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Item J5BOARD OF COUNTY COMMISSIONERS C ounty of M onroe A(I Mayor George Neugent, District 2 T he Fl orida Keys 4� �� m Mayor Pro Tem David Rice, District 4 l Danny L. Kolhage, District I „ Y „; ° W Heather Carruthers, District 3 Sylvia J. Murphy, District 5 County Commission Meeting August 16, 2017 Agenda Item Number: J.5 Agenda Item Summary #3269 BULK ITEM: Yes DEPARTMENT: BOCC District 3 TIME APPROXIMATE: STAFF CONTACT: Carol Schreck (305) 292 -3430 None AGENDA ITEM WORDING: Approval of 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. ITEM BACKGROUND: Currently, law enforcement cannot pull drivers over who are texting while driving because it is considered a secondary offense. Providing law enforcement with the ability to enforce a "Texting While Driving Ban” as a primary offense will save lives, prevent injuries, and prevent property damage. Countless lives have already been lost and many more injured due to distracted drivers. Texting While Driving has become an epidemic. Florida fatalities are increasing; almost 18% in 2015 over the prior year with Teen Driver fatalities increasing by almost 30 %. Texting while driving is an especially critical issue on Monroe County's two -lane US 1 highway, our single road of transportation throughout the Keys with a very high volume of tourism traffic. PREVIOUS RELEVANT BOCC ACTION: On 7/17/13 Monroe County BOCC 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. CONTRACT /AGREEMENT CHANGES: N/A STAFF RECOMMENDATION: DOCUMENTATION: Stamped Resolution urgingTexting While Driving be made a Primary Offense (Carruthers) 8 1 17 Insurance Institute for Highway Safety (texting while driving ban laws) July 2017 report F.S. 316.305 Florida Ban on Texting While Driving Law F.S. 316.0075 preempting reg electronic comm devices FS 318.1215 Dori Slosberg Driver Education Safety Act FINANCIAL IMPACT: Effective Date: Expiration Date: Total Dollar Value of Contract: N/A Total Cost to County: Current Year Portion: Budgeted: Source of Funds: CPI: Indirect Costs: Estimated Ongoing Costs Not Included in above dollar amounts: Revenue Producing: Grant: County Match: Insurance Required: Additional Details: If yes, amount: None REVIEWED BY: Heather Carruthers Skipped Bob Shillinger Completed Kathy Peters Completed Board of County Commissioners Pending 08/01/2017 4:11 PM 08/01/2017 4:14 PM 08/01/2017 5:06 PM 08/16/2017 9:00 AM "distracted driving" as "...any activity that diverts attention from driving, including tallaing 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 fi -om the task oj'safe 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, the "Florida Ban on Texting While Driving Law", See. 316.305, Florida Statutes was enacted in 2013 making texting while driving a non-criminal traffic offense; 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 4:7 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 inade it illegal to use hand-held cellular devices while driving; and WHEREAS, according to a July 2017 "Insurance Institute for I-lighway 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 C 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. 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 textin$ 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 I 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 Conunissioners of Monroe County, Florida at a regular meeting held on the 16 day of August, 2017. Mayor Gveorge Neugent Mayor Pro Tem David Rice Commissioner Danny1colhage (SEAL) Attest: KE VIN MADOK, CLERK [in BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA [in IIHS Home 700 I'C's Distracted driving Concern is mounting about the effects of phone use and textingo. driving. 001phones and texting July 2017 Talking on a hand-held ceflphone while drip Mg is banned in 15 states and the District of Col The use of all ceilphones by novice drivers is restricted - In 38 states and the District of Colun Text messaging is barined for all drivers in 47 states and the District of Columbia. in additio frorn texting in one state (Missouri). Many localities have enacted their mvn bans on cellphones or text messaging. In some but need specific statutory authority to do so. in addition, most school bus drivers are banned I held cellphones by state code, regulation or school district policy, The table and maps below shave the states that have ceillphone 41,vs, whether they specificE whether they are enforced as primary or secondary [aws. U rider secondary laws, an officer to stop a vehicle before citing a driver for using a cellphone. Laws without this restriction ar 10 Map-. hand-held hans Map. texting bans Map: you ng driver a] I ceRphon e ba ns J.5.b FiI _MA RI M AN +drivers Partial ■ No ban Enforcement primary (effective 0801'17) primary secondary (effective 06:30:'18) a� Z �L D N t X H primary: texting by all drivers and cellphone ! i by school bus drivers; secondary: cellphone u s by young drivers, drivers in school and work t zones i t s primary: hand -held and texting by drivers 18 and older; secondary: drivers younger than 11 s i primary t S primary t t c prunary primary Packet Pg. 1013 Laws restricting cellphone use and texting State Hand -held ban Young drivers all cellphone ban Texting ban Alabama no 16- year -old drivers; 17- year -old drivers all drivers who have held an intermediate license for fewer than 6 months Alaska no no all drivers Arizona no learner's permit holders and no intermediate license holders during the first 6 months after licensing(effective 0630 18) Arkansas drivers 18 or older but younger than drivers