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Florida: 'Lucy's Law' takes effect, making boating safety violations a felony offense

Beginning Tuesday, July 1, boat operators may face stricter penalties if they flee accidents, fail to provide assistance to others or provide false information to emergency responders.

A yacht show in the Florida Keys.

A yacht show in the Florida Keys.AFP

Diane Hernández
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Starting Tuesday, July 1, boat operators may face stricter penalties if they flee accidents, fail to provide assistance to others or provide false information to emergency responders.

Florida Governor Ron DeSantis signed last Friday the new measure, known as "Lucy's Law," which includes the aforementioned changes. The bill was prompted by a 2022 accident in Biscayne Bay where 17-year-old Lucy Fernández lost her life.

"We're confident that this legislation will save lives, preventing other families from experiencing our unimaginable loss," Melissa and Andy Fernández, the young woman's parents, said in a statement picked up by CBS News.

The couple made numerous appearances before committees during the legislative session in recent months to push for changes in boating safety.

Tragedy gives way to stricter legislation

Lucy Fernández was among 13 people on a 29-foot boat that struck a channel marker near Boca Chita Key three years ago.

The operator of the boat, George Pino, a Doral real estate agent, faces a manslaughter charge. He pleaded not guilty to the charge in November.

Some of the harshest penalties

Under the new law that will go into effect, boat operators who leave the scene of an accident where another person was seriously injured will face a second-degree felony. If a death occurs, the charge will be upgraded to a first-degree felony.

Boat operators would also face second-degree misdemeanor charges for leaving the scene of an accident that resulted in property damage. They would also be punished with second-degree misdemeanors for knowingly providing false information about accidents in which they were involved.

The bill also establishes minimum penalties for boating under the influence of alcohol in line with the penalties for driving an automobile under the same conditions.

Florida leads national boating accident fatalities

In Florida during 2024, 81 people died in boating accidents. In previous years, the average number of boating accident fatalities in Florida has ranged from 60 to 70. Drowning is the leading cause of death in these accidents, often due to lack of personal flotation devices according to LaBovick Law Group.

The Florida Fish and Wildlife Conservation Commission (FWC) Boating Accident Statistical Report gives how the leading cause of many boating accidents is often linked to human factors such as operator inattention, lack of experience and impairment due to alcohol.

Florida consistently leads the nation in boating accidents and fatalities. Hundreds of incidents are reported each year, many of which result in serious injury or death.

  • In recent years, Florida has seen an average of 700-800 boating accidents annually.
  • Approximately 60-70 of these accidents result in fatalities, emphasizing the need for better safety measures.
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