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HB 1549 2026
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hb1549-00
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
A bill to be entitled 1
An act relating to penalties for driving under the 2
influence; providing a short title; amending s. 3
316.193, F.S.; increasing penalties for driving under 4
the influence; amending s. 322.28, F.S.; increasing 5
driver license or driving privilege revocation periods 6
for driving under the influence; amending s. 322.271, 7
F.S.; conforming provisions to changes made by the 8
act; providing an effective date. 9
10
Be It Enacted by the Legislature of the State of Florida: 11
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Section 1. This act may be cited as "Michael's Law." 13
Section 2. Paragraph (a) of subsection (2) of section 14
316.193, Florida Statutes, is amended to read: 15
316.193 Driving under the influence; penalties.— 16
(2)(a) Except as provided in paragraph (b), subsection 17
(3), or subsection (4), any person who is convicted of a 18
violation of subsection (1) shall be punished: 19
1. By a fine of: 20
a. Not less than $1,000 $500 or more than $2,000 $1,000 21
for a first conviction. 22
b. Not less than $2,000 $1,000 or more than $3,000 $2,000 23
for a second conviction; and 24
2. By imprisonment for: 25
HB 1549 2026
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
a. Not more than 9 6 months for a first conviction. 26
b. Not more than 12 9 months for a second conviction. 27
3. For a second conviction, by mandatory placement for a 28
period of at least 1 year, at the convicted person's sole 29
expense, of an ignition interlock device approved by the 30
department in accordance with s. 316.1938 upon all vehicles that 31
are individually or jointly leased or owned and routinely 32
operated by the convicted person, when the convicted person 33
qualifies for a permanent or restricted license. 34
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The portion of a fine imposed in excess of $1,000 $500 pursuant 36
to sub-subparagraph 1.a. and the portion of a fine imposed in 37
excess of $2,000 $1,000 pursuant to sub-subparagraph 1.b., shall 38
be remitted by the clerk to the Department of Revenue for 39
deposit into the General Revenue Fund. 40
Section 3. Paragraph (a) of subsection (2) and paragraph 41
(a) of subsection (4) of section 322.28, Florida Statutes, are 42
amended to read: 43
322.28 Period of suspension or revocation.— 44
(2) In a prosecution for a violation of s. 316.193 or 45
former s. 316.1931, the following provisions apply: 46
(a) Upon conviction of the driver, the court, along with 47
imposing sentence, shall revoke the driver license or driving 48
privilege of the person so convicted, effective on the date of 49
conviction, and shall prescribe the period of such revocation in 50
HB 1549 2026
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
accordance with the following provisions: 51
1. Upon a first conviction for a violation of the 52
provisions of s. 316.193, except a violation resulting in death, 53
the driver license or driving privilege shall be revoked for at 54
least 3 years 180 days but not more than 5 years 1 year. 55
2. Upon a second conviction for an offense that occurs 56
within a period of 5 years after the date of a prior conviction 57
for a violation of the provisions of s. 316.193 or former s. 58
316.1931 or a combination of such sections, the driver license 59
or driving privilege shall be revoked for at least 7 5 years. 60
3. Upon a third conviction for an offense that occurs 61
within a period of 10 years after the date of a prior conviction 62
for the violation of the provisions of s. 316.193 or former s. 63
316.1931 or a combination of such sections, the driver license 64
or driving privilege shall be revoked for at least 10 years. 65
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For the purposes of this paragraph, a previous conviction 67
outside this state for driving under the influence, driving 68
while intoxicated, driving with an unlawful blood-alcohol level, 69
or any other alcohol-related or drug-related traffic offense 70
similar to the offense of driving under the influence as 71
proscribed by s. 316.193 will be considered a previous 72
conviction for violation of s. 316.193, and a conviction for 73
violation of former s. 316.028, former s. 316.1931, or former s. 74
860.01 is considered a conviction for violation of s. 316.193. 75
HB 1549 2026
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
(4)(a) Upon a conviction for a violation of s. 76
316.193(3)(c)2., involving serious bodily injury, a conviction 77
of manslaughter resulting from the operation of a motor vehicle, 78
or a conviction of vehicular homicide, the court shall revoke 79
the driver license of the person convicted for a minimum period 80
of 5 3 years. If a conviction under s. 316.193(3)(c)2., 81
involving serious bodily injury, is also a subsequent conviction 82
as described under paragraph (2)(a), the court shall revoke the 83
driver license or driving privilege of the person convicted for 84
the period applicable as provided in paragraph (2)(a) or 85
paragraph (2)(d). 86
Section 4. Paragraph (c) of subsection (2) of section 87
322.271, Florida Statutes, is amended to read: 88
322.271 Authority to modify revocation, cancellation, or 89
suspension order.— 90
(2) At such hearing, the person whose license has been 91
suspended, canceled, or revoked may show that such suspension, 92
cancellation, or revocation causes a serious hardship and 93
precludes the person from carrying out his or her normal 94
business occupation, trade, or employment and that the use of 95
the person's license in the normal course of his or her business 96
is necessary to the proper support of the person or his or her 97
family. 98
(c) A person whose license has been revoked for a period 99
of 7 5 years or less pursuant to s. 322.28(2)(a) may, 12 months 100
HB 1549 2026
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
after the date the revocation was imposed, petition the 101
department for reinstatement of his or her driving privilege on 102
a restricted basis. A person whose license has been revoked for 103
more than 7 5 years under s. 322.28(2)(a) may, 24 months after 104
the date the revocation was imposed, petition the department for 105
reinstatement of his or her driving privilege on a restricted 106
basis. Reinstatement under this subsection is restricted to 107
business or employment purposes only. In addition, the 108
department shall require such persons upon reinstatement to have 109
not driven and to have been drug free for at least 12 months 110
immediately before the reinstatement, to be supervised by a DUI 111
program licensed by the department, and to report to the program 112
at least three times a year as required by the program for the 113
duration of the revocation period for supervision. Such 114
supervision includes evaluation, education, referral into 115
treatment, and other activities required by the department. Such 116
persons shall assume reasonable costs of supervision. If the 117
person fails to comply with the required supervision, the 118
program shall report the failure to the department, and the 119
department shall cancel the person's driving privilege. This 120
paragraph does not apply to any person whose driving privilege 121
has been permanently revoked. 122
Section 5. This act shall take effect October 1, 2026. 123