Ryan Nicol
On Wednesday, the Senate Transportation Committee gave “Lucy’s Law” its second unanimous OK.
This proposed law would strengthen penalties for reckless boating and require safety training for all boaters.
Republican Sen. Jonathan Martin is carrying the bill (SB 628). The Senate Criminal Justice Committee voted to approve the measure earlier this month.
“We need to make sure our boaters are responsible out on the water,” said Transportation Vice Chair Bryan Ávila of Miami-Dade.
The legislation is named after 17-year-old Luciana Fernandez, who died during a September 2022 boat crash that left other passengers injured, including 18-year-old Katerina Puig, now permanently disabled.
George Pino is facing homicide charges after operating a boat where Fernandez, Puig and others were on board when it violently struck a channel marker. Puig refused a Breathalyzer at the time.
Per the legislation, if someone leaves the scene of an accident where someone is hurt, but it’s not a serious bodily injury, prosecutors can charge a third-degree felony. In the event of a serious bodily injury, it’s a second-degree felony, up from a third-degree felony. Such accidents involving death would be punishable as first-degree felonies.
The bill sets up similar penalties for accidents where a person is operating a vessel recklessly.
The companion legislation (HB 289) is scheduled to be taken up by the House State Affairs Committee on Thursday. Republican Reps. Vicki Lopez and Vanessa Oliver support it.
The House Criminal Justice Subcommittee has already signed off on the legislation. If the State Affairs Committee agrees, the bill would have one more stop before the House Judiciary Committee.
“The power to pass Lucy’s Law is in your hands, and the next generation is counting on us to create a safer future,” read a statement from bLU CREW, an initiative of the Lucy Fernandez Foundation.
There remain some differences between the two versions. For instance, the House bill now sets up a mandatory minimum of four years in prison for someone involved in a deadly crash who leaves the scene or fails to notify law enforcement.
