Findings Of Fact Documentary evidence was received that Hangar Two, Inc. was chartered on April 4, 1980, and had "Hangar Two, Inc." and its unique logo registered as a service mark on June 18, 1980. See Exhibits 1, 2, 3 and 6. Documentary evidence was received that Hanger Two Aviation, Inc. was incorporated on November 25, 1980. See Exhibits 4 and 5. Wallace I. Garrick testified on behalf of Hangar Two, Inc. Garrick has been the attorney for Carl Knight for a number of years and handled the incorporation of Hangar Two, Inc. for Knight. For several years, Knight has been engaged in the business of repairing, rebuilding and maintaining aircraft. Garrick has been to Knight's place of business many times. The business was located at North Perry Airport for a number of years and did business as Hangar Knight was forced to move his business and incorporated his business as Hangar Two, Inc. The business of the corporation is the repair and maintenance of aircraft. Knight moved his business to a building on the southeast corner of the same airport, which he caused to be identified and marked with his service mark "Hangar 2." See Exhibit 6. Located in this building when Knight moved there was an aircraft repair and maintenance business operated by George Ritch. Thereafter, Ritch retained a one-room office and leased a small portion of the floor space for his business use. Hanger Two Aviation, Inc. was incorporated by Milton Margulies, a local attorney. Its primary Director and agent for service of process is Jean S. Morse, an employee of Margulies. Garrick was advised by Margulies that he had incorporated Hanger Two Aviation, Inc. for George Ritch, and that he had no further relationship with the corporation or with Ritch. Incorporation of Hanger Two Aviation, Inc. was sought after the date that Knight's business moved into the same building occupied by Ritch and after the date Knight's business was incorporated in the name Hangar Two, Inc. Incorporation of Hanger Two Aviation, Inc. was not in good faith. Both corporations are engaged in the same business, aircraft repair and maintenance, and their principal places of business are located in the same building at the same airport. Garrick has seen bills and other mail intended for Ritch's business delivered to Knight's business.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, the Hearing Officer recommends that the Department of State revoke the reservation for the corporate name Hanger Two Aviation, Inc. DONE and ORDERED this 26th day of October, 1981, in Tallahassee, Leon County, Florida. STEPHEN F. DEAN Hearing Officer Division of Administrative Hearings The Oakland Building 2009 Apalachee Parkway Tallahassee, Florida 32301 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 26th day of October, 1981. COPIES FURNISHED: Wallace I. Garrick, Esquire Concord Building, Suite 1000 66 West Flagler Street Miami, Florida 33130 Jean S. Morse, Registered Agent Hanger Two Aviation, Inc. 2020 NE 163rd Street North Miami Beach, Florida 33162 Stephen Nall, Esquire Office of the General Counsel Department of State The Capitol Tallahassee, Florida 32301 George Firestone, Secretary Department of State The Capitol Tallahassee, Florida 32301
The Issue The central issue in this case is whether Respondent is guilty of the violation alleged in the Administrative Complaint; and, if so, what penalty should be imposed.
