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Chapter Legislative/Delegate Reports by Slo Motion
ABATE of FL's Stiffer Penalties Bill Passes 1st Committee

Tallahassee, FL January 27, 2012 - ABATE of Florida, Inc.'s Stiffer Penalties Bill, Senate Bill 1754, has passed it's first committee today. The Senate Transportation Committee passed the Bill with 7 yes votes and zero no votes. Doc, ABATE of Florida's Lobbyist, spoke before the committee during the hearing and said there no negative comments.

The next committee for the Bill will be the Senate Criminal Justice Committee. We can use everyone's help to contact the members of this committee to urge them to pass this Bill. The committee's Chair, Sen. Greg Evers (850-487-5000), is the Sponsor of our Bill. Other members are:

Sen. Charlie Dean Vice Chair (850) 487-5017
Sen. Mike Bennett (850) 487-5078
Sen. Alan Hays (850) 487-5014
Sen. Gwen Margolis (850) 487-5121
Sen. Chris Smith (850) 487-5112

Any questions regarding this Bill should be directed to ABATE of Florida, Inc.'s State Legislative Trustee, Darrin "Scribe" Brooks at statelegislative@abateflorida.com.
January Report by Dan "Slo Motion" Henderson

FROM ABATE STATE some early news on the PIP Bill from the Senate

Tighter restrictions on clinics, more detailed police reports and making sure hospitals get paid are all part of a Senate proposal introduced Monday to make major revisions to the state's much maligned no-fault auto insurance market.

A day before lawmakers are scheduled to convene, Sen. Joe Negron, R-Stuart introduced a measure (SB 1860), a highly anticipated effort to make changes to the system that provides up to $10,000 in medical coverage following an accident regardless of which driver is at fault.

Increasingly expensive and riddled with fraud, the state's personal injury protection system has found itself in several crosshairs. Gov. Rick Scott, Chief Financial Officer Jeff Atwater and leaders in both chambers have singled out the issue as a priority for the upcoming session.

Business groups have called on lawmakers to fix the system or scuttle it. In the House, a handful of bills have been filed. Some repeal the PIP system altogether (HB 1007) and replace it with a system of mandatory emergency coverage that would be paid by the driver at fault. Others (HB 119, HB 523 are more targeted at the fraud elements and crash reports.

Darrin "Scribe" Brooks, State Legislative Trustee, ABATE of Florida, Inc.

Senator Evers Files ABATE of FL's Stiffer Penalties Bill

Tallahassee, FL, January 11, 2012 - Senator Greg Evers has filed FL Senate Bill 1754 "Traffic Offenses", on behalf of ABATE of Florida, Inc. This Bill is designed to require penalties more severe than the $166 some drivers have faced after hitting and killing motorcyclists. The text of the Bill as submitted in original form reads:

"Traffic Offenses; Providing criminal penalties for a person who commits a moving violation that causes serious bodily injury to, or causes or contributes to the death of, a pedestrian or a person operating or riding in a motor vehicle or operating or riding on a motorcycle or bicycle; requiring that the person pay a specified fine, serve a minimum period of incarceration, and attend a driver improvement course; requiring that the court revoke the person’s driver license for a minimum specified period; providing that the act does not prohibit the person from being charged with, convicted of, or punished for any other violation of law, etc."

ABATE of Florida is asking concerned citizens and motorcyclists to contact their local Senators and ask they support Senate Bill 1754. Remind them we will be holding our Freedom Rights Rally February 13, 2012 at Florida's Capitol Building and to contact any ABATE of Florida, Inc. member should they have any questions.

PRESS RELEASE David "Lockdown" Rich Public Relations Trustee ABATE of Florida, Inc.


Dec./Jan. Report by Dan "Slo Mo" Henderson

NATIONAL
Senate Committee Passes Highway Safety Bill
Wednesday, December 14, 2011

Today, the United States Senate Committee on Commerce, Science and Transportation passed a sweeping safety bill known as the Motor Vehicle and Highway Safety Improvement Act (S. 1449). The bill passed by voice vote.

Earlier this week, Senator Lautenberg (D-NJ) filed an amendment that would have gutted the popular federal motorcycle education and awareness grants, known as the 2010 funds. The Motorcycle Riders Foundation is pleased to report that Lautenberg did not call that amendment for a vote. Due to an overwhelming response from the motorcycle community, the 2010 grants are safe for now.

