Florida Department of Professional Regulation v. Baggett

District Court of Appeal of Florida

Florida Department of Professional Regulation v. Baggett

535 So. 2d 319, 13 Fla. L. Weekly 2654, 1988 Fla. App. LEXIS 5459, 1988 WL 130073

CourtDistrict Court of Appeal of Florida

DecidedDecember 8, 1988

DocketNo. 88-551

StatusPublished

Cited by1 cases

This text of 535 So. 2d 319 (Florida Department of Professional Regulation v. Baggett) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Florida Department of Professional Regulation v. Baggett, 535 So. 2d 319, 13 Fla. L. Weekly 2654, 1988 Fla. App. LEXIS 5459, 1988 WL 130073 (Fla. Ct. App. 1988).

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Opinion

BARFIELD, Judge.

The Department of Professional Regulation appeals a final order of the Board of Pilot Commissioners which rejected a hearing officer’s recommended order finding Captain Thomas Baggett negligent in piloting the M/V SCANDINAVIAN STAR, causing the vessel to run aground. We reverse the Board’s final order because the record adequately supports the hearing officer’s findings. We hold that the Board improperly substituted its own judgment for that of the hearing officer’s contrary to section 120.57(1)(b)(10), Florida Statutes (1987). Heifetz v. Department of Business Regulation, 475 So.2d 1277 (Fla. 1st DCA 1985); Reese v. Department of Professional Regulation, 471 So.2d 601 (Fla. 1st DCA 1985); Cohn v. Department of Professional Regulation, 477 So.2d 1039 (Fla. 3d DCA 1985).

Pursuant to section 120.68(13)(a), Florida Statutes (1987), we REVERSE the order of the Board of Pilot Commissioners and RE[320]*320MAND for adoption of the hearing officer’s recommended order. Tuveson v. Florida Governor’s Council On Indian Affairs, 495 So.2d 790 (Fla. 1st DCA 1986).

SMITH, C.J., and ZEHMER, J., concur.

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BARFIELD, Judge.

The Department of Professional Regulation appeals a final order of the Board of Pilot Commissioners which rejected a hearing officer’s recommended order finding Captain Thomas Baggett negligent in piloting the M/V SCANDINAVIAN STAR, causing the vessel to run aground. We reverse the Board’s final order because the record adequately supports the hearing officer’s findings. We hold that the Board improperly substituted its own judgment for that of the hearing officer’s contrary to section 120.57(1)(b)(10), Florida Statutes (1987). Heifetz v. Department of Business Regulation, 475 So.2d 1277 (Fla. 1st DCA 1985); Reese v. Department of Professional Regulation, 471 So.2d 601 (Fla. 1st DCA 1985); Cohn v. Department of Professional Regulation, 477 So.2d 1039 (Fla. 3d DCA 1985).

Pursuant to section 120.68(13)(a), Florida Statutes (1987), we REVERSE the order of the Board of Pilot Commissioners and RE[320]*320MAND for adoption of the hearing officer’s recommended order. Tuveson v. Florida Governor’s Council On Indian Affairs, 495 So.2d 790 (Fla. 1st DCA 1986).

SMITH, C.J., and ZEHMER, J., concur.

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Bluebook (online)

535 So. 2d 319, 13 Fla. L. Weekly 2654, 1988 Fla. App. LEXIS 5459, 1988 WL 130073, Counsel Stack Legal Research, https://law.counselstack.com/opinion/florida-department-of-professional-regulation-v-baggett-fladistctapp-1988.

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