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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 UNLESS OPERATED WITH A HEADSET OR HANDS-FREE DEVICE

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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, bills have been filed for consideration during the 2009 state legislative session that would prohibit all persons from talking, text messaging or otherwise using wireless communication devices while driving except when using a headset or hands-free device, including SB 172 by Senator Frederica Wilson and HB 345 by Representative Yolly Roberson, both of the Miami-Dade State Legislative Delegation, and HB 377 by Representative Doug Holder (R � Sarasota); and
WHEREAS, bills also have been filed for consideration during the 2009 state legislative session that would prohibit persons under the age of 18 from using telecommunications devices while driving, SB 212 by Senator Carey Baker (R � Eustis) and HB 261 by Representative John Legg (R � Port Richey); and
WHEREAS, a bill also has been filed that would prohibit school bus drivers from using telecommunications devices while driving school buses, including HB 473 by Representative Alan Williams (D � Tallahassee),
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 all persons from talking, text messaging or otherwise using wireless communication devices, including cellular telephones and personal digital assistants, while driving except when using a headset or hands-free device, or alternatively, prohibit drivers under the age of 18 and/or school bus drivers from using telecommunications devices while driving.
Section 2. Urges the Florida Legislature to pass SB 172, SB 212, HB 261, HB 345, HB 377, HB 473 or similar legislation.
Section 3. Directs the Clerk of the Board to transmit a certified copy of this resolution to the Governor, Senate President, House Speaker, the Chair and Members of the Miami-Dade County State Legislative Delegation, Senator Carey Baker, Representative Doug Holder, Representative John Legg, and Representative Alan Williams.
Section 4. Directs the County's state lobbyists to advocate for the passage of the legislation set forth in Sections 1 and 2 above, and directs the Office of Intergovernmental Affairs to include this item in the 2009 State Legislative Package.