Miami-Dade Legislative Item
File Number: 082993
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File Number: 082993 File Type: Resolution Status: Adopted
Version: 0 Reference: R-1390-08 Control: Board of County Commissioners
File Name: CELLULAR PHONE USAGE IN SCHOOL ZONES Introduced: 10/17/2008
Requester: NONE Cost: Final Action: 12/2/2008
Agenda Date: 12/2/2008 Agenda Item Number: 11A26
Notes: Title: RESOLUTION URGING THE FLORIDA LEGISLATURE TO PROHIBIT TALKING, TEXT MESSAGING OR OTHERWISE USING WIRELESS COMMUNICATION DEVICES, INCLUDING CELLULAR TELEPHONES AND PERSONAL DIGITAL ASSISTANTS, WHILE DRIVING IN A SCHOOL ZONE AT TIMES WHEN REDUCED SPEEDS ARE IN EFFECT
Indexes: CELLULAR PHONES
Sponsors: Dennis C. Moss, Prime Sponsor
  Sally A. Heyman, Co-Sponsor
  Barbara J. Jordan, Co-Sponsor
  Rebeca Sosa, Co-Sponsor
  Carlos A. Gimenez, Co-Sponsor
Sunset Provision: No Effective Date: Expiration Date:
Registered Lobbyist: None Listed


Legislative History

Acting Body Date Agenda Item Action Sent To Due Date Returned Pass/Fail

Board of County Commissioners 12/2/2008 11A26 Adopted P
REPORT: Commissioner Martinez expressed concern that the initiative could lead to profiling since the language did not stipulate whether the language contained in this resolution pertained to the first, second, or other offense. He also noted cellular phones could be confiscated as evidence to settle a dispute of whether a driver was texting, which would deprive that person of an emergency contact device.

Budget and Finance Committee 11/4/2008 2H Forwarded to BCC with a favorable recommendation P

County Attorney 10/17/2008 Referred Budget and Finance Committee 11/4/2008

County Attorney 10/17/2008 Assigned Jess M. McCarty 10/17/2008

Legislative Text


TITLE
RESOLUTION URGING THE FLORIDA LEGISLATURE TO PROHIBIT TALKING, TEXT MESSAGING OR OTHERWISE USING WIRELESS COMMUNICATION DEVICES, INCLUDING CELLULAR TELEPHONES AND PERSONAL DIGITAL ASSISTANTS, WHILE DRIVING IN A SCHOOL ZONE AT TIMES WHEN REDUCED SPEEDS ARE IN EFFECT

BODY
WHEREAS, in 2001, Miami-Dade County became the first county in the State of Florida to pass an ordinance restricting the use of cellular telephones while driving; and
WHEREAS, the following year, the Florida Legislature preempted the Miami-Dade ordinance, along with all local government regulation of cellular telephones and other wireless communication devices while driving; and
WHEREAS, as of May, 2007, over 236 million people in the U.S. had wireless communication devices, such as cellular telephones and Blackberries, Treos and other personal digital assistants (PDAs), compared with less than 5 million in 1990, according to the Cellular Telecommunications & Internet Association; and
WHEREAS, increased use of cellular telephones and PDAs has led to a substantial rise in the number of people who use these devices while driving; and
WHEREAS, dangers associated with using cellular telephones and PDAs while driving are two fold:
1. Drivers may become so absorbed in their cellular telephone conversations that their ability to concentrate on driving is impaired; and
2. Drivers may take their eyes off the road while dialing, text messaging and typing, sending or reading emails; and
WHEREAS, these dangers have the potential to jeopardize the safety of vehicle occupants, other drivers, and pedestrians; and
WHEREAS, such dangers are particularly present in school zones when children are likely to be present; and
WHEREAS, during the 2008 state legislative session, Senator Larcenia Bullard filed S.B. 680, which would have prohibited a person driving in a school zone from operating a cellular telephone, but this bill did not pass,
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA, that this Board:
Section 1. Urges the Florida Legislature to prohibit talking, text messaging or otherwise using wireless communication devices, including cellular telephones and personal digital assistants, while driving in a school zone at times when reduced speeds are in effect.
Section 2. Directs the Clerk of the Board to transmit a certified copy of this resolution to the Governor, Senate President, House Speaker, and the Chair and Members of the Miami-Dade County State Legislative Delegation.
Section 3. Directs the County's state lobbyists to advocate for the passage of the legislation set forth in Section 1 above, and directs the Office of Intergovernmental Affairs to include this item in the 2009 State Legislative Package.



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