Res. No. 167-09-12976RESOLUTION NO. 167-09-12976
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF
THE CITY OF SOUTH MIAMI, FLORIDA, SUPPORTING A
STATE BAN ON TEXT MESSAGING WHILE OPERATING A
MOTOR VEHICLE, OR ALTERNATIVELY SUPPORTING
STATE LEGISLATION PERMITTING LOCAL MEASURES TO
BAN TEXT MESSAGING WHILE OPERATING A MOTOR
VEHICLE; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City of South Miami finds that text messaging while operating a
motor vehicle is a grave threat to the well -being of motor vehicle operators, passengers,
and other persons in the vicinity of roadways including pedestrians and cyclists; and
WHEREAS, the City of South Miami is deeply concerned about the continued
state pre - emption of local action, provided by 316.0075 F.S., with regard to this issue
without corresponding legislation banning or otherwise regulating text messaging while
operating a motor vehicle; and
WHEREAS, as reported by The Miami Herald, in July of this year the National
Highway Traffic Safety Administration reported that even back in 2002 - before text
messaging was as widespread as it is today - there were 955 deaths and 240,000 crashes
attributable to drivers using cell phones, either through the use of text messaging or
talking on their cell phone; and
WHEREAS, there are already ten states (as well as Washington, D.C.) that have
recognized the danger in this practice and have banned text messaging while driving:
Alaska, Arkansas, California, Connecticut, Louisiana, Minnesota, New Jersey, Utah,
Virginia, and Washington; and
WHEREAS, as reported by The Miami Herald, according to a study authored by
the Transport Research Laboratory in the United Kingdom - and confirmed by Car and
Driver Magazine - drivers reaction time slowed by as much as 35 percent when reading
or text messaging, almost triple the effect on reaction time of drinking enough alcohol to
be legally impaired; and
WHEREAS, the City of South Miami believes that it is in the best interest of the
health, safety, and welfare of residents of the City for the state to either ban the practice
of text messaging while operating a motor vehicle, or in the alternative, to allow local
communities to enact their own ban.
NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA;
Section 1. The above recitals are true and correct and are incorporated herein
by this reference.
Pg. 2 of Res. No. 167 -09 -12976
Section 2. The City of South Miami hereby supports legislation that either
bans the practice of text messaging while operating a motor vehicle or in the alternative
allows local communities to enact their own ban.
Section 3. The City Clerk is hereby directed to transmit copies of this
resolution to the Governor of the State of Florida, the President of the Florida Senate, the
Speaker of the Florida House of Representatives, any Members of the Florida House of
Representatives or Florida Senate introducing legislation in accordance with the terms of
this resolution, and the mayors and members of the governing bodies of the
municipalities within Miami -Dade County.
Section 4. This resolution shall take effect immediately upon approval
PASSED AND ADOPTED this 20thday of October , 2009.
ATTEST:
Y CLERK
READ 'APPROVED A$3,0 FORM:
Office of City Attorney
APPROVED:
5 -0
Mayor Feliu:
Yea
Vice Mayor Beasley:
Yea
Commissioner Palmer:
Yea
Commissioner Newman:
Yea
Commissioner Sellars:
Yea
,l
Office of the Town Clerk
Erika Gonzalez - Santamaria, CMC
Town Clerk
September 3, 2009
Honorable Mayor and City Council
City of South Miami
6130 Sunset Drive
South Miami, FL 33143
Re: State of Florida Ban on Text Messaging While Operating a Motor Vehicle
Honorable Mayor and City Council:
please be advised that the Town of Cutler Bay Town Council adopted Resolution
No. 09 -59 which supports a state ban on the use of text messaging while
operating a motor vehicle. As such, I am forwarding a copy of the executed
Resolution to the agencies listed within the Resolution.
If you have any questions, please contact me at 305 -234 -4262 or by email
esantamaria@cutierbay- fl.aov.
Best regards,
Erika Gonzalez Santamaria, CMC
Town Clerk
Encl.
