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RESOLUTION NO. 2017-082 A RESOLUTION BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, ENCOURAGING THE FLORIDA LEGISLATURE TO ENACT LEGISLATION THAT WOULD MAKE TEXTING WHILE DRIVING A PRIMARY TRAFFIC OFFENSE. WHEREAS, distracted driving is driving while performing another activity that shifts the driver's attention away from driving; and WHEREAS, texting while driving is a form of distracted driving; and 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 National Highway Traffic Safety Administration (NHTSA) reported an estimated total of 967,000 crashes in the United States involving distracted drivers in 2014, resulting in 3,179 deaths and approximately 431,000 injuries; and WHEREAS, the concern of the American public over distracted driving has grown exponentially, resulting in the first-ever national distracted driving enforcement and advertising campaign in April, 2014 by the United States Department of Transportation; 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, the Florida Legislature enacted Chapter 2002-179, Laws of Florida (Senate Bill 358), which preempted local governments from regulating the use of electronic communications devices in motor vehicles; 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 secondary infraction; 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, despite making texting while driving a secondary offense, The Florida Department of Highway Safety and Motor Vehicles (FDHSMV) reports that distracted driving crashes have increased 26% since 2013; and WHEREAS, according to statistics from the FDHSMV, Indian River County had 2,360 crashes in calendar year 2016 and 383 of those (16%) were distracted driving crashes with 21 resulting in incapacitating injuries and 5 fatalities; and WHEREAS, Florida is among only five states that does not enforce texting while driving as a primary offense, but instead as a secondary offense; and 1