FL Dive Flag Violations Question

[tddfleming]

We just moved down here within the last week to south FL. Went diving this weekend at John U. Lloyd to try our hand at lobster hunting. We started out with the yellow float with the dive flag connected, however, while down the flag come off and was lost without us knowing. When we came back up to the surface there was the FL fish and wildlife folks waiting for us. We explained that we had a flag but the waves and wind must have taken it while we were down. No go, $90 ticket for not displaying diver down flag. My question, is this worth fighting or just pay the ticket??

 

[Reck Diver]

Pay the ticket, then go purchase a better flag.

 

[dkramer]

I agree with Reck Diver.

 

[dumpsterDiver]

Welcome to Florida TOURIST! The state needs your money!

 

[mainedvr]

had that happen (well the flag section coming off that is) I know run the line through the ring that is on the flag section and back down to the weight so it can not come off in the waves. Do not live in FL but probably just better off paying the fine

 

[jar546]

It's hard to comprehend why the FWC would cite, even though you still had a yellow float that says "Divers Below" on it. You cannot control the flag being blown off but at least you had a float. I would think that better judgement would have given you a warning since you still had a float. Fines should be reserved for those who make no attempt to use a flag or float of any sort, not for those who were trying to do the right thing and follow the rules. Lesson learned on how to attach the flag. It is situations like this that develop tension between the FWC and the public. I think this was poor judgement if the story is true as presented.

 

[pafindr]

It's hard to comprehend why the FWC would cite, even though you still had a yellow float that says "Divers Below" on it.

Actually it's not that hard to comprehend. The law states that you MUST fly a diver down FLAG. A float is not a flag. A float is more difficult to see by boaters. As it is already boaters have trouble seeing a flag (or ignore them completely).

You cannot control the flag being blown off but at least you had a float. I would think that better judgement would have given you a warning since you still had a float.

A person can control if their flag gets blown off by making sure it's securely affixed. If the flag did happen to get blown off it should have been attached in a way that it would still be attached to the float so you have "proof" that you had a flag.

Fines should be reserved for those who make no attempt to use a flag or float of any sort, not for those who were trying to do the right thing and follow the rules. Lesson learned on how to attach the flag. It is situations like this that develop tension between the FWC and the public. I think this was poor judgement if the story is true as presented.

How is it poor judgment? As far as the FWC officer is concerned there was never a flag on the float. How many times do you think a LEO hears excuses as to why someone didn't obey the laws? There was no proof (as the story was presented) there was a flag in the first place, that's why he got a ticket.

Statutes & Constitution :View Statutes : Online Sunshine
[SIZE=-1]327.331(1)
[/SIZE][SIZE=-1](c) “Divers-down flag” means a flag that meets the following specifications:
1. The flag must be square or rectangular. If rectangular, the length must not be less than the height, or more than 25 percent longer than the height. The flag must have a wire or other stiffener to hold it fully unfurled and extended in the absence of a wind or breeze.
2. The flag must be red with a white diagonal stripe that begins at the top staff-side of the flag and extends diagonally to the lower opposite corner. The width of the stripe must be 25 percent of the height of the flag.
3. The minimum size for any divers-down flag displayed on a buoy or float towed by the diver is 12 inches by 12 inches. The minimum size for any divers-down flag displayed from a vessel or structure is 20 inches by 24 inches.
4. Any divers-down flag displayed from a vessel must be displayed from the highest point of the vessel or such other location which provides that the visibility of the divers-down flag is not obstructed in any direction.


[/SIZE][SIZE=-1]
[/SIZE]

 

[sportxlh]

I agree that you should not fight this rather, you should pay the ticket. I ran a zip tie through the lower grommet of my flag to make sure it was doubly secured to the pole. I've talked to divers that have been ticketed at BHB when their flag fell off in a manner similar to your experience: so you are not being singled out in an unusual manner.

 

[Caggm]

Life school it's the most expensive, even if you tray to fight, you need to pay them, the same happens to a friend of mine, and after a long waiting he pay the ticket.

 

[Scuba_Jenny]

Pay the fine. Secure your flag to the pole. Lesson learned.