Also under attack was the National Highway Traffic Safety Administration (NHTSA) lobby ban. This law prohibits NHTSA from using federal money to lobby State legislatures, uninvited. The way S. 1449 was drafted, it removed this lobby ban. Senator Jim DeMint (R-SC) introduced a number of amendments to maintain the ban and the necessary amendments were agreed to, by unanimous consent of the full committee.

The one sticking point that remains is at least, the least troublesome. That being said, it is still something that will keep the attention of the MRF lobby efforts. The trouble lies in a provision in S. 1449 that calls out motorcycle helmets in the list of definitions as "motor vehicle equipment". Previously, the list simply stated: "any device or an article or apparel... that is not a system, part, or component of a motor vehicle".

The MRF would like to thank all the State motorcycle rights organizations and everyone else who helped with this legislation. The bill passed today will likely move on to be a part of the larger Highway Bill which could happen in early 2012. The MRF will keep you informed on this issue.

Darrin "Scribe" Brooks, State Legislative Trustee, ABATE of Florida, Inc.

ABATE of Florida Press Release December 15, 2011

INFORMATIONAL RELEASE - NOT A BILL IN FLORIDA AT THIS TIME
NTSB recommends ban on driver cell phone use

WASHINGTON (AP) — States should ban all driver use of cell phones and other portable electronic devices, except in emergencies, the National Transportation Board said Tuesday.

The recommendation, unanimously agreed to by the five-member board, applies to both hands-free and hand-held phones and significantly exceeds any existing state laws restricting texting and cell phone use behind the wheel.

The board made the recommendation in connection with a deadly highway pileup in Missouri last year. The board said the initial collision in the accident near Gray Summit, Mo., was caused by the inattention of a 19 year-old-pickup driver who sent or received 11 texts in the 11 minutes immediately before the crash.

It's not possible to know from cell phone records if the driver was typing, reaching for the phone or reading a text at the time of the crash, but it's clear he was manually, cognitively and visually distracted, she said.

"Driving was not his only priority," Hersman said. "No call, no text, no update is worth a human life."

The board is expected to recommend new restrictions on driver use of electronic devices behind the wheel. While the NTSB doesn't have the power to impose restrictions, it's recommendations carry significant weight with federal regulators and congressional and state lawmakers.

At any given moment last year on America's streets and highways, nearly 1 in every 100 car drivers was texting, emailing, surfing the Web or otherwise using a handheld electronic device, the safety administration said. And those activities spiked 50 percent over the previous year.

FLORIDA

The National Transportation Safety Board on Tuesday urged states to ban cell phone use while driving, the first such call by a federal agency.

In Florida, bills that would prohibit kids under 18 from talking-while-driving are filed by a Senate Republican and a House Democrat, while another bill, carried Republicans in both chambers, would ban texting and driving.

But the House Democrat sponsoring the bill to ban kids under 18 from using cell phones while driving said Tuesday he wasn't confident the NTSB recommendation would go very far to move along his proposal, which he fears will die in an unfriendly House committee.

"Unfortunately for the state of Florida, all these road safety bills are bottled up in a drawer," said Rep. Irv Slosberg, D-Boca Raton.

Slosberg has in the past criticized the chairman of the House Transportation and Highway Safety Subcommittee, Rep. Brad Drake, R-Eucheeanna, suggesting that Drake wants to kill bills related to regulations on drivers.

And Slosberg did again in an interview on Tuesday.

"I guess they have to go very slowly, the only thing I can do is to have patience and bring the issue up over and over and one day they'll just be tired from hearing it from me," said Slosberg, who has made road safety his main issue in the Legislature. Slosberg's daughter died in a car crash several years ago, and for many years, Slosberg was best known in the Legislature for his effort to pass a bill allowing police to pull over drivers for not wearing a seatbelt, which eventually became law.

Drake didn't immediately respond to a request for comment late Tuesday. But last month during a committee meeting, under questioning from Slosberg on a texting ban, Drake said if there was support from enough members, and if it were "feasible and realistic," then he'd hear a bill in the committee. Slosberg is a co-sponsor of a bill (HB 299), along with Republican Rep. Ray Pilon of Sarasota, that would ban texting and driving. The measure is assigned to Drake's subcommittee, but hasn't been put on the agenda for a hearing.

