Petitioner: DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, BOARD OF PILOT COMMISSIONERS
Respondent: RONALD SCHAEFER
Judges: DIANE CLEAVINGER
Agency: Department of Business and Professional Regulation
Locations: Pensacola, Florida
Filed: May 07, 2003
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Monday, September 22, 2003.
Latest Update: Dec. 23, 2024
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BOARD OF PILOT COMMISSIONERS
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DEPARTMENT OF BUSINESS AND -
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Petitioner,
Vv. Case No. 2000-06695
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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
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Case #2000-06695
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Docket for Case No: 03-001644PL
Issue Date |
Proceedings |
Sep. 22, 2003 |
Order Closing File. CASE CLOSED.
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Sep. 18, 2003 |
Notice of Voluntary Dismissal (filed by Petitioner via facsimile).
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Aug. 26, 2003 |
CASE STATUS: Hearing Held. |
Aug. 18, 2003 |
Motion in Limine (filed by Respondent via facsimile).
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Aug. 15, 2003 |
Exhibit List (filed by Petitioner via facsimile).
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Aug. 15, 2003 |
Witness List (filed by Petitioner via facsimile).
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Aug. 13, 2003 |
Letter to M. Stebbins from C. Tunnicliff enclosing an updated work authorization and invoice for R. Law to supplement discovery responses (filed via facsimile).
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Aug. 11, 2003 |
Order (Petitioner has now complied with discovery described in the motions to compel; motions for sanctions are denied; amendments to witness lists by the parties shall be filed no later than 8/20/2003).
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Aug. 08, 2003 |
Letter to C. Tunnicliff from M. Stebbins confirming telephone conversation regarding discrepancies in disovery responses (filed via facsimile).
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Aug. 07, 2003 |
Amended Response to Request for Production (filed by Petitioner via facsimile).
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Aug. 07, 2003 |
Petitioner`s Supplemental Answer to Interrogatories 1 (filed via facsimile).
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Aug. 07, 2003 |
Petitioner`s Supplemental Answers to Interrogatories (filed via facsimile).
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Aug. 06, 2003 |
Supplement to Respondent`s Motion for Order to Compel Discovery and to Extend Time for Submission of Witness and Exhibit Lists (filed by Respondent via facsimile).
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Aug. 06, 2003 |
Letter to M. Stebbins from C. Tunnicliff enclosing the pertinent contract that Petitioner holds with S. Chocola along with itemized invoice (filed via facsimile).
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Aug. 05, 2003 |
Letter to M. Stebbins from C. Tunnicliff witnesses list (filed via facsimile).
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Aug. 05, 2003 |
Respondent`s Witness List (filed via facsimile).
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Aug. 04, 2003 |
Notice of Service of Answers to Interrogatories and Request for Production of Documents (filed via facsimile).
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Aug. 04, 2003 |
Letter to Judge Adams from M. Stebbins enclosing executed signature pages for motions filed on August 2, 2003 (filed via facsimile).
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Aug. 04, 2003 |
Petitioner`s Answers to Interrogatories (filed via facsimile).
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Aug. 04, 2003 |
Respondent`s First Request for Production (filed via facsimile).
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Aug. 04, 2003 |
Respondent`s First Set of Interrogatories (filed via facsimile).
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Aug. 04, 2003 |
Notice of Service of Interrogatories (filed via facsimile).
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Aug. 04, 2003 |
Motions for Order to Compel Discovery and to Extend Time for Submission of Witness and Exhibit Lists (filed by Respondent via facsimile).
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Jul. 28, 2003 |
Petitioner`s Answers to Interrogatories (filed via facsimile).
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Jul. 11, 2003 |
Respondent`s Responses to Requests for Admissions (filed via facsimile).
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Jun. 27, 2003 |
Order. (the unopposed motion to correct the citation in the administrative complaint to read rule 61G14-13.000 (3), Florida Administrative Code, is granted)
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Jun. 24, 2003 |
Motion to Amend Administrative Complaint (filed by Petitioner via facsimile).
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Jun. 19, 2003 |
Order Granting Continuance and Re-scheduling Hearing (hearing set for August 26, 2003; 10:00 a.m.; Pensacola, FL).
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Jun. 17, 2003 |
Petitioner`s First Request for Admissions (filed via facsimile).
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Jun. 10, 2003 |
Respondent`s Second Unopposed Motion for Continuance (filed via facsimile).
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Jun. 05, 2003 |
Order issued. (the motion to continue the hearing until September 22, 2003, or later is denied, with leave to refile the motion requesting a new hearing date for August 2003 upon a date agreed to by the parties that would also meet the needs of this forum)
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Jun. 04, 2003 |
Unopposed Motion for Continuance (filed by Respondent via facsimile).
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Jun. 04, 2003 |
Notice of Appearance (filed by M. Stebbins via facsimile).
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May 15, 2003 |
Order of Pre-hearing Instructions issued.
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May 15, 2003 |
Notice of Hearing issued (hearing set for July 23, 2003; 10:00 a.m.; Pensacola, FL).
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May 14, 2003 |
Petitioner`s Response to Initial Order (filed via facsimile).
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May 07, 2003 |
Administrative Complaint filed.
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May 07, 2003 |
Election of Rights filed.
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May 07, 2003 |
Agency referral filed.
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May 07, 2003 |
Initial Order issued.
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