The proposed rule amendments seek to clarify the purpose and standards for mandatory boating safety courses and better explain when course completion is required and the procedures to be followed for submitting course completion ....

 

FISH AND WILDLIFE CONSERVATION COMMISSION

Vessel Registration and Boating Safety

RULE NOS.:RULE TITLES:

68D-36.101Purpose

68D-36.102Definitions

68D-36.103Minimum Requirements for Training Facilities and Instructors

68D-36.105Proof of Successful Completion of Approved Courses and Equivalency Exams

68D-36.106Violator Courses

PURPOSE AND EFFECT: The proposed rule amendments seek to clarify the purpose and standards for mandatory boating safety courses and better explain when course completion is required and the procedures to be followed for submitting course completion material to the Commission. The rule amendments also update definitions and form(s) in order to better assist course providers in noticing the Commission of course completion.

SUMMARY: The rule is being amended to provide the public with a better understanding of the mandatory boating safety course requirements and the purpose of these requirements. Definitions and forms incorporated by reference are also being updated to assist course providers.

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 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: 327.04, 327.39, 327.395, 327.54, 327.731, FS.

LAW IMPLEMENTED: 327.39, 327.395, 327.54, 327.731, FS.

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: Captain Rachel Bryant, Boating and Waterways Section, Division of Law Enforcement, 620 South Meridian Street, Tallahassee, Florida 32399, [e-mail], [phone].

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

68D-36.101 Purpose.

The purpose of this chapter is to set forth state the requisite standards for boating safety courses, indicate the procedure for providing proof of successful course completion, establish the requirements for violators, the provide training requirements for personal watercraft rentals, and the list of specific Florida Boater Education Temporary Certificate Program contract provisions.

Rulemaking Authority 327.04, 327.39, 327.395, 327.54, 327.731 FS. Law Implemented 327.39, 327.395, 327.54, 327.731 FS. History–New 6-9-05, Amended ______.

 

68D-36.102 Definitions.

For the purposes of this chapter, the following definitions shall apply:

(1) “Person” means an individual, partnership, firm, corporation, association, joint venture, syndicate, or any other entity, group, or combination.

(1) (2) “Photographic identification” for purposes of this chapter, means a form of identification issued by a governmental agency, employer, training facility, or educational institution which includes the following for the individual to whom it is issued:

(a) through (d) No change.

(e) The name of the governmental agency, employer, school educational institution, or review training facility, or person that prepared or issued the identification.

(2) (3) “Training facility” means a school or other sponsoring organization that offers to the public boating safety courses that meet the minimum standards established by the National Association of State Boating Law Administrators.

Rulemaking Authority 327.04, 327.39, 327.395, 327.54, 327.731 FS. Law Implemented 327.39, 327.395, 327.54, 327.731 FS. History–New 6-9-05, Amended ______..

 

68D-36.103 Minimum Requirements for Training Facilities and Instructors.

(1) Training Facility Requirements.

(a) No change.

(b) Each training facility shall require its instructors to demonstrate knowledge of boating safety and the current laws and regulations pertaining to the operation of vessels, 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).

(c) and (d) No change.

(e) Each training facility must teach a course of instruction, the content of which has received the prior approval of the National Association of State Boating Law Administrators. This approval is valid only for three years. Each training facility or its sponsoring organization must resubmit ensure that the course materials are submitted for continuing approval so as to avoid a lapse of approved status.

(2) No change.

Rulemaking Authority 327.04, 327.395, 327.731 FS. Law Implemented 327.395, 327.731 FS. History–New 6-9-05, Amended ______.

 

68D-36.105 Proof of Successful Completion of Approved Boating Safety Education Courses.

Individuals who have successfully completed an approved boating safety education course in accordance with this chapter and Section 327.395, F.S. will be issued a boating safety identification card by from the Commission, which may be issued in digital, electronic, laminated card, or paper format, to that may be carried on the waters of this state together with photographic identification, as proof of successful completion of the boating safety education course. Alternatively, individuals who have successfully completed an approved course in accordance with Section 327.395, F.S., may carry a state-issued identification card or driver license issued by the Florida Department of Highway Safety and Motor Vehicles bearing a symbol established by the Department indicating possession of a boating safety identification card in accordance with Section 322.051 or 322.14, F.S.

(1) To demonstrate successful completion of Individuals successfully completing an approved boating safety education course individuals must in accordance with Section 327.395, F.S. may submit as proof a certificate from the course provider. The certificate must include  which includes the name of the course provider; date of issue; and the student’s first name, middle initial, last name, date of birth, and current mailing address.

(2) No change.

