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.