South Florida

Family fights for passage of ‘Lucy's Law' to enhance boater safety

House Bill 289 is named after Lucy Fernandez, who was killed in a boating crash on Labor Day weekend in 2022.

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A new House Bill named after a 17-year-old South Florida student who lost her life in a boating accident aims to enhance boater safety. NBC6’s Laura Rodriguez reports

A new House Bill named after a 17-year-old South Florida student who lost her life in a boating accident aims to enhance boater safety.

HB 289, known as "Lucy's Law" and named after Lucy Fernandez, is sponsored by Rep.Vicki Lopez and Rep.Vanessa Oliver.

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“Recreational boating is over $31 billion annually for this state, but, get this, there's been a 53% increase since 2018 alone," Gov. Ron DeSantis said.

DeSantis spoke about boater freedom Wednesday and dubbed Florida as the fishing and boating capital of the United States.

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The state, however, also leads the nation in boating accidents and fatalities. In 2022, Florida Fish and Wildlife Conservation officials said 65 people died in boating accidents, including Lucy Fernandez.

Boat crash victims' families turn pain into purpose
The families of Katy Puig and Lucy Fernandez have established foundations to help traumatic brain injury survivors and create awareness about boater and watercraft safety. NBC6's Laura Rodriguez reports

What happened to Lucy Fernandez?

Lucy Fernandez was one of the 14 passengers on a boat that hit a channel marker and capsized near Boca Chita Key on Sept. 4, 2022. She was a senior at Our Lady of Lourdes Academy in Miami during the time of the accident.

The FWC concluded the driver of the boat, George Pino, operated his vessel in a careless manner. Pino pleaded not guilty to misdemeanor counts of careless boating. 

“The irony of the whole thing is she lost her life doing what she loved to do, being out on the water. So we feel it’s our responsibility to make sure that we make it a safer place for everybody," said Lucy's father, Andy Fernandez. 

What would 'Lucy's Law' do?

The measure would strengthen penalties for those operating boats recklessly or under the influence. In the event of serious bodily injury, the operator of a boat would face a second-degree felony, up from a third-degree felony. In the case of accidents involving death, it would be punishable as a first-degree felony.

"It should be the same. It shouldn’t be different for boats than cars," Fernandez said.

The new law would also require boater safety education and an ID for all operators of a vessel regardless of age or experience on the water. Currently, Florida law only requires those born after Jan. 1, 1988, to complete an approved boating safety course. 

"If you have the proficiency, all you have to do is just take the test. It’s 60 questions. Take the exam, pass it, and get your Florida boater ID so we ensure everyone on the water has at least a basic level of knowledge," Fernandez said.

Lucy’s parents say they recognize this is just step one in a long legislative process. They are open to feedback and ultimately want to work together with legislators, boaters, and the marine industry to find common ground and save lives.

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