Boating accidents are all too common in Florida, a state known for its gorgeous waters and sunny skies. But as beautiful as our beaches are, these accidents often result in devastating injuries and fatalities. This reality has sparked new legislation: the 2025 Florida Boat Accident Penalty Bill, also known as SB 58. The bill proposes stricter penalties for impaired boat operators, with the aim of reducing the number of fatalities caused by reckless and drunk boating.
In 2022, a tragic boating accident in Miami resulted in the loss of 17-year-old Lucy Fernandez and left her friend, Katy Puig, severely injured. The operator of the boat was initially charged with a misdemeanor. However, after new evidence emerged, the charges were upgraded to felony vessel homicide. This heartbreaking incident, among others, underscored the urgent need for stronger boating laws in Florida, a state that has one of the highest rates of boating accidents in the country. The proposed SB 58 aims to address these gaps in the law and enhance accountability on the water. Here’s a closer look at what this bill entails.
What Is SB 58?
Thanks to efforts to educate Florida’s Legislature spearheaded by the Lucy Fernandez Foundation, SB 58, also known as Lucy’s Law is a proposed bill introduced by Florida State Senator Ileana Garcia, which aims to address the growing number of boating accidents involving impaired drivers. The bill focuses on increasing penalties for boat operators found to be under the influence of alcohol or drugs. With Florida leading the nation in boating fatalities, particularly in places like Miami and the Florida Keys, SB 58 represents a crucial step toward improving boating safety and accountability.
Key Provisions of SB 58
- Graduated Felony Charges: The bill would introduce felony charges for boat operators who cause harm or death while impaired.
- Mandatory Prison Sentences: If convicted of boating under the influence (BUI) manslaughter, boat operators would face a mandatory 4-year imprisonment sentence.
- Harsher Penalties for Refusing Alcohol Tests: Boat operators who refuse to take alcohol tests would face additional penalties.
- Boating Ban and Ignition Interlock Devices: The bill would mandate a ban on boating for convicted individuals and require ignition interlock devices for those found guilty of BUI offenses.
This bill also revises the definition of “vessel homicide,” making it a crime to kill an unborn child due to reckless boating. It would further expand on regulations surrounding boater safety IDs and insurance requirements, providing greater accountability and protection for boaters and their passengers.
Current Boating Laws vs. Proposed Changes
Florida’s current laws regarding boating under the influence (BUI) are far less strict than those for driving under the influence (DUI) on the road. The proposed SB 58 seeks to change that by imposing tougher penalties for impaired boating accidents.
Current BUI Penalties in Florida
Under the current law, individuals caught boating under the influence face misdemeanor charges. However, if their actions result in injury or death, the penalties can escalate. Currently, though, these penalties do not come close to those imposed for DUI offenses on the road.
How SB 58 Would Make Penalties Comparable to DUI on the Road
SB 58 aims to change this discrepancy by introducing felony charges and mandatory prison sentences for boaters whose reckless actions result in injury or death. For instance, if a boater causes death while intoxicated, they could face a 4-year prison sentence—similar to the penalties for a DUI on the road. These proposed changes would make penalties for impaired boating accidents much more severe, acting as a strong deterrent for those thinking about operating a boat while under the influence.
Key Biscayne Fatal Boating Accident Inspires Changes to Law
One of the most tragic accidents that led to the proposal of SB 58 took place in Key Biscayne in 2022. George Pino, allegedly intoxicated, crashed his boat, killing 17-year-old Lucy Fernandez and severely injuring her friend, Katy Puig. Initially, Pino was charged with a misdemeanor. However, after new witness testimonies, he was charged with felony vessel homicide. This tragedy has left a lasting impact on the victims’ families and sparked a public outcry for stronger boating laws.
Public and Political Reaction
The public and political response to the Key Biscayne tragedy was swift. Many Floridians, especially those in the boating community, called for harsher penalties and more accountability for impaired boaters. In response to this outcry, Sen. Ileana Garcia, alongside State Attorney Kathy Fernandez-Rundle, introduced SB 58. The bill aims to ensure that tragedies like the one involving Lucy Fernandez do not happen again.
Role of State Senator Ileana Garcia and Other Lawmakers
Senator Ileana Garcia has been a strong advocate for this bill, pushing for stricter boating laws to protect Floridians from the dangers of impaired boating. Other lawmakers, including those from the Lucy Fernandez Foundation, have supported the bill to ensure greater safety on the waters. The tragic accident has sparked a movement for change, with many hoping SB 58 will prevent future accidents and save lives.
What’s Next for Florida’s SB 58 in 2025?
As we move into 2025, SB 58 is gaining traction in the Florida legislative process. While the bill has yet to become law, it has already sparked a crucial conversation about boating safety and the importance of holding reckless boat operators accountable.
Where the Bill Stands in the Legislative Process
SB 58 is still in the early stages of the legislative process, with lawmakers working to refine the bill and gather support. As with any proposed legislation, it will need to pass through various committees and receive approval from both the Senate and House before becoming law.
Potential Hurdles Before It Becomes Law
While SB 58 has significant support, it may still face hurdles in the legislative process. Some lawmakers may argue that the proposed penalties are too severe or that the bill does not address other important issues related to boating safety. However, given the public outcry and support for stricter penalties, it is likely that the bill will continue to gain momentum.
How the Public Can Support or Voice Concerns About the Bill
The public can play a critical role in the success of SB 58 by voicing their support or concerns to lawmakers. Those in favor of the bill can contact their representatives and advocate for its passage. By sharing personal stories and raising awareness, Floridians can help ensure that stronger penalties for impaired boating become law. If you would like to see this bill become law, you can contact your Florida State Representative and Florida State Senator and insist they support SB 58.
Experienced Boating Accident Lawyers in Miami
At Panter, Panter & Sampedro, our experienced team of boat accident lawyers in Miami is committed to helping victims of boating accidents seek justice. Whether you have been involved in a Florida boat accident or lost a loved one due to reckless boating, we are here to assist you in navigating the complex legal process. With over 30 years of experience, we have the knowledge and resources to investigate accidents thoroughly, gather evidence, and pursue the maximum compensation possible.
If you have been injured or suffered a loss due to a boating accident, our boat accident attorneys are ready to provide you with a free consultation. We understand the emotional and financial toll that accidents can take, and we are dedicated to fighting for your rights. Contact us at Panter, Panter & Sampedro for a compassionate and professional legal team who will stand by your side every step of the way.
Sources:
https://www.miamiherald.com/news/politics-government/state-politics/article297308774.html
https://www.miamiherald.com/opinion/editorials/article297773163.html
https://panterlaw.com/free-guides/the-essential-guide-for-what-to-do-after-a-boating-accident/
https://panterlaw.com/transportation-traffic-accidents/boat-accident/
https://safeseascoalition.createsend1.com/t/j-e-wpkyit-l-t/
