moypogs roids. im i) STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAD REGUIZOTIBN 3: 35 BOARD OF PILOT COMMISSIONERS piv: ~ ADMINIS TRALIVE DEPARTMENT OF BUSINESS AND ‘ HEARINGS PROFESSIONAL REGULATION, OD-ATI FC Petitioner, VS. ; CASE NO. 99-01038 JOHN FERNANDEZ, Respondent. / ADMINISTRATIVE COMPLAINT The Department of Business and Professional Regulation, hereinafter referred to as “Petitioner,” files this Administrative Complaint before the BOARD OF PILOT COMMISSIONERS, against JOHN FERNANDEZ, hereinafter referred to as "Respondent," and alleges: 1. Petitioner is the state agency charged with regulating the practice of licensed state pilots and certificated deputy pilots, pursuant to Section 20.165, Florida Statutes; Chapter 455, Florida Statutes; and Chapter 310, Florida Statutes. 2. Respondent is, and has been at all times material hereto, a licensed state pilot in the State of Florida, having been issued license number SP 0000069. 3. Respondent's address of record is John Fernandez, 12440 Old Cutler Road, Miami, Florida 33156-5761. 4. On or about January 29, 1999, Respondent was the pilot aboard the M/V MANZANILLO, a Greek flagged container vessel of 866’ LOA and 37518 GRT, drawing 30°06” forward and 33’10”’ aft, and was in the process of getting under way for sea from bay 104.5 W Lummus Island. 5. On or about January 29, 1999, the wind was out of the ESE at 20-30 knots and seas were running 4-6 feet. 6. The Respondent stated that he boarded the M/V MANZANILLO shortly before 2300 and after the master/pilot conference, had the harbor tugs pull her into the Fisher Island Turning Basin and twisted around for departure. 7. Respondent stated that at 2335 the vessel was heading out Government Cut at which time he called the T/V CHELSEA to advise the M/V MANZANILLO was outbound, ladder on port side. 8. Respondent advised the T/V CHELSEA that the M/V MANZANILLO would swing north to make a lee. Respondent stated that the T/V CHELSEA and the M/V MANZANILLO agreed to a starboard to starboard meeting arrangement. Respondent stated that the T/V CHELSEA agreed to go south of the sea buoy in order to wait for the M/V MANZANILLO to clear. 9. As Respondent was making the turn through Widener, he stated that the T/V CHELSEA was north of the sea buoy and heading south and Starting to swing in toward the channel. Respondent stated that at this time, approximately 2345, the M/V MANZANILLO was between buoys five and seven. Respondent stated that at this time he called the T/V CHELSEA and advised the pilot that he was “deep” draft and could not turn early because of a 35° shoal to the north and a 30’ shoal to the south of buoy one. Respondent stated that he also requested some leeway because of the wind. 10. Respondent stated that he was on the centerline when M/V MANZANILLO passed buoy four. Respondent stated that at that time he could see the masthead lights of the T/S CHELSEA closing. Respondent stated that the T/S CHELSEA was making eight knots as she passed the sea buoy. Respondent stated that at this time he called the T/S CHELSEA and asked about that vessel’s starting in. Respondent also stated that he requested port to port meeting arrangement at this time, stating that the MV MANZANILLO would swing south once she passed buoy one. 11. Respondent stated that at buoy one, he started a starboard swing, stopped the engine and advised the T/V CHELSEA of this movement. Respondent stated that the T/V. CHELSEA responded that she was turning hard to port. Upon hearing this, Respondent stated that he increased to Full Ahead and hard starboard. 12. Respondent stated that when he saw the T/V CHELSEA swinging to port he knew that they were in extremis. Respondent stated that the Captain ordered bow thruster full to starboard. Respondent stated that the M/V MANZANILLO’s engines were brought to Stop, then hard starboard and Full Ahead, when the bow thruster was already full to starboard. When it became obvious there was going to be a collision, Respondent ordered Full Astern. Respondent stated that at 2355 the vessels collided with the M/V MANZANILLO on a heading of 150 and with a collision angle of 45 degrees. 13. Respondent stated that the danger signal was not sounded. 14. | There was poor communication between Respondent and the Captain of the CHELSEA. Respondent did not have an understanding of the actions of the CHELSEA as he approached her, and failed to communicate his doubt by giving at least five short and rapid blasts on the whistle, in violation of International Navigation Rules, Rule 34(d). 15. Respondent failed to take action to avoid the collision and allow more time to assess the situation, either by slackening the MANZANILLO’s speed, or taking all way off by either stopping or reversing her means of propulsion, in violation of International Navigation Rules, Rule 8(e). 16. Respondent negligently operated the MANZANILLO by acting upon his port to port passing request without it being confirmed, by not slackening or taking her way off and by not sounding the danger signal. | 17. Section 310.101(1), Florida Statutes, states that 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 licensed state pilot or certificated deputy pilot; or any failure to exercise that care which a reasonable and prudent licensed state pilot or certificated deputy pilot would exercise under the same or similar circumstances may result in disciplinary action. Examples of acts by a licensed state pilot or certificated deputy pilot which constitute grounds for disciplinary action include, but are not limited to engaging in any practice which does not meet acceptable standards of safe piloting. 18. Based upon Respondent’s failure to follow the International Navigation Rules Bie) and 34(d), Respondent violated Section 310.101(1)(k), Florida Statutes, by engaging in any practice which does not meet acceptable standards of safe piloting. WHEREFORE, Petitioner respectfully requests the Board of Pilot Commissioners to enter an Order imposing one or more of the following penalties: revocation or suspension of 4 { the Respondent's license, imposition of an administrative fine and/or 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. nN SIGNED this 17° dayof_Se!¥ , 2000. - t. « BSS Ure David Minacci Lead Professioris Attorney COUNSEL FOR DEPARTMENT: Laurie B. Woodham FILED Assistant General Counsel apartment of Business and Professional Regulation Florida Bar #0049549 DEPUTY CLERK Department of Business and Professional Regulation crm Brardmt Michels Northwood Ce 1940 N. Monroe St DATE = 24 - 2000 Tallahassee, Florida 32399-2202 (850) 487-9695 /LBW PCP: Robas, Buffington, Fuller 7 [{8]00

Docket for Case No: 00-004724PL