STATE OF FLORIDA seem DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION: |! f=" BOARD OF PILOT COMMISSIONERS COMAY-7 PNI2: 06 DEPARTMENT OF BUSINESS AND - PROFESSIONAL REGULATION, ears Petitioner, Vv. Case No. 2000-06695 Or Mol Y fl RONALD SCHAEFFER, Respondent. ADMINISTRATIVE COMPLAINT Petitioner, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION ("Petitioner"), files this Administrative Complaint before the Board of Pilot Commissioners against RONALD SCHAEFFER ("Respondent"), and alleges: i Petitioner is the state agency charged with regulating the practice of pilotage, pursuant to Section 20.165, Florida Statutes, and Chapters 455 and 310, Florida Statutes. 2. At all times material hereto, Respondent was licensed in the State of Florida as a state pilot, license number SP 0000021. 3. Respondent's address of record is 3645 Molaree Drive, Pensacola, Florida 32503-3144. 4. At all times material hereto, Respondent was the state pilot for the Port of Pensacola. 3. During the period of September 15, 1995 through December 1, 1998, Respondent was required to establish a compensation plan for the incoming deputy pilot, Captain McGee. 6. Respondent wrote the compensation plan,-but it was fraught with ambiguity and left controlling decisions to Respondent. 7. Respondent admitted that he did not apply the specific terms of the agreement, but paid McGee what he thought was fair. 8. Respondent utilized accounting techniques suitable only for a singe pilot operations by minimizing taxabie income, which would inherently be detrimental io a multip 9. Respondent allocated costs that were not related to the pilot operation, included costs that were not incurred, and paid excessive compensation to family members which unfairly reduced net income to the detriment of Capt. McGee. 10. Based on a reasonable accounting analysis for the three-year period, Respondent understated his revenues by approximately $33,547, and overstated his expenses by $201,864. After applying reasonable adjustment for the deputy's stages of development (provided for in their agreement) and part-time status (non addressed in the agreement, but considered reasonable to apply), the analysis indicated that Capt. McGee was underpaid approximately $24,419 for the period. 11. Pursuant to Rule 61G14-17.006, Florida Administrative Code, this matter was eligible to be resolved by mediation; however, despite an attempt by both parties, this case was not successfully mediated. COUNT I 12. Petitioner realleges and incorporates paragraphs one through eleven as though fully set forth herein. 13. Rule 61G14-14.001(3), Florida Administrative Code, provides that the licensed state pilcts in each port shall compensate all member deputy pilots and that compensation shall be established by written agreement between the licensed state pilots and the member deputy pilot. 14. Section 310.101(1), Florida Statutes, states in pertinent part that any wiliful violations of any law or rule may result in disciplinary action. 15. Based on the foregoing, Respondent has violated Section 310.101(1), Florida Statutes, by violating Rule 61G14-14.001(3), Florida Administrative Code. _ 16. Petitioner realleges and incorporates paragraphs or forth herein. 17. Section 310.101(1)(k), Florida Statutes, states in pertinent part that engaging in any practice which does not meet acceptable standards of safe piloting constitutes grounds for which disciplinary action may be taken. 18. Based on the foregoing, Respondent has violated Section 310.101(1)(k), Florida Statutes, WHEREFORE, Petitioner respectfully requests the Board of Pilot Commissioners enter an order imposing one or more of the following penalties: revocation or suspension of the Respondent's license, restriction of the Respondent's practice, imposition of an administrative fine not to exceed $5,000 per violation, issuance of a reprimand, placement of the Respondent on probation, assessment of costs association with the investigation, imposition of any or all penalties delineated within Section 455.227(2), Florida Statutes, and/or any other relief that the Board is authorized to impose pursuant to Chapters 455 and/or 310, Florida Statutes, and/or the rules promulgated thereunder. Counsel for the Department: Charles Tunnicliff Assistant General Counsel Department of Business and Professional Regulation Office of the General Counsel 1940 North Monroe Street Tallahassee, FL 32399-2202 CFT/tas Case #2000-06695 PCP: 5 Ont 93 OM ft JUL

Docket for Case No: 03-001644PL