Slosberg is also the House sponsor of a bill that would prohibit the use of handheld cell phones and other electronic devices – not just for texting, but any use – by drivers under 18 and people driving school busses, regardless of their age. That bill (HB 187) also would have to get through the Highway Safety subcommittee. The measure would also put a limit on how many passengers young drivers could have in their car.
The ban on cell phone use by minors is sponsored in the Senate (SB 930) by Sen. Thad Altman, R-Viera, while the ban on texting (SB 416) is sponsored by another Republican, Sen. Nancy Detert of Venice, and was recently approved unanimously by the Senate Transportation Committee, so the issue isn't a partisan one.

But restrictions on what drivers can do – from seat belt and car seat laws to those restricting kids from riding in the backs of pickups – have long cut along two divides in the Florida Legislature.

One is between rural lawmakers, some of whom see it as an infringement on a personal liberty that is part of rural culture and personal responsibility that goes against the Libertarian streak in many rural areas, and everyone else. The other is along racial lines, with some black and Hispanic lawmakers in the past expressing concerns over new traffic laws, which some fear could lead to additional racial profiling.

The NTSB said Tuesday that distracted driving, some of it due to cell phone use, contributed to nearly 4,000 highway deaths last year, citing National Highway Traffic Safety Administration data.

"According to the National Safety Council, drivers using cell phones look but fail to see up to 50 percent of the information in their driving environment," the NTSB said in its recommendation.

The agency also said that in a national survey by AAA Foundation for Traffic Safety, 69 percent of Americans reported that they've talked on their cell while driving in the last 30 days and 24 percent said they've texted or emailed while driving recently.

Darrin "Scribe" Brooks, State Legislative Trustee, ABATE of Florida, Inc.

LATVALA: GO AHEAD, PRY CELL PHONE FROM HIS HAND
A day after a federal agency suggested every state should ban or limit cell phone use while driving, Florida lawmakers began reacting. Sen. Jack Latvala, a Pinellas County Republican, tells 10 News WTSP in Tampa that he wouldn't support the proposed bans that are filed with the Legislature. "You can take it out of my cold dead fingers," Latvala said of his cell phone. He said he talks and drives all the time. Sen. Nancy Detert, R-Venice, has filed a bill that would ban texting and driving, a measure (SB 416, HB 299), sponsored in the House by Rep. Ray Pilon, R-Sarasota. Sen. Thad Altman, R-Viera, and Rep. Irv Slosberg, D-Boca Raton, are sponsoring legislation (SB 930, HB 187) that would prohibit minors from using the cell phone in any way while driving. Detert told WTSP that the texting ban is common sense. "It's not limiting anyone's personal freedom," she said. "It's a safety issue."

Darrin "Scribe" Brooks, State Legislative Trustee, ABATE of Florida, Inc.

As others wrangle over how to tweak the state's no-fault auto insurance system, Rep. Mike Horner has a different idea.

Just get rid of it.

Late Monday, the Kissimmee Republican filed a measure (HB 1007) to repeal the state's requirement that all drivers carry personal injury protection insurance. The no-fault coverage, commonly referred to as PIP, has drawn increasing fire from critics who say the $10,000 policy is wrought with fraud and mired in litigation.

Horner's bill is expected to join a handful of other measures – some that repeal the coverage and other that make major modifications – to face lawmakers this session as both Gov. Rick Scott and Chief Financial Officer Jeff Atwater push for significant reforms.

"There will be dual tracks going forward in the session, said Sam Miller, vice president of the Florida Insurance Council.

Sen. Joe Negron, R-Stuart and Rep. Jim Boyd, R-Bradenton, are sponsoring measures that would make changes to the existing PIP system without dismantling it. Backers of that approach have said despite its flaws, the no-fault system is critical for motorists, many of whom have no other health coverage. Further, hospitals, chiropractors and others rely on such coverage for payments.

"President (Mike) Haridopolos has made it clear that he wants to eliminate fraud in the PIP system to make sure that legitimate providers get paid," Negron said. "So, we're moving in that direction."

Sen. David Simmons, R-Maitland, is expected to file a similar no-fault repealer bill in the Senate.

Horner's bill would require motorists to carry mandatory emergency payments coverage, which would provide pay for medical coverage by a more limited array of providers.

