More than two years ago, a Miami-Dade County family suffered the unimaginable loss of their daughter in a boat crash, now the parents of Luciana Fernandez are fighting for legislative change.
It was Labor Day 2022 when then 17-year-old Luciana and over a dozen others were on a boat that crashed into a channel marker and were ejected from the vessel into Biscayne Bay. The crash killed Luciana, daughter to Melissa and Andy Fernandez, and severely disabled one other girl, Katerina Puig.
This week, Luciana’s parents published an OP-ED announcing their “mission to prevent others from suffering such a tragic loss.” Their solution? New legislation filed by State Reps. Vicki Lopes (R-Miami) and Vanessa Oliver (R-Punta Gorda) that will increase penalties for reckless boating, boating under the influence and accidents that result in death on the water. In addition to stricter penalties for violators of boating laws, House Bill 289, also known as “Lucy’s Law,” will also expand on boating safety and education requirements.
‘Boating Incidents Are Entirely Underestimated’ Ira Leesfield says.
Ira Leesfield, the Managing Partner and Founder of Leesfield & Partners – a law firm with nearly 50 years of experience in all practice areas of personal injury law, including boating accidents – agrees that boat crashes are an ever-present hazard in the state, an issue that needs to be remedied.
“The dangers from boating incidents are entirely underestimated as South Florida becomes more congested, drinking on the water becomes more prevalent and distractions from cell phones and other devices increases,” he said. “Important safety standards must be enforced on all watercrafts.”
What Happened?
The person manning the boat that day was the father of one of the girls on board, Doral real estate broker, George Pino, 54. The group was on the water on the family’s 29-foot boat to celebrate the birthday of Pino’s daughter.
Since the tragic crash, Pino has been charged with vessel homicide and his wife was allegedly ordered to pay $16 million to the Puig family in 2024 as part of a lawsuit settlement. The lawsuit alleged that Pino and his wife, Cecilia, bought and allowed the teenage girls on board the vessel to consume alcohol. It also goes on to claim that Pino was speeding at the time of the crash, and that he allegedly “refused a blood draw and/or breathalyzer testing after the accident…in order to conceal the fact that he had consumed alcohol to the extent that his normal faculties were impaired.”
The Miami Herald reported in January that Pino’s trial has a preliminary date of July 14. The real estate developer had previously been charged with misdemeanor careless boating, but those were changed in October 2024 to vessel homicide after it was revealed that investigators failed to take statements from eyewitnesses at the scene of the crash.
Pino allegedly admitted to drinking that day and one girl aboard the vessel had a blood alcohol level that was twice the legal limit, which is 0.08%, the Herald reported. The girl was reportedly among those severely injured in the crash. Investigators allegedly found over 60 cans and bottles on the day of the boat crash.
For the Fernandez’s, the tragedy they suffered stems from safety issues that state law fails to keep pace with, they said.
“Year after year, our state leads the nation in both registered vessels and boating fatalities,” they said. “The problem continues to grow as more people and distractions crowd the water, while boats are bigger, faster and more powerful.”
Currently, state law calls for those born on or after Jan. 1, 1988 to complete a boating safety course, leaving many others without the necessary maritime safety education. Lucy’s Law aims to ensure that all boaters have at least a “basic understanding of safe boating practices.”
“It is too late to save Lucy, but not too late to protect others from the same, devastating pain,” the Fernandez’s said.
Leesfield & Partners’ History Representing Victims of Boating Crashes in Florida
As a law firm in a state with 1,300 miles of coastline and the most registered vessels in the country, Leesfield & Partners knows the integral role that boating plays in the lives of millions of Floridians and its lure for tourists. With that, however, comes immense responsibility.
In Florida, hundreds of boaters are involved in accidents every year, resulting in tragic injuries and deaths. In 2023, the year with the most recent available data, there were approximately 659 reportable boating accidents in the state. The most common cause of crashes statewide was a collision with a fixed object.
Miami-Dade and Monroe Counties, where Leesfield & Partners has two of three Florida offices, were the areas with the most crashes in 2023, according to an annual report from the Florida Fish and Wildlife Conservation Commission. Monroe County ranked as the area with the highest accidents overall with 87 total accidents, resulting in three deaths and 62 injuries.
These tragic numbers point to an issue that Leesfield & Partners regularly highlights on the digital sign in front of the firm’s Miami office, which sees thousands of commuters daily on U.S. 1. The firm periodically posts safety advisories, warning tourists and locals alike about the dangers of impaired boating as well as providing safety tips.
Previous Cases
Though millions of Floridians can attest that being out on the water is a way of life, providing families with an avenue for connection to create life-long memories, it is not one that comes without consequences. Alcohol, distractions, low-visibility conditions and a lack of proper boater’s education can all contribute to an eventual, tragic crash.
A substantial settlement was secured by Leesfield & Partners in a case involving a minor who lost a leg while not being supervised on a vessel.
The firm previously handled the case of a family whose young son was snorkeling when he was hit and killed by a passing boater. The boater in that case was also a minor who should never have been given permission to operate the vessel without supervision. Not only did this minor not stop, but he attempted to cover up evidence and lied to police when questioned.
Neighbors later testified that this minor regularly operated the boat in a reckless manner.
The firm represented the family of a young woman, 20, who tragically died when the vessel she was on crashed into a concrete dock. The firm secured over $1.3 million for the family when it was revealed that the boat operator had been drinking and speeding the night of the crash.
In a jet ski and boat crash, Leesfield & Partners attorneys secured $935,750 for their client.
In a boat case involving a foreign resort, the firm secured an $800,000 recovery for the injured client.
Another boating accident involving a negligent operator resulted in a $500,000 recovery.
Bernardo Pimentel II, a Trial Lawyer at the firm, recently secured the maximum, capped settlement for the family of a young lobster diver and father-to-be. The lobster diver was in the water when a law enforcement officer failed to adhere to divers-down flag laws.