Res 23-15RESOLUTION NO. 23 -15
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, SUPPORTING SENATE
BILL 246 SPONSORED BY FLORIDA STATE SENATOR FOR
DISTRICT 34 MARK SACHS THAT AMENDS CHAPTER 316,
SECTION 305, FLORIDA STATUTES TO INCLUDE
ENHANCED PENALTIES FOR TEYTING WHILE DRIVING
VIOLATIONS WHEN COMMITTED IN A SCHOOL ZONE
OR SCHOOL CROSSING AND REMOVES THE
REQUIREMENT THAT SPECIFIED PROVISIONS BE
ENFORCED AS A SECONDARY .ACTION BY A LAW
ENFORCEMENT AGENCY; PROVIDING FOR AN
EFFECTIVE DA'Z'E.
WHEREAS, at any given time during daylight hours, over 660,000 vehicles in the United States
are being driven by someone using a hand -held cell phone; and
WHEREAS, a 2011 CDC study found tliat about one -d-ird of drivers in the United States
reported that they had read or sent text messages or emails while driving; and
WHEREAS, in 2012, 3,328 people were billed in distraction affected crashes, and an estimated
421,000 people were injured in motor vehicle crashes involving a distracted driver; and
WHEREAS, texting is the most alarming distraction because it involves manual, visual, and
cognitive distraction simultaneously; and
WHEREAS, Florida State Senator for District 34 Maria Sachs is sponsoring Senate Bill 246 that
would amend chapter 316, section 305 to double the amount of the fine prescribed for texting while
driving violations when committed in a school zone or school crossing; and
WHEREAS, Senate Bill 246 would also remove the tequirefnent that specified provisions be
enforced as a secondary action by a law enforcement agency. Currently under chapter 316, section 305,
texting while driving is a secondary offense, which means that drivers camaot be stopped by lacy
enforcement if they are texting while driving; drivers can only be cited for texting while driving if they
are stopped by law enforcement for another offense.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the City of Delray Beach supports Senate Bill 246 sponsored by Florida State
Senator for District 34 Maria Sachs amending chapter 316, section 305 to include enhanced penalties
for texting while driNring violations when committed in a school zone or school crossing and removes
the regL�itement that specified provisions be enforced as a secondaiT action by a law enforcement
agency.
Section 2. This Resolution shall become effective immediately upon adoption.
PASSED AND ADOPTED in regular session on this d-ie 40 day of rl' 2015.
ATTEST:
City Clerk
2
MAYOR
Res No. 23 -15
Coversheet Page 1 of 1
MEMORANDUM
TO: Mayor and City Commissioners
FROM: Donald B. Cooper, City Manager
DATE: March 30, 2015
SUBJECT: AGENDA I TEM 8.K.-REGULAR COM M I SSI ON M EETI NG OF APRI L 6.2015
RESOLUTION NO.23-15
LEGAL DEPARTMENT REVIEW
Approved as to form and I egal sufficiency.
DISCUSSION
This item is before Commission to approve Resolution No. 23-15; supporting Senate Bill 246 sponsored
by Florida State Senator for District 34 Maria Sachs that amends Chapter 316, Section 305, Florida
Statutes to i ncl ude enhanced penal ti es for texti ng whi I e dri vi ng vi of ati ons when commi tted i n a School
Zone or School Crossing and removes the requirement that specified provisions be enforced as a
Secondary Action by a Law Enforcement Agency.
RECOMMENDATION
By Motion, approve Resolution No. 23-15.
http://itwebapp/Agenda)ntranet/BI uesheet.aspx?I teml D=9025&M eeti ngl D=562 4/21/2015
Florida Senate - 2015 SB 246
By Senator Sachs
34-00292-15 2015246
1 A bill to be entitled
2 An act relating to texting while driving; amending s .
3 316 . 305, F. S . ; revising penalties for violations of
4 the Florida Ban on Texting While Driving Law to
5 include enhanced penalties for such violations when
6 committed in a school zone or school crossing;
7 removing the requirement that specified provisions be
8 enforced as a secondary action by a law enforcement
9 agency; providing an effective date .
10
11 Be It Enacted by the Legislature of the State of Florida:
12
13 Section 1 . Section 316 . 305, Florida Statutes, is amended to
14 read:
15 316 . 305 Wireless communications devices; prohibition.-
16 (1) This section may be cited as the "Florida Ban on
17 Texting While Driving Law. "
18 (2) It is the intent of the Legislature to:
19 (a) Improve roadway safety for all vehicle operators,
20 vehicle passengers, bicyclists, pedestrians, and other road
21 users .
