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: 15 316.3035 Death 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.