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.