Florida, Massachusetts, and South Carolina are all currently in the midst of considering new legislation aimed at improving boating safety.
Each state's proposed laws are part of a larger trend aiming to add training and education in order to possess a boat license. There is also legislation being debated surrounding improving boater safety and cracking down on negligence.
In each of the three ongoing cases, legislation was brought forth in the wake tragedies exposing a shortage of training for boat operators and responders alike.
In Florida, 'Lucy's Law,' also known as HB289, is currently before the legislature and seeks to increase penalties for reckless boating. It would also require mandatory boating safety training for all operators. The law is named after Lucy Fernandez, a 17-year-old who died in a boating crash in Biscayne Bay in 2022.
In Fernandez's case, the crash occurred over the Labor Day weekend on September 4th, 2022. George and Cecilia Pino were hosting several teen girls for their daughter's birthday party, including Fernandez, aboard a 29-foot center console boat. All of the girls aboard were lifelong friends.
Investigators said Pino was piloting his boat back to the dock when it hit a channel marker near Boca Chita Key. The crash knocked everyone off the boat and tore a large hole in the side of the hull. Of the 14 passengers aboard, 11 were injured. Six were taken to hospital where Fernandez later passed away. Fellow classmate Katy Puig suffered a traumatic brain injury.
After the incident, Pino was never given a sobriety test. Investigators later determined that nearly everyone on board had likely been consuming alcohol, including Pino. When the boat was pulled from the water the day after the crash, 61 empty alcohol bottles, including an empty bottle of champagne, were found aboard. Pino was initially charged with three misdemeanors but the charges were later upgraded to include a felony charge of 'vessel homicide.' He faces a minimum of 15 years and a maximum of 30 years if convicted. Pino also faces civil charges from the Puig family.
If 'Lucy's Law' is enacted, it would include increased penalties for reckless boating and require blood tests without probable cause in cases of specified boating accidents. It also includes a provision that would require safety training and a license for all boaters in Florida.
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In South Carolina, 'Jaden's Law, also known as H.3602, is a proposed law that requires enforcement to secure the scene in the event of a boating accident that results in death or an unconscious person. It also requires them to immediately investigate and perform a breath alcohol test on the driver of the vessel. 911 dispatchers must allow follow new protocols including asking any caller if the victim is conscious, has a visible head injury, or was injured on a body of water. If the accident occurred on water, dispatchers must summon the Department of Natural Resources, which is tasked with investigating boating accidents. The bill also requires the DNR to clearly identify all public boat landings and provide their physical address and GPS coordinates to all law enforcement agencies and emergency medical responders.
'Jaden's Law' was brought forth after a 2020 accident when Jaden Phillips went on a fishing and boating trip with his father and several friends on the Congaree River near Columbia, SC. Jaden was killed after the boat a friend was driving crashed into a tree. It’s unknown whether Phillips would have survived if he had received immediate medical care, but because of communication mix-ups and delays getting responders at the scene, the 19-year-old young man passed away four days later. In the aftermath, evidence showed that those around Jaden had likely been consuming alcohol, which was never investigated, and a multitude of delays getting responders to the scene could have played a role in the young man's death.
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In Massachusetts, the Hanson-Milone Boater Safety Act was signed into law on January 8th, but does not go fully into effect until April 1st, 2026. The law requires all motorized vessel operators to earn a state-issued boater safety certificate before they can pilot a boat. There's an ongoing campaign to increase awareness state-wide to get all boaters tested and certified. As part of the requirements, participants must learn basic navigation rules and understand how to safely maneuver their vessels on the water to avoid collisions. There is also training related to dealing with onboard emergencies and contacting first responders. The course will be available online and in-person, and will be taught by various local organizations and law enforcement agencies.
According to the Provincetown Independent, the Hanson-Milone Boater Safety act took 10 full years to be passed in Massachusetts. Meanwhile, U.S. Coast Guard stats for 2023 "showed they had logged 3,844 accidents resulting in 564 deaths, 2,126 injuries, and roughly $63 million in property damage nationwide. Most of these accidents were the result of operator negligence and errors."
To get the Act enforced to boating's most vulnerable groups, an amnesty currently exists depending on a person's birth date. Those born after January 1st, 1989 must complete the course by April 1, 2026, with no penalties imposed until September 1st, 2026. If you were born on or before January 1st 1989, you will have until April 1st, 2028 to complete the course. In essence, the Act prioritizes younger boaters first. Proof of the course's completion must be carried while boating in Massachusetts waters.
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As an increase in awareness towards boating safety continues to unfold, boaters across the U.S can expect to see an increased focus on younger age groups in the near term. As new licensing legislation continues to be adopted, it will trickle upwards towards older cohorts over time.
There is a growing number of U.S. states now requiring licensing. Over 70% of U.S. states require some form of licensing or safety education course, while several have recently added a more comprehensive program that requires in-person or online training and testing to obtain a license. A state-by-state list of requirements shows boaters what they can expect in the state where they live and any state they visit.
In Florida, for example, those looking to obtain their license can participate in one of many statewide courses put on by the U.S. Coast Guard nearly every weekend.
In Canada, a Pleasure Craft Operator Card (PCOC) is a legal requirement for all recreational boaters with a gas-powered vessel.
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