2017-R-43 RESOLUTION NO. 2017-R-43
A RESOLUTION OF THE CITY OF EDGEWATER,
VOLUSIA COUNTY, FLORIDA, URGING THE FLORIDA
LEGISLATURE TO ENACT LEGISLATION THAT
WOULD MAKE TEXTING WHILE DRIVING A PRIMARY
OFFENSE; REPEALING RESOLUTIONS IN CONFLICT
HEREWITH; PROVIDING FOR SEVERABILITY AND
APPLICABILITY AND ESTABLISHING AN EFFECTIVE
DATE.
WHEREAS, texting while driving makes the likelihood of a crash 23 times greater than
driving while not distracted, according to the Virginia Tech Transportation Institute; and
WHEREAS, distracted driving is driving while performing another activity that shifts
the driver's attention away from driving; and
WHEREAS,texting while driving is a form of distracted driving;and
WHEREAS,the National Highway Traffic Safety Administration (NHTSA) reported an
estimated total of 967,000 crashes in the United States involving distracted drivers in 2014; and
WHEREAS, in 2014, approximately 431,000 people were injured in crashes in the
Unites States involving distracted drivers,according to the NHTSA;and
WHEREAS, in 2014, 3,179 people were killed in crashes in the United States involving
distracted drivers, according to the NHTSA; and
WHEREAS, the concern of the American public over distracted driving has grown
exponentially, resulting in the first-ever national distracted driving enforcement and advertising
campaign in April 2014 by the United States Department of Transportation; and
WHEREAS, in April 2015, the United States Transportation Secretary continued the
national campaign by announcing the "U Drive. U Text. U Pay." Campaign for Distracted
Driving Awareness month; and
WHEREAS, the degree of cognitive distraction associated with mobile phone use is so
high that drivers using mobile phones exhibit greater impairment than legally intoxicated drivers,
2017-R-43 1
according to a University of Utah study; and
WHEREAS, a number of local jurisdictions have made it illegal to use hand-held
cellular devices while driving; and
WHEREAS, during the 2002 regular session, the Florida Legislature enacted Chapter
2002-179, Laws of Florida (Senate Bill 358), which preempted local governments from
regulating the use of electronic communications devices in motor vehicles; and
WHEREAS, on September 30, 2009, President Barack Obama issued an executive order
prohibiting federal employees from texting while driving owned, leased, or rented government
I
vehicles or driving texting with government-supplied equipment; and
WHEREAS, on October 27, 2010, the Federal Motor Carrier Safety Administration
enacted a ban prohibiting commercial vehicle drivers from texting while driving; and
WHEREAS, on December 13, 2011, the National Transportation Safety Board urged all
states to prohibit the use of cellular telephones and text messaging while behind the wheel of a
motor vehicle; and
WHEREAS, during the 2013 regular session, the Florida Legislature passed the Florida
Ban on Texting While Driving Law, which made texting while driving a noncriminal traffic
infraction; and
WHEREAS, as of March 2016, 46 states, the District of Columbia, Puerto Rico. Guam
and the U.S. Virgin Islands have banned texting while driving for all drivers;and
WHEREAS, of the 46 states that have banned texting while driving, all but five have
made texting while driving a primary offense; and
WHEREAS, Florida is among the five states that do not enforce texting while driving as a
primary offense, but instead as a secondary offense; and
WHEREAS, a secondary offense is an offense of which a law enforcement officer can
issue a ticket only if a driver has been pulled over for committing another traffic violation; and
2017-R-43 2
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, allowing texting
while driving to remain a secondary offense in Florida; and
WHEREAS, the City Council of the City of Edgewater desires to urge the Florida
Legislature to enact legislation that would make texting while driving a primary offense; now
therefore
NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Edgewater,
Florida:
Section 1. That the Edgewater City Council hereby urges the Florida Legislature to enact
legislation that would make texting while driving a primary offense.
Section 2. That the Edgewater City Council hereby directs the City Clerk to transmit a
certified copy of this resolution to the Governor of Florida, President of the Florida Senate,
Speaker of the Florida House of Representatives, and the Volusia County State Legislative
Delegation.
Section 3. If any section, subsection, clause or provision of this resolution is held invalid,
the remainder shall not be affected by such invalidity.
Section 4. All resolutions or parts of resolutions in conflict herewith shall be hereby
repealed.
Section 5. This resolution shall take effect immediately upon adoption.
2017-R-43 3
After Motion to approve by C.CLI 1ThCkl ,-1 with Second
by P y r , the vote on this Resolution was
as follows: U
AYE NAY
Mayor Mike Ignasiak
Councilwoman Christine Power
Councilwoman Amy Vogt N
Councilman Dan Blazi N
Councilman Gary Conroy
PASSED AND DULY ADOPTED this 13th day of November, 2017.
ATTEST: CITY COUNCIL OF THE
CITY OF EDGEWATER, FLORIDA
By: �xl•4-4 4. J
Robin L. Matusick Michael Ignasiakl
b
City Clerk/Paralegal Mayor
For the use and reliance only by the City of Approved by the City Council of the City of
Edgewater, Florida. Approved as to form and Edgewater at a meeting held on this 13th day
legality by: Aaron R. Wolfe, Esquire of November, 2017 under Agenda Item No.
City Attorney 8 r .
Doran, Wolfe, Sims&Ciocchetti
2017-R-43 4