Florida Senate - 2014 SB 1176
By Senator Abruzzo
25-01240D-14 20141176__
1 A bill to be entitled
2 An act relating to divers; amending s. 327.331, F.S.;
3 defining the terms “divers-down buoy” and “divers-down
4 symbol”; revising the definition of "divers-down"
5 flag; requiring all divers to prominently display a
6 divers-down flag or buoy in the area in which the
7 diving occurs; requiring vessel operators encountering
8 divers-down buoys to take specified actions;
9 prohibiting a divers-down buoy from being used or
10 displayed onboard a vessel; conforming provisions to
11 changes made by the act; making technical changes;
12 amending ss. 327.395 and 327.73, F.S.; conforming
13 provisions to changes made by the act; providing an
14 effective date.
15
16 Be It Enacted by the Legislature of the State of Florida:
17
18 Section 1. Section 327.331, Florida Statutes, is amended,
19 and subsection (1) of that section is reordered, to read:
20 327.331 Divers; definitions; divers-down flag or buoy
21 required; obstruction to navigation of certain waters; penalty.—
22 (1) As used in this section:
23 (a) “Diver” means a any person who is wholly or partially
24 submerged in the waters of the state and is equipped with a face
25 mask and snorkel or underwater breathing apparatus.
26 (e)(b) “Underwater breathing apparatus” means any
27 apparatus, whether self-contained or connected to a distant
28 source of air or other gas, whereby a person wholly or partially
29 submerged in water is enabled to obtain or reuse air or any
30 other gas or gases for breathing without returning to the
31 surface of the water.
32 (b) “Divers-down buoy” means a buoyant device, other than a
33 vessel, which displays a divers-down symbol of at least 12
34 inches by 12 inches on four flat sides, which is prominently
35 visible on the water’s surface when in use.
36 (c) “Divers-down flag” means a flag that meets the
37 following specifications:
38 1. The flag must be square or rectangular. If rectangular,
39 the length must not be less than the height, or more than 25
40 percent longer than the height. The flag must have a wire or
41 other stiffener to hold it fully unfurled and extended in the
42 absence of a wind or breeze.
43 2. The flag must consist of a divers-down symbol on each
44 side with be red with a white diagonal stripe that begins at the
45 top staff-side of the flag and extends diagonally to the lower
46 opposite corner. The width of the stripe must be 25 percent of
47 the height of the flag.
48 3. The minimum size for any divers-down flag displayed on a
49 buoy or float towed by the diver is 12 inches by 12 inches. The
50 minimum size for any divers-down flag displayed from a vessel or
51 structure is 20 inches by 24 inches.
52 4. Any divers-down flag displayed from a vessel must be
53 displayed from the highest point of the vessel or such other
54 location which provides that the visibility of the divers-down
55 flag is not obstructed in any direction.
56 (d) “Divers-down symbol” means a rectangular or square red
57 symbol with a white diagonal stripe. If rectangular, the length
58 must not be less than the height or more than 25 percent longer
59 than the height. The width of the stripe must be 25 percent of
60 the height of the symbol.
61 (2) All divers must prominently display a divers-down flag
62 or buoy in the area in which the diving occurs, other than when
63 diving in an area customarily used for swimming only. A divers
64 down buoy may not be used or displayed onboard a vessel.
65 (3) A diver or group of divers may not No diver or group of
66 divers shall display one or more divers-down flags or buoys on a
67 river, inlet, or navigation channel, except in case of
68 emergency, in a manner which shall unreasonably constitute a
69 navigational hazard.
70 (4) Divers shall make reasonable efforts to stay within 100
71 feet of a the divers-down flag or buoy on rivers, inlets, and
72 navigation channels. A Any person operating a vessel on a river,
73 inlet, or navigation channel must make a reasonable effort to
74 maintain a distance of at least 100 feet from any divers-down
75 flag or buoy.
76 (5) Divers must make reasonable efforts to stay within 300
77 feet of a the divers-down flag or buoy on all waters other than
78 rivers, inlets, and navigation channels. A Any person operating
79 a vessel on waters other than a river, inlet, or navigation
80 channel must make a reasonable effort to maintain a distance of
81 at least 300 feet from any divers-down flag or buoy.
82 (6) A Any vessel other than a law enforcement or rescue
83 vessel that approaches within 100 feet of a divers-down flag or
84 buoy on a river, inlet, or navigation channel, or within 300
85 feet of a divers-down flag or buoy on waters other than a river,
86 inlet, or navigation channel, must proceed no faster than is
87 necessary to maintain headway and steerageway.
88 (7) A The divers-down flag or buoy may not be displayed
89 must be lowered once all divers are aboard or ashore. A No
90 person may not operate any vessel displaying a divers-down flag
91 unless the vessel has one or more divers in the water.
92 (8) Except as provided in s. 327.33, a any violation of
93 this section is shall be a noncriminal infraction punishable as
94 provided in s. 327.73.
95 Section 2. Subsection (3) of section 327.395, Florida
96 Statutes, is amended to read:
97 327.395 Boating safety identification cards.—
98 (3) Any commission-approved boater education or boater
99 safety course, course-equivalency examination developed or
100 approved by the commission, or temporary certificate examination
101 developed or approved by the commission must include a component
102 regarding diving vessels, awareness of divers in the water,
103 divers-down flags and buoys, and the requirements of s. 327.331.
104 Section 3. Paragraph (u) of subsection (1) of section
105 327.73, Florida Statutes, is amended to read:
106 327.73 Noncriminal infractions.—
107 (1) Violations of the following provisions of the vessel
108 laws of this state are noncriminal infractions:
109 (u) Section 327.331, relating to divers-down flags and
110 buoys, except for violations meeting the requirements of s.
111 327.33.
112 Section 4. This act shall take effect July 1, 2014.