RedactedNarrative: On October 17, 2014 at approximately 13:39 hours Florida Fish and Wildlife Conservation Commission (FWC) Dispatch received a complaint in reference to an injured swimmer in the vicinity of the Baker's Haulover Inlet. According to dispatch, the victim was transported to the Haulover's fuel dock for medical assistance by the Aventura Police Department Marine Unit. 
  I arrived on scene at 13:47 hours and I observed Miami- Dade Fire Rescue attempting to move the victim from the Aventura Police Department vessel to a vehicle on land. The victim was complaining of severe pain and had a serious injury to the arm. 
  At approximately 13:53 hours the victim was airlifted to Ryder Trauma for treatment. I arrived at Ryder Trauma at 14:29 hours and I observed several medical personnel assisting the victim. I immediately contacted LT. Col. Nurse U.S. Army, who explained that Victim was in critical condition after suffering a fractured pelvis and a serious laceration to the left arm as a result of the accident (see attached photographs). Several officers remained on scene with the victim's friends and the striking vessel (V1). It was later discovered that the victim was snorkeling with two more friends when a 42' vessel collided with him while it was returning to the Haulover Inlet. 
  The two friends of the victim were identified; the victim was previously on board vessel FL 3323 HJ, which belongs to one of the friends. Their respective statements are attached to this report. 
  The striking vessel is a 2014 Midnight Express HIN EXK43010J415, propelled by five 350 HP outboard motors. The operator of the vessel was identified. His written statement is attached to this report.
  The other two passengers traveling on the Midnight Express gave sworn written statements. 
  During the investigation it was discovered that the divers-down flag had a broken stiffener limiting the distance from which it can be readily observed.
  On 26 November 2014 I contacted Sunny Isles Marine Unit regarding the divers-down flag and he explained that the stiffener was already broken when he and Ofc arrived at the scene of the accident. Their reports are attached as well as photographs of the divers-down flag. On 17 October 2014 Investigator and I attempted to obtain written consent from Operator1 or his lawyer to search the GPS/Chartplotter from the Midnight Express in order to effectively determine the exact point of impact and the distance from the victim's vessel but permission was not granted. The owner of vessel FL 3323 HJ, did provide consent to search and the results are attached to this report as well as the Permission to Search Form FWCDLE 093. US Coast Guard conducted the download of the GPS information. 
  On December 19, 2014 and after carefully reviewing the totality of circumstances, friend of diver was cited for violation of Florida Statue 327.331(1)(c)1 which clearly stipulates that a stiffener is required at all times to keep the diver down flag properly displayed. 
  Florida Statue 327.331 stipulates: 
  -The size of divers-down flags displayed on vessels must be at least 20 inches by 24 inches, and a stiffener is required to keep the flag unfurled. Divers-down flags on vessels must be displayed above the vessel's highest point so that the flag's visibility is not obstructed in any direction. 
  -Diver-down symbols displayed from the water must be at least 12 inches by 12 inches and can be in the form of a flag or a buoy. The buoys must be three or four sided and have a divers-down symbol displayed on each of the flat sides. A divers-down buoy may not be used or displayed on a vessel