Good morning. My name is Frank Imparato, and I am a new member of this site. In the interest of Public Safety, I felt compelled to inform all followers of this informative site of the following incident. First, let me start by saying I am a former Law Enforcement with 35 years of experience. Therefore, I am qualified to comment on the following description and violations of Florida Law (Statute 327.33. Reckless or careless operation of the vessel). —
(1) It is unlawful to operate a vessel in a reckless manner. A person is guilty of reckless operation of a vessel who operates any vessel; or manipulates any water skis, aquaplane, or similar device, in willful or wanton disregard for the safety of persons or property at a speed or in a manner as to endanger, or likely to endanger, life or limb, or damage the property of, or injure any person. Reckless operation of a vessel includes but is not limited to, a violation of s. 327.331(6). Any person who violates a provision of this subsection commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.
(2) Any person operating a vessel upon the waters of this state shall operate the vessel in a reasonable and prudent manner, having regard for other waterborne traffic, posted speed and wake restrictions, and all other attendant circumstances so as not to endanger the life, limb, or property of any person. The failure to operate a vessel in a manner described in this subsection constitutes careless operation. However, vessel wake and shoreline wash resulting from the reasonable and prudent operation of a vessel shall, absent negligence, not constitute damage or endangerment to property. Any person who violates the provisions of this subsection commits a noncriminal violation as defined in s. 775.08.
(3) Each person operating a vessel upon the waters of this state shall comply with the navigation rules.
(a) A person who violates the navigation rules and the violation results in a boating accident causing serious bodily injury as defined in s. 327.353 or death, but the violation does not constitute reckless operation of a vessel, commits a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.
(b) A person who violates the navigation rules and the violation does not constitute reckless operation of a vessel commits a noncriminal violation as defined in s. 775.08, punishable as provided in s. 327.73.
Chapter 327 Section 73 - 2012 Florida Statutes - The Florida Senate
(c) Law enforcement vessels may deviate from the navigational rules when such diversion is necessary to the performance of their duties and when such deviation may be safely accomplished.
(4) Unless otherwise provided in this chapter, the ascertainment of fault in vessel operations and boating accidents shall be determined according to the navigation rules.
History.—s. 1, ch. 59-400; s. 3, ch. 63-105; s. 1, ch. 65-361; s. 6, ch. 81-100; s. 6, ch. 84-188; s. 6, ch. 86-35; s. 2, ch. 88-133; s. 2, ch. 89-136; s. 45, ch. 91-224; s. 1, ch. 92-92; s. 6, ch. 2000-362; s. 1, ch. 2011-152.
Note.—Former s. 371.50.
and public safety.
On Thursday, March 30, 2023, a friend, also a former member of the law enforcement booked a fishing trip on Headwaters Lake with Capt. Gerry from Vero Beach BIG Bass Fishing. We left the ramp area at about 0645 hrs. and headed down the South Canal. As we approached the first opening on the right that leads into North Lake area, an aluminum boat that was wrapped with advertisement from O’Reilly Auto Parts started to overtake us. The boat was operated by Roland Martin, recognizable from his famed TV series Fishing with Roland Martin.
Mr. Roland Martin positioned his boat so close to our vessel that as he passed on our port side we felt the spray from his boat. Based on my experience, I estimated his speed to be well above the posted 25 mph speed limit of this fishery. The speed limit is posted at the entrance to Headwaters Lake and applies to the entire reservoir for everyone’s safety. This posting was put up before the opening day of the fishery.
Immediately after passing us, Mr. Martin made a hard right turn across our bow. His reckless action caused us to take an immediate right turn into the cut to avoid broadsiding his vessel. The speed of his maneuver appeared to have caused him to strike the bottom in the shallows on the South side of the North Lake cut. This incident involving the two boats could have led to injuries and or possibly a fatality to anyone; if not all of the six occupants on board the two vessels. Mr. Roland Martin continued to operate his boat and accelerated away from us never stopping to see if his action had caused any injuries or damage at a high rate of speed as he entered the flat area.
Based on my observations of the way Mr. Roland Martin operated his vessel, not only satisfied the intent and presumption of FSS 327.33 but, displayed a total disregard for the safety and well-being of others and for the safety of his own passengers, his own well-being, and his vessel.
I would consider this post to be a Public Service/Safety announcement to other boaters not only based on my own personal experience but, after talking with several other boaters who have had similar incidents on headwaters lake, involving this highly identifiable boat operated Mr. Roland Martin. It appears he operates his vessels without fear of consequences from authorities. Perhaps Mr. Roland Martins believes that based on his fame and notoriety, the members of Fresh Water Game and Fish Commission are his personal friends.
Thank you
Frank F. Imparato, concerned citizen.
FLSENATE.GOV
Chapter 327 Section 73 - 2012 Florida Statutes - The Florida Senate

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