Florida Law regarding beach dives and boat traffic

[MikeyDog]

I will be in Panama City next week and would like to dive/snorkel off the beach in front of the condos where we are staying. Typically, there are parasails and jetskis operating off those beaches. Do I have a right to swim offshore where they may be operating as long as I have my Diver Down flag flying? Do they have an obligation to avoid me? Is it a matter of first come first served.

Thanks,
MikeyDog

 

[danvolker]

I will be in Panama City next week and would like to dive/snorkel off the beach in front of the condos where we are staying. Typically, there are parasails and jetskis operating off those beaches. Do I have a right to swim offshore where they may be operating as long as I have my Diver Down flag flying? Do they have an obligation to avoid me? Is it a matter of first come first served.

Thanks,
MikeyDog

The law protects you theoretically, but in practice, jetskiis will often use dive flags as slalom gates to have fun with....and boats doing 25 to 35 mph WILL NOT SEE your flag until much too late( of there are any waves at all).
If you are going to be in an area where few divers are known to be by boats or jetskiis, then you need to tow a bright colored kayak with a dive flag on it....Boats will realize that running over the kayak will cost them thousands in damages, so they will avoid this obstacle, that they are able to see far enough out to avoid.

 

[mike_s]

Dan is right on Jet Ski's. They are driven by the clueless.


snorkeling off the beach in Panama City... all you are going to see is sand. Lots and lots of sand.

You might see 1-2 shells and maybe a sand dollar.



If you want to snorkel in Panama City, go to St Andrews state park and snorkel at the jetties. All kinds of fish, crabs, and other critters make their home in the jetty rocks. A flag is advised there even against the rocks if you're "on the channel side" of the jetties. Mostly because the FWC will write you a ticket.

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FYI...

source Florida Dive Flags


Florida Dive Flags

Rules for FL divers and boaters

Thanks to Marc Faubert for gathering this information for us.


For Divers in Florida

The following is from Chapter 27 of the 2003 Florida Statutes:

327.331 Divers; definitions; divers-down flag required; obstruction to navigation of certain waters; penalty.--

(1) As used in this section:

(a) "Diver" means any person who is wholly or partially submerged in the waters of the state and is equipped with a face mask and snorkel or underwater breathing apparatus.

(b) "Underwater breathing apparatus" means any apparatus, whether self-contained or connected to a distant source of air or other gas, whereby a person wholly or partially submerged in water is enabled to obtain or reuse air or any other gas or gases for breathing without returning to the surface of the water.

(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.

(2) All divers must prominently display a divers-down flag in the area in which the diving occurs, other than when diving in an area customarily used for swimming only.

(3) No diver or group of divers shall display one or more divers-down flags on a river, inlet, or navigation channel, except in case of emergency, in a manner which shall unreasonably constitute a navigational hazard.

(4) Divers shall make reasonable efforts to stay within 100 feet of the divers-down flag on rivers, inlets, and navigation channels. Any person operating a vessel on a river, inlet, or navigation channel must make a reasonable effort to maintain a distance of at least 100 feet from any divers-down flag.

(5) Divers must make reasonable efforts to stay within 300 feet of the divers-down flag on all waters other than rivers, inlets, and navigation channels. Any person operating a vessel on waters other than a river, inlet, or navigation channel must make a reasonable effort to maintain a distance of at least 300 feet from any divers-down flag.

(7) The divers-down flag must be lowered once all divers are aboard or ashore. No person may operate any vessel displaying a divers-down flag unless the vessel has one or more divers in the water.

(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.​

For Boaters in Florida

The following is from Chapter 27 of the 2003 Florida Statutes:

(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.
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[ReefGuy]

Let me put it this way. I'm asst team leader for our Sheriff Office's dive team. Last Friday, we were training offshore near a popular reef in the area (Tremblay). We took two MARKED boats. Both boats flew flags, and dive elements also took flags. My flag has a base that is an innertube with a BRIGHT YELLOW canvas top (useful for carrying extra weights and such when instructing).

On our first dive, some jackass came flying on plane and actually hit my flag. Unfortunately, in an effort to save money, the second boat was piloted by one of our dive team members, and we only had driver on the surface. Both boats were tethered together, so the jackass got away. I certainly learned my lesson. next time both boats will have dedicated drivers.

It was last friday over here on the slow coast and the only boats in sight were ours and his.

Lesson here is: when you are diving, keep your eyes and ears open at all times.

 

[mike_s]

I got busted for diving off the beach without a flag a few years ago.

We surface about 100 yards offshore to see what each other wanted to do. (continue dive, head back ,etc). It was a shallow dive and easy to pop up.


saw beach patrol stop his utility vehicle, back up, grab his binoculars and look at us. I said, I think we just got busted. the other guy said "yep". I said let's go back down and dive a while and see if he's bored enough to wait on us.

well he was. he waited 45 minutes for us to come out.


He was actually pretty cool about it. When we got out he asked if we knew we were supposed to have a flag, and we said, yes, but that we thought it was more dangerous to be out there with a flag. because boaters would "aim for it", especially the nearby jet ski rental. (he kinda agreed and shook his head).

we were diving on a set of pier pilings that were cut off just below the water line.

He asked "what if a big boat came though there?" I said, that'd be cool, He'd hit all those pilings that are sticking up.

He just laughed and let us go. Told us we really should have a flag as other folks would have written us a ticket. I'm pretty sure if it was FWC, we would have gotten a ticket.

 

[MikeyDog]

Thanks for all the good advice. My wife and I are going down for a week, and I prefer to stay near her. I understand there's not much to see out there other than a few rays and sand dollars, but its good exercise.

I do plan to spend a day down on the jetty, maybe drift in on the incoming tide.

I was just pretty frustrated in years past that the jetskis and parasail boats tended to keep me in about 8 feet of water. Don't have the luxury of a kayak. Just thought I would bring a towed flag device and hope to keep them away. Maybe more time on the jetty is smarter.

 

[mike_s]

Thanks for all the good advice. My wife and I are going down for a week, and I prefer to stay near her. I understand there's not much to see out there other than a few rays and sand dollars, but its good exercise.

I do plan to spend a day down on the jetty, maybe drift in on the incoming tide.

Take your wife a beach chair and an umbrella and there is a real nice "tidal pool" that she can hang out by at the St Andrews Jetties. it's flat as a swimming pool (most of the time).

Take a cooler, sandwiches and make a day of it. St Andrews is a nice park. Get her chair set up on the beach, and head to the water.

 

[LowVizWiz]

The way I look at this issue is this:
Yes the law is there to protect you as a diver, but the law won't do anything for you to actually protect you from physical harm.

In other words, if a boat runs you over, the law will do nothing to restore your life back to normal if you're lucky enough to survive the incident. Sure it will provide a basis for you or your family to sue and maybe get some money. But personally I'd rather enjoy the rest of my life with all my limbs intact. For some perspective search Scubaboard or google Rob Murphy Day in Court

Take your safety into your own hands, use common sense and avoid putting yourself in harms way as much as possible. Whenever I dive or snorkel my head is on a virtual swivel for boat traffic. Yes they are supposed to stay away from my flag, but that won't help my family much if I'm gone.

 

[claytonjrabens]

Yeah seems like taking precautions are the only way out, law has nothing to do with anyone ever. It never did. You've got only one life, spend it carefully.