This rule will establish the minimum acceptable standards and criteria for approval by the Commission of an airboat operator’s course mandated by subparagraph 327.391(5)(a)3., F.S.

 

FISH AND WILDLIFE CONSERVATION COMMISSION

Vessel Registration and Boating Safety

RULE NO.: RULE TITLE:

68D-35.001: Airboat Operator Course

PURPOSE AND EFFECT: This rule will establish the minimum acceptable standards and criteria for approval by the Commission of an airboat operator’s course mandated by subparagraph 327.391(5)(a)3., F.S.

SUMMARY: This rule will establish the minimum acceptable standards and criteria for approval by the Commission of an airboat operator’s course mandated by subparagraph 327.391(5)(a)3., F.S.

SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS AND LEGISLATIVE RATIFICATION:

The Agency has determined that this will not have an adverse impact on small business or likely increase directly or indirectly regulatory costs in excess of $200,000 in the aggregate within one year after the implementation of the rule. A SERC has not been prepared by the Agency.

The Agency has determined that the proposed rule is not expected to require legislative ratification based on the statement of estimated regulatory costs or if no SERC is required, the information expressly relied upon and described herein: the nature of the rule and the preliminary analysis conducted to determine whether a SERC was required.

Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.

RULEMAKING AUTHORITY: 327.391, F.S.

LAW IMPLEMENTED: 327.391, F.S.

IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN THE FAR.

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Major Robert Rowe, Division of Law Enforcement, Boating and Waterways Section, 620 South Meridian St., Tallahassee, Florida 32399-1600.

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

68D-35.001 Airboat Operator Course

(1) Pursuant to Section 327.391 F.S., all Airboat Operator Courses developed for the purposes of training airboat operators carrying passengers for hire must be approved by the Florida Fish and Wildlife Conservation Commission.  This chapter establishes the minimum standards for airboat for hire operator courses, course providers, course instructors and state specific course content.

(2)    Each Airboat Operator Course Provider;

(a)   Shall require its instructors to demonstrate knowledge of boating safety and the current laws and regulations pertaining to the operation of airboats, as well as teaching skills in the area of boating safety, and shall ensure that all instructors meet the qualifications set forth in subsection (2 and 3).

(b)   Is responsible for maintaining an ongoing quality control program for their course. Providers shall periodically update or recertify their instructors. Quality of instruction will be assured through this means with each provider auditing its own program.

(c) Shall maintain books, records, and documents directly pertinent to the performance and successful completion of an approved Airboat Operators Course in accordance with generally accepted accounting principles consistently applied. Such records shall be available for inspection and audit purposes for no less than five (5) years following course approval.

(d) Shall confirm that students have proof of successful completion of:

                    1. A boater safety course approved by the National Association of State Boating Law Administrators and this state or a captain’s license issued by the United States Coast Guard; and 

                    2.  A Cardiopulmonary Resuscitation course; and

3. A First Aid Course

(e) Shall supply to an examinee who has received a passing score on the examination and passed the on the water practical evaluations, either an electronic or printable certificate that containts the below information: 

1. Certificates must include the name of the Provider; date of issue; the student’s first name, middle initial, last name, date of birth, current mailing address; the passing score on the examination, including the date of the successful completion, and the primary instructor for the classroom and on the water training.

(3) Each Airboat Instructor shall have knowledge of boating safety, and the current laws and regulations

pertaining to the operation of airboats, as well as teaching skills in the area of boating safety and airboat operation.

              (4) Each Airboat Instructor must meet the following criteria:

(a) Must be at least 21 years of age.

(b) Have obtained either a High-School Diploma or GED.

(c) Have a boating privilege that is current and has not had their privilege to operate a vessel in Florida suspended in the past three years.

(d) No felony convictions within the previous five years.

(e) Must have a minimum of 120 hours of documented airboat operation time within last three years, to be completed at a minimum of 40 hours per year.

