All You Need to Know About Lucy’s Law in Florida

July 29, 2025 Don Pumphrey, Jr. Criminal Defense Social Share

In Florida, a new law recently took effect that increases the penalties for various vessel-related crimes and civil infractions. This blog will discuss HB 289/SB 628, popularly referred to as “Lucy’s Law,” which took effect on July 1, 2025.

Lucy’s Law was signed by Governor Ron DeSantis in June 2025 – it took effect on July 1, 2025. The legislation was named after 17-year-old Luciana Fernandez, who was killed in a boating accident on Labor Day weekend in 2022. The operator of the vessel has since been charged with vessel homicide. 

According to the bill’s sponsors, the objective of Lucy’s Law was to enhance boating safety by bringing penalties for vessel-related offenses into alignment with penalties for traffic offenses (such as reckless driving and DUI manslaughter), deter boaters leaving the scene of accidents, and stop false reports to law enforcement.

One of the first provisions of Lucy’s Law (HB 289/SB 628) is increasing penalties for violating boating rules and recklessly operating vessels. Under the law:

• Reckless operation that results in an accident that causes damage to the property or person or another is now a first-degree misdemeanor (punishable by up to 1 year in jail and a $1,000 fine)
• Reckless operation that results in serious bodily injury to another is now a third-degree felony (punishable by up to 5 years in prison and a $5,000 fine)
• BUI manslaughter now carries a 4-year mandatory minimum sentence

Important: Reckless operation is defined as operating a vessel in a manner that the defendant knew or should have known was likely to cause death or great bodily harm – or in a manner showing willful or wanton disregard for the safety of persons or property. Luzardo v. State, 147 So.3d 1083 (Fla. 3d. DCA 2014)

The law focuses especially on enhancing penalties for boaters who leave the scene of an accident without giving information to law enforcement and rendering aid to the injured.

If someone fails to stop, give information or render aid after being involved in an accident, Lucy’s Law creates the following penalties:

• If the accident resulted in property damage, a second-degree misdemeanor punishable by up to 60 days in jail and a $500 fine
• If the accident resulted in an injury other than serious bodily injury to another, a third-degree misdemeanor punishable by up to 5 years in prison and a $5,000 fine
• If the accident resulted in serious bodily injury to another, a second-degree felony punishable by up to 15 years in prison and a $10,000 fine 
• If the accident resulted in death of another person or unborn child at any stage of development, a first-degree felony punishable by up to 30 years in prison and a $10,000 fine

Note: Under the law, “serious bodily injury” means an injury to any person, including the vessel operator, which consists of a physical condition that creates a substantial risk of death, serious personal disfigurement, or protracted loss or impairment of the function of any bodily member or organ.

Lucy’s Law also makes it a second-degree misdemeanor if someone knowingly provides false information to law enforcement about a vessel accident they were involved in. This provision is broad and has the danger of leading to charges against someone even if they were honest about what they believe happened, but the evidence does not appear to support their version of events.

If someone is a boater in Florida, it is critical to understand Lucy’s Law and Trenton’s Law. Though many are unaware of the passage of these bills in 2025, they have a significant impact on potential penalties boaters may face if charged with a crime resulting from their activities on the water.

It is critical to find experienced and trusted legal representation as soon as possible if someone is charged with DUI, BUI, vehicular homicide, DUI manslaughter, BUI manslaughter or vessel homicide. This decision could make the difference in whether or not someone faces a lengthy prison term and hefty fines.

Criminal Defense Attorney in Tallahassee, FL

Don Pumphrey, Jr. is a Former Prosecutor, Former State Police Officer, Lifetime Member of the Florida Association of Criminal Defense Lawyers; for over 25 years as a private defense attorney who is Trusted, Experienced, Aggressive in Criminal Defense as a Trial Attorney, Criminal Lawyer, Criminal Defense Lawyer for the accused in Florida State Courts located in Tallahassee, Florida but handling cases throughout the State of Florida.

Don Pumphrey, Jr. and the Tallahassee criminal defense lawyers at Pumphrey Law have decades of experience fighting drug charges on behalf of clients and winning. Call Pumphrey Law now at (850) 681-7777 to learn more about what we can do for you. Our lawyers will be happy to provide you with a free consultation.

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