With a little more than a month left until the official start of the spiny lobster sport season in Florida, here’s what divers and boaters should know.
Leesfield & Partners has over 48 years of experience in Miami, Orlando, Key West and throughout the Florida Keys. In that time, the firm’s attorneys have represented countless boat crash victims and their families, becoming among the top leaders in the state when it comes to maritime and boating accident law. With that experience, comes tremendous experience as to what can go wrong on the water.
Among the most pressing issues when it comes to boating safety are boating under the influence, negligent speeding on the water, a lack of experience, and a lack of lifejacket usage. The most recent data from the Florida Fish and Wildlife Conservation Commission shows that Florida is again the nation’s leader when it comes to registered vessels with the state tallying in 1,030,053 registered vessels in 2024. With the nation’s most boats, it is no wonder that Florida also leads the nation with the most boating accidents.
In 2024, the state had approximately 685 reportable boating incidents. About 65% of the operators involved in fatal incidents for that year had no formal boater’s education. In these incidents, the data showed, at least 81 people died and nearly 400 were injured.
Each of these numbers represents a devastating moment in the lives of families, the likes of which could perhaps have been prevented. This is why boating safety is a cause that has been championed for decades by Ira Leesfield, the Founder and Managing Partner of Leesfield & Partners. In nearly five decades of personal injury experience, Mr. Leesfield has seen families torn apart and the lives of individuals wholly changed as the result of negligence on the water.
Previously, Mr. Leesfield has expressed his support for initiatives such as Lucy’s Law, which aims to create stricter penalties for boaters who are under the influence and leave the scene after being involved in crashes that cause injuries or deaths on the water in Florida. His aim is to continue pushing for stronger safety protocols and awareness of this pressing issue.
“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,” Mr. Leesfield said. “Important safety standards must be enforced on all watercrafts.”
Watch Out for Divers
While divers are in the water year-round, more will likely dawn their masks and fins as we get closer to lobster season. This is why it is so important to adhere to divers-down flag laws.
In Florida, divers must display divers-down flags or buoys to make their presence known to passing boaters. These boaters must operate at idle speed and maintain a set distance from these markers to ensure the safety of those in the water. In rivers, inlets and navigational channels, boaters must be within 100 feet of these markers. When in open water, that distance is 300 feet.
Bernardo Pimentel II, a Leesfield & Partners Trial Attorney, represented the family of a young man and father-to-be who was lobster diving when he was killed by a law enforcement officer who negligently failed to adhere to divers-down flag laws.
This heartbreaking incident serves as a powerful reminder of why boating laws exist — and just how crucial it is to stay alert and cautious on the water.
- During Spiny Lobster Sport Season — which runs from July 30 until July 31 — there is a daily limit of six per person for Monroe County and Biscayne National Park. In the rest of Florida, that limit is 12 per person.
- These limits are enforced both on and off the water.
- During that time, carapace length must be larger than three inches, measured in the water.
- Anyone lobstering
- Night diving during sport season is prohibited in Monroe County.
- Harvesting lobsters is prohibited in the following areas: the Everglades National Park, Dry Tortugas National Park, no-take areas in the Florida Keys National Marine Sanctuary, in the Biscayne Bay/Card Sound Lobster Sanctuary. Harvesting lobster is also prohibited in the five Coral Reef Protection Areas in Biscayne National Park.
- Harvesting lobsters is prohibited in the following areas during the sport season: John Pennekamp Coral Reef State Park
- The regular spiny lobster season runs from Aug. 6 until March 31
- The daily bag limit is six per person
- Carapace length must be larger than three inches when measured in the water.
- Those out harvesting lobster must have a measuring device at all times.
- A recreational saltwater fishing license and a lobster permit are required to harvest spiny lobster in Florida, unless exempt.
- Separating a lobster’s tail from its body is prohibited in Florida waters.
- It is prohibited to harvest egg-bearing spiny lobster.
Previous Leesfield & Partners Boating Cases
Previously, the firm secured a substantial settlement 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.
In addition to boating accident litigation, Leesfield & Partners have represented the victims of various water-related accidents, including drownings, jet ski crashes, parasailing, and other recreational activities.
The firm represented the widow of a man who drowned while on a boat tour at the Dry Tortugas National Park. The company’s tour guides instructed the man where he should go to snorkel and, within minutes, his body was found unresponsive.
The firm secured a six-figure recovery in that case.
In the last several years, the firm has secured over $10 million for individuals and families affected by jet ski accidents. These include:
- A $2.8 million recovery for a woman who was killed as the result of a jet ski company’s negligence.
- An accident resulted in a $1.6 million recovery for our injured client,
- A jet ski crash with serious injuries in which our attorneys obtained a $1 million recovery for an injured client.
- Over $935,000 secured for a client who was involved in a jet ski crash with a boat.
- A $900,000 recovery for a client injured in an accident involving a jet ski company.
- A jet ski rental company case in which our client was injured in a crash that resulted in a six-figure settlement amount.
In an ongoing case being handled by Partner Justin B. Shapiro, a woman was injured by her cruise ship’s excursion tour guide. In that case, the woman booked a jet ski tour offered by the cruise ship during which the tour guide crashed into her from behind, causing painful spinal fractures and significant bruising.
For an in-depth look at Leesfield & Partners cases, head to: https://www.leesfield.com/verdicts-settlements.html