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McDONALD v. DEPT. OF PRO. REGULATION

No. 89-246.

582 So.2d 660 (1991)

George H. McDONALD, Appellant, v. DEPARTMENT OF PROFESSIONAL REGULATION, BOARD OF PILOT COMMISSIONERS, Appellee.

District Court of Appeal of Florida, First District.

June 13, 1991.

Attorney(s) appearing for the Case

Earl R. McMillin, Cape Canaveral, for appellant.

Lisa S. Nelson, H. Reynolds Sampson, Charles F. Tunnicliff and Kenneth E. Easley, Dept. of Professional Regulation, Tallahassee, for appellee.

ERVIN, Judge.

Appellant, George McDonald, a licensed harbor pilot, appeals from a final order of the Department of Professional Regulation (DPR), Board of Pilot Commissioners (Board), assessing a $500 fine for appellant's negligence in allowing the stern of the vessel he was piloting to be towed into the bank of the channel. Because the Board erroneously applied an evidentiary presumption in order to prove negligence on the part of McDonald, we reverse and remand...

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