A push for tougher penalties on reckless boaters, driven by a tragic 2022 accident in the Florida Keys that claimed the life of a 17-year-old girl, continued gaining traction in the Senate on Wednesday.
While the Senate bill has cleared two committees, key differences remain between it and the House version of what is known as “Lucy’s Law.”
The Senate Transportation Committee approved Senate Bill 628 (SB 628), introduced by Sen. Jonathan Martin, R-Fort Myers. Like its House counterpart (HB 289), the measure would impose a first-degree felony charge on boat operators who flee the scene of a fatal crash—whether involving a person or an unborn child—without providing aid, identifying themselves, or notifying law enforcement.
Sen. Martin emphasized that his bill “balances” the enjoyment of boating in Florida with the responsibility of safe operation.
Similar to the House proposal, the Senate bill also classifies fleeing the scene of a crash that results in serious bodily injury as a second-degree felony. Additionally, providing false information to law enforcement during an investigation would result in a third-degree felony charge.
However, a key distinction in Martin’s bill is a provision to suspend the driver’s licenses of those convicted of reckless boating or boating under the influence. This measure was initially included in the House version but later removed.
“It’s just a little bit odd that the penalties for reckless driving in a car don’t align with those for reckless boating, simply because the vehicle is different,” Martin noted.
Currently, Florida requires boaters born after 1988 to complete a National Association of State Boating Law Administrators-approved safety course—even when renting vessels. Under Martin’s proposal, individuals born before 1988 would also be required to take the course if charged with reckless boating or if they accumulate two non-criminal boating violations within a year.
Both versions of the bill are named after Lucy Fernandez, a 17-year-old who lost her life in 2022 when a 29-foot boat carrying her and 13 others struck a channel marker near Boca Chita Key. The boat’s operator, Doral real-estate broker George Pino, was initially charged with three misdemeanor counts of careless boating but now faces a vessel homicide charge, to which he pleaded not guilty in November.
Advocating for enhanced boater education, Lucy’s mother, Melissa Fernandez, told the Senate committee that Florida leads the nation in both registered vessels and boating fatalities. She stressed that many boaters involved in fatal accidents have never received formal safety training and are not required to.
“Lucy’s Law will create meaningful, lasting change in the boating community—a way of life that Lucy herself cherished,” she said. “We have the opportunity right now to make our waters safer, prevent tragedies, and ensure that what happened to Lucy never happens to another child, another parent, another friend.”
The House State Affairs Committee is set to review the House bill on Thursday.
Meanwhile, these proposals move forward as Gov. Ron DeSantis last month urged lawmakers to prevent law enforcement from using boat-safety inspections as a justification for “intrusive” checks on responsible boaters. His proposal, introduced as SB 1388 and HB 1001 by Sen. Jay Trumbull, R-Panama City, and Rep. Griff Griffitts, R-Panama City Beach, seeks to amend state law, which currently allows officers to stop boats for safety inspections without probable cause or suspected violations.
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