Resolution 185-2017Commissioner Carruthers
RESOLUTION NO. 185 - 2017
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA
URGING THE FLORIDA LEGISLATURE TO ENACT
LEGISLATION THAT WOULD MAKE TEXTING WHILE
DRIVING A PRIMARY OFFENSE.
WHEREAS, the National Highway Traffic Safety Administration (NHTSA) defines
"distracted driving" as "...any activity that diverts attention from driving, including talking or
texting on your phone, eating and drinking, talking to people in your vehicle, fiddling with the
stereo, entertainment or navigation system— anything that takes your attention away from the
task of safe driving. "; and
WHEREAS, the NHTSA reports that texting while driving is "...the most alarming
distraction. Sending or reading a text takes your eyes off the road for S seconds. At 55 mph,
that's like driving the length of an entire football field with your eyes closed'; and
WHEREAS, distracted driving is deadly; according to the NHTSA, in 2015 alone, 3,477
people were killed and 391,000 were injured in motor vehicle crashes involving distracted
drivers; and
WHEREAS, the NHTSA estimates that, during daylight hours, approximately 660,000
drivers are using cell phones while driving creating an enormous potential for deaths and injuries
on U.S. roads; and
WHEREAS, according to NHTSA, cell phone use is highest among 16 -24 year old
drivers with teens the largest age group reported as distracted at the time of fatal crashes; and
WHEREAS, texting while driving is a specifically critical issue on Monroe County's
two -lane US 1 highway, our single road of transportation throughout the Keys, combined with
our high volume of tourism traffic; and
WHEREAS, Sec. 316.0075, Florida Statutes was enacted in 2002 which preempts local
governments from regulating the use of electronic communication 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
vehicles or driving and 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
Page 1 of 3
Commissioner Carruthers
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, the "Florida Ban on Texting While Driving Law ", Sec. 316.305, Florida
Statutes was enacted in 2013 making texting while driving a non - criminal traffic offense; and
WHEREAS, on July 17, 2013, the Monroe County Board of County Commissioners
approved the County's participation in a Florida Department of Transportation "No Texting
While Driving" program by allowing FDOT to add the County's logo to their poster as they
travel the State promoting their program and designating the County's Safety Officer as the
County's Point of Contact for the program; 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,
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, according to a July 2017 "Insurance Institute for Highway Safety Report ",
only the states of Arizona and Montana have failed to enact laws to ban texting while driving in
their state, with the state of Missouri banning texting while driving only for drivers 21 years of
age or younger; and
WHEREAS, of those states that have banned texting while driving, forty -four (44) states
have made texting while driving a primary offense (meaning law enforcement could pull over a
driver seen texting while driving); and
WHEREAS, Florida is one of the four states that do not enforce texting while driving as
a primary offense, but as a secondary offense, along with Nebraska and South Dakota and Ohio
(primary for drivers younger than 18; secondary for texting); 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
Page 2 of 3
Commissioner Carruthers
WHEREAS, over the years, 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, this Board urges the Florida Legislature to enact legislation that would
make texting while driving a primary offense;
NOW THEREFORE, BE IT RESOLVED BY THE COUNTY BOARD OF
COMMISSIONERS OF MONROE COUNTY, FLORIDA:
Section 1. The Florida Legislature is urged to enact legislation that would make
texting while driving a primary offense.
Section 2. The Clerk of the Court is hereby directed to transmit a certified copy of
this resolution to Governor Rick Scott, Senate President, House Speaker,
and the Chair, and the members of the State Legislative Delegation
representing Monroe County.
Section 3. The County's state lobbyists are hereby directed to advocate for the
passage of the legislation as set forth in Section 1 above, and authorizes
and directs the Intergovernmental Affairs staff to include this item in the
2018 Legislative Package when it is presented to the Board and our
Legislators.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
Florida at a regular meeting held on the 16` day of August, 2017.
