R17-067 1 RESOLUTION NO.R17-067
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2 A RESOLUTION OF THE CITY OF BOYNTON BEACH,
3 FLORIDA, URGING THE FLORIDA LEGISLATURE TO
4 ENACT LEGISLATION THAT WOULD MAKE TEXTING
5 WHILE DRIVING A PRIMARY OFFENSE; AND PROVIDING-
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ROVIDING6 AN EFFECTIVE DATE.
7 WHEREAS, distracted driving is driving while performing another activity that shifts the
8 driver's attention away from driving; and
9 WHEREAS,texting while driving is a form of distracted driving; and
10 WHEREAS, the National Highway Traffic Safety Administration (NHTSA) reported an
11 estimated total of 967,000 crashes in the United States involving distracted drivers in 2014; and
12 WHEREAS, during the 2002 regular session, the Florida Legislature enacted Chapter 2002-
13 179, Laws of Florida(Senate Bill 358), which preempted local governments from regulating the use of
14 electronic communications devices in motor vehicles; and
15 WHEREAS, during the 2013 regular session, the Florida Legislature passed the Florida Ban
16 on Texting While Driving Law, which made texting while driving a noncriminal traffic infraction; and
17 WHEREAS, Florida is among the five states that do not enforce texting while driving as a
18 primary offense, but instead as a secondary offense; and
19 WHEREAS, a secondary offense is an offense for which a law enforcement officer can issue
20 a ticket only if a driver has been pulled over for committing another traffic violation; and
21 WHEREAS, the Florida Legislature has considered bills that would make texting while
22 driving a primary offense, however, to date, such bills have not been passed, allowing texting while
23 driving to remain a secondary offense in Florida.
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25 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
26 THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
27 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as
28 being true and correct and are hereby made a specific part of this Resolution upon adoption
29 hereof.
30 Section 2. The City Commission urges the Florida Legislature to enact legislation
31 that would make texting while driving a primary offense.
32 Section 3. The City Commission directs the City Clerk to transmit a certified copy of
33 this resolution to the Governor, Senate President, House Speaker and the Chair and Members of the
34 Palm Beach County Legislative Delegation.
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35 Section 4. This Resolution will become effective immediately upon passage.
36 PASSED AND ADOPTED this 15th day of August, 2017.
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38 CITY OF BOYNTON BEACH, FLORIDA
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40 YES NO
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42 Mayor— Steven B. Grant f`
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44 Vice Mayor—Justin Katz V
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46 Commissioner—Mack McCray z/
47
48 Commissioner—Christina L. Romelus t/
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50 Commissioner—Joe Casello 1
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52
53 VOTE J 0
54
55 ATTEST:
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57
58 et t,
59 J th A. Pyle, C
60 ity Clerk
61
62
63
64 (Corporate Seal)
65
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66 off.
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