Agenda 09/26/2017 Item #10A09/26/2017
EXECUTIVE SUMMARY
Recommendation to adopt a Resolution urging the Florida Legislature to enact legislation that
would make texting while driving a primary offense.
OBJECTIVE: To adopt a Resolution urging the Florida Legislature to enact legislation that would make
texting while driving a primary offense.
CONSIDERATIONS: Currently, law enforcement cannot pull over a driver who is texting while
driving because it is a secondary offense. Providing law enforcement with the ability to enforce “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.
Texting While Driving has become an epidemic. Florida fatalities are increasing; almost 18% in 2015
over the prior year. Teen Driver fatalities increased almost 30%. Collier County’s Sheriff endorses this
request and has provided a letter of support.
FISCAL IMPACT: The proposed actions described in this executive summary have no fiscal impact on
the General Fund.
GROWTH MANAGEMENT IMPACT: The adoption of this Resolution has no impact on Growth
Management.
LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney, is approved as to
form and legality, and requires majority vote for approval. -JAK
RECOMMENDATION: To adopt a Resolution urging the Florida Legislature to enact legislation that
would make texting while driving a primary offense.
Prepared by: Sue Filson, Executive Coordinator to Commissioner William L. McDaniel, Jr.
ATTACHMENT(S)
1. Texting While Driving Reso 7-31-17 (PDF)
2. Sheriff Letter 9-1-17 Texting While Driving (PDF)
10.A
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09/26/2017
COLLIER COUNTY
Board of County Commissioners
Item Number: 10.A
Doc ID: 3735
Item Summary: ***This item to be heard at 11:00 a.m.*** Recommendation to adopt a
Resolution urging the Florida Legislature to enact legislation that would make texting while driving a
primary offense.
Meeting Date: 09/26/2017
Prepared by:
Title: Operations Analyst, Senior – Administrative Services Department
Name: Bendisa Marku
08/31/2017 12:53 PM
Submitted by:
Title: County Manager – County Manager's Office
Name: Leo E. Ochs
08/31/2017 12:53 PM
Approved By:
Review:
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 08/31/2017 1:52 PM
Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 08/31/2017 3:46 PM
Budget and Management Office Mark Isackson Additional Reviewer Completed 08/31/2017 4:10 PM
County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 09/02/2017 10:39 AM
Board of County Commissioners Michael Cox Meeting Completed 09/12/2017 9:00 AM
10.A
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[16-ECM-02065/1238537/1] 1
RESOLUTION NO. 2017-____
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
10.A.a
Packet Pg. 182 Attachment: Texting While Driving Reso 7-31-17 (3735 : Adopt aResolution urging the Florida Legislature to enact legislation that would make
[16-ECM-02065/1238537/1] 2
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 _______ day of ___________________, 2017.
ATTEST: BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA
By: ________________________________ By: ________________________________
, Deputy Clerk PENNY TAYLOR, CHAIRWOMAN
Approved as to form and legality:
________________________________
Jeffrey A. Klatzkow
County Attorney
10.A.a
Packet Pg. 183 Attachment: Texting While Driving Reso 7-31-17 (3735 : Adopt aResolution urging the Florida Legislature to enact legislation that would make
10.A.b
Packet Pg. 184 Attachment: Sheriff Letter 9-1-17 Texting While Driving (3735 : Adopt aResolution urging the Florida Legislature to enact legislation that would