Florida SCUBA divers and snorkelers face an all too common threat when engaging in their favorite aquatic activity. That threat is negligent boat operators. In most dive accident cases it is found that the boat operator failed to abide by and/or follow regulations that provide for boating restricted areas. Sadly, this failure to follow the law many times leads to injuries, and sometimes, death.
In 2013 alone, Florida’s Fish and Wildlife Conservation Commission (“FWC”) issued 506 citations for “Negligent Operation of a Vessel.” When including data on all law enforcement agencies (not just the FWC), 642 uniform boating citations were issued for such a violation. The FWC’s Boating Accidents Statistical Report outlines 5 categories that fall within the purview of such a citation: (1) reckless operation of a vessel; (2) careless operation of a vessel; (3) navigation rule violation resulting in an accident; (4) navigation rule violation not resulting in an accident; (5) failure to report an accident. Accordingly, one’s negligent operation of a watercraft may overlap with other violations of safety ordinances.