Ryan Nicol
A bill that would crack down on dangerous boating is heading to the House floor after sailing through a third and final committee stop.
The House Judiciary Committee took up the legislation (HB 289), with members voting 20-0 to move the measure to the floor.
The legislation is being dubbed “Lucy’s Law,” 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, who is 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.
“Lucy’s Law is designed to make Florida’s waterways safer for everyone,” bill sponsor Rep. Vanessa Oliver said. “(It) increases boater safety by requiring those operating a vessel who have not been Florida residents for five years to obtain a boater safety card or equivalent.”
In addition to the safety card requirements, the bill also ups the penalties for certain boating accidents.
Per the legislation, if someone leaves the scene of an accident where someone is hurt, but it’s not a serious bodily injury, prosecutors would be authorized to charge the person with a third-degree felony. In the event of a serious bodily injury, the allowable penalty would increase to a second-degree felony, up from a third-degree felony. Such accidents involving death would be punishable as first-degree felonies.
The House bill would also establish 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.
The bill sets up similar penalties for accidents where a person is operating a vessel recklessly, but does not include the mandatory minimum.
“This is not just a piece of legislation that will help those of us that live in Miami-Dade County. This will help every single boater and every single person who enjoys the waters throughout our state,” said Republican Rep. Vicki Lopez, prime co-sponsor of Lucy’s Law. “Lucy, I know you’re watching us from above, and I know that this is going to save so many lives.”
At a press conference Thursday following the final committee hearing, Melissa and Andy Fernandez, Lucy’s parents, spoke alongside Oliver, Lopez and other lawmakers backing the bill.
“Since the day we lost Lucy, our mission has been clear: to fight for her, to fight for safer waters, to fight for a culture of accountability for all so Floridians can enjoy the freedom and the beauty of our waters responsibly,” the Fernandezes said. “With today’s progress, we’re closer than ever.”
A companion bill from Republican Sen. Jonathan Martin is awaiting a final hearing in the Senate Fiscal Policy Committee.
