Current through Reg. 50, No. 187; September 24, 2024
(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 Commission 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 contains 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 United States Fish and Wildlife service
Airboat Training Module's Manual including the on-the-water practicals and
testing, (FWC Airboat Operator Course Development Manual effective date
10/2018) is hereby incorporated by reference and is available at
http://www.flrules.org/Gateway/reference.asp?No=Ref-09910,
or by contacting FWC Boating and Waterwys Section at 620 South Meridian Street,
Tallahassee, Florida 32399 or (850) 488-5600.
(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 as provided in the United States
Coast Guard Navigation Rules Handbook previously known as COMDTINST M16672.2D)
which is available at
https://www.navcen.uscg.gov/pdf/navRules/CG_NRHB_20180126.pdf
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 FS. Law Implemented
327.391
FS.
New 10-1-18.