STATE OF FLORIDA BOARD OF PILOT COMMISSIONERS ANDREW BYRON EFTHIMIADIS Petitioner, in — Re ADMINISTRATIVE f ITA GINIES vs. BOK CASE NO.: 04-3049 HEARINGS Final Order No. BPR-2005-01972 Date: FILED “20-05 BOARD OF PILOT COMMISSIONERS, Department of Business and ates Regulation AGENCY CLERK Respondent . Sarah Wacman, Agency Clerk / o By FINAL ORDER THIS CAUSE came before the BOARD OF PILOT COMMISSIONERS (Board) pursuant to Sections 120.569 and 120.57(4), Florida Statutes, on April 7, 2005, in Fernandina Beach, Florida, for the purpose of considering the Consent Agreement (attached hereto as Exhibit A) entered into between the parties in this cause. Upon consideration of the Consent Agreement and being otherwise fully advised on the premises, IT IS HEREBY ORDERED AND ADJUDGED that the Consent Agreement as submitted is hereby approved and adopted in toto and incorporated herein by reference. Accordingly, the parties shall adhere to and abide by all the terms and conditions of the Consent Agreement. This Final Order shall take effect upon being filed with the Clerk of the Department of Business and Professional Regulation. DONE AND ORDERED this day of __ ’ 2005. BOARD OF PILOT COMMISSIONERS pa [Sarees Lo Robyn ian neau, Executive Director for Victoria Robas, Chair CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing, has been furnished by U.S. Mail to: Michael Reppas, 3135 Southwest Third Avenue, Miami, FL 33129; C.B. Efthimiadis, Brickell Law Center, LLC, 888 Brickell Key Drive, Suite 204, Miami, FL 33131; Edward A. Tellechea, Senior Assistant Attorney General, Office of the Attorney General, PL-01, The Capitol, Tallahassee, Florida 32399-1050; Edwin Bayo, Esquire, Gray Robinson, P.A., 301 8. Bronough Street, Suite 600, Tallahassee, Florida 332301; and Robert E. Meale, Administrative Law Judge, Division of Administrative Hearings, The DeSoto Building, 1230 Apalachee Parkway, Tallahassee, Florida 32399-3060, on this 20 day of Alor , 2005. Ceacdhn Wl F:\Users\ADMIN\ED_T\PILOTS\ formal hearings \Efthimiadis\final-order. P.@4 MAR-@3~265 16:27 ATTY GEN OFC 858-922-6425, STATE OF FLORIDA DIVISION OF ADMINISTRATIVE HEARINGS 2005 APR 21 ATE SU ANDREW BYRON EFTHIMIADIS Pr Petitioner eat AD Vs, oR . Case No,: 04-3049 BOARD OF PILOT COMMISSIONERS Respondent ee , CONSENT AGREEMENT ‘ The Petitioner, Andrew Byron Efthimiadis, and the Respondent, the Board of Pilot Commissioners (hereinafter the “Board”), stipulate and agree to the following Agreement and to the entry of a final order by the Board incorporating the terms of this Agrcement as set forth below: 1. The Board of Pilot Commissioner's hereby agrees that its determination regarding whether it should recommend to the Department of Business and Professional Regulations (DBPR) that Petitioner be issued a two (2) year deputy pilot certificate in accordance with Section 310.07) (3), Florida Statutes, was based solely upon the recommendatians, representations, and documentation submitted and provided by the Pilots of the Port Everglades Pilots’ Association pursuant to Rule 61G] 4.1 1,007(1), Florida Administrative Code. and that the Board did not conduct an investigation independent of the Tocommendations, Tepresentations, and documentation submitted and provided by the Pilots of the Port Everglades Pilot’ Association. -1- EXHIBIT MAR-@3~2685 16:28 ATTY GEN OFC 856-922~6425 2. Based on the circumstances Presented, the parties agree that the Board acted appropriately when it chose not to recominend that Captain Efthimiadis be issued a two-year deputy pilot certificate. 3. Upon approval of this Congent Agreement by the Board, the Petitioner shall agree to the following: a. The Petitioner shall agree to withdraw his Petition for Formal Hearine in this matter whick is currently before the Division of Administrative Hearings and expressly waives al] further procedural Steps and expressly waives all rights to seek Judicial review of oy otherwise challenge or contest the validity of this Agreement and the fina) order of the Board incorporating this agreement, b. The Petitioner agrees that he shall bear his own attorney's fees and costs tesulting from this matter, following: MAR-B3-2085 16:29 ATTY GEN OFC 858-922-g425 a. The Board shall vacate the Order in the matter of Jn Re: Consideration of Andrew: Byron Efthimiadis' TD raining as a Deputy Pilot in Port Everglades for Renewal Recommendation entered on July 22, 2004, . b. The Board and DBPR agree that they shall bear their own attomey’s fees and costs resulting from this matter. ¢. The Board shall dismiss any complaints filed against the deputy pilot certificate of Andrew Byron Efthimiadis or Andrew Byron Efthimiadis which resulted from the facts and circumstances surrounding this matter and those in Case No, CACE-18-0400240 which was brought before the Circujt Court of the Seventcenth Judicial Cirevit in Broward County, Florida, d. The Board and DBPR agree that they shall not name the Petitioner as a party in any furiher action or procecding beforc any court or agency in any jurisdiction, which directly or indirectly arises from the facts and circuinstances surrounding this matter and those in Case No. CACE-1&-0400240 which was brought before the Circujt Court of the Seventeenth Judicial Circuit in Broward County, Florida, MAR-B3-2885 16:29 Law Office of Michael J. Reppas, P.A. 3135 Southwest Third Avenue Miami, Florida 33129 Tel: 350-854-5209 Fax: 350-854-1087 wy Michael J. Reppas, Esquire Fla. Bar No. 124702 Counsel for the Petitioner BRICKELL LAW CENTER, L.L.c, 888 Brickell Key Drive, Suite 204 Miami, Florida 3313] Tel: 350-528-1838 Fax: 350-374-5506 ramen’ Counsel for the Petitioner ATTY GEN OFC 958-922-6425 P,Q? CHARLES J. CRIST, JR. ATTORNEY GENERAL em hea, /Esg, Senior Assistant Attorney Getiora) Florida Bar No. 0856101 Office of the Attorney General PL-O1, The Capitol Tallahassee, Florida 32399- 1050 Tel. No. (850) 414-3300 Pax No. (850) 922-6425 Legal Counsel to the Board of Pilot Comuinissioners TATA 9D oa

Docket for Case No: 04-003049