                            (5) Each Airboat Operator Course taught pursuant to Section 327.391, F.S., must meet the minimum instruction requirements established by the Florida Fish and Wildlife Conservation Commission and maintain current approval from the Commission.

(a) The course will be a minimum of 24 hours total instruction and testing time, to include the following minimums criteria: 

1.  8 hours of classroom instruction/written testing

2. 14 hours of on the water instruction, practice, and testing of operational practicals where

a. The student to instructor ratio of 3:1 maximum for the on-the-water instruction is maintained, and

b. Each student has 4 hours of individual operating time.

(b) Each course approved by FWC will contain the same information required in the FWC supplied course material based on the United States Department of Interior Airboat Training Module’s Manual including the on-the-water practicals and testing. 

(c) An approved course will contain and use the following;

1. A boating safety workbook or text, or the electronic equivalent.

2. A final exam of not less than 50 questions, including a minimum of 10 Florida-specific questions, and require a minimum passing score of 80 percent.

3. Course lesson plans minimum requirements:

a. Subject

b. References (Manual section or other lesson reference material, i.e. navigation rules COMDINST)

c. Objectives (Standards being taught)

                   d. Safety Considerations (Practical exercises i.e. double hearing protection, water depth for maneuvers, maximum speed, weather considerations, First Aid, etc.)

e. Assessment (How is the student graded, written or demonstration, what is pass and what is fail)

f. Procedure

g. Instructor actions (ex. Pre-flight checklist)

h. Desired student outcome (ex. Student should be able to demonstrate how to check the oil, identify proper nomenclature of equipment and components on the checklist such as oil pressure gauge, oil filter, etc.)

4. A syllabus or course outline.

5. A list of course objectives.

6. The on-the-water practicals and testing must include shallow water operation, deep water operation, docking, beaching, and transitions from water to land and back to water.

(d) Each course must be updated and re-approved by the Florida Fish and Wildlife Conservation Commission every three years.

(e) Airboat Operators carrying passengers for hire will take refresher training at least every 5 years.  The refresher training will contain a minimum of 8 hours of instruction and testing.  Included in this 8 hours will be an exam meeting the final exam criteria and 6 on the water hours including successful demonstration and testing of the water practical criteria by the examinee.

(f) Any person administering the Airboat Operators Course and examinations is prohibited from providing assistance of any kind to the examinee during the examination and must not allow, suffer, or permit any other person to assist the examinee during the examination. The term “assistance” does not include the provision of reasonable accommodations if required under the Americans with Disabilities Act or s. 501 of the Rehabilitation Act. 

(6) Minimum state specific course topic content required by the Florida Fish and Wildlife Conservation Commission should include:

(a) Florida specific boating requirements.

(b) Florida’s adoption of all federal equipment requirements.

(c) Ecosystem Awareness, based on local issues.

(d) Boating accident requirements – remaining on scene; rendering assistance; reporting accidents.

(e) Problems seeing other vessels and being seen by them.

(f) Boating Restricted Areas and Regulatory markers including Idle Speed, Slow Speed, and mile per hour restrictions.

(g) Operator responsibility (ethics), courtesy and good judgment on the water.

(h) Avoiding careless, reckless, and negligent operation of vessels.

(i) The effects of alcohol, controlled substances, and stressors.

(j) Navigation Rules including maintaining proper lookout, safe speed, and requirements of give way or stand on vessels.

(k) Aids to navigation; buoys and other waterway markers.

(l) Awareness of changes in weather or water conditions and proper responses to those changes.

(m) Boating accidents including causes and prevention of airboat accidents.

(n) Noise, nuisances, environmental and other operational concerns.

 

Rulemaking Authority 327.391, F.S. Law Implemented 327.391, F.S. History–New

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Major Robert Rowe, Division of Law Enforcement, Boating and Waterways Section, 620 South Meridian St., Tallahassee, Florida 32399-1600

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Florida Fish and Wildlife Conservation Commission

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: June 19, 2018

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: April 4, 2018