Bill Proposes Child Support if a Drunk Driver Kills a Child’s Parent

A piece of legislation introduced in the Florida legislature would require convicted drunk drivers to pay child support if they kill an underage child’s parent or guardian in a drunk driving accident.

The bill filed by Florida state  Rep. Carolina Amesty of Orlando is modeled after similar laws adopted in Missouri, Tennessee, Kentucky, and Texas, Rep.Amesty told WTVF 9 in Orlando. She filed the bill in September, and state Sen. Danny Burgess of Tampa has since filed a companion bill in the Senate. The legislature convenes in January.

As the law stands now, Florida courts can order convicted offenders to pay restitution to their victims for the damage or loss they caused. Generally, restitution is ordered to pay for an injured crime victim’s medical bills and, in some cases, lost income.

Florida law also allows people who have been injured by drunk driving accidents to sue for additional compensation, such as for their pain and suffering.

What HB 79, Child Maintenance Restitution, Would Require After Fatal DUIs

House Bill 79 and its companion Senate Bill 116 would authorize Florida courts to order motorists convicted of drunken driving that led to a fatal accident to pay child support for a child whose parent or guardian was killed in the accident.

The defendant would pay restitution to the surviving parent or guardian of the minor child until the child turns 18 years old. A defendant who was imprisoned would have up to one year after their release to begin making payments. The court would file a separate order for income deduction, authorizing employers to deduct restitution payments directly from the defendant’s paycheck.

The court would set the amount of the periodic payments based on several factors, including:

• The standard of living to which the child is accustomed.
• The financial needs and resources of the surviving parent or guardian of the child.
• The reasonable work-related childcare expenses of the surviving parent or guardian.

If the surviving parent or guardian were to bring a wrongful death lawsuit against the defendant, the child support restitution order would be reduced according to the amount of compensation they were awarded. If the surviving parent or guardian obtained a judgment before the court sentenced the defendant, child support could not be ordered.

If adopted and signed into law, the new requirements would take effect on July 1, 2024.

Orlando Drunk Driving Accident Inspires DUI Child Support Bill

Rep. Amesty told WFTV 9 she was inspired to introduce the proposal to require drivers convicted in fatal DUI accident cases to pay child support after hearing about such an accident in Orlando and learning that other states have adopted similar laws.

In July, Shane Lloyd, 50, and his 19-year-old son, Jakob, were killed in a crash when 40-year-old Leslie Gehret ran a red light at Lake Underhill Road and Rouse Road in Orlando. The Lloyds, who lived in Windsor, Colorado, were visiting Orlando for Jakob’s college orientation at the University of Central Florida. The site of the crash is about 5 miles from the UCF campus.

Gehret has been charged with two counts of homicide, two counts of manslaughter, driving with a suspended license, and DUI.

Gehret’s arrest for the fatal accident in July was her third time being charged with DUI in the past ten years, police told News 6 ClickOrlando.com. Two prior cases include a DUI charge in New York and another in Orlando in July 2022. In the Florida DUI case, she pleaded no contest, and as part of that plea deal, her license was revoked for six months in February.

Gehret also previously faced deportation in a dropped child abuse case.

States Are Adopting Child Support Requirements in Fatal DUI Accidents

The proposal to hold a convicted drunk driver who kills the parent of a child financially accountable and require them to pay child support originated in Missouri. In April 2021, Bentley Williams’ father and his fiancé — Cordell Shawn Michael Williams and Lacey Newton — and their 4-month-old son, Cordell Shawn Michael Williams II, were killed after their vehicle was rear-ended and slammed into a tree on April 13, 2021. David Goss Thurby was charged with three counts of DWI, causing the death of two or more people after the accident.

Cecilia Williams, Bentley’s grandmother, worked with Missouri legislators to draw up legislation and began promoting it with the help of Mothers Against Drunk Drivers (MADD). Williams is raising Bentley and three other grandchildren, according to KSAT 12 in Texas, where Bentley’s Law took effect in September.

Tennessee became the first state to actually adopt the law, known as Ethan’s, Hailey’s, and Bentley’s Law, in July 2022. Kentucky, Louisiana, and Texas followed. Versions of Bentley’s Law have been introduced in at least 25 states.

Contact Our Palm Coast Car Accident Attorneys

If you have been injured or lost a loved one in an alcohol-related crash in Florida, you may have legal recourse against the drunk driver who caused the accident. You may seek compensation for your medical bills, lost wages, pain and suffering, and other losses. After a fatal DUI accident, you may be entitled to pursue a wrongful death lawsuit against the drunk driver.

An experienced Palm Coast DUI car accident attorney at Chiumento Law, PLLC, will help you seek compensation if a drunk driver’s negligent behavior has turned your life upside down. Our Palm Coast car accident lawyers have successfully represented car accident victims and their families for more than 40 years in Flagler and Volusia County – including Daytona Beach.

Contact Chiumento Law now. If we don’t win your case, we won’t charge you for our services. Call us at (386) 445-8900 or contact us using our online form to arrange a free initial consultation with an experienced Palm Coast car accident lawyer.