Rulemaking Authority 327.04, 327.395, 327.731 FS. Law Implemented 327.395, 327.731 FS. History–New 6-9-05, Amended 1-31-23, _________.

 

68D-36.106 Violator Courses.

(1) Any person convicted of two non-criminal boating violations listed in Section 327.731, F.S., within a twelve-month period must thereafter successfully complete a any boating safety course approved by the National Association of State Boating Law Administrators and the State of Florida. The course must be successfully completed following the date of the second violation. Proof of successful completion must be filed with the Commission, as provided in Rule 68D-36.105, F.A.C., within the 90 days of first following the successful completion of the course.

(2) Any person convicted of a boating infraction which resulted in a reportable boating accident or convicted of any criminal boating violation must successfully complete a any boating safety course approved by the National Association of State Boating Law Administrators and the State of Florida, as provided in subsection (1), and must also complete an approved safe boating course for violators. Such safe boating courses for vViolators courses must require approximately 4 hours to complete and must cover, at a minimum, include 4 hours of training and cover the following topics:

(a) Florida boating laws.

(b) Causes and prevention of boating accidents.

(c) The importance of wearing personal flotation devices.

(d) The use of common sense and common courtesy.

(e) Operating defensively.

The violator course may be taken through an approved electronic, on-line, or home-study program by violators residing in areas where classroom presentation of the course is not available.

(3) Until such time as proof of successful course completion has been filed with the Boating and Waterways Section of the Florida Fish and Wildlife Conservation Commission, the violator’s person’s privilege to operate a vessel in Florida is suspended pursuant to Section 327.731, F.S. and it It is unlawful for that person to operate any vessel on waters of the state while vessel operation privileges are suspended.

(a) Proof of completion of a violator course required by subsection (2), taken in a classroom setting must include the name of the training facility and instructor, facility’s and instructor’s names, the date of course completion, and the student’s first name, middle initial, last name, current mailing address, and date of birth.

(b) Proof of completion of a violator course required by subsection (2), taken through an approved electronic, on-line, or homestudy course must identify the course provider, the date of course completion, and include the student’s first name, middle initial, last name, current mailing address, and date of birth.

(c) Proof of successful completion of any online a violator course shall must be filed with the Commission by the course instructor’s completion of the Boating Safety Course Roster, Form FWCDLE 240 (01/24) which is hereby incorporated by reference and available at https://www.flrules.org/Gateway/reference.asp?No=Ref-XXXX on a Certificate of Successful Completion of an Approved Boating Safety Course, Form FWC/DLE 238 (10-05) or, in the alternative, the student may submit proof of completion by submitting the course completion certificate with a cover letter stating the course was completed in accordance with Section 327.731, F.S., mandatory education for violators. 1. Each instructor who teaches a violator course to a person mandated under Section 327.731, F.S., to successfully complete such a course, shall complete must execute a Certification of Successful Completion of an Approved Boating Safety Course Roster, Form FWC/DLE 240 -238 (01/24 10-05), for each student who successfully completes the course. Prior revisions of the forms may be used until existing supplies are exhausted.

2. The instructor must place a copy with the student’s records and give the original and one copy to the student.

2. 3. The Boating Safety Course Roster student must, within the 90 days of Course first following the successful completion of the course, file must be sent electronically to [e-mail] or by mail addressed to the Boating and Waterways Section, Division of Law Enforcement, Fish and Wildlife Conservation Commission, 620 South Meridian Street, Tallahassee, Florida 32399-1600  the original with the Commission.

4. The form may must be sent filed electronically, if provided for in an agreement between the Commission and the course provider, to [e-mail] or by mail addressed to the Boating and Waterways Section, Division of Law Enforcement, Fish and Wildlife Conservation Commission, 620 S. Meridian Street, Tallahassee, Florida 32399-1600.

5. Form FWC/DLE-238 (10-05) is hereby incorporated by reference and may be obtained from the Commission at the address specified in subparagraph 4.

(4) This rule section shall take effect October 1, 2005. Until that date, violators successfully completing courses meeting the requirements of Rule 68D-36.104, F.A.C., and filing proof of the same as provided in Rule 68D-36.105, F.A.C., shall be deemed to have satisfied the requirements of Section 327.731, F.S.

Rulemaking Authority 327.04, 327.395, 327.731 FS. Law Implemented 327.395, 327.731 FS. History–New 6-9-05, Amended ______..

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Captain Rachel Bryant, Boating and Waterways Section, Division of Law Enforcement, 620 South Meridian Street, Tallahassee, Florida 32399, [e-mail], [phone].

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

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: February 22, 2024

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: March 1, 2024.