Bill Text: FL S1176 | 2014 | Regular Session | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Divers
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2014-04-23 - Laid on Table, companion bill(s) passed, see HB 1049 (Ch. 2014-138) [S1176 Detail]
Download: Florida-2014-S1176-Introduced.html
Bill Title: Divers
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2014-04-23 - Laid on Table, companion bill(s) passed, see HB 1049 (Ch. 2014-138) [S1176 Detail]
Download: Florida-2014-S1176-Introduced.html
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 aanyperson 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 withbe red witha 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 of47the 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 notNo diver or group of66divers shalldisplay 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 athedivers-down flag or buoy on rivers, inlets, and 72 navigation channels. AAnyperson 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 athedivers-down flag or buoy on all waters other than 78 rivers, inlets, and navigation channels. AAnyperson 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) AAnyvessel 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) AThedivers-down flag or buoy may not be displayed 89must be loweredonce all divers are aboard or ashore. ANo90 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, aanyviolation of 93 this section isshall bea 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.