Florida Diver Protection Law?

[Bottomfeeder Brodie]

Last Sunday Mrs. Bottomfeeder Brodie and I were diving Venice Beach, Fl and were washed to about 100 ft beyond the pier by a hard south current. Some jackass kid dove in off the pier and grabbed my float and started hauling me up. Ok....no problem. Did I mention divers carry rather large knives? Well, he found out as they were the first thing out of the water. After refusing to help him find his gold braclet under the pier he dropped because , as I told him, it was illegal for me to approach the pier. I also gave him a 2 minute block of instruction on the physiology of diving and about rapid ascents from 25 ft. I dove back down and was hauled up again. After promising to carve him up and pull him down with me, he left me alone with my newly broken dive flag. I descended again with my wife after cutting several fishing lines from the idiots on the pier trying to snag me with hooks and took what was left of my float down with me. We made a rapid retreat to the shore to make good on my part to meet him and his friend there and no idiots. I called the police and so did 2 other people who witnessed the incident from the pier. 2 sheriffs boats and 8 deputies later, they were led from the pier in handcuffs with 500.00 dollar fines for diving from the pier, 1 yrs banning from the property and my question to you. Thiy were charged with battery for pulling up a diver! Apparently a law we have here? The Sgt, guy said it was a law and they were taken to jail. Go figure. They already had warrants for their arrest so I didnt press any charges. What a weird day. Got a broken flag and a splitting headache from the ascent for 2 days but......what a day! Battery....and I can see why. If I was any deeper I would have cut my line obviously but I was pissed!

Ever happen to anybody here before? Love to hear the stories with the 8 x 10 colored glossy photos with the circles and arrows and the paragraph on the back.....

 

[ZzzKing]

Good thing you weren't carrying one of those broken-off Betty Crocker knives. It's hard to make a proper threat with one of those.

 

[AzAtty]

You probably haven't run across a new law protecting scuba divers, although it would be wonderful if you had.

Battery is, in most states, a tort (civil injury), and the simplest definition of "battery" is a non-consensual touching (ok, it can also be those thingies inside a light that make it go all shiny and bright when you push the switch). "Battery" may also be a criminal offense. Depending on the state in which you live, the crime of "assault" usually includes actions that could consitute battery (hence, you often hear of "assault and battery" in criminal cases). The statutes governing assault will typically read something like: (a) Intentionally, knowingly or recklessly causing any physical injury to another person; or (b) Intentionally placing another person in reasonable apprehension of imminent physical injury; or (c) Knowingly touching another person with the intent to injure, insult or provoke such person.

In your case, repeatedly dragging up a diver from depth could fall within the definition of "assault" provided above. Florida may classify the actions noted above as "assault and battery" or simply "battery." One of the Florida lawyers can chime in on that state's definition.

This is a novel application of an assault statute; first I've heard of any like it, as a matter of fact, and I tend to update my legal research on scuba-related suits every couple of years. It would be fun to be the prosecutor on this case. The thing is, most defense attorneys will probably laugh off an assault charge because the average lawyer doesn't know anything about diving physiology or why a diver would be apprehensive of being dragged up to the surface.

 

[DeepSeaExplorer]

I've been pulled up several times over the years, once by the marine patrol to see if I was lobstering out of season, once by a lifeguard on a surf board to tell me I couldn't solo dive, and once by some guy on a boat looking for his dive buddy.

It happens...

I am surprised however that you were not able to ascend from 25 feet without getting a headache. Perhaps your headache had more to do with situation topside than the ascent. You should be able to come directly to ths surface from that depth regardless of bottom time. I did a 3.75 hour dive at 25 feet just last weekend in Venice looking for sharks teeth and came straight to the surface, no problems.

Fishermen are always a problem for divers. I had a dive buddy get exhausted on a dive and we were trying to work our way back thru the surf and several fishermen would not pull their lines to clear a path for us. Then they started complaining that we were getting in their lines. What did they expect? What were we supposed to do just go back in the water and wait until they were done?

 

[oldtimerbob]

I get headaches from rapid ascents myself.....i guess some do and some dont

 

[Air On]

I still think dive flags should have clamores on them that go off if anything gets within 100 feet of them on the surface... Ok fine they can have a warning horn for 150 feet first...

But seriously, is there an easy way to put an air horn on the float that you can fire from the bottom of the leash with a button in inner cord of the tow strap?

Localy:
The boaters in Arizona are just uneducated when it comes to dive flags... Or just drunk likedriving up into the rocks... 3 boats run aground in 2 weeks, 1 motor home in the lake... Thats just at Lake Pleasant!

They don't enforce dive flag rules in AZ, Divers beware. People run over flags, steal the flags, buzz the flags... Then there is nothing you can do about it.

I've been fished once so far, down in Mexico. I got caught in early season low vis and was snagged in the line as the current push me into it. Did a cut free and then burried the line, mass of hooks and lead under a big rock at the bottom once I was free.

I opted to cut the line above me first so they couldn't haul me in, out of depth. Then I cut the line below me every couple feet as i followed it down to the hooks. I was just glad the open ocean line was something i could cut with my dive knife.

 

[scubadobadoo]

I've been pulled up several times over the years, once by the marine patrol to see if I was lobstering out of season...

I would have had his ass and his job for doing that to me. Beyond breaking the laws he is paid by you to enforce, he also put you in harms way obviously. I assume he was in a boat? This really pisses me off (nothing personal) if it really happened. This is kinda like a cop pulling a person out of a moving car to see if they have an expired drivers license.

I find dive flags to be targets more than anything else unfortunately.

I love that the OP busted the hell out of those morons.

 

[Nemrod]

Good thing you weren't carrying one of those broken-off Betty Crocker knives. It's hard to make a proper threat with one of those.

No, but a Glock would.

N

 

[String]

One thing that confuses me here - how can someone be pulled up by their float? Why not just let it go?

 

[Nemrod]

One thing that confuses me here - how can someone be pulled up by their float? Why not just let it go?

I was wondering the same thing, why not just let go and go about your buisness, floats are cheap and they get no satisfaction for pestering you. You should never attach a flag to your body. N