RedactedNarrative: V1 was tied off at a dock located at Sailfish Club. V2 was traveling southbound on plane, estimated at 25-30 mph.  The wake created by V2 created disturbance to the docked vessels within the marina. This wake created the V1 to contact with a piling causing damage to the port side.
  
  On April 2, 2016, documented vessel, "Anita L",  was tied off at the Sailfish Club. The vessel was in the process of being tied off at the northern most dock at approximately 3:30 pm, bow facing north.  At this time, a vessel was southbound in vessel FL3142PR. According to one independent witness, this vessel was inside the channel. Witness estimated that Operator2's vessel was roughly 25-50 feet west of another vessel large vessel tied off at the docks. This estimate would place Operator2's vessel within the channel which is an area vessels are permitted to be on plane. Operator2 slowed his vessel down and tied off at the Sailfish Club's southern docks. 
  
  It is the opinion of subjects, that this wake caused the "Anita L" vessel to hit a dock piling and produce damage to the port side rear as seen in this report's pictures.  
  
  At that time, a Dock Master employed at the Sailfish Club, walked over to Operator2 and notified him of the vessel damage and that his vessel's wake caused the damage.
  
  On April 21, 2016, I, Officer responded to the request from Owner1 to make a report of the boating accident. I received a statement from Owner1 on this same date. 
  
  On April 29th, I received a voluntary verbal and written statement from Operator2 indicating his version of the event.
  
  On May 3, 2016, I received a voluntary verbal and written statement from Witness indicating his version of the events. He is considered by me to be an independent witness to these events.  He is an employed as  Dock Master at this private club and is on friendly terms with both parties involved. 
  
  When reviewing the statements of Operator2, and the witness, we see some inconsistencies regarding the actual location of Operator2's vessel.  The witness does place Operator2's vessel within the channel, which is an area where his vessel may be legally operated at 20-25 mph. Another consideration I need to make is evaluating if Operator2 violated Florida Statute 327.33, "Reckless or Careless Operation of a Vessel". This statute describes that it is unlawful to operate a vessel in a reckless or careless manner and cannot endanger life, limb or damage to another's property. 
  
  From the statements provided, it does not appear that Operator2 operated his vessel in a careless or reckless manner. If Operator2 navigated his vessel outside the channel, within a slow speed zone, I could reasonably fine fault with his actions. However, an independent witness places his vessel within the channel and none of the parties describe a vessel operation that is careless or reckless.  The action of operating a vessel on plane and subsequently slowing the vessel down creating a wake, in a designated channel, does not constitute reckless or careless behavior. 
  
  Based upon the statements and evidence, I can find no fault for Operator2.