Florida Regulations 68D-36.106: Violator Courses
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(1) Any person convicted of two non-criminal boating violations listed in Florida Statutes § 327.731, within a twelve-month period must successfully complete 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 Fl. Admin. Code R. 68D-36.105, within the 90 days 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 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. Violator courses must require approximately 4 hours to complete and must cover, at a minimum, 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 person’s privilege to operate a vessel in Florida is suspended pursuant to Florida Statutes § 327.731, and it is unlawful for that person to operate any vessel on waters of the state.
(a) Proof of completion of a violator course required by subsection (2), taken in a classroom setting must include the training 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 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 a violator course must be filed with the Commission on a Certification of Successful Completion of an Approved Boating Safety Course, Form FWC/DLE-238 (10-05).
1. Each instructor who teaches a violator course to a person mandated under Florida Statutes § 327.731, to successfully complete such a course, must execute a Certification of Successful Completion of an Approved Boating Safety Course, Form FWC/DLE-238 (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.
3. The student must, within the 90 days first following the successful completion of the course, file the original with the Commission.
4. The form may be filed electronically, if provided for in an agreement between the Commission and the course provider, 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 Fl. Admin. Code R. 68D-36.104, and filing proof of the same as provided in Fl. Admin. Code R. 68D-36.105, shall be deemed to have satisfied the requirements of Florida Statutes § 327.731
Rulemaking Authority 327.04, 327.395, 327.731 FS. Law Implemented 327.395, 327.731 FS. History-New 6-9-05.
(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 person’s privilege to operate a vessel in Florida is suspended pursuant to Florida Statutes § 327.731, and it is unlawful for that person to operate any vessel on waters of the state.
(a) Proof of completion of a violator course required by subsection (2), taken in a classroom setting must include the training 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 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 a violator course must be filed with the Commission on a Certification of Successful Completion of an Approved Boating Safety Course, Form FWC/DLE-238 (10-05).
1. Each instructor who teaches a violator course to a person mandated under Florida Statutes § 327.731, to successfully complete such a course, must execute a Certification of Successful Completion of an Approved Boating Safety Course, Form FWC/DLE-238 (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.
3. The student must, within the 90 days first following the successful completion of the course, file the original with the Commission.
4. The form may be filed electronically, if provided for in an agreement between the Commission and the course provider, 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 Fl. Admin. Code R. 68D-36.104, and filing proof of the same as provided in Fl. Admin. Code R. 68D-36.105, shall be deemed to have satisfied the requirements of Florida Statutes § 327.731
Rulemaking Authority 327.04, 327.395, 327.731 FS. Law Implemented 327.395, 327.731 FS. History-New 6-9-05.