Lucy’s Law: How Proposed Legislation Could Impact Boaters and Businesses Alike

Michael J. Pike, Managing Partner

Boating is a cherished part of Florida’s culture, especially in South Florida, where sunny weekends often mean time with friends and family on the water. But alongside the fun comes real risk. As a result, a new proposed law aims to address the associated risks head-on.

“Lucy’s Law,” formally House Bill 289 and Senate Bill 628, was introduced in honor of 17-year-old Lucy Fernandez, a high school student who tragically lost her life in a 2022 boating accident near Key Biscayne. The law marks a major step forward in improving boating safety standards and increasing accountability on Florida’s waterways.

Under Lucy’s Law, the proposed legislation would implement some of the following changes:

• Mandate boating safety education for operators, especially younger or inexperienced drivers;
• Increase penalties for reckless or careless boating;
• Strengthen consequences for boating under the influence (BUI); and
• Raise charges for leaving the scene of a boating accident involving injury or death, aligning them more closely with DUI and hit-and-run laws on land.

Why This Matters for Boaters and Business Owners:

At Pike & Lustig, LLP, we often represent victims of boating accidents and advise water-based businesses on risk and liability. If passed, Lucy’s Law would not only reshape individual behavior on the water but also have implications for businesses alike. For example,

• Boat rental companies and charters may need to adjust training protocols or verify safety certifications;
• Waterfront bars or marinas may have increased liability exposure, where BUI enforcement could result in sharper consequences for patrons and proprietors; and
• Obtaining insurance policies and mitigating legal exposure, especially in cases involving minors or negligence, may become more expensive and difficult to avoid.

Lucy’s Law reflects a broader effort across Florida to bring boating safety standards more in line with those for drivers on the road. For families like the Fernandezes, the law is also a deeply personal mission: to ensure that no other family suffers a similar, preventable loss.

As legal professionals and South Florida residents who spend a lot of time on the water, we support initiatives that make our community safer and more accountable, on land and at sea. If you have questions about boating injury claims or liability risks for your water-based business, trust the experienced attorneys at Pike & Lustig, LLP to help you confidently navigate the legal waters.