+
CITY CLEER'�<'S OFRiCE
10720 Caribbean Boulevard, Suite 105 • Cutler Bay, FL 33189 • 305- 234 -4262 , www.cutlerbay- ft.gov
RESOLUTION NO. 09 59
A RESOLUTION OF THE MAYOR AND TOWN
COUNCIL OF THE TOWN OF CUTLER BAY,
FLORIDA, SUPPORTING A STATE BAN ON TEXT
MESSAGING WHILE OPERATING A MOTOR
VEHICLE, OR ALTERNATWELY SUPPORTING
STATE LEGISLATION PERMITTING LOCAL
MEASURES TO BAN TEXT MESSAGING WHILE
OPERATING A MOTOR VEHICLE; AND PROVIDING
FOR AN EFFECTIVE DATE.
WHEREAS, the Town of Cutler Bay (The "Town ") finds that text messaging while
operating a motor vehicle is a grave threat to the, well -being of motor vehicle operators,
passengers, and other persons in the vicinity of roadways including pedestrians and cyclists;
and
WHEREAS, the Town Council is deeply concerned about the continued state pre-
emption of local action, provided by 316.0075 F.S., with regard to this issue without
corresponding legislation.banning or otherwise regulating text messaging while operating a
motor vehicle; and
WHEREAS, as reported by the Miami Herald, in July of this year the National
Highway Traffic Safety Administration reported that even back in 2002 — before text
messaging was as widespread as it is today — there were 955 deaths and 240,000 crashes
attributable to drivers using cell phones, either through the use of text messaging or talking on
their cell phone; and
WHEREAS, there are already ten states (as well as Washington,
D.C.) that have
recognized the danger in this practice and have banned text messaging while driving: Alaska,
Arkansas, California, Connecticut, Louisiana, Minnesota, New Jersey, Utah, Virginia, and .
Washington; and
WHEREAS, as reported by the Miami Herald, according to a study authored by the
Transport Research Laboratory in the United Kingdom —and confirmed by Car and Driver
Magazine — drivers reaction time slowed by as much as 35 percent when reading or text
messaging, almost triple the effect on reaction time of drinking enough alcohol to be legally
impaired; and
WHEREAS, the Town Council believes that it is in the best interest of the health
safety, and welfare of residents of the Town for the state to either ban the practice of text
messaging while operating a motor vehicle or in the alternative to allow local communities to
enact their own ban.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND TOWN .
COUNCIL OF THE TOWN OF CUTLER BAY, FLORIDA, AS FOLLOWS:
Section 1. Recitals. The above recitals are true and correct and are
incorporated herein by this reference.
Section 2. Support. The Town. of Cutler Bay (the "Town") hereby supports
legislation that either bans the practice of text messaging while operating a motor vehicle or in
the alternative allows local communities to enact their own ban.
Section 3. Transmittal. That the, Town Clerk is hereby, directed to transmit
copies of this Resolution to the Governor of the State of Florida, the President of the Florida
Senate, the Speaker of the Florida House of Representatives, any Members of the. Florida
House of Representatives or Florida Senate introducing legislation in accordance with the
terms of this Resolution, and the' Mayors and Members of the governing bodies of the
municipalities within Miami -Dade County.
Section 4. Effective Date. This resolution shall take effect immediately
upon adoption.
PASSED and ADOPTED this 19a' ay of An _ 2009.
S..VROOMAN, Mayor �J
Attest:
4# SA14 INCORPORATED
\ • r
'
APPROVED AS TO FORM AND
LEGAIL SUFFICIENCY FOR THE
SOLE USE OF THE TOWN OF CUTLER BAY:
WEDS SEROTA HELFMAN PASTORIZA
COLE & BONISKE, P.L.
Town Attorney
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Moved By: Councilmember Bell
Seconded By: Councilmember Sochin
FINAL VOTE AT ADOPTION:
Mayor Paul S. Vrooman
YES
Vice Mayor Edward P. MacDougall
YES
Councilmember Peggy R. Bell
YES
Councilmember Timothy J. Meerbotf
YES
Councilmember Ernest N. Sochin
YES
3