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HomeMy WebLinkAboutReso 2018-2850 RESOLUTION NO. 2018- V110 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, URGING THE FLORIDA LEGISLATURE TO ENACT HANDS-FREE CELL PHONE LEGISLATION TO PREVENT DISTRACTED DRIVING IN FLORIDA; DIRECTING THE CITY CLERK TO DISTRIBUTE COPIES OF THIS RESOLUTION; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, distracted driving has become a pressing concern for the general public; and WHEREAS, hand held cell phone use is a form of distracted driving; and WHEREAS, the National Highway Traffic Safety Administration (the "NHTSA") reported an estimated total of 391,000 injured in motor vehicles crashes involving distracted drivers in 2015; and WHEREAS, many states now have laws against the use of cellular phones and text messaging while behind the wheel of a motor vehicle; and WHEREAS, in 2013,the Florida Legislature enacted a law to prevent texting while driving by making such violation a secondary offense under Florida law; and WHEREAS, Florida does not enforce texting while driving as a primary offense, but instead as a secondary offense; and WHEREAS, a secondary offense is an offense for which a law enforcement officer can issue a ticket only if a driver has been pulled over for committing another traffic violation; and WHEREAS, the Florida Legislature has considered bills that would make texting while driving a primary offense, however, to date, such bills have not been passed; WHEREAS, the City Commission of the City of Sunny Isles Beach wishes to adopt this Resolution urging support of hands-free cell phone legislation that would encourage drivers to use hands-free cell phone devices to prevent distracted driving. NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS: Section 1. Recitals. The foregoing Whereas paragraphs are hereby ratified and confirmed as being true, and the same are hereby made a specific part of this Resolution. Resolution Supporting Florida Bands-Free Legislation Page 1 of 2 Section 2. Urging the Adoption of Hands-Free Cell Phone Legislation. The City Commission hereby urges the Florida Legislature to enact hands-free cell phone legislation that would require drivers to use hands-free cell phone devices while operating a vehicle. Section 3. Directions to City Clerk. the City Commission hereby directs the City Clerk to transmit a certified copy of this Resolution to the Governor of Florida, President to the Florida Senate, Speaker of the Florida House of Representatives, Senator Daphne Campbell, Representative Joseph Geller; Representative Emily Slosberg, Representative Jackie Toledo, City lobbyist Ron Book and the Miami-Dade County State Legislative Delegation. Section 4. Effective Date. This Resolution shall become effective upon adoption. PASSED AND ADOPTED this (qday of July, 2018. George . Scholl, Mayor ATTE'.,• I i li 'eV „" , . Maurici. Betane, r, CMC, City Clerk APPROVED i S 0 FORM AND t •'/Ai FICIENCY: Lei rt ti -a Ottinot, ity Attorney Moved by: V t ed‘ • Allot Seconded by: CAL,NIt SSAOt.1 I- A et.-to 4 Vote: Mayor Scholl d (Yes) (No) Vice Mayor Goldman (Yes) (No) Commissioner Aelion (Yes) (No) Commissioner Gatto — (Yes) (No) Commissioner Svechin (Yes) (No) Resolution Supporting Florida Hands-Free Legislation Page 2 of 2 City Commission SJp1NY ts� Cityof SunnyIsles Beach « Fs George Bud' Scholl,Mayor F 18070 Collins Avenue, Suite 250 Dana Goldman,Vice Mayor Isaac Aelion,Commissioner t i" _ I Sunny Isles Beach, Florida 33160 Jeanette Gatto,Commissioner * * (305)947-0606 City Hall Larisa Svechin,Commissioner �« * (305)949-3113 Fax .. �9 P Christopher J.Russo,City Manager y� 9)* FLOF�O Ste: (305)947-2150 Building Department (../1.'" �r �� (305)947-5107 Fax Hans Ottinot,City Attorney For sus P NIauricio Betancur,CMC,City Clerk MEMORANDUM TO: The Honorable Mayor and City Commission FROM: Larisa Svechin, Commissioner DATE: July 19, 2018 RE: Resolution Supporting Hands-Free Cellphone Legislature RECOMMENDATION: This Resolution is presented for your consideration and approval. REASONS: It is well-known that distracted driving is dangerous. Indeed, distracted driving has taken the lives of more than 3,000 Americans each year according to the National Highway Traffic Safety Administration. Distracted drivers has caused 394,000 accidents with injuries based on report prepared by the Traffic Safety Administration. To prevent deaths or injuries due to distracted driving, numerous states have imposed an outright ban on texting while driving. Additionally, some states, like Georgia and Rhode Island, have adopted laws which require drivers to use hands free cell phone devices while driving and prohibiting drivers from using their hand or other parts of their body to operate a cell phone. While the State of Florida adopted a so called ban on texting while driving in 2013, the ban is not effective because any violation of the ban is treated as a secondary offense instead of a primary offense. For example, a driver cannot be ticketed for texting while driving unless he or she commits a speeding violation or another primary offense. Representatives Emily Slosberg and Jackie Toledo of the Florida Legislature intends to propose legislation during the upcoming legislative session to require hands-free cell phone devices while operating a vehicle. As such, I am asking my colleagues on the City Commission to adopt this Resolution urging the Florida Legislature to enact hands-free cell phone legislation to prevent distracted driving. With continued grass-roots efforts, I certainly believe the Florida Legislature will tackle the issue of distracted driving.