Findings Of Fact Based upon the testimony of the witnesses and the documentary evidence received at the hearing, I make the following findings of fact: At all times material to the allegations, Respondent was a licensed pilot in the State of Florida having been issued License No. 0000025. On January 15, 1986, Respondent boarded the ship Act 5 as her state pilot for approaching an intended berth at Port Everglades. The Act 5 was over 700 feet long, had a single handed screw, a single rudder and was equipped with bow thrusters. The ship drew 34 feet at her stern on the date in question. The ship had a bulbous bow which protruded outwardly under the forward waterline. A tugboat, the Captain Nelson, captained by John A. Cummings was beside the Act 5 to assist in the berthing maneuver. The approach to Port Everglades is negotiated through a narrow canal. Vessels seeking berth proceed through the canal, past a jetties area, and into a turning basin. Once inside the basin a turn is required in order to bring a ship parallel to the intended berth. On January 15, 1986, the Act 5 was to be berthed at a location on pier 3 identified as berth 17. In order to approach berth 17 a sweeping turn to port must be made. On that date the Captain Nelson was positioned off the starboard bow during the Act 5's swing to port. Once this swing had been initiated, the Respondent ordered the tug to proceed to the port stern quarter. It was intended that the tug would assist to breast the ship beside the docking area. After the tug had begun its trip from starboard bow to stern, Respondent realized that the ship's swing would not be sufficient to bring her parallel to the dock. Accordingly, the Respondent ordered the tug to hook up and to pull at full throttle to slow the ship and bring her parallel. Additionally, since it was apparent the ship might collide with the dock, the despondent ordered the Act 5 to reverse at full throttle. Despite the corrective efforts, the Act 5 did not swing sufficiently to port and her bulbous bow struck the underplatting of the dock at berth 17. The platting cracked and the fill behind it washed out. When the fill washed out, the road built on top collapsed and the dock eroded. Approximately sixty feet of dock surface was destroyed. Unpredictable surface and subsurface currents in Port Everglades very dramatically affect docking procedures. The tides, which are repetitive, also affect docking maneuvers. Given the fluctuating tides and currents within the Port Everglades turning basin, it is not uncommon for a ship's handling to be predictable. Given the tide and current conditions known to Respondent on the date at issue, the collision was unpredictable and unforeseeable by a reasonably prudent pilot. Given the times and speeds noted in the Act 5's "bell book," the Respondent approached the intended berth under prevailing standards used by other pilots at Port Everglades.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED: That the Department of Professional Regulation, Board of Pilot Commissioners enter a Final Order dismissing the Administrative Complaint against Respondent. DONE and RECOMMENDED this 26th day of May, 1988, in Tallahassee, Florida. JOYOUS D. PARRISH Hearing Officer Division of Administrative Hearings The Oakland Building 2009 Apalachee Parkway Tallahassee, Florida 32301 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 26th day of May, 1988. APPENDIX Rulings on Petitioner's, DPR/Board of Pilot Commissioners, proposed findings of fact: Paragraphs 1, 2, and 3 are accepted. With regard to paragraph 4, the times and speeds noted in the Act 5's bell book are estimates which are within a reasonable range for approaching berth at Port Everglades. Distances are in unsubstantiated estimates and should not suggest Respondent used excessive speed. Three witnesses testified the ship approached at a reasonable rate. Such direct evidence controls over speculative estimates. Accordingly, paragraph 4 is rejected. Paragraphs 5 and 6 are accepted. Paragraphs 7 and 8 are accepted. With regard to paragraph 9, the cause of the collision is unknown. The ship did not swing to port sufficiently to become parallel to the dock. This lack of swing, coupled with the forward movement of the ship, resulted in the collision. As to why the ship did not continue its swing is speculative. Surface tides and currents as well as subsurface currents interfere with docking maneuvers and may have inhibited the swing. With regard to paragraph 10, the tides and currents noted were only surface ones. The subsurface currents which run deeper and which might effect a ship the size and draw of the Act 5 were not measured or charted. With that clarification, paragraph 10 is accepted. With regard to paragraph 11, it logically follows that Respondent's unforeseeable encounter would then serve as a warning to pilots involved in future docking procedures. That such pilots have benefitted from Respondent's incident does not suggest Respondent should have prejudged the problems. Accordingly, paragraph 11 is rejected as immaterial, irrelevant, and unnecessary. Rulings on Respondent's proposed finding of fact: Paragraphs 1-51 are accepted. Paragraph 52 is rejected as argumentative. Paragraph 53 is rejected a unnecessary, irrelevant or immaterial. Paragraphs 54-58 are rejected as unnecessary, irrelevant, immaterial, or argumentative. Paragraphs 59-62 are accepted. With regard to paragraphs 63 and 64, the Act 5 did collide with the underplatting at berth 17. The impact was felt by the tug Captain. Whether the dock was poorly maintained (and should have withstood the impact) or whether the fenders should have absorbed the shock is speculative but the touching was established. However, such touching was not caused by excessive speed or conduct falling below acceptable standards of safe pilotage. With that clarification, the paragraphs 63 and 64 are accepted. Paragraph 65 is accepted. COPIES FURNISHED: H. Reynolds Sampson, Esquire Department of Professional Regulation 130 North Monroe Street Tallahassee, Florida 32301 Margaret Mathews, Esquire One Tampa City Center Suite 2600 201 N. Franklin Street Tampa, Florida 33602 William O'Neil, Esquire General Counsel Department of Professional Regulation 130 North Monroe Street Tallahassee, Florida 32301 Pat Guilford, Executive Director Department of Professional Regulation Board of Pilot Commissioners 130 North Monroe Street Tallahassee, Florida 32301
