Florida Boating Accident Law: Criminal vs. Civil Claims Explained

Story developing as of June 24, 2026. Last updated: June 24, 2026.

The personal injury accident lawyers in Miami at the Perazzo Law Firm have learned that a high-profile Miami-Dade trial has put Florida boating-accident law back in the public eye. According to NBC6 South Florida (reporting by Christian Colón, June 22, 2026, updated June 23), on Monday, June 22, 2026, a Miami-Dade jury found Miami real estate developer George Pino, 55, not guilty of second-degree manslaughter and vessel homicide. Per NBC6, the charges stemmed from a Labor Day weekend 2022 boat crash near Boca Chita Key in Biscayne Bay that killed 17-year-old Lucy Fernandez and left another teen, Katy Puig, with permanent injuries. NBC6 reports the two-week trial included testimony from more than 20 witnesses before the jury returned its verdict.

The Perazzo Law Firm does not represent any party in this case and expresses no opinion on the verdict, the jury, the criminal proceedings, or on whether anyone was actually at fault. This article uses the trial only as a starting point to explain, in general terms, how Florida law treats boating accidents — and, most importantly, why a criminal case and an injured victim’s civil claim are two very different things that are decided under different rules.

What the Trial Reportedly Covered

According to NBC6 South Florida, the two-week trial included testimony from more than 20 witnesses, including Lucy Fernandez’s father, Andres, and Mr. Pino’s wife, Cecilia. NBC6 reports that prosecutors argued Mr. Pino was reckless when the boat struck a channel marker, while the defense maintained the crash was a tragic accident, not a crime. Per NBC6, defense attorney Howard Srebnick said eyewitnesses saw no signs of impairment and that Mr. Pino was not under the influence and did not operate recklessly. We attribute all of these case facts to NBC6 South Florida and the court proceedings, and we take no position on them.

Per NBC6, after the jury returned its not-guilty verdict, Miami-Dade State Attorney Katherine Fernandez-Rundle said she disagrees with the verdict but accepts the jury’s decision. We report these statements as attributed to NBC6 and the parties, and we express no opinion on the verdict or on the jury’s decision.

Our thoughts are with the family of Lucy Fernandez and with Katy Puig. The remainder of this article steps away from the specific case and explains the general legal framework.

Criminal Case vs. Civil Claim: Two Separate Tracks

One of the most common points of confusion after a serious boat crash is the belief that a criminal prosecution — and its outcome — controls what happens for the people who were hurt. In Florida, the two are separate. A criminal case answers whether the State proved a crime beyond a reasonable doubt; it does not, by itself, decide a victim’s civil claim for compensation. That is why, as a general matter of law, even a not-guilty verdict in a criminal case does not automatically end or bar a separate civil claim — the two are decided under different standards of proof.

What a criminal case does

The personal injury accident lawyers in Miami, Jonathan Perazzo explains that a criminal case is filed by the state, not by the victim. Its purpose is to determine whether a boat operator violated Florida law and, if so, to impose penalties such as incarceration, probation, or fines. The prosecution must prove its case beyond a reasonable doubt, which is the highest standard in the legal system. A criminal court can, in some circumstances, order restitution, but a criminal verdict is not designed to fully compensate an injured person or a grieving family for everything they have lost.

What a civil claim does

A civil claim is brought by the injured person — or, in a death case, by the family — to seek money damages, not a criminal conviction. The standard of proof is lower than in a criminal case: generally a “preponderance of the evidence,” meaning more likely than not, rather than “beyond a reasonable doubt.” That difference in standards is the key reason the two tracks can reach different results. As a general matter:

• A civil claim can move forward whether or not criminal charges are ever filed.
• Because the burden of proof is lower, a civil claim can in some cases succeed even when a related criminal case ends in an acquittal — an acquittal means the State did not prove a crime beyond a reasonable doubt, not that a civil claim is foreclosed.
• A criminal conviction is not required for an injured person to seek compensation.

This is why families and injured victims often consult a personal injury attorney separately from whatever the State is doing in criminal court. Whether any particular civil claim exists always depends on the specific facts and the law applied to them. our practice areas

How Florida Boating Accidents Are Investigated

In Florida, the Florida Fish and Wildlife Conservation Commission (FWC) is the primary agency responsible for investigating boating accidents on state waters. As boat-crash trial coverage often illustrates, modern investigations can rely on a wide range of evidence, which may include:

• GPS and speed data from onboard or marine electronics
• Vessel reconstruction by trained investigators
• Seating charts and witness statements about who was where on the vessel
• Body-camera and other video footage
• Physical evidence such as damage to the hull, channel markers, or other structures

For both criminal proceedings and civil claims, this kind of evidence can be critical — which is one reason preserving and documenting it quickly matters so much after any serious crash.

