Florida legislature passes ‘Lucy’s Law’ to toughen boating penalties

In a unanimous show of support, the Florida Senate passed House Bill 289—dubbed “Lucy’s Law”—with a 31-0 vote late Friday night.

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The House followed with a near-unanimous 93-1 vote, sending the legislation to Governor Ron DeSantis, who is expected to sign it into law.

The bill was sparked by public outcry over the 2022 boating death of 17-year-old Lucy Fernandez, a high school senior from Miami, who died after a boat she was on struck a channel marker near Boca Chita Key and capsized. Lucy was one of 14 people aboard the vessel, piloted by George Pino, a Miami real estate broker who was later charged only with misdemeanor careless boating. Two other teens were seriously injured.

“The irony of the whole thing is she lost her life doing what she loved to do, being out on the water,” said her father, Andy Fernandez. “So we feel it’s our responsibility to make sure that we make it a safer place for everybody.”

Lucy’s Law aims to bring boating laws more in line with motor vehicle laws in Florida. It increases penalties for reckless boating and for leaving the scene of a crash, especially in cases involving injury or death. Specifically, anyone convicted of boating under the influence who leaves the scene or fails to notify authorities would face a mandatory minimum of four years in prison.

“The bill has changed its shape and form a little bit since we first started, but one of our main initiatives or goals was to make sure that the penalties out on the water are the same as motor vehicle penalties,” said Andy Fernandez.

The legislation also addresses safety concerns raised by Lucy’s parents, requiring that boat operators who have not been Florida residents for at least five years obtain a boater safety identification card or an equivalent certification.

“Especially when you have visitors and tourists who come and think we can just rent a boat and go out, but it’s not like that,” said Melissa Fernandez, Lucy’s mother. “These waterways are very complicated; what happens in a different part of the country does not apply here.”

Lucy Fernandez died on September 5, 2022, one day after the crash. She was a senior at Our Lady of Lourdes Academy and remembered as a vibrant young woman with a love for the water. Her parents have since turned their grief into advocacy, pushing for the passage of the legislation in her name.

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If signed into law by Governor DeSantis, Lucy’s Law will take effect ahead of the upcoming boating season.

 

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