Florida Senate - 2014                                    SB 1078
       
       
        
       By Senator Soto
       
       
       
       
       
       14-00032-14                                           20141078__
    1                        A bill to be entitled                      
    2         An act relating to the use of wireless communications
    3         devices while operating a motor vehicle; creating s.
    4         316.3035, F.S.; defining the term “wireless
    5         communications device”; providing a criminal penalty
    6         if a person operating a motor vehicle while using a
    7         wireless communications device causes the death of a
    8         human being or a viable fetus; providing an effective
    9         date.
   10          
   11  Be It Enacted by the Legislature of the State of Florida:
   12  
   13         Section 1. Section 316.3035, Florida Statutes, is created
   14  to read:
   15         316.3035Death caused by motor vehicle operator using a
   16  wireless communications device; criminal penalty.—
   17         (1) As used in this section, the term “wireless
   18  communications device” has the same meaning as provided in s.
   19  316.305.
   20         (2)A person who causes the death of a human being or a
   21  viable fetus as provided in s. 782.071 while operating a motor
   22  vehicle and using a wireless communications device in violation
   23  of s. 316.305 commits:
   24         (a) A felony of the second degree, punishable as provided
   25  in s. 775.082, s. 775.083, or s. 775.084; or
   26         (b) A felony of the first degree, punishable as provided in
   27  s. 775.082, s. 775.083, or s. 775.084, if:
   28         1. At the time of the accident, the person knew, or should
   29  have known, that the accident occurred; and
   30         2. The person failed to give information and render aid as
   31  required by s. 316.062.
   32         Section 2. This act shall take effect July 1, 2014.