Key West Injury Lawyer Blog
Several bills, including one to impose stricter penalties on boaters involved in crashes, have been proposed in the Florida House and Senate ahead of the 2025 start to the legislative session in March; here’s what you should know.
The bill referencing the penalties was proposed by Sen. Ileana Garcia, a Republican in Miami, and would classify fleeing a fatal boat crash as a first-degree felony, meaning this charge could carry a sentence of up to 30 years in prison, if convicted. Additional penalties can include a $10,000 fine. If a person who is found guilty of this crime was also found to have bene under the influence at the time of the crash, then a mandatory, minimum sentence of four years would be applied.
This bill, SB 58, was filed in response to the 2022 Biscayne Bay boat crash that killed one high school student on board and permanently injured another. The student killed in that incident was 17-year-old Luciana Fernandez who was on the boat being operated by George Pino, a local real-estate developer. Pino was first charged with three misdemeanor charges of careless boating, but those charges were changed to vessel homicide after a witness came forward this year with new evidence in the case.
The day of the 2022 crash, Pino is accused of driving his boat into a channel marker. The boat capsized and all 14 passengers on board, including Luciana, were ejected. The group was out on the water that day to celebrate Pino’s daughter’s 18th birthday.
A lawsuit claiming Pino was drinking and boating was filed by the family of the high school student who was permanently injured in the crash. In 2024, that case was settled for $16 million.
No charges have been filed against Pino in relation to drinking and boating.
Leesfield & Partners
Leesfield & Partners was founded in 1976 and has since expanded to three offices in Miami, Key West and Orlando. Though the law firm’s landmark building is located in Miami, its history with Key West spans back three years before its establishment.
In 1973, while only a few years out of law school, the firm’s Founder and Managing Partner, Ira Leesfield, tried his first case in Key West. It was the first case in Florida tried under the Florida Supreme Court’s comparative negligence law and involved the death of a 14-year-old boy. Mr. Leesfield won that case, collecting a $100,000 award before later going on to start Leesfield & Partners. Since then, the firm has put down roots in Key West and throughout the Florida Keys, trying hundreds of cases and securing multiple record settlements and verdicts on behalf of injured clients and families.
In addition to Leesfield & Partners’ legal work throughout the Florida Keys, Mr. Leesfield has forged strong relationships with the community and has pledged annual support to organizations serving those in the area who need it most. Through Leesfield & Partners and his charitable foundation, The Leesfield Family Foundation, Mr. Leesfield has created numerous scholarships and grants and been able to provide essential services for Monroe County residents.
Click here to learn more about the firm’s most recent charitable work in Monroe County.
Previous Boating Cases
While boating provides ample fun and can be the source of fond memories for tourists and Florida locals alike, a day on the water can quickly turn tragic if not approached with proper care.
Leesfield & Partners handled the boating death of a young boy who was hit by a negligent boater, also a minor, while he snorkeled. That boater fled the scene following the crash and attempted to cover up evidence and lie to police when questioned. Neighbors of the minor who was operating the boat on the day of the fatal crash testified that he was known to regularly operate the vessel recklessly and without supervision.
In another tragic boating accident, this time involving the death of a family’s 20-year-old daughter, Leesfield & Partners secured a settlement of over $1.3 million.
In a jet ski and boat crash, Leesfield & Partners attorneys secured $935,750 for their client.
Leesfield & Partners handles all manner of accidents stemming from recreational water activities in addition to boat crashes. Other practice areas include scuba and snorkeling accidents, jet ski injury cases, accidents stemming from cruise ship excursions and more.
A previous case handled by the firm involves a man who was with a boat tour company at Dry Tortugas National Park to snorkel with his wife. Guides with the company directed this man and his wife to an area where they were assured it was “good to snorkel.” Within minutes, the husband was found unresponsive in the water.
A confidential settlement was reached in that case.
In a cruise ship case involving the death of a mother and serious injury to a daughter who bought a parasailing excursion on board, Leesfield & Partners attorneys secured a $7.25 million settlement.
Another case resulted in a $17 million recovery after the parasailing company negligently allowed customers to continue with their excursion despite dangerous weather conditions, causing the death of at least one person. Florida Statute 327.375 bars commercial parasailing when sustained winds are more than 20 mph or when wind gusts are 15 mph higher than the sustained wind speed.
Florida Boating Stats
Florida has regularly been dubbed the “boating capital of the world,” and, with over a million registered vessels in the state, it is no wonder why it is also the state in the U.S. with the most boat crashes annually. In a report released every year by the Florida Fish and Wildlife Conservation Commission, investigators announced there had been over 600 reportable crashes statewide. The most common cause of crashes in Florida included crashes with a fixed object.
Miami-Dade and Monroe Counties were the areas in the state with the most crashes in 2023, according to the FWC report. Monroe County, however, had the highest crash incident rate of all. There were 87 total accidents in Monroe County that killed three people and injured 62 others.
