Bill under consideration aims to increase boating safety

According to Florida Fish and Wildlife Conservation Commission, Florida leads the nation in boating fatalities, averaging 65 per year.

A new bill currently in the Senate Judiciary Committee would impose stricter regulations on boating activities. 

House Bill 289 or "Lucy's Law," would bring changes that include increasing penalties for crashes because of reckless boating and for driving a boat under the influence, requiring violators to take a boating education course, and requiring fines for noncriminal infractions.

The legislation is named after 17-year-old Luciana Fernandez, who died during a 2022 crash in Miami, which also left other passengers injured, including now permanently disabled 18-year-old Katerina Puig.

The bill has two related bills, Senate Bill 58 and Senate Bill 628.

Sarasota boaters interviewed by the Observer were supportive of the push for more safety restrictions.

Commander Barbara Warshaw of the Sarasota Power & Sail Squadron, a boating safety organization which teaches safety courses, said boating should have the same safety requirements as driving a car. 

"We see too many unnecessary accidents and deaths and people being hurt, because they don't know what they're doing on the water, and it really is our fault, because... we don't mandate them to be educated on how to operate a boat safely..." she said. "We're dedicated to educating our community so that people will be safe on the water."

"Unfortunately, states do this after learning a terrible but large lesson," said John O'Keefe, a registered captain with the U.S. Coast Guard who boats in Sarasota and created the app YachtWave. 

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He also criticized current laws, which require a safety course only if drivers of a vessel of 10 horsepower or more are born during or after 1988.

"That's the ridiculous part of it..." he said. "The people that have a million to two million to buy a boat are probably over the age of 38," he said. 

O'Keefe said he did not think the legislation was strong enough and that current laws were "really not taking the education process seriously enough."

"If you're in New Jersey, New York or Connecticut, you have to sit in a proctored room and take a test," he said. "Here, you can go online and take it."

He says as more people are boating, etiquette alone is no longer sufficient.

"My approach to solving problems is to really look at the root cause, and it's the lack of education and ability in the people that are driving these vessels," he said.

"We applaud their courage, and this bill," wrote Jan Solomon of the local sailing charter company Key Sailing. "Those of us who run professional sailing, fishing, and dinner charters from Marina Jack have noticed a rapid increase in boating on Sarasota Bay, especially during spring break. Teens driving their dad’s deck boat are dodging the ever-increasing flood of new charter pontoons with phone numbers on the side, as well as those renting jet skis for the day. We are pleased to note that in our area, at least basic instruction is given to those who are given keys to a rental. We know which companies are going over and above current requirements and we have a relationship with our local neighbors on the water. But lack of experience mixed with a lack of safety instruction is dangerous enough without adding alcohol to the mix. Lucy’s Law is a necessary first step."