'LUCY'S LAW'
TO ENHANCE BOATING SAFETY IS PASSED BY FLORIDA LEGISLATURE
In a significant move to improve boating safety, the Florida Legislature has passed
"Lucy's Law," a bill named in honor of 17-year-old Luciana "Lucy" Fernandez, who tragically lost her life in a boating accident in 2022.
The
legislation, known formally as House Bill 289, received unanimous support in both the House and Senate and now awaits Governor Ron DeSantis' signature to become law.
Background of the Legislation
Luciana Fernandez was killed during a Labor Day weekend boating trip in 2022 when the vessel she was on struck a channel marker in Biscayne Bay. The crash also left another passenger, 18-year-old Katerina Puig,
permanently disabled.
The boat was operated by George Pino, who faces homicide charges and refused a Breathalyzer test at the
scene.
Key Provisions of 'Lucy's Law'
The new legislation introduces several
measures aimed at enhancing boating safety:
- Mandatory Boater Education: Individuals who have not been Florida residents for at least five years will be required to complete a certified boater safety course before operating a vessel. This expands upon previous requirements that applied only to those born after January 1, 1988.
- Increased Penalties for
Reckless Boating: The law establishes stricter penalties for boating violations. Leaving the scene of a boating accident resulting in death is now classified as a first-degree felony. Accidents causing serious bodily injury can lead to second-degree felony charges, while those causing non-serious injuries may result in third-degree felony charges.
- Boating Under the Influence (BUI): Individuals convicted of BUI who
leave the scene without notifying law enforcement could face a minimum of four years in prison.
- Revised Definition of 'Livery Vessel': The law updates the definition to include all vessels offered for lease, rent, or hire, whether with or without a captain. This change affects peer-to-peer rentals facilitated through online platforms, requiring operators to comply with safety, insurance, and licensing
requirements.
Advocacy and Support
Lucy's parents, Melissa and Andy
Fernandez, have been instrumental in advocating for the legislation. Their efforts have been recognized by lawmakers and the community alike. "They’ve turned the unimaginable pain of losing their precious daughter into purpose by advocating for greater safety on the waters that we all love," said Rep. Vanessa Oliver, one of the bill's sponsors.
Next Steps
Once signed by Governor DeSantis, "Lucy's Law" will take effect on July 1, 2025. The law represents a significant step toward enhancing safety on Florida's waterways and serves as a tribute to Luciana Fernandez's
memory.
For more information on boating safety courses and compliance requirements, individuals can visit the Florida Fish and Wildlife Conservation Commission's
website.
If you have questions about Lucy's Law to enhance boating safety, concerns about injuries sustained in a boating accident, or
if you were responsible for a boating accident, contact us right away.
Our free consultation and detailed case review is the best option for getting the proper representation needed to achieve the best possible outcome and results.
