Resolution 2017-171 RESOLUTION NO. 2017- 1 71
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER 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, 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, 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,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
[16-ECM-02065/1238537/1] 1
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 BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA that this Board:
Section 1. Urges the Florida Legislature to enact legislation that would make texting
while driving a primary offense.
Section 2. Directs the Clerk to the Board to transmit a certified copy of this resolution
to the Governor, Senate President, House Speaker, and the Chair and Members of the Collier
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.
THIS RESOLUTION ADOPTED after motion,second,and majority vote favoring same
this 2...!041Th day ofSc c c--'t '.r , 2017.
ATTEST: BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK, CLERK COLLIER ;gip Y,FLORIDA
Y:
B // _
(LA J . r. i L
By:
- e pilty Clerk PENNY TAY t , CHAP �� G AN
sC,s -aha - ans
fi
Apprav a 1.:,!, • 11,1'nd legality:
114
Jeffrey L Klltzkow
County tto "ey
J
[16-ECM-02065/12385:37/1] 2