Dive Flags?

[H2Andy]

here's the key to the Florida dive-flag law (327.331)

(6) Any vessel other than a law enforcement or rescue vessel that approaches within 100 feet of a divers-down flag on a river, inlet, or navigation channel, or within 300 feet of a divers-down flag on waters other than a river, inlet, or navigation channel, must proceed no faster than is necessary to maintain headway and steerageway.

thus, if you stay within 100 feet of the flag on a river, inlet, or navigation chanel, or
300 feet in all other waters, you should be "protected" to the extent the boaters
see your flag and slow down.

as has been said on this thread, i wouldn't count on it. keep your eyes and ears
peeled, particulalry when shallow.

btw, if the boater gets caught breaking this law, they get fined a hefty
$50 (as a non-criminal violation), unless they are found to be operating
the boat recklessly or carelessly, in which case it becomes a first degree
misdemeanor.

if there's an accident involved (i can only imagine that hitting a diver constitutes an accident), but no recklessness or carelessness, then it's only a second degree
misdemeanor.

failing to display the flag is also a violation of the statute, and punishable by
a $50.00 non-criminal violatioin.

BUT if you get hit and you don't have the flag, i can only imagine the grin on the
boater's lawyer's face (well, your honor... they were in violation of....)

 

[Orlando Eric]

I figured Eric would have the Statute quoted. Hey Eric, can you tell me the required thickness of an average motor vehicle tire????.........:lol2:

Without putting on pants, going outside to my POV to get my statue book I am going to guess. I seem to remember reading that a minimum tread depth is to be 3/32". I do not recall a actual required thickness of the tire other than tread depth. Am I even close??

 

[Firebrand]

ReefGuy said he's seen people fined as much as $250 (in Florida) for diving without a dive flag off Venice Beach.

 

[H2Andy]

must be a local ordinance. State law is a $50 fine, but if you contest it in
court and lose, up to $500

or is that area a national park or a state park? they may have their own fines

here's the statute (327.331):

(8) Except as provided in s. 327.33, any violation of this section shall be a noncriminal infraction punishable as provided in s. 327.73.

(327.33 does not apply: that is operating a boat recklessly or carelessly)

Per 327.73:

(1) Any person cited for a violation of any such provision shall be deemed to be charged with a noncriminal infraction, shall be cited for such an infraction, and shall be cited to appear before the county court. The civil penalty for any such infraction is $50, except as otherwise provided in this section.

however, if you dispute it in court:

(5) Any person electing to appear before the county court or who is required so to appear shall be deemed to have waived the limitations on the civil penalty specified in subsection (1). The court, after a hearing, shall make a determination as to whether an infraction has been committed. If the commission of an infraction has been proven, the court may impose a civil penalty not to exceed $500.

 

[Firebrand]

I'm betting a local ordinance. At Casperson beach, (a public park) the fine might be higher. We didn't risk it and had our flag. We also witnessed a Jet Ski speeding around the flag of another group of divers. It's a shame that anyone can rent those things without knowing the proper laws concerning divers.

 

[Scuba_Jenny]

If I remember correctly, the person fined $250 at Venice was pushing the officers buttons.

 

[Firebrand]

Could have been, I don't know the full story.

 

[CBulla]

I'm betting a local ordinance. At Casperson beach, (a public park) the fine might be higher. We didn't risk it and had our flag. We also witnessed a Jet Ski speeding around the flag of another group of divers. It's a shame that anyone can rent those things without knowing the proper laws concerning divers.

Welcome to Venice Beach where water law enformcement is random at best and ignored by the greater majority of boaters! The dive flag, while state law to carry, also makes you a TARGET for the completely unaware.

 

[Firebrand]

"Hey Bill, let's take the Jet Skis over there and see what that thing is with all the bubbles around it."

"Ok Jane. For good measure, let's be sure to haul @$$ while we investigate!"

 

[ReefGuy]

Sorry, amount was wrong, it was $168. Here's the thread:
http://www.scubaboard.com/showthread.php?t=76976