Airboat tours are very popular for those visiting Florida, or those just wishing to get out and take in the beautiful scenery. Unfortunately, they can be dangerous and up until recently, have had very little regulation. The Florida Fish and Wildlife Conservation Commission (FWC) has changed that though, after Ellie Goldenberg, a 22-year-old and recent graduate from the University of Miami, tragically died while taking a tour with her family.
Ellie Goldenberg was enjoying a beautiful day with her family, on an airboat in the Everglades. She had just gotten her diploma the day before and it was meant to be a time of celebration. Tragically, the airboat flipped over, trapping her underneath. Steven George Gagne was operating the boat at the time of the accident. Blood tests later revealed that he had high levels of THC, the psychoactive compound in marijuana, in his system.
Gagne was never charged because prosecutors could not conclusively prove that he was operating the boat recklessly. Additionally, Florida does not have any laws pertaining to the amount of THC which is considered to be operating a vessel under the influence. In addition to that, airboat tours have had almost no regulation for the past several years.
In fact, just about anyone can operate an airboat, and even take passengers with them. Vehicle operators do not need a license, class knowledge, or a background check. Insurance is not even an issue, as airboats simply do not require it. But now, the FWC have tightened some of those regulations after Ellie’s family pushed legislators to make changes that would save other families from the heartache they endured.
As of July 2019, airboat operators that take passengers on their boats will need to take a course that will include 14 hours on the water and eight hours in the classroom. They will need to pass an extensive exam at the end of the course, and will also be required to be certified in CPR and first aid. The instructors of the course will have their own regulations as well. They will need at least 120 hours of experience operating an airboat within the past three years, and no felony convictions in the past five years.
“It is hard to believe,” says Matthew Emerson of Emerson Straw PL, “that up until now, the law made it so easy for airboat operators to be negligent. These new regulations are a big step in keeping the airboat passengers safe. Hopefully, there are no more tragic cases like Ellie Goldenberg’s.”
While Goldenberg’s case may have been one that gained the most attention in the headlines, unfortunately there are many more like it. According to Miami New Times, there have been over 75 airboat accidents in just the past three years. Those accidents resulted in at least 7 deaths, and over 100 people injured. Hopefully the new regulation by the FWC will drastically reduce these numbers.
