Florida Senate - 2015                                     SB 270
       
       
        
       By Senator Soto
       
       
       
       
       
       14-00030A-15                                           2015270__
    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         316.3051, 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 an unborn child; providing an effective
    9         date.
   10          
   11  Be It Enacted by the Legislature of the State of Florida:
   12  
   13         Section 1. Section 316.3051, Florida Statutes, is created
   14  to read:
   15         316.3051 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 an
   21  unborn child 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 third degree, punishable as provided in
   25  s. 775.082, s. 775.083, or s. 775.084; or
   26         (b) A felony of the second degree, punishable as provided
   27  in 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, 2015.