Miami-Dade Legislative Item
File Number: 102214
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File Number: 102214 File Type: Resolution Status: Adopted
Version: 0 Reference: R-950-10 Control: Board of County Commissioners
File Name: URGING - PROHIBIT TALKING & TEXTING WHILE DRIVING Introduced: 9/9/2010
Requester: NONE Cost: Final Action: 9/21/2010
Agenda Date: 9/21/2010 Agenda Item Number: 11A1
Notes: Title: RESOLUTION URGING THE FLORIDA LEGISLATURE TO PROHIBIT TALKING, TEXTING OR OTHERWISE USING MOBILE PHONES AND OTHER WIRELESS COMMUNICATION DEVICES WHILE DRIVING UNLESS OPERATED WITH A HANDS-FREE DEVICE
Indexes: LEGISLATURE
  URGING
Sponsors: Joe A. Martinez, Prime Sponsor
  Sally A. Heyman, Co-Sponsor
  Rebeca Sosa, Co-Sponsor
  Katy Sorenson, 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 9/21/2010 11A1 Adopted P

County Attorney 9/9/2010 Assigned Jess M. McCarty 9/9/2010

Legislative Text


TITLE
RESOLUTION URGING THE FLORIDA LEGISLATURE TO PROHIBIT TALKING, TEXTING OR OTHERWISE USING MOBILE PHONES AND OTHER WIRELESS COMMUNICATION DEVICES WHILE DRIVING UNLESS OPERATED WITH A HANDS-FREE DEVICE

BODY
WHEREAS, in the fall of 2001, Miami-Dade County became the first county in the State of Florida to pass an ordinance restricting the use of mobile phones while driving; and
WHEREAS, shortly thereafter in the spring of 2002, the Florida Legislature preempted the Miami-Dade ordinance, along with all local government regulation of mobile phones and other wireless communication devices (collectively “mobile phones”) while driving; and
WHEREAS, it is estimated that over 234 million people in the U.S. currently use mobile phones, compared with less than 5 million in 1990; and
WHEREAS, increased use of mobile phones has led to a substantial rise in the number of people who use these devices while driving; and
WHEREAS, dangers associated with using mobile phones while driving are two fold:
1. Drivers may become so absorbed in their mobile phone conversations that their ability to concentrate on driving is impaired; and
2. Drivers may take their eyes off the road while dialing, texting and reading or writing emails; and
WHEREAS, these dangers have the potential to jeopardize the safety of vehicle occupants, other drivers and pedestrians; and
WHEREAS, a 2003 study at the University of Utah concluded that drivers talking on mobile phones exhibited greater impairment than drivers that were intoxicated; and
WHEREAS, eight states and the District of Columbia currently prohibit the use of mobile phones while driving unless a hands free device is used; and
WHEREAS, texting while driving is generally considered to be even more dangerous than talking on a mobile phone while driving; and
WHEREAS, 30 states and the District of Columbia currently ban texting while driving, with 11 of the 30 states passing bans on texting while driving in 2010; and
WHEREAS, Florida is one of only six states that has preempted local governments from regulating talking and texting while driving while at the same time imposing no statewide regulation of talking on mobile phones or texting while driving; and
WHEREAS, bills have been filed in the Florida Legislature each year over the past decade that would ban talking or texting or both while driving, but none of these bills have passed; and
WHEREAS, 18 separate bills were filed for consideration during the 2010 state legislative session that took various approaches to prohibiting persons from talking, texting or otherwise using wireless communication devices while driving except when using a hands-free device, but none of these bills passed; and
WHEREAS, Florida should join the other 30 states that ban texting while driving and the other eight state that ban talking on mobile phones while driving unless a hands free device is used,
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, texting or otherwise using mobile phones and other wireless communication devices while driving except when using a hands-free device.
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 that the 2011 State Legislative Package be amended to include this item.



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