Who Can Be Held Responsible in a Florida Boat Crash

In a civil claim, responsibility is not always limited to the person at the wheel. Depending on the facts, potentially responsible parties in Florida boating cases can include:

• The boat operator, if their conduct fell below what a reasonably careful operator would do
• The boat’s owner, in some circumstances, separate from the operator
• A rental or charter company, depending on how the vessel was provided and maintained
• A maintenance or repair provider, if a mechanical failure contributed
• A manufacturer, if a defect in the vessel or its equipment played a role

Florida also follows a comparative fault approach, meaning more than one party can share responsibility, and fault can be apportioned among them. Determining who may be responsible is fact-specific and depends on a full investigation.

Wrongful-Death and Serious-Injury Claims in Florida

When a boat crash causes a death, Florida’s Wrongful Death Act governs who may bring a claim and what may be recovered. In general terms, a wrongful-death claim is brought by the personal representative of the deceased person’s estate on behalf of surviving family members, and it can seek compensation for losses such as medical and funeral expenses and the family’s loss of support and companionship. The specific rules about who qualifies as a survivor and what damages apply are detailed, and they turn on individual circumstances.

For people who survive a crash but are seriously injured, a civil claim may seek compensation for medical care, future treatment, lost earnings, and the human cost of a serious injury. These cases, too, depend heavily on the evidence gathered after the crash.

Why Evidence Matters So Much

Much of what is argued in a boating case comes down to data and documentation — GPS tracks, reconstructions, video, and witness accounts. The same is true on the civil side. Evidence can also be missing — and what is not gathered early can shape a case for years. In the Biscayne Bay matter, NBC6 reports that the Puig family said they were “deeply disappointed” and noted that, as they described it, no sobriety test was given and no blood sample was obtained, so some evidence was, in their words, “lost forever.” We report these statements as attributed to NBC6 and the Puig family, and we take no position on them. As a general matter, evidence can fade, vessels can be repaired or sold, and memories blur, which is why acting promptly to preserve evidence is often one of the most important early steps for anyone considering a claim.

Frequently Asked Questions

Does a criminal verdict — including a not-guilty verdict — decide a victim’s civil claim?

As a general matter of Florida law, no. A criminal case is brought by the State to decide whether someone broke the law beyond a reasonable doubt; it is not designed to pay compensation to injured people or grieving families. A civil claim is separate and uses a lower standard of proof, so a criminal acquittal does not by itself decide or bar a civil claim, and a criminal conviction is not required to pursue one. Whether any particular claim exists depends on the facts. (General information only.)

Who investigates boating accidents in Florida?

The Florida Fish and Wildlife Conservation Commission (FWC) is generally the lead agency for investigating boating accidents on Florida waters. Investigations can involve GPS and speed data, vessel reconstruction, witness statements, and video evidence.

Who can be held responsible in a boat crash?

It depends on the facts. Potentially responsible parties can include the boat operator, the boat owner, a rental or charter company, a maintenance provider, or a manufacturer if a defect contributed. Florida’s comparative-fault rules allow responsibility to be shared among more than one party.

What is a wrongful-death claim in Florida?

Under Florida’s Wrongful Death Act, when someone is killed due to another party’s wrongful act, the personal representative of the estate may bring a claim on behalf of qualifying surviving family members. It can seek compensation for losses such as medical and funeral costs and the family’s loss of support and companionship. The specifics depend on individual circumstances.

How long do I have to file?

Florida sets deadlines, called statutes of limitations, for personal injury and wrongful-death claims, and they vary depending on the type of claim and the parties involved. Because these deadlines can be shorter than people expect and can be affected by specific facts, it is wise to speak with an attorney promptly rather than assume there is plenty of time. contact us

Talk to a Florida Boating-Accident Attorney

If you or someone you love was hurt or killed in a Florida boating accident, the law that may apply to your situation can be entirely separate from any criminal case or its outcome. To understand how the law applies to your circumstances, you can speak with an attorney for general guidance. Contact an Accident Lawyer in Miami at the Perazzo Law Firm

Source: Verdict and trial facts: NBC6 South Florida, reporting by Christian Colón, June 22, 2026 (updated June 23, 2026). Earlier trial coverage: CBS News Miami, reporting by Ana Maria Soler, June 12, 2026. All case facts are attributed to these outlets, the parties’ public statements, and the court proceedings.

Disclaimers: This article is provided for general informational and educational purposes only and is not legal advice. Reading it or contacting the firm does not create an attorney-client relationship. The Miami Personal Injury Accident Attorneys at the Perazzo Law Firm do not represent any party in the matter described above and expresses no opinion on the verdict, the jury, the criminal proceedings, or on whether any person was at fault. All references to the case are attributed to NBC6 South Florida, CBS News Miami, the parties’ public statements, and the court record. Nothing here suggests that any specific person can or should be sued; the discussion of civil claims is general only. Every case is different, and prior results do not guarantee a similar outcome. This is attorney advertising.