younger than 18 all drivers 21; school and highway work zones California all drivers drivers younger than 18 all drivers' Colorado no drivers younger than 18 all drivers Connecticut all drivers drivers younger than 1 i all drivers Delaware all drivers learner's permit and intermediate all drivers license holders District of all drivers learner's permit holders all. drivers 2 _MA RI M AN +drivers Partial ■ No ban Enforcement primary (effective 0801'17) primary secondary (effective 06:30:'18) a� Z �L D N t X H primary: texting by all drivers and cellphone ! i by school bus drivers; secondary: cellphone u s by young drivers, drivers in school and work t zones i t s primary: hand -held and texting by drivers 18 and older; secondary: drivers younger than 11 s i primary t S primary t t c prunary primary Packet Pg. 1013 K Laws restricting cellphone use and texting State Hand -held ban Young drivers all cellphone ban Texting ban Enforcement tM Columbia Florida no no all drivels secondary = Georgia no drivers younger than 18 all drivers primary tM Hawaii all drivers drivers younger than 18 all drivers primary Idaho no no all drivers primary N if Illinois all drivers drivers younger than 19 and learner's all drivers primary permit holders younger than 19 CL Indiana no drivers younger than 21 all drivers primary CD Iowa no leame €'s permit and intermediate all drivers primary license holders Kansas no leamer's pennit and intermediate all drivers primary license holders Kentucky no drivers younger than 18 all drivers primary tM Louisiana drivers in signed school zones; with all novice drivers, see footnote for all drivers primary respect to novice drivers, see detail' footnote' Maine no leamees permit and intennediate all drivers primary license holders X Maryland all drivers drivers younger than 18 all drivers primary Massachusetts no drivers younger than 18 all drivers primary Michigan no leamees pen and intermediate all drivers primary license holders (level 1 and 2); integrated voice- operated systems excepted — Minnesota no leamees permit holders and provisional all drivers primary license holders during the first 12 months after licensing Mississippi no no all drivers primary is Missouri no no drivers 21 and primary younger s ' Montana no no no not applicable W Nebraska no learner's permit and intennediate all drivers secondary license holders younger than 18 is Nevada all drivers no all drivers primary New all drivers drivers younger than 18 all drivers primary Hampshire K Laws restricting cellphone use and texting State Hand-held ban Young drivers all cellphone ban Texting ban Enforcement New Jersey all drivers learners pen and intermediate all drivers primary tM license holders tM in New Mexico no learner's permit and intennediate all drivers primary X zones(effective 01,'01/18) license holders New York all drivers no all drivers primary 0) on public school property during the drivers(effective X North Carolina no drivers younger than 18 all drivers primary W North Dakota no drivers younger than 18 all drivers primary if 0 CL Ohio no drivers younger than 18 all drivers primary for drivers younger than 18; seconda tM for texting �E Vermont all drivers drivers younger than 18 all drivers primary CD C14 Oklahoma leamer's permit and intennediate n04 all drivers primary Washington license holders learner's permit and intermediate all drivers' primary license holders Oregon all drivers drivers younger than 18 all drivers primary r_ Pennsylvania no no all drivers primary tM Rhode Island all drivers (effective 06 01'18) drivers younger than 18 all drivers primary South Carolina no no all drivers primary South Dakota no learner's permit and intennediate all drivers secondary license holders tM Tennessee drivers in marked school learner's pen and intermediate all drivers primary X zones(effective 01,'01/18) license holders Texas drivers in school crossing zones and drivers younger than 18 all primary on public school property during the drivers(effective time the reduced speed limit applies 09/01 17) Utah no,, drivers younger than 18 all drivers primary tM �E Vermont all drivers drivers younger than 18 all drivers primary L_ 0 4.- Virginia no drivers younger than 18 all drivers primary; secondary for drivers younger than Washington all drivers' learner's permit and intermediate all drivers' primary license holders West Virginia all drivers drivers younger than 18 who hold all drivers primary either a leamer's permit or an intennediate license Wisconsin drivers in highway construction learner's permit and intermediate all drivers primary areas license holders Wyoming no no all drivers primary 4 1 The lavz in Arkansas and California prohibit police from stopping a vehicle to determine if adriver is in co[mphance with the lao language prohibits the use of checkpoints to enforce the iaw, but ir has beer, interpreted as the funccional equivalent of secardla provisions that typicailly state the officer may not stop someone suspected of a violation Uniiess there is other, Independent, caus stop. 2 Cailforqiia drivers who are 18 and older may dictate, send or listen to text-based messages H they're using voce -activated, hand devices. 