Too many drunk drivers are leaving the scene of an accident to avoid jail time, according to the office of Florida Attorney General Pam Bondi.

Some think there's a flaw in the law. Now they are working to change things.

Polly Joy's son, Dennis Greenhaw Jr., was killed in September of 2012.

"The reality sinks in that he is not there, that he won't be there anymore because of a senseless act," Joy said.

The 31-year-old father of two was riding his bike home after a night of work when he was struck and left for dead on the side of West Orange Blossom Trail in Zellwood.

"My son might have lived if he had gotten medical attention," said Joy.

In fact, Florida highway Patrol leaders said hit and runs are a growing problem. In Central Florida they said they investigate about 20 to 25 cases per day. That's compared to five years ago when the average was 10 per day.

They said many drivers are leaving the scene especially if they are looking at possible jail time.

"Right now, as the law stands, the people have an incentive, or no disincentive to leave the scene of an accident," said Florida Rep. Bryan Nelson, R-District 31.

Right now if you drive drunk and hit and kill someone, you'll get a minimum of four years in jail.

If you flee the scene and law enforcement can't prove you were drunk, troopers said there is no minimum sentence.

Under the new bill, offenders would get four years minimum for leaving the scene of an accident if you kill or seriously harm someone. You would lose your license for three years and need to take a driving class to get it back.

Joy said she supports the new bill.

"We didn't know that there were unintended consequences about the laws that were on the books. It's our obligation to fix them," said Nelson.

But News 13's legal analyst Mark Nejame said he's not in favor of the bill.  

"Judges should have the ability to render a sentence," NeJame said. "That is why we have judges and I think that mandatory minimum laws are created by politicians looking to get votes in their district because it sounds like they are getting tough on crime."

But as the issue is debated this family still mourns and now they have a simple message for every driver.

"It has devastated our family," Joy said. "Just stop and do the right thing. "

According to Florida Highway Patrol – three out of every five fatalities in 2012 were pedestrians struck in hit-and run crashes.