Dive Flag Violations

[Jon Remington]

You might have been ticketed under a local or county law at $109.
Because state law violations are 'Must Appear" when it falls under FS327.331 and FS327.73

It was definitely state. Florida Fish and Wildlife. You can mail it in with a guilty box checked or actually go online and type in the citation number and pay by card. It used to be $90 according to the dive shop.

 

[johndiver999]

Rather than an inflatible flag, you could try to find one of the crappiest hard ones. Some are made with a cylindrical piece of highly compressible foam as a float You could easily tow this on a 12-15 ft lanyard from the scooter and have it remain submerged for the entire dive. You could probably figure out a velcro strap to keep the flag rolled up. At the end of the dive, get shallow. slow way down and allow the flag to rise to the surface.

If you display a flag going in and out, I think they would be hard pressed to bust you.

 

[GiraffeMarineSalvage]

I can't help but wonder if the FWC officer would have ticketed you if you had deployed a SMB prior to surfacing and towed it in that last little stretch...
(ie ticketing primarily to discourage action that was viewed as "unsafe" as opposed to primarily for revenue).
On the one hand SMB would have in many situations similar to what you described relatively "safer" (each situation unique so not judging at all, simply considering typical risk of getting propped by a boat vs typical entangled in one's own line) and it would have signaled to those in the know that you knew what you were doing, were risk aware and responsibly implementing the safest practices for your dive based on a wide range of considerations; on the other hand a DSMB appearing out of nowhere could be mistaken as a diving emergency and result in some random person rushing over to pull up the line to "rescue" you as quickly as possible...
Anchoring a typical float with a waterproof note saying approximate start and end time is another option, but personally I would lean towards DSMBs (and try to educate the unaware of the very simple communication system of one SMB all good, two SMB may need help but not to go rapidly pulling on the line...) and primarily start/end from a more remote location...

 

[Jon Remington]

From Statutes & Constitution :View Statutes : Online Sunshine and Statutes & Constitution :View Statutes : Online Sunshine

1. For a first offense, $100.
2. For a second offense occurring within 12 months after a prior conviction, $250.
3. For a third offense occurring within 36 months after a prior conviction, $500.
4. For a fourth or subsequent offense occurring within 72 months after a prior conviction, $1,000.

The $109 versus $100 might be handling fees and credit card charges.

Thanks. Well the good news is, the second offense can be anything that falls under FS327 codes. Not just another dive flag event.

 

[Jon Remington]

I can't help but wonder if the FWC officer would have ticketed you if you had deployed a SMB prior to surfacing and towed it in that last little stretch...
(ie ticketing primarily to discourage action that was viewed as "unsafe" as opposed to primarily for revenue).
On the one hand SMB would have in many situations similar to what you described relatively "safer" (each situation unique so not judging at all, simply considering typical risk of getting propped by a boat vs typical entangled in one's own line) and it would have signaled to those in the know that you knew what you were doing, were risk aware and responsibly implementing the safest practices for your dive based on a wide range of considerations; on the other hand a DSMB appearing out of nowhere could be mistaken as a diving emergency and result in some random person rushing over to pull up the line to "rescue" you as quickly as possible...
Anchoring a typical float with a waterproof note saying approximate start and end time is another option, but personally I would lean towards DSMBs (and try to educate the unaware of the very simple communication system of one SMB all good, two SMB may need help but not to go rapidly pulling on the line...) and primarily start/end from a more remote location...

I'm afraid it had little to do with safety. The offending officer was checking Lobsters. My Lobsters checked out. But, he was pissed that he had to wait 3 hours for me to come in. I was on a 133cf tank and DPV. If I was that hard on his job he should of just gone home. Instead, he drummed up this horrific scenario in his head and figured I'd died out there and "a recovery operation without a dive flag will make for a long day". It's my choice to stay out to the fullest of my equipment capabilities. It's a free ocean as far as I'm concerned. If he wants to measure Lobsters he can do that on his own time.

 

[grantmac]

what about a barely positive float on a short bit of line that will stay submerged then float back up when you stop?

Seems a silly rule and I'm glad we have nothing of the sort here.

 

[Gone for diving]

It was definitely state. Florida Fish and Wildlife. You can mail it in with a guilty box checked or actually go online and type in the citation number and pay by card. It used to be $90 according to the dive shop.

What happened if you mark not guilty,
For personal safety reasons.

I always carry a lift bag.
But refuse to drag a dive flag, the currents make it to dangerous to have that much line in the water. Never mind trying to hold on to it.
Dsmb with a flag patch glued to the top. And a slow leak should solve your problem.

 

[Jon Remington]

Rather than an inflatible flag, you could try to find one of the crappiest hard ones. Some are made with a cylindrical piece of highly compressible foam as a float You could easily tow this on a 12-15 ft lanyard from the scooter and have it remain submerged for the entire dive. You could probably figure out a velcro strap to keep the flag rolled up. At the end of the dive, get shallow. slow way down and allow the flag to rise to the surface.

If you display a flag going in and out, I think they would be hard pressed to bust you.

Yeah, that is a good idea. I'll probably buy six or seven. Maybe cut em down a little and stuff one into this old Fold-A-Spear pouch that clips around the waist and leg. Probably barely notice it.
Maybe even stash some along the scuba trail. It seems to be the exit that captures the citations. There's an old grocery card down there. Some abandoned cages used in an FSU experiment. Heavy equipment thrown overboard years ago. Places like that.
Its ridiculous, but the fines more than double each time so pretty much worth it.

 

[Jon Remington]

what about a barely positive float on a short bit of line that will stay submerged then float back up when you stop?

Seems a silly rule and I'm glad we have nothing of the sort here.

For sure. The law only states the flag must be 12" X 12" and ridged or diagonal wire supported to stay unfurled. Could roll it up. And the float can be anything at all.

 

[Jon Remington]

What happened if you mark not guilty,
For personal safety reasons.

I always carry a lift bag.
But refuse to drag a dive flag, the currents make it to dangerous to have that much line in the water. Never mind trying to hold on to it.
Dsmb with a flag patch glued to the top. And a slow leak should solve your problem.

You'd have to go to court to contest it if you mark No Contest or Not Guilty. I'd imagine Personal Safety Reasons mean nothing to them as they process it through. Courts just follow written law, safe or not.
Definitely have a lift bag to float fish, so as to avoid a shark taking a catch off my body. I could definitely unroll a flag and mount it to that. There's actually one made just for that.