Findings Of Fact The Garemore airport is located in Marion County and is known as the Greystone Airport. The Garemores were issued a private airport license for the period September 24, 1980, through September 30, 1981, and have made timely application for annual renewal of this license. Neighboring property owners and residents who objected to grant of the initial license also object to renewal. Generally, their objections concern excessive noise and unsafe aircraft operations. Several Petitioners raise and breed thoroughbred horses on property adjacent to the airport. They fear for their personal safety and the well-being of these horses and other livestock. These Petitioners also contend that aircraft noise and low flying upset their animals and interfere with mating. However, Respondent introduced opposing evidence, and Petitioners' contention was not established as factual. Through unrebutted testimony, Petitioners established that crop dusters routinely originate operations from Greystone Airport, and that crop dusting chemicals are stored on the site. About six months ago, a crop duster taking off from Greystone Airport dumped his chemical load on a Petitioner's property and subsequently crashed on this property. Petitioners also argue that the airport glide slope does not meet accepted criteria and that runway surfacing is inadequate. Respondent DOT has recently inspected the facility and through the testimony of its airport inspector, demonstrated that the glide slope has been measured and meets the 20 to 1 requirement set forth in Section 14-60.07, Florida Administrative Code. The runway is not surfaced and Petitioners contend it is not hard enough for aircraft operations during the rainy season. As evidence of this, they cite an incident where a visiting airplane ground looped on landing and appeared to lose a wheel. This incident did not establish a runway deficiency, however, nor did Petitioners offer evidence that the runway surface fails to meet any statutory or rule standard. Petitioners related numerous examples of low flying, night flying and acrobatic maneuvering at and near the Greystone Airport. They contend that these activities along with the concentration of World War II and antique aircraft, and the crop dusting operations, have made this a commercial facility.
Recommendation From the foregoing, it is RECOMMENDED: That the private airport license issued to James and Geraldine Garemore be renewed subject to a restriction against crop dusting operations. DONE AND ENTERED this 30th day of November, 1981, in Tallahassee, Florida. R. T. CARPENTER, Hearing Officer Division of Administrative Hearings The Oakland Building 2009 Apalachee Parkway Tallahassee, Florida 32301 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 30th day of November, 1981. COPIES FURNISHED: Mrs. Clark Hardwick 900 Northeast 100th Street Ocala, Florida 32677 Charles and Terry Kerr 8149 West Anthony Road, Northeast Ocala, Florida 32670 Mr. John P. Edson 8610 West Anthony Road, Northeast Ocala, Florida 32671 Sherry and Vince Shofner Post Office Box 467 Anthony, Florida 32617 Frank and Carol Constantini 8545 West Anthony Road, Northeast Ocala, Florida 32670 Mr. James B. Banta, Sr. 9349 West Anthony Road, Northeast Ocala, Florida 32670 Ms. Deborah Allen 8263 West Anthony Road, Northeast Ocala, Florida 32671 Mr. Worthy E. Farr, Jr. 8215 West Anthony Road, Northeast Ocala, Florida 32671 Mr. Michael J. Stavola Post Office Box 187 Anthony, Florida 32617 Frances Spain Post Office Box 128 Anthony, Florida 32617 Ms. Beatrice Shepherd Post Office Box 215 Anthony, Florida 32617 J. W. Houston 900 Northeast 100th Street Ocala, Florida 32670 John F. Welch, Esquire Post Office Box 833 Ocala, Florida 32678 Philip S. Bennett, Esquire Department of Transportation Haydon Burns Building, Suite 562 Tallahassee, Florida 32301
Findings Of Fact The Board of Pilot Commissioners, Respondent, is charged with the responsibility of regulating licensed state pilots and certified deputy pilots in the State of Florida. Respondent is also charged with the responsibility and given the authority to license state pilots in various ports in Florida including the Port of Tampa. Section 310.061, Florida Statutes, provides, inter alia, that there shall not be more than 22 licensed state pilots for Tampa Bay. The number of deputy pilots which may be certified by Respondent is not specified by statute. Respondent may certify as many as necessary to meet the demand for pilot services. Currently, there are 20 licensed state pilots for Tampa Bay and four certified deputy pilots. No applications for pilot or deputy pilot for Tampa Bay have been accepted by Respondent for at least the past two years. Captain Gary Murphy applied to take the state pilot examination in 1980 and was qualified to do so. He