Fla. Admin. Code R. 68D-36.106

Current through Reg. 50, No. 222; November 13, 2024
Section 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 boating safety course approved by the National Association of State Boating Law Administrators and the State of Florida. Proof of successful completion must be filed with the Commission, as provided in Rule 68D-36.105, F.A.C., within 90 days of completion.
(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 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 violators must, 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 privilege to operate a vessel in Florida is suspended pursuant to Section 327.731, F.S. It is unlawful 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, date of course completion, and 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 home-study 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 violator course shall 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-16864 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 a Boating Safety Course Roster, Form FWC/DLE 240 (01/24), for each student who successfully completes the course.
2. The Boating Safety Course Roster, within 90 days of Course completion must be sent electronically to Bobbercard@myfwc.com 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.

Fla. Admin. Code Ann. R. 68D-36.106

Rulemaking Authority 327.04, 327.395, 327.731 FS. Law Implemented 327.395, 327.731 FS.

New 6-9-05, Amended by Florida Register Volume 50, Number 138, July 16, 2024 effective 8/1/2024.

New 6-9-05.