On Saturday, August 17th, 2013, I was on water patrol in the area of Bayside Miami.  At approximately 11:56am, I overheard on VHF Channel 16 an individual reporting an accident off Haulover Inlet offshore.  The initial report was an injured diver struck by a sailboat.  I advised my dispatch of the situation and responded in my patrol vessel.

I arrived to the scene at 12:17pm.  The reporting vessel was a 43 foot S2 Yacht bearing "DO1051159".  The striking vessel was a 40 foot sailboat bearing "FL 2277 JU".  I took statements and interviewed all individuals.

Based on the interviews and statements, V2 was anchored approximately 2.5 miles southeast of Haulover Inlet with divers in the water.  There was a dive flag on V2's vessel in clear view. There were two divers.  The divers were using a Browning (hookah diving system) approximately 40-70 yards east of the anchored vessel.  The Browning itself also had a visible dive flag within state regulations.  

At approximately 11:50am, the individuals on board the anchored vessel, V2 and and subject, both observed a white sailboat heading south in the direction of the divers.  V2 and Subject attempted to get the sailboat operator's attention by using the horn, whistling, and waving their arms.  OPerator1 stated he noticed the dive flag on the anchored vessel and altered his course to port to get more distance away from the anchored vessel.  OPerator1 then noticed V2 and Subject waving their arms.  OPerator1 then "all of a sudden" noticed a Brownie off his port bow.  OPerator1 altered his course hard to starboard.  

Subject2 claims he was approximately 10 feet away from the Brownie.  He noticed the sailboat coming directly at him and Victim.  Subject2 was screaming and waving his arms to get the attention of OPerator1.  The sailboat struck Victim and Subject2.  The sailboat also pulled both Victim and Subject2 underwater.  The impact to Subject2 did not result in any injuries.  The impact to Victim resulted in a laceration to the chin and scratches and contusions to the left arm.  Subject2 and Victim lost a mask, fins, a dive belt, and a spear gun during the impact; a total of $1,200 in lost equipment.

OPerator1 claimed be unaware of striking anyone or anything and continued his heading south.  After V2 pulled anchor and retrieved his divers from the water, he continued on a course behind the sailboat in attempts to stop it.  At this point Coast Guard was notified of the situation and local police departments and I responded.  

Coast Guard also arrived on scene of accident and charged OPerator1 with negligent operation of his sailboat.  After interviewing all parties involved and conducting an Florida Fish and Wildlife Conservation Commission investigation, I issued OPerator1 a citation for a navigation rule violation (Nav Rule #5) and a citation for a dive flag violation.
NORTH MIAMI BEACH