Mayor George Neugent
Yes
Mayor Pro Tem David Rice
Yes
Commissioner Danny Kolhage
Yes
Commissioner Heather Carruthers
Absen
aw , Commissioner Sylvia Murphy
Yes
Attest: KEVIN MADOK, CLERK
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BOARD OF COUNTY COMMISSIONERS
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BY: 'e`
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MONROE C� ATTORNEY
Page 3 of 3
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Kevin Madok CPA
r Clerk of the Circuit Court &Comptroller Monroe County, Florida ..... . _
August 18, 2017
Representative Ricliard Corcoran
Speaker of the House
420 The Capitol
402 Soutli Monroe Street
'1'allaliassec FL 32399 -1300
Honorable Representative Corcoran,
Allaclied is a certified copy of' Resolution No. 185-2017 urging the Florida Legislature to
enact legislation that would make texting wliile driving a primary offense.
'l'liis Resolution was adopted by the Monroe County Board of County Commissioners, at a
regular meeting lield in formal session, on August 16, 2017. Should you have any questions,
please feel free to contact me at (305) 292 - 3550.
Respectfully Submitted,
Kevin Madok, CPA, Clerk of tlic
Circuit Court and ex- olficio to the
Monroe County Board of County
Commissioners
13 }. Pxncla G. Hancock, D. C'.
cc: File
KEY WEST MARATHON PLANTATION KEY
500 Whitehead Street 3117 Overseas Highway 88820 Overseas Highway
Key West, Florida 33040 Marathon, Florida 33050 Plantation Key, Florida 33070
305- 294 -4641 305- 289 -6027 305- 852 -7145
PK/ROTH BUILDING
50 High Point Road
Plantation Key, Florida 33070
305- 852 -7145
CAXR
°w- Kevin Madok, CPA
th Circuit Court & Comptroller — Monroe County, r Clerk of e C cu Cou p Florida
August 18, 2017
Office of Governor Rick Scott
State of Florida
The Capitol
400 S Monroe Street
'1'allaliassee F1, 32399-0001
Honorable Governor Scott,
Attached is a certified copy of Resolution No. 185 -2017 urging the Florida Legislature to
enact legislation that would make texting while driving a primary offense.
This Resolution was adopted by the Monroe County Board of County Commissioners, at a
regular meeting held in for sal session, on August 16, 2017. Should you have any questions,
please Ceel free to contact me at (305) 292 -3550.
Respectfully Submitted,
Kevin Madok, CPA, Clerk of' the
Circuit Court and ex- ollicio to the
Monroe County Board of County
Commissioners
131. PX11cla G. Hancock, D. C:
cc: File
KEY WEST MARATHON PLANTATION KEY
500 Whitehead Street 3117 Overseas Highway 88820 Overseas Highway
Key West, Florida 33040 Marathon, Florida 33050 Plantation Key, Florida 33070
305- 294 -4641 305- 289 -6027 305- 852 -7145
PK/ROTH BUILDING
50 High Point Road
Plantation Key, Florida 33070
305 - 852 -7145
Kevin Madok, CPA
Clerk of the Circuit Court & Comptroller — Monroe County, Florida
c
August 18, 2017
Representative Holly Raschein
209 House Office Building
402 S Monroe Street
Tallahassee FL 32399 -1300
Honorable Representative Raschein,
Attached is a certified copy of' Resolution No. 185 -2017 urging the Florida legislature to
enact legislation that would make texting while driving a primary offense.
This Resolution was adopted by the Monroe County Board of County Commissioners, at a
regular meeting held in formal session, on August 16, 2017. Should you have any questions,
please feel 1iee to contact me at (305) 292 - 3550.