22 (b) Prevent crashes related to the act of text messaging
23 while driving a motor vehicle .
24 (c) Reduce injuries, deaths, property damage, health care
25 costs, health insurance rates, and automobile insurance rates
26 related to motor vehicle crashes .
27 (d) Authorize law enforcement officers to stop motor
28 vehicles and issue citations as a seeenelary e f fence to persons
29 who are texting while driving.
Page 1 of 4
CODING: Words are deletions; words underlined are additions .
Florida Senate - 2015 SB 246
34-00292-15 2015246
30 (3) (a) A person may not operate a motor vehicle while
31 manually typing or entering multiple letters, numbers, symbols,
32 or other characters into a wireless communications device or
33 while sending or reading data on such a device for the purpose
34 of nonvoice interpersonal communication, including, but not
35 limited to, communication methods known as texting, e-mailing,
36 and instant messaging. As used in this section, the term
37 "wireless communications device" means a handheld device
38 used or capable of being used in a handheld manner, which t-
39 is designed or intended to receive or transmit text or
40 character-based messages, access or store data, or connect to
41 the Internet or any communications service as defined in s .
42 812 . 15 and which that allows text communications . For the
43 purposes of this paragraph, a motor vehicle that is stationary
44 is not being operated and is not subject to the prohibition in
45 this paragraph.
46 (b) Paragraph (a) does not apply to a motor vehicle
47 operator who is :
48 1 . Performing official duties as an operator of an
49 authorized emergency vehicle as defined in s . 322 . 01, a law
50 enforcement or fire service professional, or an emergency
51 medical services professional .
52 2 . Reporting an emergency or criminal or suspicious
53 activity to law enforcement authorities .
54 3 . Receiving messages that are :
55 a. Related to the operation or navigation of the motor
56 vehicle;
57 b. Safety-related information, including emergency,
58 traffic, or weather alerts;
Page 2 of 4
CODING: Words are deletions; words underlined are additions .
Florida Senate - 2015 SB 246
34-00292-15 2015246
59 c. Data used primarily by the motor vehicle; or
60 d. Radio broadcasts .
61 4 . Using a device or system for navigation purposes .
62 5 . Conducting wireless interpersonal communication that
63 does not require manual entry of multiple letters, numbers, or
64 symbols, except to activate, deactivate, or initiate a feature
65 or function.
66 6 . Conducting wireless interpersonal communication that
67 does not require reading text messages, except to activate,
68 deactivate, or initiate a feature or function.
69 7 . Operating an autonomous vehicle, as defined in s .
70 316 . 003, in autonomous mode .
71 (c) Only in the event of a crash resulting in death or
72 personal injury, a user' s billing records for a wireless
73 communications device or the testimony of or written statements
74 from appropriate authorities receiving such messages may be
75 admissible as evidence in any proceeding to determine whether a
76 violation of paragraph (a) has been committed.
77 (4) (a) A person who violates paragraph (3) (a) commits a
78 noncriminal traffic infraction, punishable as a nonmoving
79 violation as provided in chapter 318 . For a violation committed
80 in a legally posted school zone or designated school crossing,
81 the amount of the fine prescribed for the violation shall be
82 doubled.
83 (b) A person who commits a second or subsequent
84 violation of paragraph (3) (a) within 5 years after the date of a
85 prior conviction for a violation of paragraph (3) (a) commits a
86 noncriminal traffic infraction, punishable as a moving violation
87 as provided in chapter 318 . For a violation committed in a
Page 3 of 4
CODING: Words are deletions; words underlined are additions .
Florida Senate - 2015 SB 246
34-00292-15 2015246
88 legally posted school zone or designated school crossing,
89 regardless of where the violation with respect to a prior
90 conviction was committed, the amount of the fine prescribed for
91 the violation shall be doubled.
92 (5) E n€e �e f this t ie -state—e r 1-eeallaw
94 aeti-e npief a ffieteia ael-,m6ele- I-tas been E et e,i fe=
95 _ piel-atie„ ef etl.,eiQ piQe�s±en of tY-4s elmp
96 eras t.. 320 er eha t�3
97 Section 2 . This act shall take effect October 1, 2015 .
Page 4 of 4
CODING: Words are deletions; words underlined are additions .