Miami-Dade
Legislative Item File Number: 082993 |
Printable PDF Format Clerk's Official Copy |
File Number: 082993 | File Type: Resolution | Status: Adopted | ||||||||||||||
Version: 0 | Reference: R-1390-08 | Control: Board of County Commissioners | ||||||||||||||
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Requester: NONE | Cost: | Final Action: 12/2/2008 | ||||||||||||||
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Sunset Provision: No | Effective Date: | Expiration Date: |
Registered Lobbyist: | None Listed |
Legislative History |
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Acting Body | Date | Agenda Item | Action | Sent To | Due Date | Returned | Pass/Fail |
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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. | ||||||
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Budget and Finance Committee | 11/4/2008 | 2H | Forwarded to BCC with a favorable recommendation | P | |||
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County Attorney | 10/17/2008 | Referred | Budget and Finance Committee | 11/4/2008 | |||
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County Attorney | 10/17/2008 | Assigned | Jess M. McCarty | 10/17/2008 | |||
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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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