Florida Senate - 2013                                     SB 708
       
       
       
       By Senator Soto
       
       
       
       
       14-00705-13                                            2013708__
    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 exceptions to the
    6         applicability of the act; providing that a person who
    7         causes the death of another person while operating a
    8         motor vehicle and using a wireless communications
    9         device commits vehicular homicide; providing
   10         penalties; providing an effective date.
   11  
   12  Be It Enacted by the Legislature of the State of Florida:
   13  
   14         Section 1. Section 316.3035, Florida Statutes, is created
   15  to read:
   16         316.3035 Death caused by motor vehicle operator using
   17  wireless communications devices; vehicular homicide.—
   18         (1) As used in this section, the term “wireless
   19  communications device” means any device that is designed or
   20  intended to receive or transmit text or character-based
   21  messages, to access or store data, or to connect to the Internet
   22  or any communications service as defined in s. 812.15 which
   23  allows text communications.
   24         (2) This section does not apply to a person using a
   25  wireless communications device for emergency purposes,
   26  including, but not limited to, an emergency call to a law
   27  enforcement agency, health care provider, fire department, or
   28  other emergency services agency or entity.
   29         (3) A person who causes the death of a person while
   30  operating a motor vehicle and using a wireless communications
   31  device to send or receive text messages commits vehicular
   32  homicide, as defined in s. 782.071.
   33         Section 2. This act shall take effect July 1, 2013.