BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY

Transcription

1 2A BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY PLACEMENT: PROCLAMATIONS, SPECIAL PRESENTATIONS, AND LEGISLATIVE AFFAIRS PRESET: TITLE: PRESENTATION AND RESOLUTION REGARDING A RESOLUTION URGING THE FLORIDA LEGISLATURE TO ENACT LEGISLATION THAT WOULD MAKE TEXTING WHILE DRIVING A PRIMARY OFFENSE AGENDA ITEM DATES: MEETING DATE: 9/26/2017 COMPLETED DATE: 9/14/2017 COUNTY ATTORNEY: 9/4/2017 ASSISTANT COUNTY ADMINISTRATOR: 9/11/2017 REQUESTED BY: DEPARTMENT: PREPARED BY: Name: Taryn Kryzda, County Administrator Name: Procedures: None EXECUTIVE SUMMARY: Department of Administration Laura Beaupre Special Projects Coordinator State Representative Emily Slosberg has requested to make a presentation to the Board of County Commissioners regarding a resolution urging the Florida Legislature to enact legislation that would make texting while driving a primary offense. APPROVAL: LEG CA BACKGROUND/RELATED STRATEGIC GOAL: 808ddf24 1 of 15

2 Currently, law enforcement cannot pull over drivers who are texting while driving because it is a secondary offense. Providing law enforcement with the ability to enforce the Texting While Driving Ban as a primary offense will save lives, prevent injuries and prevent property damage. Countless lives are lost and many more are injured due to distracted drivers. ISSUES: None. LEGAL SUFFICIENCY REVIEW: To the extent this item contains legal issues; it has been reviewed for legal sufficiency, although this is primarily a matter of Board policy. RECOMMENDED ACTION: RECOMMENDATION Move that the Board hear the presentation. Move that the Board adopt the resolution. ALTERNATIVE RECOMMENDATIONS Direct staff accordingly. FISCAL IMPACT: RECOMMENDATION n/a ALTERNATIVE RECOMMENDATIONS n/a DOCUMENT(S) REQUIRING ACTION: Budget Transfer / Amendment Chair Letter Contract / Agreement Grant / Application Notice Ordinance 1 Resolution Other: ROUTING: _ ADM _ BLD _ CDD _ COM _ ENG _ FRD _ GMD _ GSD _ ITS _ LIB _ MCA _ MPO _ PRD _ USD X CA _ ACA X LEG 808ddf24 2 of 15

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4 RESOLUTION NO. A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF MARTIN COUNTY, FLORIDA, URGING THE FLORIDA LEGISLATURE TO ENACT LEGISLATION THAT WOULD MAKE TEXTING WHILE DRIVING A PRIMARY OFFENSE. 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, distracted driving is driving while performing another activity that shifts the driver s attention away from driving; and WHEREAS, texting while driving is a form of distracted driving; 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 the NHTSA; and WHEREAS, in 2014, 3,179 people were killed in crashes in the United States involving distracted drivers, according to the NHTSA; 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 continues 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, during the 2002 regular session, the Florida Legislature enacted Chapter , Laws of Florida (Senate Bill 358), which preempted local 4 of 15

5 governments from regulating the use of electronic communications 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 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, Section of the Martin County Board of County Commissioner s Human Resource Manual prohibits County employees from writing, sending or reading any text based communications while driving; 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 have made texting while driving a primary offense; and WHEREAS, Florida is among the five states that do 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 a 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, this Board urges the Florida Legislature to enact legislation that would make texting while driving a primary offense, 5 of 15

6 NOW, THEREFORE BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MARTIN COUNTY, FLORIDA AS FOLLOWS: Section 1. Urges the Florida Legislature to enact legislation that would make texting while driving a primary offense. Section 2. Directs the Clerk of the Circuit Court and Comptroller to transmit a certified copy of this resolution to the Governor, Senate President, House Speaker, and the Chair and Members of the Martin County State Legislative Delegation. Section 3. Directs the County s state lobbyists to advocate for the passage of the legislation set forth in Section 1 above, and authorizes and directs the Office of Intergovernmental Affairs to include this item in the 2017 Legislative Package when it is presented to the Board. ADOPTED this day of, 2017 ATTEST: BOARD OF COUNTY COMMISSIONERS MARTIN COUNTY, FLORIDA CAROLYN TIMMANN, CLERK OF THE CIRCUIT COURT AND COMPTROLLER DOUG SMITH, CHAIRMAN APPROVED AS TO FORM & LEGAL SUFFICIENCY: SARAH W. WOODS, COUNTY ATTORNEY 6 of 15

7 Emily Slosberg FL State Rep. District 91 7 of 15

8 Motor vehicle crashes are the # 1 cause of death for teen drivers Florida Crash Reports rose 10% from 2015 to 110,544 Palm Beach County Statistics Injuries indicating texting rose 45% 8 of 15

9 NOT in Florida Wireless communications devices; prohibition. (1) This section may be cited as the Florida Ban on Texting While Driving Law. (d) Authorize law enforcement officers to stop motor vehicles and issue citations as a secondary offense to persons who are texting while driving. 9 of 15

10 Numbers prove compliance when a law goes from secondary to primary In 2010, Palm Beach County issued over 40,000 tickets for violations of seat belt law In 2016, Palm Beach County issued under 10,000 for same offense 10 of 15

11 In 2016, drivers age were responsible for the highest number of distracted driving crashes followed closely by year-olds and year-olds. In fact, drivers under the age of 30 accounted for more than 20,000 distracted driving crashes, - FLHSMV Parents set examples for their children 11 of 15

12 Florida is only 1 of 4 states that enforce as a Secondary Offense. Other states are: Nebraska Ohio South Dakota What will it take for Florida to pass this legislation? 2017, Texas passed primary law after 13 people killed on a church bus (Actual Footage) 12 of 15

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14 HB 69 -General Bill by Slosberg (CO-SPONSORS) Baez; Cortes, J.; Diamond; Duran; McGhee; Smith Use of Wireless Communications Devices while Driving: Provides for primary enforcement of Florida Ban on Texting While Driving Law for drivers age 18 or younger; requires deposit of fines into Emergency Medical Services Trust Fund. Last Event: Died in Transportation & Infrastructure Subcommittee on Friday, May 05, :59 PM 14 of 15

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