Florida Bill Would Have Mandated Drunk Drivers Who Kill Parents To Pay Child Support

Florida is strict when it comes to drunk driving. There are harsh penalties in place for those who cause serious or fatal accidents. One bill would have even ordered drunk drivers who kill those with minor children to pay child support to the surviving parent.

The bill, titled HB 79: Child Maintenance Restitution, would have ordered the defendant to pay restitution in the form of child support to the surviving parent or guardian of a minor. It would have also provided for the collection, disbursement, and enforcement of child support as well as provides civil penalties and allow the court to modify any order. The bill would have protected an employee from discharge or disciplinary action for such an income deduction order.

The intent of the bill was to not only address the financial void left by the loss of a parent but also add a layer of accountability for those convicted of a DUI causing fatality. However, the bill was short-lived. On March 8, 2024, the bill, which went to the House for approval, died in the Civil Justice Subcommittee. Had the bill survived, it would have gone into effect July 1, 2024, and provide for child support payments post-incarceration.

Background

Florida has battled with drunk driving for decades. The state witnesses thousands of DUI incidents, leading to numerous fatalities and injuries. These alarming statistics show a need for stricter penalties, and the bill was a way to address this pervasive issue. Families left in the wake of these tragedies face emotional devastation as well as financial hardships, especially when the victim was a primary breadwinner. Any compensation is often limited to criminal penalties that do not benefit the children left behind.

Stricter penalties, increased public awareness campaigns, and enhanced law enforcement tactics have not significantly helped with preventing DUIs and holding those convicted of them accountable for their actions. The persistent rate of DUI-related fatalities indicates a need for more targeted interventions and this bill would have helped.

For the children and families who would have benefited from this support, the bill aimed to provide financial relief as well as a sense of justice. It would have offered financial stability, offering a more secure foundation for affected children.

But of course, this bill was likely too controversial to move forward. There were concerns about its enforceability and fairness. While the intention behind the bill is commendable, critics argue its implementation may present hurdles. How will financial obligations be enforced? What if the offender lacks the financial resources to pay child support? This would likely be an undue burden on those already facing significant legal penalties.

Seek Help for Your Criminal Defense Case

DUIs are serious crimes that sometimes harm other people. Because of this, they are treated seriously in Florida and other states.

If you have been arrested for a DUI in Florida, you need someone to start working on your case right away. The Dade City & Zephyrhills DUI defense attorneys from Madonna Law Group can argue your case at a formal review hearing and defend you from your charges. Schedule a consultation today by filling out the online form or calling (800) 557-0411.

Source:

flsenate.gov/Session/Bill/2024/79#:~:text=Child%20Maintenance%20Restitution%3B%20Authorizes%20court,discharging%2C%20refusing%20to%20employ%2C%20or