HomeMy WebLinkAboutR-17-0344City of Miami
Resolution R-17-0344
Legislation
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: 2656 Final Action Date: 7/13/2017
A RESOLUTION OF THE MIAMI CITY COMMISSION URGING GOVERNOR
RICK SCOTT AND THE MEMBERS OF THE FLORIDA LEGISLATURE TO
ENACT LEGISLATION THAT WOULD MAKE TEXTING WHILE DRIVING A
PRIMARY OFFENSE; DIRECTING THE CITY CLERK TO TRANSMIT A COPY
OF THIS RESOLUTION TO GOVERNOR RICK SCOTT AND THE MEMBERS
OF THE FLORIDA LEGISLATURE.
SPONSOR(S): Commissioner Wifredo (Willy) Gort, Tomas Regalado
WHEREAS, texting while driving is a form of distracted driving which is driving while
performing another activity that shifts the driver's attention away from driving; and
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, 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
United States involving distracted drivers, according to NHTSA; and
WHEREAS, in 2014, NHTSA reported that 3,179 people were killed in crashes in the
United States involving distracted drivers; 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 cellular telephone use is
so high that drivers using cellular telephones exhibit greater impairment than illegally intoxicated
drivers, according to a University of Utah study; 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
City of Miami Page 1 of 3 File ID: 2656 (Revision:) Printed On: 3/24/2025
File ID: 2656 Enactment Number: R-17-0344
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 (5) have
made texting while driving a primary offense; and
WHEREAS, Florida is among the five (5) states that does not enforce texting while
driving as a primary offense, but instead as a secondary offense; and
WHEREAS, a secondary offense is an offense for which a law enforcement officer can
issue a ticket only if the driver has been pulled over for committing another traffic violation; and
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 Commission urges the Florida Legislature to enact legislation that
would make texting while driving a primary offense;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF
MIAMI, FLORIDA:
Section 1. The recitals and findings contained in the Preamble to this Resolution are
adopted by reference and incorporated as if fully set forth in this Section
Section 2. The City Commission urges Governor Rick Scott and the members of the
Florida Legislature to enact legislation that would make texting while driving a primary offense.
Section 3. The City Clerk is directed to transmit a certified copy of this Resolution
Governor Rick Scott and the members of the Florida Legislature.
Section 4. This Resolution shall become effective immediately upon its adoption and
signature of the Mayor.'
1 If the Mayor does not sign this Resolution, it shall become effective at the end of ten (10) 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.
City of Miami Page 2 of 3 File ID: 2656 (Revision:) Printed on: 3/24/2025
File ID: 2656 Enactment Number: R-17-0344
APPROVED AS TO FORM AND CORRECTNESS:
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