Ryan Nicol
The House and Senate have at the last minute agreed to language seeking to strengthen penalties for dangerous boating. The bill can now head to Gov. Ron DeSantis.
The passage late Friday included a last-minute change from the Senate that threatened to upend the bill. But the House agreed to the small change.
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 House originally voted for the bill (HB 289) unanimously in late March. The Senate waited until this week to take up the bill.
Republican Sen. Jonathan Martin, who guided the Senate bill (SB 628), highlighted one main difference between the chambers Wednesday regarding boater education for those born before 1988.
The House language wanted to update those requirements or require such individuals to be residents of Florida for five years. The Senate wanted to stick with current law, only keeping boater safety course requirements for those born after 1988.
Taking up the bill Thursday, the House stuck by its language while amending the bill further. Hearing the bill again Friday evening as Session neared its end, the Senate accepted the bulk of the House’s changes but would not give in on the boater education language. Senators amended the House bill removing the requirement for those born before 1988 before passing the bill 31-0.
Swiftly, in its sole act before adjourning, the House took up Lucy’s Law and agreed on the Senate change. Republican Rep. Vanessa Oliver spoke on the floor. She sponsored the House bill alongside Republican Rep. Vicki Lopez.
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 language.
Lucy’s parents, Melissa and Andy Fernandez, have advocated strongly for the legislation as it moved through both chambers. The Southern Group’s lobbyists, Edgar Castro and Avery Mazur, have also been behind the legislation.
