1. (1) Any person administering the Florida Boater Education Temporary Certificate examination under contract with the Florida Fish and Wildlife Conservation Commission must strictly comply with all contract provisions.
2. (2) Any person administering the Florida Boater Education Temporary Certificate examination 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.

3. (3) Administration of the Florida Boater Education Temporary Certificate examination by paper test provided by the Commission:

   Florida Boater Education Temporary Certificate examination paper tests provided by the Commission are assigned to individual liveries, marinas, or other persons and must not be transferred, sold, borrowed, loaned, or shared.

4. (4) Administration of the Florida Boater Education Temporary Certificate examination online:

   1. (a) Any person administering the Florida Boater Education Temporary Certificate examination online must:

      1. Administer a Commission-approved boater safety education course that meets the minimum instruction requirement established by the National Association of State Boating Law Administrators.

      2. Administer the Florida Boater Education Temporary Certificate examination in an electronic format accessible by computer, tablet, smart phone, and other similar electronic devices.

      3. Utilize a test bank of 100 questions available through the National Association of State Boating Law Administrators and 50 state specific questions approved by the Commission. Each administered examination must include a total of 25 questions. Each temporary certificate examination must include questions covering the following topics:

      a. Diving vessels, awareness of divers in the water, divers down warning devices, and the requirements of Section 327.331, F.S.

      b. The dangers associated with:

      I. A passenger riding on a seat back, gunwale, transom, bow, motor cover, or any other vessel area not designed and designated by the manufacturer for seating.

      II. A passenger falling overboard.

      III. Operating a vessel with a person in the water near the vessel.

      IV. Starting a vessel with the engine in gear.

      V. Leaving the vessel running when a passenger is boarding or disembarking.

      c. The proper use and lifesaving benefits of an engine cutoff switch for motorboats and personal watercraft.

      4. Require that any 19 of the 25 examination questions be answered correctly before submitting an examinee’s information to the Commission for issuance of the Temporary Certificate. Any score equal to or greater than 19 out of 25 questions answered correctly shall be a passing score.

      5. Within 24 hours of an examinee’s completion of the Florida Boater Education Temporary Certificate examination with a passing score, provide to the Commission electronically the examinee’s first name, middle initial, last name, date of birth, current mailing address, email address, current telephone number, and the date of the examination with the passing score so the Commission can issue the Temporary Certificate.

      6. Provide to an examinee who has received a passing score on the examination with either an emailed or printable proof of a passing score on the examination, including the date of the successful completion.

   2. (b) The commission shall issue an electronic Temporary Certificate to an examinee who has received a passing score within 7 days following receipt of the examinee’s information from the examiner.
   3. (c) A person who has successfully completed the Florida Boater Education Temporary Certificate examination, and who has in his or her possession photo identification and the emailed or printed proof of a passing score on the examination provided in subparagraph (4)(a)6., is exempt from subsection 327.395(1), F.S., for 7 days following successful completion of the online examination.

Rulemaking Authority 327.04, 327.395, 327.731 FS. Law Implemented 327.395, 327.54, 327.731 FS. History–New 6-9-05, Amended 8-24-17, 1-31-23.