Motorists would be required to carry $10,000 in emergency payments coverage, which would pay 80 percent of emergency services rendered by qualified providers. Motorists would also have to carry additional body injury coverage of $25,000 per person and $50,000 per incident. Property damage coverage of $10,000 would also be required.

Eligible providers would be limited to hospitals, emergency rooms, and physicians' practices in contrast with the existing PIP system that pays a wider range of providers including private non-physician owned clinics and massage therapists.

Darrin "Scribe" Brooks, State Legislative Trustee, ABATE of Florida, Inc.

NEW RED-LIGHT REPEAL BILL FILED
The battle over red-light cameras for 2012 began in earnest Tuesday, when Rep. Scott Plakon, R-Longwood, filed a measure to repeal the law allowing the cameras to be used to catch those running the traffic signals. Plakon's legislation (HB 4177) is the starting gun for the latest chapter in a long-running and emotional debate over the fate of the cameras. A similar proposal by Rep. Richard Corcoran, R-New Port Richey, narrowly passed the House last year but died in the Senate.

Darrin "Scribe" Brooks, State Legislative Trustee, ABATE of Florida, Inc.

ABATE of Florida, Inc. is officially supporting:

HM 57 Sovereignty of the State: Urges Congress to discontinue its practice of imposing federal mandates & legislation upon states which exceed scope of its constitutionally delegated powers under Tenth Amendment to U.S. Constitution & to repeal all existing compulsory federal legislation that directs states to comply or requires states to pass specific legislation in order not to lose federal funding. Scribe's note – The above underlined part is HUGE for us, one way to implement a National Helmet Law is to withhold Federal funding to the States if they don't comply. The Feds could also require the States to have Motorcycle Only Check points or else lose funding.

Darrin "Scribe" Brooks, State Legislative Trustee, ABATE of Florida, Inc.

DISTRICT REMAPPING

After the last census the Florida district will be changed. The Palm Beach County Tea Party sent out emails about this so I’ll use their words: “Probably by now you have heard that there will be serious redistricting for the Florida State House, State Senate, and US Congressional maps. … These maps are identical to those released on December 6th and work shopped in the Florida House's Redistricting subcommittees on December 8th. The Redistricting Subcommittees will both meet on Monday, January 9, 2012 at which time they will consider the proposed committee bills (PCB's) for the state House, State Senate and Congressional maps. The Congressional Redistricting Subcommittee and the Senate Redistricting Subcommittee will meet from 12:00 p.m. to 2:30 p.m. The House Redistricting Subcommittee will meet from 3:00 p.m. to 6:00 p.m. If you want to watch the meetings live, visit The Florida Channel at www.thefloridachannel.org on January 9. “

In viewing the proposed maps Palm Beach County is losing some votes. Besides two Martin County house districts that are now in the ABATE Lighthouse Chapter and two that withdrawn into Broward, we go from 10 Representatives to FOUR. Several are combined in various ways. The Senate remains at six with boundary changes IF the map is correct with 31 a bit in Palm Beach – the description sounds as if not in Palm Beach.

Florida House

District 16 includes all of St. Lucie and Martin Counties and northeast Palm Beach and southeast Okeechobee Counties. It is bounded by the Atlantic Ocean on the east and by county boundaries along its northern and parts of its western and southern boundaries. The district is closely united in territory and is connected from north to south by Interstate 95 and the Florida Turnpike. At the Stuart hearing, residents of northern Palm Beach County and Martin County testified to their desire to be in the same district due to their common interests along the Treasure Coast. The district eliminates the division of Martin and St. Lucie Counties and the way that current District 16 stretches from Charlotte Harbor on the Gulf Coast to the Atlantic.

District 19 consists of the western portions of Broward and Palm Beach Counties. Most of its boundary is adjacent to a majority-minority district covered by Section 5 of the federal Voting Rights Act. In Palm Beach County, the district is bounded on the west by the L-40 Canal, which separates the populated areas to the east from the Loxahatchee National Wildlife Refuge to the west. On the north, it is bounded by State Road 80 (Southern Boulevard) and the municipal boundary of Wellington. State Road 809 (Military Trail) and the Florida Turnpike comprise most of its eastern boundary. In Broward County, the district follows the western boundary of Parkland and the western and southern boundaries of Coral Springs. The district ties similar communities and is connected from north to south by the Florida Turnpike and U.S. Highway 441.