3 in Louisiana, all learner's permit holders, Irrespective of age, and afl, intermed license holder are prohibited from dr�ving i, 0 using a hand-held cellphore, AR drivers younger than 18 are prohibited from using any cellphone. All drivers, Jirrespectvve of age a first dlr;ver's licerse are prohibited from usirg a cellphone for one year. The cellphone bar, �Is secondary for navice drivers age older, In Oklahoma, learner's permit and intermediate license holders are banned from u3 m a hard-held electronic device while of a motor vehicle except it fife-threatening emergencies. In 20CIT Utah defined careless driving as commlttinaa moving v�Aolation (other thar speeding) wfil'le distracted by use of a harp cellphone or other activities not related todriving, 11.,HS reported thus as the functional equivalent of a secondary law, In 2 U % modified to specify that a person is not prohibited from using a hardfield M re less dei, while operating a moving motor kjvher making or receivirg a tellephone call. In 2014, Utah again amended its lave by removirg the act of talking an a hard-held F from the section describing careless driving. in addition, the most recent iteration b,an.s drivers frorn dialing a hand-held phone caps the rnaxinrium fine at 5100 for a first offense prov the off-ender inflicted no bodCly harni, 6 In "Nashington, drivers may not Folld a personal electronic device in either hand or ,both handsvihile operating a motor ve, hicl pubfic high%vay, including while temporarily stavonary because of traffic, a traffic control device, or other momentary delays, efl' July 23, 2017, Katherine Peters, CP • MMMOR-_=_ I M_V^ 1 MMI I M, 1 91 CO F • TIM IT WR ", IT I Cj r, S � 1111 12th Street, Suite #408 Key West, FL 3314 0 Select Year: 2017 v Go �� uu�2017Florida Statutes ( |tis the intent ofthe Legislature to: (a) Improve roadway safety for all vehicle operators, vehicle passengers, bicyclists, pedestrians, and other road users. (b) Prevent crashes related to the act oftext messaging white driving a motor vehicle. (c) Reduce injuries, deaths, property damage, health care costs, health insurance rates, and automobile insurance rates related to motor vehicle crashes. (d) Authorize law enforcement officers to stop motor vehicles and issue citations as a secondary offense to persons who are texdng while driving. (])(a) A person may not operate a motor vehicle white manually typing or entering multiple letters, numbers, symbols, or other characters into a wireless communications device or while sending or reading data on such a device for the purpose ofnnnvoice interpersonal communication, including, but not limited to, communication methods known as texting, e-maibng and instant messaging. As used in this section, the term "wireless communications device" means any handheld device used or capable of being used in a handheld manner, that is designed or intended to receive or transmit text orcharacter-based messages, access or store data, or connect tn the Internet nr any communications service as defined ins.812.15 and that allows text communications. For the purposes of this paragraph, a motor vehicle that is stationary is not being operated and is not subject to the prohibition in this paragraph. (b) Paragraph (a) does not apply to a motor vehicle operator who is: i. Performing official duties as an operator of an authorized emergency vehicle as defined in s. 322L01_, a iavv enforcement or fire service professional, or an emergency medical services professional. 2. Reporting an emergency or criminal or suspicious activity to taw enforcement authorities. 3. Receiving messages that are: a. Related to the operation or navigation of the motor vehicle; b. Safety-nekated information, including emergency, traffic, or weather alerts; c. Data used primarily bythe motor vehicle; or d. Radio broadcasts. 4. Using a device or system for navigation purposes. 5. Conducting wireless interpersonal communication that does not require manual entry of multiple letters, numbers, or symbols, except to activate, deact or initiate aheatune or function. 6. Conducting wireless interpersonal communication that does not require reading text messages, except to nc�tivate deactivate, or initiate a feature orfunction. | 7. Operating an autonomous vehicle, as defined in s. 316.003, in autonomous mode. (c) Only in the event nfacrash resulting in death or personal injury, a user's bitting records for awireless communications dev or the testimony of or written statements from appropriate authorities receiving such messages may be admissible as evidence in any proceeding to determine whether aviolation of paragraph (a) has been committed. (4)(a) Any person who violates paragraph (3)(a) commits a noncriminal traffic infraction, punishable as a nonmoving violation as provided in chapter 318. (b) Any person who commits a second or subsequent violation of paragraph (3)(a) within 5 years after the date of a prior conviction for a violation of paragraph (3)(a) commits a noncriminal traffic infraction, punishable as a ( Enforcement of this section bv state orlocal law enforcement agencies must be accomplished only aaa secondary action when an operator of a motor vehicle has been detained for a suspected violation of another provision of this chapter, chapter 320 or chapter 322. Title XXIII Chapter 316 MOTOR VEHICLES STATE UNIFORM TRAFFIC CONTROL SECTION 0075 Operator use of commercial mobile radio services and electronic communications devices. Entire Chapter 316.0075 Operator use of commercial mobile radio services and electronic communications devices. — Regulation of operator or passenger use of commercial mobile radio services and other electronic communications devices in a motor vehicle is expressly preempted to the state. History. —s. 2, ch. 2002-179. Disclaimer: The information on this system is unverified. The journals or printed bills of the respective chambers should be consulted for official purposes. Copyright Q 2000- 2017 State of Florida. Select Year: 2016 • Go FCT-.v TOT Me =4