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.