Bill Text: FL S1176 | 2014 | Regular Session | Comm Sub


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-Comm_Sub.html
       Florida Senate - 2014                             CS for SB 1176
       
       
        
       By the Committee on Judiciary; and Senator Abruzzo
       
       
       
       
       
       590-03994-14                                          20141176c1
    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”; revising the requirements of display signs in
    6         which diving occurs; prohibiting a divers-down buoy
    7         from being used or displayed onboard a vessel;
    8         requiring divers and vessel operators encountering
    9         divers-down buoys to take specified actions;
   10         conforming provisions to changes made by the act;
   11         making technical changes; amending ss. 327.395 and
   12         327.73, F.S.; conforming provisions to changes made by
   13         the act; providing an effective date.
   14          
   15  Be It Enacted by the Legislature of the State of Florida:
   16  
   17         Section 1. Section 327.331, Florida Statutes, is amended,
   18  and subsection (1) of that section is reordered, to read:
   19         327.331 Divers; definitions; divers-down flag or buoy
   20  required; obstruction to navigation of certain waters; penalty.—
   21         (1) As used in this section, the term:
   22         (a) “Diver” means a any person who is wholly or partially
   23  submerged in the waters of the state and is equipped with a face
   24  mask and snorkel or underwater breathing apparatus.
   25         (e)(b) “Underwater breathing apparatus” means any
   26  apparatus, whether self-contained or connected to a distant
   27  source of air or other gas, whereby a person wholly or partially
   28  submerged in water is enabled to obtain or reuse air or any
   29  other gas or gases for breathing without returning to the
   30  surface of the water.
   31         (b) “Divers-down buoy” or “buoy” means a buoyant device,
   32  other than a vessel, which displays a divers-down symbol of at
   33  least 12 inches by 12 inches on three or four flat sides and
   34  which is prominently visible on the water’s surface when in use.
   35         (c) “Divers-down flag” means a flag that meets the
   36  following specifications:
   37         1. The flag must be square or rectangular. If rectangular,
   38  the length must not be less than the height, or more than 25
   39  percent longer than the height. The flag must have a wire or
   40  other stiffener to hold it fully unfurled and extended in the
   41  absence of a wind or breeze.
   42         2. The flag must consist of a divers-down symbol on each
   43  side be red with a white diagonal stripe that begins at the top
   44  staff-side of the flag and extends diagonally to the lower
   45  opposite corner. The width of the stripe must be 25 percent of
   46  the height of the flag.
   47         3. The minimum size for any divers-down flag displayed on a
   48  buoy or float towed by the diver is 12 inches by 12 inches. The
   49  minimum size for any divers-down flag displayed from a vessel or
   50  structure is 20 inches by 24 inches.
   51         4. Any divers-down flag displayed from a vessel must be
   52  displayed from the highest point of the vessel or such other
   53  location which provides that the visibility of the divers-down
   54  flag is not obstructed in any direction.
   55         (d) “Divers-down symbol” means a rectangular or square red
   56  symbol with a white diagonal stripe. If rectangular, the length
   57  must not be less than the height or more than 25 percent longer
   58  than the height. The width of the stripe must be 25 percent of
   59  the height of the symbol.
   60         (2) All divers must prominently display a divers-down flag
   61  or buoy in the area in which the diving occurs, other than when
   62  diving in an area customarily used for swimming only. A divers
   63  down buoy may not be used or displayed onboard a vessel.
   64         (3) A diver or group of divers may not No diver or group of
   65  divers shall display one or more divers-down flags or buoys on a
   66  river, inlet, or navigation channel, except in case of
   67  emergency, in a manner which shall unreasonably constitute a
   68  navigational hazard.
   69         (4) Divers shall make reasonable efforts to stay within 100
   70  feet of a the divers-down flag or buoy on rivers, inlets, and
   71  navigation channels. A Any person operating a vessel on a river,
   72  inlet, or navigation channel must make a reasonable effort to
   73  maintain a distance of at least 100 feet from any divers-down
   74  flag or buoy.
   75         (5) Divers must make reasonable efforts to stay within 300
   76  feet of a the divers-down flag or buoy on all waters other than
   77  rivers, inlets, and navigation channels. A Any person operating
   78  a vessel on waters other than a river, inlet, or navigation
   79  channel must make a reasonable effort to maintain a distance of
   80  at least 300 feet from any divers-down flag or buoy.
   81         (6) A Any vessel other than a law enforcement or rescue
   82  vessel that approaches within 100 feet of a divers-down flag or
   83  buoy on a river, inlet, or navigation channel, or within 300
   84  feet of a divers-down flag or buoy on waters other than a river,
   85  inlet, or navigation channel, must proceed no faster than is
   86  necessary to maintain headway and steerageway.
   87         (7) A The divers-down flag or buoy may not be displayed
   88  must be lowered once all divers are aboard or ashore. A No
   89  person may not operate any vessel displaying a divers-down flag
   90  unless the vessel has one or more divers in the water.
   91         (8) Except as provided in s. 327.33, a any violation of
   92  this section is shall be a noncriminal infraction punishable as
   93  provided in s. 327.73.
   94         Section 2. Subsection (3) of section 327.395, Florida
   95  Statutes, is amended to read:
   96         327.395 Boating safety identification cards.—
   97         (3) Any commission-approved boater education or boater
   98  safety course, course-equivalency examination developed or
   99  approved by the commission, or temporary certificate examination
  100  developed or approved by the commission must include a component
  101  regarding diving vessels, awareness of divers in the water,
  102  divers-down flags and buoys, and the requirements of s. 327.331.
  103         Section 3. Paragraph (u) of subsection (1) of section
  104  327.73, Florida Statutes, is amended to read:
  105         327.73 Noncriminal infractions.—
  106         (1) Violations of the following provisions of the vessel
  107  laws of this state are noncriminal infractions:
  108         (u) Section 327.331, relating to divers-down flags and
  109  buoys, except for violations meeting the requirements of s.
  110  327.33.
  111  
  112  Any person cited for a violation of any provision of this
  113  subsection shall be deemed to be charged with a noncriminal
  114  infraction, shall be cited for such an infraction, and shall be
  115  cited to appear before the county court. The civil penalty for
  116  any such infraction is $50, except as otherwise provided in this
  117  section. Any person who fails to appear or otherwise properly
  118  respond to a uniform boating citation shall, in addition to the
  119  charge relating to the violation of the boating laws of this
  120  state, be charged with the offense of failing to respond to such
  121  citation and, upon conviction, be guilty of a misdemeanor of the
  122  second degree, punishable as provided in s. 775.082 or s.
  123  775.083. A written warning to this effect shall be provided at
  124  the time such uniform boating citation is issued.
  125         Section 4. This act shall take effect July 1, 2014.

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