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2012-R-30 RESOLUTION NO. 2012-R-30 A RESOLUTION OF THE CITY OF EDGEWATER, FLORIDA, URGING AND ENCOURAGING THE FLORIDA STATE LEGISLATURE TO ENACT LEGISLATION BANNING TEXTING WHILE DRIVING; DIRECTING THE CITY CLERK TO TRANSMIT TO VARIOUS AGENCIES; REPEALING RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY AND APPLICABILITY AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, there have been various studies done in recent years that have shown the dangers of texting while driving, and; WHEREAS, based on the Distraction.gov website, the official US Government website for distracted driving,sending or receiving a text takes a driver's eyes from the road for an average of 4.6 seconds, the equivalent, at 55 mph, of driving the length of an entire football field, blind; and WHEREAS, Florida has more accidents, deaths and injuries due to crashes than the national average with State numbers show distracted driving is the number one cause for fatal traffic accidents; and WHEREAS, Florida is one of eleven states without a ban on text messaging for all drivers as well as one of three states that has no distracted-driving laws. NOW, THEREFORE, be it resolved by the City Council of the City of Edgewater, Florida: Section 1. The foregoing recitals are true and correct. Section 2. Encourage the 2013 State Legislature enact legislation/pass a law that bans texting while driving/operating any motor vehicle and apply a steep penalty if texting results in a crash within the State of Florida. Section 3. Encourage the Department of Motor Vehicles (DMV) to provide education on the dangers of electronic distracted driving to all violators of the law. Section 4. The City Clerk is hereby directed and authorized to send a copy of this resolution to Governor Rick Scott, Attorney General Pam Bondi, to all State Representatives, State Senators, to the Volusia League of Cities and the Florida League of Cities. 2012-R-30 1 - Section 5. Conflictine Provisions. All resolutions or parts of resolutions in conflict herewith are hereby repealed. Section 6. Severability. If any portion of this resolution is for any reason held or declared to be unconstitutional, inoperative, or void, such holding shall not affect the remaining portions of this resolution. If this resolution or any provisions thereof shall be held to be inapplicable to any person, property, or circumstances, such holding shall not affect its applicability to any other person, property or circumstance. Section 7. Adoption and Effective Date. This resolution shall take effect upon adoption. !l After Motion to approve by with Second by 1 n Inn l mrtn Pn 4cx- the vote on this resolution held on January 7, 2013, was as follows: AYE NAY Mayor Mike Thomas_ Councilwoman Christine Power Councilwoman Gigi Bennington Councilman Mike Ignasiak Councilman Gene Emter PASSED AND DULY ADOPTED this 7th day of January, 2013. ATTEST: For the use and reliance only by the City of Edgewater, Florida. Approved as to form and legality by: Aaron R. Wolfe, Esquire City Attorney Doran, Sims, Wolfe & Kwdid CITY COUNCIL F THE IF E E RIDA Mike as Mayor � y, L�Jj k. l Robin L. Matusick Paralegal Approved by the City Council of the City of Edgewater at a meeting held on this 76 day of January, 2013 under Agenda Item No. Ste. 2012-R-30