Respectfully Submitted,
Kevin Madok, CPA, Clerk of the
Circuit Court and ex- ollicio to the
Monroe County Board ol' County
Commissioners
11j'. Pamela G. Hancock, D. C:
cc: File
KEY WEST MARATHON PLANTATION KEY
500 Whitehead Street 3117 Overseas Highway 88820 Overseas Highway
Key West, Florida 33040 Marathon, Florida 33050 Plantation Key, Florida 33070
305- 294 -4641 305- 289 - 6027 305- 852 -7145
PK/ROTH BUILDING
50 High Point Road
Plantation Key, Florida 33070
305 - 852 -7145
Kevin Madok, CPA
Clerk of the Circuit Court & Comptroller — Monroe County, Florida
August 18, 2017
Senate President Joe Negron
305 Senate Office Building
404 S Monroe Street
Tallahassee FL 32399 -1100
Honorable Senator Negron,
Attached is a certified copy ol' Resolution No. 185 -2017 urging the Florida 1,egislature to
enact letrislation that would make texting while driving a primary ollense.
"1'liis Resolution was adopted by the Monroe County Board of County Commissioners, at a
regular meeting held in lormal session, on August 16, 2017. Should you have any questions,
please feel free to contact ine at (305) 292-3550.
Respectfully Submitted,
Kevin Madok, CPA, Clerk of the
Circuit Court and cx- ollicio to the
Monroe Count Board of* County
Commissioners
113'.- Pamela G. Hancock, D. C.
cc: File
KEY WEST
500 Whitehead Street
Key West, Florida 33040
305- 294 -4641
MARATHON
3117 Overseas Highway
Marathon, Florida 33050
305- 289 -6027
PLANTATION KEY
88820 Overseas Highway
Plantation Key, Florida 33070
305- 852 -7145
PK/ROTH BUILDING
50 High Point Road
Plantation Key, Florida 33070
305 - 852 -7145
° Kevin Madok, CPA
•,r Clerk of the Circuit Court & Comptroller — Monroe County, Florida
August 18, 2017
Secretary Ryan Matthews
Florida DEP, Office of the Secretary
3900 Commonwealth Boulevard
Tallahassee FL 32399
Honorable Secretary Matthews,
Attached is a certilied copy of Resolution No. 185 -2017 urging the Florida Legislature to
enact legislation that would make texting while driving a primary offense.
'1'liis Resolution was adopted by the Monroe County Board of County Commissioners, at a
regular inecting lield in formal session, on August 16, 2017. Should you have any questions,
please feel free to contact me at (305) 292 -3550.
Respectfully Submitted,
Kevin Madok, CPA, Clerk of the
Circuit Court and ex- ollicio to the
Monroe County Board of' County
Commissioners
11j Pamela G. Hancock, D.C.
cc: File
KEY WEST
500 Whitehead Street
Key West, Florida 33040
305- 294 -4641
MARATHON
3117 Overseas Highway
Marathon, Florida 33050
305 - 289 -6027
PLANTATION KEY
88820 Overseas Highway
Plantation Key, Florida 33070
305- 852 -7145
PK/ROTH BUILDING
50 High Point Road
Plantation Key, Florida 33070
305- 852 -7145
1�
f 1 1
Kevin Madok CPA
Clerk of the Circuit Court & Comptroller — Monroe County, Florida
August 18, 2017
Senator Anitere Flores
404 Senate Office Building
402 S Monroe Street
Tallahassee FL 32399 -1300
Honorable Representative Flores,
Attached is a certified copy ol' Resolution No. 185-2017 urging the Florida Legislature to
enact legislation that would make texting while driving a primary offense.
This Resolution was adopted by the Monroe County Board of County Commissioners, at a
regular meeting held in formal session, on August 16, 2017. Should you have any questions,
please feel free to contact me at (305) 292 - 3550.
