibits 1, 3, 4, 6, 8 and 9A-G were received into evidence. Respondent testified on his own behalf, and called John C. Hanson, Howard P. Krueger, and Joseph J. O'Connell, as witnesses. Respondent's Exhibits 1 and 2 were received into evidence. The transcript of hearing was filed August 16, 1985. At the parties' request an extension of time was given in which to submit proposed findings of fact and conclusions of law. The parties waived the requirement set forth in Rule 28-5.402, F.A.C., that a recommended order be entered within 30 days after the transcript is filed. Rule 221-6.31, F.A.C.Board had disciplinary jurisdiction even though no state pilot required on vessel. Collision was a result of pilot's negligence and inattention to duty.