is still on Respondent's mailing list to be notified when applications for Tampa will next be accepted. Captain Murphy is a member of TRICO. Respondent does not accept applications for state pilot positions in any port, including Tampa Bay, nor is an examination administered until Respondent has first declared an opening or openings for state pilots for the particular port. TRICO was founded by Captain David Rabren to provide piloting and shipping services on Tampa Bay. The other Petitioners signed membership agreements with TRICO. TRICO began operations January 1, 1984, and is an association of pilots who contract with the ship owners to provide certain piloting services in Tampa Bay. These include docking and undocking vessels and other piloting services on vessels these pilots are legally entitled to pilot. Only Captain Rabren of TRICO is a licensed state pilot for Tampa Bay and authorized to pilot foreign ships into and out of the port. Captains Murphy, Cropper, and Farrell all hold first-class pilots licenses issued by the U. S. Coast Guard for Tampa Bay and they all meet the statutory criteria for experience needed to sit for the Tampa Bay state pilot examination. If the proposed rule becomes effective, none of these Petitioners will be qualified to sit for the state pilot licensing examination. By Chapter 84-185, Laws of Florida, Section 310.071 was amended by extensive modification of Subsection (1)(b) and renumbering Subsection (2) to Subsection (3). Section 310.071, Florida Statutes, establishes the qualifications of applicants for licensure as state pilots and certification for deputy pilots. Following the effective date of Chapter 84-185 of October 1, 1984, Respondent issued proposed Rule 21SS-5.125, Florida Administrative Code.
The Issue Pursuant to section 760.10(1)(a), Florida Statutes (2015), the issue is whether Respondent has unlawfully discriminated against Petitioner in employment on the basis of her age or national origin.
Findings Of Fact Petitioner was born on March 30, 1962. She is a Puerto Rican native who is fluent in English and Spanish. Respondent first employed Petitioner in April 2009 as a flight attendant. She worked continuously in this job until her termination on April 1, 2014. The primary duty of a flight attendant is to ensure the safety of the passengers. At the time of employment, Respondent provided Petitioner with four weeks' training as a flight attendant and a voluminous manual devoted to the responsibilities of a flight attendant. The training and manual identify as the critical stages of flight the periods of takeoff and landing, during which time the sole focus of the flight attendant is on passenger safety. During these critical stages of flight, the sterile cockpit rule prohibits all communications within the cabin, including any announcements by interphone, because of the potential to distract the pilots during the crucial activities of taking off and landing. On March 9, 2014, Petitioner was one of three flight attendants on a flight from Fort Lauderdale to San Juan, Puerto Rico. Among the passengers on the flight was another employee of Respondent, Tony Dali, who was the supervisor of Petitioner's supervisor. With an administrative assistant, Mr. Dali was traveling to Puerto Rico to recruit flight attendants, especially persons fluent in Spanish, due to Respondent's Language of Destination program. This program provides a small pay incentive to persons who are fluent in the language, other than English, of a JetBlue destination. On the flight on the day in question, Respondent was the flight attendant designated under the Language of Destination program. The flight was uneventful until the critical stage of landing. After she had performed her routine tasks of collecting service items, checking the positions of trays and seats, requiring the passengers to resecure all carry-on baggage that they had removed during flight, and ensuring that all passengers were wearing seat belts, Petitioner took her seat in preparation for landing. Her position was in the rear of the aircraft where she had additional responsibilities in connection with safety equipment stowed in that area of the plane. On final descent with the wheels down, suddenly a strange chirping sound was heard over the speakers in the cabin and in the cockpit. The sound had been produced by a battery- operated toy Coqui frog. Leaving the required brace position for a second or two during the enforced silence of final descent, Petitioner had held the toy to the interphone and activated the toy to make the chirping sound. Petitioner's intent had been to amuse the passengers and expose them to the local color of her--and, for some passengers, their--native country. Respondent conducted an investigation, but the material facts were never in dispute, as Petitioner readily admitted her actions. At the conclusion of the investigation, Respondent terminated Petitioner for her violation of safety rules in playing the sound and leaving the braced position during final descent. There is no direct or statistical evidence of discrimination based on age or national origin. The facts prove only an unsuccessful attempt at humor that probably became less humorous with each level of internal review within Respondent. Although the two safety violations did not compromise the safety of the flight, as opined by the pilot, they may have acquired greater urgency because they occurred in the presence of the boss of the boss of Petitioner. The ensuing termination of Petitioner seems somewhat harsh, but not so harsh as to support an inference of intentional discrimination.
