2airishuman
Contributor
I'm not sure if it's required by most states, but Florida leads the way in having the best law on the books. The problem is one with consistency. It's hard to get it right 50 times... there should be one set of requirements.
The laws are all pretty similar.
The way I see it, the problem with the laws is that most of them (including Florida and Minnesota) impose a mandate on divers. This is because the way legislation gets passed, I think, and has nothing to do with safety. I often dive without a flag if I don't think it will improve the safety of the dive. Typically this is because I am in a lake or river that doesn't have any power boats. So far, I haven't been cited for it. Matter of time, I guess. I understand that citing divers without flags, or with the wrong kinds of flags, or not enough flags, or too far from the flag, is a common practice for revenue and sport in Florida.
Shore access is a problem everywhere and sometimes there is no reason to draw attention to a dive when the access situation is complicated. The world over there are powerful shoreline landowners who want to keep the lakes and rivers as private resources for their own use and who are able to get cities, towns, counties, etc., to restrict swimming and diving in the name of safety and liability. Never mind the state laws that preempt that sort of thing. Easier to leave the flag in the truck than set foot down the path of being an expensive test case.