Sec. 7. (a) Except during an emergency, a diver shall surface within one hundred (100) feet of the divers down flag displayed for the diver.
(b) If:
(1) a diver surfaces at a distance greater than one hundred (100) feet from the divers down flag displayed for the diver; and
(2) the diver is injured by a watercraft while surfacing;
the operator of the watercraft is not liable for the injury to the diver unless the operator was negligent in the operation of the watercraft.