Recommendation It is RECOMMENDED that the Florida Commission on Human Relations enter a final order dismissing the Petition for Relief filed on January 12, 2016. DONE AND ENTERED this 20th day of January, 2017, in Tallahassee, Leon County, Florida. S Robert E. Meale Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 (850) 488-9675 Fax Filing (850) 921-6847 www.doah.state.fl.us Filed with the Clerk of the Division of Administrative Hearings this 20th day of January, 2017. COPIES FURNISHED: Tammy S. Barton, Agency Clerk Florida Commission on Human Relations 4075 Esplanade Way, Room 110 Tallahassee, Florida 32399 (eServed) Abigail Freytes 11043 Northwest 8th Court Plantation, Florida 33324 (eServed) Rebecca Anne Cox, Esquire Akerman, LLP 666 5th Avenue, 20th Floor New York, New York 10103 (eServed) Cheyanne Costilla, General Counsel Florida Commission on Human Relations 4075 Esplanade Way, Room 110 Tallahassee, Florida 32399 (eServed)
Findings Of Fact Tampa Tri-County Pilots Association (TRICO) was founded January 1, 1984, by Captain Rabren to provide piloting and shifting services in Tampa Bay in competition with the Tampa Bay Pilots Association. Captains Murphy, Cropper, and Farrell are members of TRICO and hold U. S. Coast Guard issued unlimited pilots' licenses for Tampa which authorize them to pilot vessels enrolled in the coastwise trade which enter or leave Tampa Bay. Captain Rabren holds a state pilot's license for Tampa Bay in addition to his federal unlimited pilot's license for Tampa Bay. In 1984 the Chairman of the Board of Pilot Commissioners received a letter from Captain Valenti, U. S. Coast Guard, the captain of the Port of Tampa, calling attention to the Board that certain pilots within Tampa Bay were asserting that neither the State of Florida nor the Coast Guard had jurisdiction over shifting activities of foreign flag vessels. Vessels engaged in the coastwise trade (which generally must be built in the United States and carry the U. S. flag) are piloted, while in waters requiring a pilot, by a U. S. Coast Guard licensed pilot for those waters; and a foreign flag vessel on similar waters is piloted by a state pilot licensed for those waters. Since state licensed pilots also provide piloting services for U. S. flag vessels, all of the state licensed pilots also hold federal pilot licenses. The only pilots that could claim neither the state nor federal government had jurisdiction over their activities were those pilots holding only federal licenses who were piloting foreign flag vessels while being shifted within Tampa Bay. Within Tampa Bay there are four separate and distinct ports as well as several anchorages to which vessels are taken from these ports and from which vessels are taken to these ports. Additionally, vessels are shifted from port to port within Tampa Bay. The distance vessels are shifted within Tampa Bay varies from a few feet alongside the dock to more than 20 miles a vessel would travel from a berth in upper Tampa Bay to the Port of St. Petersburg. Having a tug alongside a ship for a short move of less than one mile is prudent and, perhaps, necessary. However, for a longer trip a tug alongside is unnecessary, dangerous (to the tug) and an unnecessary and unwarranted expense to the ship owner. Prior to the adoption of Rule 21SS-8.10, Florida Administrative Code, members of TRICO performed piloting services on both United States and foreign flag vessels shifting moorings within Tampa Bay. Since its formation TRICO has been in competition with the Tampa Bay Pilots Association to obtain exclusive contracts with shipping companies to perform piloting services on the company vessels while the vessels are shifted to different moorings in Tampa Bay. Upon Rule 21SS-8.10 becoming effective, TRICO members, not holding a state pilot's License, are precluded from shifting foreign flag vessels between moorings in Tampa Bay except when in the docking mode.
