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Res No. 55-17RESOLUTION NO. 55-17 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH; FLORIDA, URGING ALL MEMBERS OF THE FLORIDA LEGISLATURE TO ENACT LEGISLATION TO MAKE TEXTING WHILE DRIVING A PRIMARY OFFENSE; DIRECTING THE CITY CLERK TO TRANSMIT A CERTIFIED COPY OF THIS RESOLUTION TO GOVERNOR RICK SCOTT, THE FLORIDA SPEAKER OF THE HOUSE OF REPRESENTATIVES, THE FLORIDA PRESIDENT OF THE SENATE, THE PALM BEACH COUNTY LEAGUE OF CITIES, AND THE FLORIDA LEAGUE OF CITIES; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. WHEREAS, on May 7, 2013, this Commission passed Resolution 26-13 supporting a ban on texting while driving; 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, according to the Virginia Tech Transportation Institute, textM9 while driving makes the likelihood of a crash 23 times greater than driving while not distracted,; and WHEREAS, in 2014, the National Highway Traffic Safety Administration (NH [TSA) reported an estimated total of 967,000 crashes, 431,000 injuries and 3,179 deaths in the United States that involved distracted drivers; and WHEREAS, as of March 2016, 46 states, the District of Columbia, Puerto Rico, Guam and the U.S. Virgin Islands have banned textM9 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 i J i WHEREAS, this City Commission of the City of Delray Beach urges the Florida Legislature to enact legislation that would make texting while driving a primary offense. NOW, THEREFORE, BE IT RESOLVED BY THE QTY COMMISSION OF THE CITY OF DELRAY BEACI� FLORIDA, AS FOLLOWS: Section 1. That the foregoing recitals are hereby confirmed and ratified. Section 2. That the City Commission hereby urges the Florida Legislature to enact legislation to make texting while driving a primary offense. Section 3. That the City Commission directs the City's lobbyists to advocate for the passage of the legislation as set forth in Section 1, supra. Section 4. The City Clerk is hereby directed to distribute copies of this Resolution pursuant to the Est attached hereto and incorporated herein as Exhibit "A." Section 5. That this resolution shall become effective immediately upon passage. PASSED AND ADOPTED this 2nd day of August, 2017. ATTEST: City erk Cary Glickstem, Mayor 2 RES. NO. 55-17 Exhibit A Governor Rick Scott State of Florida The Capitol 400 S. Monroe Street Tallahassee, FL 32399 Representative Richard Corcoran Florida Speaker of the House 420 The Capitol 402 South Monroe Street Tallahassee, FL 32399 Senator Joe Negron Florida President of the Senate 305 Senate Office Building 404 South Monroe Street Tallahassee, FL 32399 League of Cities 301 S. Bronough Street Suite 300 Tallahassee, FL 32302 Palm Beach County League of Cities P.O. Box 1989, Governmental Center West Palm Beach, FL 33402 RES. NO. 55-17