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Item L03 , . BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: August IS - 16,2001 Division: District 1 Bulk Item: Yes No Department: Commissioner Dixie M. Spehar AGENDA ITEM WORDING: Approval to advertise an ordinance creating Section 11-12, Monroe County Code, prohibiting the use of hand-held cell phones while operating motor vehicles, including motorcycles and mopeds, but allowing headsets and hands free apparatus. Ordinance will provide for violations and penalties. ITEM BACKGROUND: PREVIOUS REVELANT HOCC ACTION: CONTRACT/AGREEMENT CHANGES: STAFF RECOMMENDATIONS: TOTAL COST: BUDGETED: Yes No COST TO COUNTY: REVENUE PRODUCING: Yes No AMOUNT PER MONTH Year APPROVED BY: County Atty x OMB/Purchasing Risk Management - - DIVISION DIRECTOR APPROVAL: 0,,;,7Jlcftlw (Commissio . r Dixie M. Spehar) DOCUMENTATION: Included x To Follow Not Required DISPOSITION: AGENDA ITEM # / - L-..3 Revised 2/27/01 Commissioner Dixie Spehar ORDINANCE NO - 20Jl1 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS Of MONROE COUNTY, fLORIDA, CREATING SECTION 11-12, MONROE COUNTY CODE, PROHIBITING THE USE OF HAND-HELD CELL PHONES WHILE OPERATING A MOTOR VEHICLE; PROVIDING FOR VIOLAnONS AND PENALTIES; PROVIDING fOR SEVERABJUTY; PROVIDING FOR THE REPEAL OF ALL ORDINANCES INCONSISTENT HEREWITH; PROVIDING FOR INCORPORAnON INTO THE MONROE COUNTY CODE OF ORDINANCES; AND PROVIDING AN EFFECTIVE DATE BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA: ~ectlon 1. Sec. 11-12, Monroe County Code, is hereby created to read: Sec. 11~12. Cell phones. (a) It is unlawful for any person to use a hand-held cell phone while operating a motor vehicle. (b) Penalties. Any person convicted of a violation of this section shall be punished by the payment of a fine not to exceed $250.00 or imprisoned for a period not to exceed 30 days or both. A sentence requiring a reasonable period of community service may be substituted for the payment of the fine or the term of imprisonment at the discretion of the County Judge. Section 2. If any section, subsection, sentence, clause or provision of this ordinance is held invalid, the remainder of this ordinance shall not be affected by such invalidity. ~ction 3. All ordinances or parts of ordinances in conflict with this ordinance are hereby repealed to the extent of said conflict. section 4. The provisions of this ordinance shall be included and incorporated in the Code of Ordinances of the County of Monroe, Florida, as an addition or amendment thereto, and shall be appropriately renumbered to conform to the uniform numbering system of the Code. ~ction 5. This ordinance shall take effect immediately upon receipt of official notice from the Office of the Secretary of State of the State of Florida that this ordinance has been filed with said Office. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of said Board held on the day of , 2001. Mayor George Neugent Commissioner Charles McCoy Commissioner Murmy Nelson COmmissioner Dixie Spehar Commissioner Nora Williams (SEAL) Attest: DANNY L.KOLHAGE, Clerk BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By By Mayor/Chairperson Deputy Clerk jdordcellphones