Ryan Nicol
The House and Senate are continuing a standoff on language aiming to crack down on dangerous boating in the state of Florida.
The House originally voted for the bill (HB 289) unanimously in late March. The Senate adopted amended language on Wednesday, sending the measure back to the House.
But on the House floor on Thursday, Republican Rep. Vanessa Oliver, who sponsored the bill alongside Republican Rep. Vicki Lopez, presented an amendment that stood by the House language.
“Essentially, what we are sending back is the bill that we passed in Lucy’s Law, the original version,” Oliver told members. She added that the amended bill did maintain Senate language setting minimum standards for online boating courses.
“The standards must, at a minimum, align with the education standards set by the National Association of State Boating Law Administrators and may include additional requirements as necessary to promote effective and accessible online boating safety education in this state,” the bill reads.
The House then passed the updated language via a 105-5 vote.
The measure is called “Lucy’s Law” 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 for operating a boat on which Fernandez, Puig, and others were aboard when it violently struck a channel marker. Pino refused to take a Breathalyzer test at the time.
The bill language aims to sharpen some of the penalties associated with dangerous boating.
The Senate voted unanimously, 37-0, for its version of the bill. Republican Sen. Jonathan Martin guided the Senate bill (SB 628). On the floor on Wednesday, he highlighted one main difference in the bill, which requires those born before 1988 to take boater education courses.
The House maintained the language in its Thursday amendment.
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 the person with a third-degree felony. In the event of a serious injury, it’s a second-degree felony. Accidents involving death would be punishable as first-degree felonies.
Reckless boating that causes a serious bodily injury would also be treated as a third-degree felony, per the House amendment.
Some House members pushed back over a provision lowering the penalty for reckless boating to a second-degree misdemeanor. But Oliver said that was done to align penalties with the motor vehicle statute, and that all other penalties would be increased.
The Senate would keep that penalty as a first-degree misdemeanor.
Lucy’s parents, Melissa and Andy Fernandez, have advocated strongly for the legislation as it moved through both chambers. But with Session winding down, time is running low for the chambers to agree to language.
