Deadly Miami boat crash exposed legal holes that lawmakers have opportunity to close | Opinion
The tragic boating crash on Sept. 4, 2022, involving real estate developer George Pino has underscored the need for reform in boating safety law reforms to make Florida waters safer. The boating accident, which killed 17-year-old Lucy Fernandez and severely injured her classmate, Katy Puig, exposed legal gaps in our boating laws.
In response, Sen. Ileana Garcia, a Miami Republican, is proposing Florida Senate Bill 58 to impose enhanced penalties on boat drivers for accidents that result in injury or death. It would also increase penalties for a person who flees a boating accident that results in a death.
Miami-Dade State Attorney Katherine Fernandez Rundle, who worked with Garcia to help shape the boating bill legislation, said that Garcia “will be a force in ensuring that the boating legislation gets through the Legislature and becomes law.”
With more boats in the water and waterways becoming more congested, the legislation, if approved, would send a needed message that there can be serious legal consequences if someone is injured in a boating accident. There are different legal standards for vehicles on the road and boats in the water, Rundle pointed out. “Our vessels should be held to the same standard in the water as our vehicles on roadways,” she said.
During the 2022 accident, Pino, who was piloting the boat, drove into a channel marker, capsizing the vessel and ejecting all 14 passengers into the water. Initially, Pino was charged with three counts of careless boating misdemeanors. However, as a result of a Miami Herald investigation, a witness came forward with new evidence and led prosecutors to reevaluate the case, eventually charging Pino with felony homicide.
The proposed new law would allow prosecutors to charge boat operators who cause an accident with a third-degree felony if it causes injury, a second-degree felony if it causes serious bodily injury and a first-degree felony if it causes death. Current law only allows a less serious, third-degree felony charge for accidents resulting in injury. The bill also cracks down on those boating under the influence, with a mandatory minimum of four years in prison if convicted.
Additionally, a person who flees a boating accident that results in someone’s death could potentially face a first-degree felony, with up to 30 years in prison and a $10,000 fine. Under the proposed law, if a person is convicted of “boating under the influence” manslaughter, there would be a mandatory four-year prison sentence.
In the Pino case, the Florida Fish and Wildlife Commission has faced criticism, rightfully, over the flaws in its investigation, as reported by the Miami Herald. While SB 58 cannot address the failures of previous investigations, it would establish stronger safeguards for future accidents by creating appropriate penalties to match the severity of these crimes.
Florida is home to over 1,300 miles of coastline and nearly one million registered boats. Sadly, the Sunshine State leads the nation in boating fatalities with an average of 65 per year, according to FWC. The Florida Keys and Miami rank as the two deadliest places for boating accidents in Florida. In 2023 alone, the FWC reported 59 boating fatalities; over 10% of those fatalities were a result of alcohol consumption. These startling statistics highlight the need for stronger boating safety laws, particularly as Florida waterways see a continuing increase in registered boats.
Just last week, another fatal boating accident took place in the Keys, killing a 21-year-old woman from North Carolina and critically injuring three others. The boat operator appeared to be “severely intoxicated” at the time of the crash, according to a Herald story. And in May, a 15-year-old girl, Ella Adler, was killed while water-skiing. The boat that struck her did not stop.
Boating is a cherished part of Florida’s lifestyle. But it’s also a big responsibility. Florida needs laws that prioritize safety on the water and send a clear message that reckless and negligent behavior will not be tolerated.
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This story was originally published December 31, 2024 at 1:29 PM.