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A loophole in Florida law gives drunken drivers an incentive to run if they are in a fatal accident, but as Mike Vasilinda tells us, state lawmakers are closing in on hit and run drivers.

In 2012 there were more than 70 thousand hit and run accidents in Florida. Experts say a vast majority who flee have been drinking and go home to sober up.

“80% of all hit-and-runs are DUI.” said MADD victim advocate Helen Witty. “And that’s huge. We need to stop that.”

Killing someone while driving drunk carries a four year minimum sentence in state prison. But there are no minimum sentences for someone who isn’t drunk. Advocates say the discrepancy is a loophole being user far too often.

“People are able to leave the scene of a crash, go home and metabolize the alcohol, turn themselves in later, and the evidence is gone. There’s no DUI,” said MADD victim advocate Sally Matson.

On average just over three people are killed by a hit and run driver every week here in Florida.

Aaron Cohen was killed riding his bike on a Miami causeway. The driver fled, and later admitted he’d been drinking but prosecutors couldn’t prove he was drunk. The death inspired State Sen. Miquel Diaz-de-la-Portia to file legislation. “I couldn’t believe it. I mean I really couldn’t imagine that the law would create an incentive for people to hit and run,” said Sen. Miquel Diaz-de-la-Portia (R-Miami).

Bicyclist’s and motorcyclist are backing the bill. In addition to a minimum penalty, the legislation defines a vulnerable person as someone who’s not in a car, and ups the penalties by a notch if someone hits them and flees.

The legislation cleared a Senate Committee by a vote of 9-0. It has one more committee stop before it is ready for debate by the full Senate.