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22 Fla. L. Weekly D2210e

THOMAS A. BAGGETT, Appellant, v. DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, Appellee. 1st District. Licensing -- Board of Pilot Commissioners -- Remanded with directions that Board determine whether pilot's violation of statute by executing inappropriate rudder order, standing alone, as opposed to an inappropriate rudder order in conjunction with a late turn, warrants revocation of license

THOMAS A. BAGGETT, Appellant, v. DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, Appellee. 1st District. Case No. 96-4345. Opinion filed September 18, 1997. An appeal from an order of the Department of Business and Professional Regulation. Counsel: Brooks P. Hoyt of Hoyt, Colgan & Andreu, P.A., Tampa, for Appellant. Lisa S. Nelson, Deputy General Counsel, Department of Business and Professional Regulation, Tallahassee, for Appellee.

ON MOTION FOR CLARIFICATION

[Original Opinion at 22 Fla. L. Weekly D1678c]

(PER CURIAM.) We grant the Department's motion for clarification, withdraw this court's previous opinion filed July 11, 1997, and substitute the following opinion therefor.

We reverse and remand with directions to the Board of Pilot Commissioners to determine whether its conclusion that Thomas Baggett violated section 310.101(1)(b) and (k), Florida Statutes (1995), by executing an inappropriate rudder order, standing alone, as opposed to an inappropriate rudder order in conjunction with a late turn, warrants revocation of his pilot's license.

REVERSED and REMANDED. (ERVIN, KAHN and DAVIS, JJ., CONCUR.)

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