Legal Leeward Pt. II - Lucy's Law, Brianna's Law, and Boater Freedom Act Enacted in U.S.

Photo - Eileen Byrne & Unsplash

Three keynote pieces of legislation in the U.S. have been enacted as American's prepare to hit the water for Memorial Day Weekend. (You can also read: Legal Leeward Pt. I - Multiple U.S. States Considering New Legislation to Improve Boating Safety) 1. Lucy's Law

In Florida, HB289, also known as Lucy's Law, has been passed as part of the state's larger Boater Freedom Act. The law was written in recognition of Lucy Fernandez, a 17-year-old high school senior who was killed when the boat she was riding as part of an 18th birthday celebration hit a channel marker near Biscayne Bay in 2022. Another female passenger was seriously injured.

The new legislation will go into effect on July 1st, 2025. The new law includes increased penalties for reckless boating resulting in serious injury or death and the requirement of mandatory boater education for any boater found guilty of any boating infraction.

Key features of Lucy's Law:

• Increased Penalties:

  Reckless boating resulting in serious injury or death will now be a felony, rather than a misdemeanor, with felony charges ranging from third-degree for minor injuries to first-degree for death.

• Mandatory Education:

  Boaters found guilty of any boating infraction will be required to complete a boating safety course.

• Leaving an Accident Scene:

  Leaving the scene of an accident where someone is hurt, or providing misleading statements to police, will result in felony charges.

• Boating Under the Influence:

  A mandatory minimum 4-year prison sentence will be imposed for boating under the influence manslaughter.

• Boater Safety Education:

  The law emphasizes the importance of boating safety education and encourages boaters to take the course. 

2. Boater Freedom Act

   
   

Lucy's Law is part of the larger Boater Freedom Act, also known as Senate Bill 1388, which was signed into law by governor Ron DeSantis on May 19th.

The keynote details of the Boater Freedom Act center around law enforcement and its restrictions regarding recreational vessels. The new law restricts law enforcement from stopping boats without probable cause and establishes a voluntary decal program for vessels that have passed safety inspections. It also prohibits local restrictions on fuel types used in boats. According to DeSantis, the act is part of a broader push to reduce unnecessary government intrusion while still keeping waterways safe and maintaining environmental standards. “Florida is the boating and fishing capital of the world—and the Boater Freedom Act will ensure that this remains the case,” said DeSantis at the unveiling.

Florida is home to the most recreational boats in the continental U.S. with over one million vessels currently registered. As a result of its volume, it also ranks highest in the nation for boating accidents. Key details of the Boater Freedom Act:

• Restriction on Random Vessel Stops

Law enforcement officers are now prohibited from stopping or boarding recreational vessels solely for safety or sanitation inspections without probable cause. Such inspections are now considered a secondary offense, rather than a primary offense, meaning they can only occur if a first violation is observed beforehand.

• "Florida Freedom Boater" Decal Program

The Florida Fish and Wildlife Conservation Commission (FWC), in coordination with the Department of Highway Safety and Motor Vehicles, will implement a five-year safety inspection decal program for recreational boaters. Boaters who demonstrate compliance with safety equipment requirements will receive a "Florida Freedom Boater" decal, indicating to law enforcement that the vessel meets safety standards. 

• Protection of Fuel Choice for Watercraft

The new law also includes the "Watercraft Energy Source Freedom Act" which prohibits state and local governments from restricting the use or sale of watercraft based on their energy source. This ensures that boaters can choose between gas, diesel, electric, or other power sources without local bans. 

• Environmental Protections Maintained

While promoting boater freedom, the act maintains existing environmental safeguards including protections for manatee zones, seagrass areas, and wake speed regulations.

DeSantis also signed House Bill 735 which provides additional funding to expand public access to waterways. The bill allocates resources and funding for the development of boat ramps, marina facilities and associated parking infrastructure. These new developments will be administered by the Florida Fish & Wildlife Commission.

One interesting details is that lawmakers had proposed expanding the state's boater education requirement to all operators, as well as suspending driver licenses for BUI convictions, but neither amendment made it into the final bill.

3. Brianna's Law

While Brianna's Law was initially signed in 2020 in New York, the total of its key components will come into enforcement for the 2025 summer season. The law, also known as Senate Bill S5685, is named in memory of Brianna Lieneck, an 11-year-old girl killed in 2005 when the boat she and her family were riding was hit by a vessel driven by a man suspected of being under the influence. The small runabout Brianna and her family were riding in was destroyed when the larger vessel came over the gunwale and tore off the canopy. Both of Brianna's parents, and her sister, were seriously injured. The captain of the larger vessel that hit the Lieneck's later had their charges dismissed. Brianna's Law mandates that all operators of motorboats regardless of age must complete an approved boating safety course and obtain a NYS boating safety certificate from the Office of Parks, Recreation and Historic Preservation in order to captain a vessel.

The law has been phased in over time using different age groups. The requirement for mandatory licensing breaks down as follows:

Born on or after January 1, 1993: Required by 2020

• Born on or after January 1, 1988: Required by 2022

• Born on or after January 1, 1983: Required by 2023

• Born on or after January 1, 1978: Required by 2024

• All operators, regardless of age: Required by 2025

Brianna's Law also includes age restrictions for personal watercraft (PWCs). As of 2025, all PWC operators must be at least 14 years old, have completed a state-approved boating safety course, and must carry their boating safety certificate onboard. Individuals under the age of 14 are prohibited from operating a PWC.

Law enforcement agencies, including the New York State Marine Patrol and local authorities, will have authority to enforce the law and check for compliance. Failing to carry a valid certificate can result in fines.

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