Respectfully Submitted,
Kevin Madok, CPA, Clerk of the
Circuit Court and ex- ollicio to the
Monroe County Board of County
Commissioners
BJ:• Pamela G. Hancock, D.C.
cc: File
KEY WEST MARATHON PLANTATION KEY
500 Whitehead Street 3117 Overseas Highway 88820 Overseas Highway
Key West, Florida 33040 Marathon, Florida 33050 Plantation Key, Florida 33070
305- 294 -4641 305- 289 - 6027 305- 852 -7145
PKIROTH BUILDING
50 High Point Road
Plantation Key, Florida 33070
305- 852 -7145
cot"r Kevin Madok, CPA
the Circuit Court & Comptroller — Monroe County, •, Clerk of e C cu p Florida
August 18, 2017
Honorable Representative Carlos Curbelo
1404 Longworth House Office Building
U.S. House of Representatives
Washington DC 20515
Honorable Representative Curbelo,
Attached is a certified copy of Resolution No. 185 -2017 urging the Florida Legislature to
enact legislation that would make tcxting while driving a primary ollense.
"Phis Resolution was adopted by the Monroe County Board of' County Commissioners, at a
regular meeting held in ionnal session, on August 16, 2017. Should you have any questions,
please Icel Gee to contact me at (305) 292 -3550.
Respectfully Submitted,
Kevin Madok, CPA, Clerk of the
Circuit Court and ex- oilicio to the
Monroe County Board of County
Commissioners
11j Pxncla G. Hancock, D.C:
cc: File
KEY WEST
500 Whitehead Street
Key West, Florida 33040
305 -294 -4641
MARATHON
3117 Overseas Highway
Marathon, Florida 33050
305- 289 -6027
PLANTATION KEY
88820 Overseas Highway
Plantation Key, Florida 33070
305- 852 -7145
PKlROTH BUILDING
50 High Point Road
Plantation Key, Florida 33070
305- 852 -7145
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'116
Kevin Madok CPA
Clerk of the Circuit Court & Comptroller — Monroe County, Florida
August 18, 2017
Honorable Senator Marco Rubio
284 Russell Senate Office Building
U.S. Senate
Washington DC 20510
Honorable Senator Rubio,
Attached is a certified copy of Resolution No. 185 -2017 urging the Florida legislature to
enact legislation that would make texting while driving a primary offense.
Tliis Resolution was adopted by the Monroe County Board of County Commissioners, at a
regular meeting held in ioniial session, on August 16, 2017. Should you have any questions,
please feel free to contact me at (305) 292 - 3550.
Respectfully Submitted,
Kevin Madok, CPA, Clerk of the
Circuit Court and ex- ollicio to the
Monroe County Board of County
Commissioners
113'. Pamela G. Hancock, D. C:
cc: File
KEY WEST MARATHON PLANTATION KEY
500 Whitehead Street 3117 Overseas Highway 88820 Overseas Highway
Key West, Florida 33040 Marathon, Florida 33050 Plantation Key, Florida 33070
305- 294 -4641 305- 289 - 6027 305- 852 -7145
PK/ROTH BUILDING
50 High Point Road
Plantation Key, Florida 33070
305 - 852 -7145
T Cler cawr �
° °° Kevin Madok CPA
5u A
C
k of the Circuit Court & Comptroller — Monroe County, Florida
August 18, 2017
Honorable Senator Bill Nelson
716 Senate Hart Office Building
U.S. Senate
Washington DC 20510
Honorable Senator Nelson,
Attached is a certified copy of' Resolution No. 185 -2017 urging the Florida Legislature to
enact legislation that would make texting while driving a primary offense.
This Resolution was adopted by the Monroe County Board of' County Commissioners, at a
regular meeting licld in formal session, on August 16, 2017. Should you have any questions,
please feel free to contact me at (305) 292 -3550.
Respectfully Submitted,
Kevin Madok, CPA, Clerk ol' the
Circuit Court and ex- officio to the
Monroe Count) Board of County
Commissioners
133'. Pamela G. Hancock, D. L.
cc: File
KEY WEST
500 Whitehead Street
Key West, Florida 33040
305- 294 -4641
MARATHON
3117 Overseas Highway
Marathon, Florida 33050
305- 289 -6027
PLANTATION KEY
88820 Overseas Highway
Plantation Key, Florida 33070
305- 852 -7145
PK/ROTH BUILDING
50 High Point Road
Plantation Key, Florida 33070
305- 852 -7145