HomeMy WebLinkAboutR-2017-099 Supports a Bill in the 2018 Florida Legislature to Make Texting While Driving a Primary Offense under Florida Law RESOLUTION NO. 2017-099
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA
BEACH, FLORIDA, SUPPORTING A BILL IN THE 2018 FLORIDA
LEGISLATURE TO MAKE TEXTING WHILE DRIVING A PRIMARY OFFENSE
UNDER FLORIDA LAW; PROVIDING FOR CONFLICTS; FURTHER,
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Florida Statutes, Section 316.305, Wireless communications devices;
prohibition, is cited as the "Florida Ban on Texting While Driving Law" (the "Law"); and
WHEREAS,the Law currently provides that enforcement by state and local law enforcement
agencies must be accomplished only as a secondary action when an operator of a motor vehicle has
been detained for suspected violation of another provision of Chapter 316,Chapter 320,or Chapter
322, Florida Statutes; and
WHEREAS,texting while driving is particularly dangerous because it involves cognitive,
visual and manual distraction, facilitating the greatest crash risk of all forms of distracted driving;
and
WHEREAS,currently texting while driving only carries a$30.00 fine as a traffic infraction;
and
WHEREAS, forty-six states consider texting while driving a primary offense,meaning an
operator may be detained solely for the reason of texting while driving; and
WHEREAS, Florida is only one of four states that considers texting while driving a
secondary offense; and
WHEREAS, statistics gathered by the National Safety Council and the National Highway
Traffic Safety Administration find that:
• Approximately ten people are killed every day in the United States by distracted
drivers;
• One in four motor vehicle crashes involve drivers talking and texting on cell phones;
• Drivers increase their chances of crashing fourfold when using cell phones while
driving;
• There are over 390,000 people injured annually in accidents and attributed to
distracted drivers; and
WHEREAS, the City Commission finds it in the best interests of the residents of the City
and all Floridians that enforcement by state or local law enforcement agencies be accomplished when
an operator of a motor vehicle may be detained for the sole reason of texting while driving for the
protection of the operator, motorists,pedestrians, and bicyclists.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DANIA BEACH, FLORIDA:
Section 1. The foregoing"Whereas"clauses are ratified and confirmed as being true and
correct, and they are made a specific part of and incorporated into this Resolution by this reference.
Section 2. The City Commission urges the 2018 Florida Legislature to enact a bill that
substantially amends Section 316.305 of the Florida Statutes, to make texting while driving
enforceable as a primary offense.
Section 3. The City Clerk is directed to send a copy of the Resolution to each
municipality in Broward County,the Broward County Board of County Commissioners,the Broward
League of Cities,the Broward Legislative Delegation,the Florida League of Cities,the Speaker of
the House of Representatives, the President of the Florida Senate, and the Governor of Florida.
Section 4. The appropriate City officials are authorized to execute all necessary
documents and to take any necessary action to effectuate the intent of this Resolution.
Section 5. This Resolution shall be in force and take effect immediately upon passage
and adoption.
PASSED AND ADOPTED on September 12, 2017.
ATTEST; `s Fr�r���y
LOUISE STILSON, CMC , TAMARA J ES
CITY CLERK MAYOR
ATEp 1
APPROVED AST F AND CORRECTNESS
THOMAS J. AN RO
CITY ATTORNEY
2 RESOLUTION#2017-099