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Resolution: R-09-0469
File Number: 09-01000b
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
Final Action Date: 10/8/2009
A RESOLUTION OF THE MIAMI CITY COMMISSION URGING GOVERNOR
CHARLIE CRIST AND THE MEMBERS OF THE FLORIDA LEGISLATURE TO
ENACT LEGISLATION DURING THE 2010 LEGISLATIVE SESSION PROHIBITING
THE ACT OF TEXTING WHILE DRIVING IN A SCHOOL ZONE; DIRECTING THE
CITY MANAGER TO ADD THIS TO THE CITY OF MIAMI'S ("CITY'S") LEGISLATIVE
AGENDA; FURTHER DIRECTING THE CITY MANAGER TO IMPLEMENTA POLICY
WHICH BANS CITY EMPLOYEES FROM TEXTING WHILE ON CITY BUSINESS
OR WHEN DRIVING A CITY VEHICLE, WITH POLICE AND FIRE -RESCUE
PERSONNEL BEING EXEMPT; DIRECTING THE CITY CLERK TO TRANSMIT A
COPY OF THIS RESOLUTION TO THE ELECTED OFFICIALS STATED HEREIN.
WHEREAS, a study by the Virginia Tech Transportation Institute has concluded that people who
send text messages while driving are 23 times more likely to be in a crash; and
WHEREAS, in crashes or near crashes, texting takes a driver's focus away from the road for an
average of 4.6 seconds, which is enough time to travel the length of a football field at 55 miles an
hour; and
WHEREAS, a test by Car and Driver Magazine found that in some cases, a person's reaction time
was harmed more by texting while driving than while driving under the influence of alcohol; and
WHEREAS, in January, 2009, the National Safety Council called on state and federal lawmakers
to ban the use of cell phones and text messaging devices while driving; and
WHEREAS, the Secretary of the United States Department of Transportation has stated that, "If it
were up to me, I would ban drivers from texting immediately"; and
WHEREAS, a recent poll by Lingo, a mobile voice application company, found that 26% of the
people who have the ability to send text messages admit to driving while texting; and
WHEREAS, a new poll by the AAA Foundation for Traffic Safety showed that 80% of Americans
regarding texting or e -mailing while driving as a very serious safety hazard; and
WHEREAS, according to the New York Times, more than 110,000,000,000 text messages were
sent in the United States during the month of December, 2008 alone, a tenfold increase in just 3
years; and
WHEREAS, texting and portable email are valuable to consumers, businesses, and private
individuals throughout the United States, but those services create an extreme risk when used by
individuals operating motor vehicles; and
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Enactment Number: R-09-0469
WHEREAS, a 2008 study by Nationwide Insurance found that 20 percent of drivers in the United
States send text messages while operating motor vehicles; and
WHEREAS, another study by the University of Utah found that college students using a driving
simulator were 8 times more likely to have an accident while texting; and
WHEREAS, the City Commission is not unmindful of provisions within Section 316.0075, Florida
Statutes, that limit the ability of municipalities to regulate the use of commercial mobile radio services
and other electronic communications devices while in a motor vehicle; and
WHEREAS, notwithstanding this provision, the City Commission believes that, the specific act of
texting while operating a motor vehicle in a limited area may be the legitimate subject of municipal
regulations; and
WHEREAS, the City Commission believes that the threat to the health, safety and welfare of the
citizens of the City of Miami ("City") from this activity is so great that it demands action by the City
Commission;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI,
FLORIDA, AS FOLLOWS:
Section 1. The recitals and findings in the Preamble to this ordinance are adopted by
reference and incorporated as if fully set forth in this Section.
Section 2. The Miami City Commission urges Governor Charlie Crist and the members of the
Florida Legislature to enact legislation during the 2010 legislative session prohibiting the act of texting
while driving in a school zone.
Section 3. The City Manager is directed to add this legislation to the City's legislative agenda.
Section 4. The City Manager is further directed to implement a policy which bans City employees
from texting while on City business or when driving a City vehicle, with Police and Fire -Rescue
personnel being exempt.
Section 5. The City Clerk is directed to transmit a copy of this Resolution to Governor Charlie
Crist, Senate President Jeff Atwater, Speaker of the House Larry Cretul and the members of the
Florida Legislature.
Section 6. This Resolution shall become effective immediately upon its adoption and signature of
the Mayor. {1 }
Footnotes:
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File Number: 09-01000b
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{1 } If the Mayor does not sign this Resolution, it shall become effective at the end of ten calendar
days from the date it was passed and adopted. If the Mayor vetoes this Resolution, it shall become
effective immediately upon override of the veto by the City Commission.
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