Our daughter’s boating death must spark change. Florida lawmakers, it’s time to act | Opinion

On Labor Day weekend more than two years ago, we suffered the unimaginable loss of our 17-year-old daughter.

It was a beautiful day on the water, not a cloud in the sky. A vessel carrying 14 passengers — two adults and 12 teenagers — violently collided with a navigation channel demarcation post. The boat capsized, ejecting most passengers into the water, leaving them stranded, disoriented and fighting for their lives.

Some were airlifted to the hospital with traumatic brain injuries, broken bones and water in their lungs. One did not survive. That was our Lucy.

Now, we are on a mission to prevent others from suffering such a tragic loss. Through enhanced enforcement, safety measures and mandatory training for boaters, we can help prevent dangerous accidents that result in injury and death.

New state legislation filed by state Reps. Vicki Lopez (R-Miami) and Vanessa Oliver (R-Punta Gorda) expands boating safety education requirements and increases penalties for reckless boating, boating under the influence, and accidents resulting in death.

For Floridians, boating is a way of life. Our state is home to more than 1,300 miles of coastline. Our family has spent countless hours on Florida’s waterways, creating cherished memories together. Our daughter, Lucy, especially loved being on the water — it was her favorite pastime, something that always brought her joy.

But while boating brings joy, it also carries serious responsibilities.

Reckless and negligent behavior on the water can lead to catastrophic accidents, causing permanent disabilities, lifelong trauma and even death.

We are not the only family who has suffered such an unbearable loss. According to the Florida Fish and Wildlife Conservation Commission, more than 65 fatalities occur in Florida each year due to boating accidents.

Year after year, our state leads the nation in both registered vessels and boating fatalities. The problem continues to grow as more people and distractions crowd the water, while boats are bigger, faster and more powerful.

Yet, our state laws have failed to keep pace with basic water safety. There are virtually no meaningful requirements to ensure vessel operators have the necessary education, training or experience to operate safely.

Florida law currently requires individuals born on or after Jan. 1, 1988 — those younger than 36 — to complete a boating safety course. This outdated rule leaves many boat owners without formal knowledge of essential maritime safety.

Statistics show many fatal boating accidents involve operators over 36. The FWC’s 2023 Statistics Report found upwards of 80% of those in fatal accidents had no formal boater education.

It defies common sense that anyone can buy a boat capable of reaching dangerous speeds and legally take it out on the water without any training simply because they were born before 1988.

Even more concerning, Florida law fails to impose adequate consequences on boat operators responsible for accidents resulting in serious injury or death.

Our family is fighting for change, and we remain hopeful this movement will bring meaningful solutions. House Bill 289, known as “Lucy’s Law,” would require safety training for all boaters, ensuring that anyone operating a vessel in Florida has at least a basic understanding of safe boating practices. HB 289 also increases penalties for reckless vessel operation, particularly in cases involving serious injury or death.

Additionally, it establishes driver’s license suspension for boating under the influence. With increased training, stricter regulations and real consequences for reckless behavior, we can prevent tragedies and save lives.

No parent should have to endure the heartbreak of losing a child — especially in a preventable accident. Our family is proof of what happens when laws fail to keep up. It is too late to save Lucy, but not too late to protect others from the same, devastating pain.

We urge Florida lawmakers to pass HB 289. This is not about politics; it is about protecting lives. Boating should be a source of joy and adventure, but that can only happen when everyone on the water takes safety seriously.

It is time for Florida to act.

Melissa and Andy Fernandez live in Miami with their son, Kevin. After the 2022 death of their daughter, Lucy, they established the Lucy Fernandez Foundation to provide scholarships, raise awareness and advocate for stronger watercraft safety regulations.

This story was originally published February 11, 2025 at 10:26 AM.