Attached is a Microsoft Word document relating to Florida’s newly introduced
bills for the regulation of Recreational Scuba diving.  The document
contains a summary, legislative history, full text and staff commentary of
separate bills proposed by the Florida Senate and the Florida House of
Representatives.  I recognize that this is a long message, particularly with
the document attached, but think it is a sufficiently important issue to
warrant a one time post.  For those who disagree, I apologize in advance.
Anyone interested in the issues who can not use a Microsoft Word document,
please e-mail me privately.  I can provide comparable Word Pefect 6.0 and/or
ASCII Test versions if necessary.

While the bills are clearly aimed at regulation of the quality of air sold
to recreational divers in Florida, I find it significant that the Bills are
entitled “Recreational Sport Diving.”  It is my opinion that selection of
this specific wording is ominous in that it seems to invite further
regulation of the sport beyond the issue of air quality.

While I am not personally against the idea of legislation to ensure the
quality of air used to fill our tanks, there are a number of issues in the
bill that I find myself disagreeing with.  Specifically:
1. It is my opinion that the testing method specified in these bills will
not work.  As I read the legislation, those who provide air for compensation
are required to send samples to the Department of Health in containers
provided by the department.  It is my opinion that those providers who are
most likely to comply honestly are the same providers who already test the
quality of their air periodically.  Those who do not presently test air
quality are likely to include  those who would rather supply fraudulent
samples from a known clean supply.  Neither the honest nor the less than
honest providers are likely to provide samples of air randomly selected in a
way that might detect pre-service filter contamination or the presence of a
contaminant source on an occasional basis (like a running car close to an
air intake).  In short, I think the bills, as written will inconvenience the
honest without significantly increasing the certainty that air fills meet
quality guidelines.  I can support the bill only if testing is done on site,
on a random surprise basis.  It is interesting that both staff commentaries
identify this issue.
2. The bill addresses only air.  EAN (Enriched Air Notrox) and other mixed
gas diving has increased in popularity.  Use of EAN is well on its way
toward becoming a standard rather than specialized type of diving.  If we
are to have a bill, I think it should address the quality of all gas mixes
commonly provided to recreational divers as well as standards for
measurement and accuracy of gas mix.
3. While not a specific concern with the bills, I note quite a few
inaccuracies in the staff commentary on the House version of the bill.  I
think indications that no new taxes or fees are imposed, that the bill does
not prohibit something currently legal and that there is no governmental or
private financial impact are just plain wrong.  There are additional fees
involved and there is a financial impact on government and private entities
which should be addressed and specifically barred from casual increase.

It is my intent to provide direct input to these bills as indicated above.
According to my information, comments can be addressed to
[log in to unmask] .  I urge readers of this group/list (this message
is cross posted) to consider the attached document and promptly respond with
the kind of responsible, well considered input that is most likely to
influence those authorized to make decisions for the businesses, residents
and visitors to Florida.

Lee