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<br />RESOLUTION NO. 2001-.353 <br /> <br />A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF <br />SUNNY ISLES BEACH, FLORIDA, ENDORSING ATTORNEY <br />GENERAL OPINION 01-49, PERMITTING MUNCIPALITIES TO PASS <br />LEGISLA TION REQUIRING HANDS-FREE HEAD SETS FOR THE <br />OPERA TION OF CELLULAR TELEPHONES WHILE DRIVING A <br />MOTORVEHICLE AND DIRECTING THE CITY ATTORNEY TO <br />DRAFT SUCH LEGISLATION WHEN, AND IF, THE STATE AND/OR <br />THE COUNTY OF MIAMI-DADE PASSES SUCH LEGISLATION IN <br />ORDER THAT IT MAYBE ENFORCED PROPERLY; PROVIDING <br />FOR AN EFFECTIVE DATE. <br /> <br />WHEREAS, the Village of Pinecrest requested an opinion from the State of Florida, <br />Office of the Attorney General as to whether a governing body may enact an ordinance requiring <br />hands-free headsets for the operation of cellular telephones while driving a motor vehicle within <br />the municipal boundaries; and <br /> <br />WHEREAS, on July 16, 2001, by Attorney General Opinion 01-49, the Attorney <br />General opined that a municipal ordinance requiring hands-free headsets for the operation of <br />cellular telephones while driving a motor vehicle is permissible; and <br /> <br />WHEREAS, such legislation would otherwise be unenforceable if the State and/or the <br />County does not enact similar legislation provided however, that if either does, the City of Sunny <br />Isles Beach intends to pass its own legislation requiring same; <br /> <br />NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF <br />THE CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS: <br /> <br />Section 1. Endorsement of Attorney General Opinion 01-49. This Commission, in concept, <br />endorses an ordinance requiring hands-free headsets for the operation of cellular telephones <br />being used while driving a motor vehicle within the corporate boundaries of the City of Sunny <br />Isles Beach. <br /> <br />Section 2. Direction to City Attorney. The City Attorney is hereby directed to draft <br />legislation requiring hands-free headsets for the operation of cellular telephones being used while <br />driving a motor vehicle within the City boundaries of the City of Sunny Isles Beach once the <br />State of Florida and/or Miami-Dade County has passed such legislation in order to be able to <br />enforce such an ordinance. <br /> <br />Section 3. <br /> <br />Effective Date. This Resolution becomes effective upon adoption. <br /> <br />Hands-Free Cellular Use Res. <br />LMD:ch <br />Legislation/Resolutions/Attorney <br />Rev.7/25/01 - 3:34 PM <br /> <br />1 <br />