District 22 consists of the Palm Beach and Broward County coast. On the west, District 22 is adjacent to a minority-opportunity district (District 23). On the east it is bounded by the Atlantic Ocean. Similar coastal interests, as well as Interstate 95 and State Road A1A, tie the communities in District 22. The district is similar to District 22 in SPUBC0154.

District 23 preserves the core of an existing district that has elected an African-American member to Congress since 1992 and is covered by Section 5 of the Voting Rights Act. The district contains portions of Hendry, Broward, and Palm Beach Counties. Its northern boundary follows the Hendry and Palm Beach County lines, and its southern boundary follows the Hendry County line and Interstate 75. On the east, the district ties urban neighborhoods between U.S. Highway 1 and Interstate 95. The district has a black voting age population of 51.8%.

SENATE

District 25 connects the coastal communities of Broward and Palm Beach Counties. It is adjacent to the minority opportunity district to its west and the Atlantic Ocean to the east. In the northwest, the district follows the municipal boundaries of West Palm Beach and Palm Beach Gardens. In the northeast, it crosses through Jupiter following the Loxahatchee River. On the south, it follows the Ft. Lauderdale city boundary.

District 28 connects the Treasure Coast communities of Indian River, St. Lucie, Martin, and northern Palm Beach Counties. On the east, the district is bounded by the Atlantic Ocean. On the west, it is generally bounded by the Florida Turnpike and Interstate 95. At the Stuart meeting, the committee received testimony that described the similar interests shared by the communities of northern Palm Beach County and the rest of the Treasure Coast. SPUBS0123 contains a district that is substantially similar to District 28.

District 29 unites communities along Interstate 95 and U.S. 1 in Palm Beach and Broward Counties. It also preserves the core of an existing district that has consistently elected candidates preferred by minority voters. The district includes all of Lauderhill and Lauderdale Lakes and is bounded on the south in part by the municipal boundaries of Plantation, Fort Lauderdale, and Dania Beach. The Committee heard from several members of the public at both the Boca Raton and Davie hearings that expressed concerns that the African-American communities continue to have a voice. District 29 has a black voting-age population of 55.7%. A number of public maps contain similar districts. (Plans HPUBS0084, HPUBS0089, SPUBS0091, SPUBS0123, and SPUBS0155.)

District 30 includes communities in southern and central Palm Beach County between Interstate 95 on and the Florida Turnpike. District 30 is adjacent to the minority opportunity district to the east. In places, the district follows the municipal boundaries of Boca Raton, Greenacres, and other cities. The district combines the Century Village retirement communities in Palm Beach County as well as western Boca Raton and suburbs. It is oriented along the principal transportation routes that run from north to south through heavily populated areas in Palm Beach County.

District 34 includes western portions of Palm Beach and Broward County. On the north, south, and west, the district follows the county boundaries of Broward and Palm Beach Counties. It includes the cities of Southwest Ranches, Weston, Wellington, Loxahatchee Groves, Royal Palm Beach, portions of Pembroke Pines, Davie, and Sunrise, plus a small portion of Cooper City. It also includes the entire Everglades Agricultural Area and conservation areas in western Broward and Palm Beach Counties. The Florida Turnpike, Sawgrass Expressway, Interstate 75, and U.S. 98 are major transportation arteries connecting communities within the district. It also utilizes the western boundaries of Miramar, Plantation, Tamarac, Coconut Creek, Parkland, Greenacres, West Palm Beach, and Palm Beach Gardens. In Boca Raton, the committee heard that the areas of Palm Beach County west of the Florida Turnpike had an agricultural interest distinct from the economic focus of communities east of the Turnpike, and that the western communities should be grouped with similar communities. In District 34, these communities are grouped with communities in Broward County situated along a similar longitudinal line.

District 32 (the description sounds as if out of Palm Beach but map shows a bit in ) combines the inland municipalities in the northern portion of Broward County. The district is bounded on the west by the Sawgrass Expressway, on the north by the Broward County line, on the east and south by the minority opportunity district that parallels Interstate 95, and further along the south, by the Tamarac and Sunrise city lines. The district closely follows political boundaries and consists of a geographically concentrated area entirely within Broward County. The district includes, in their entirety, the municipalities of Tamarac, North Lauderdale, Coral Springs, Margate, Coconut Creek, and Parkland. It unites similar communities traversed through the center of the district by the Florida Turnpike, on the east of the district by Interstate 95, and on the west of the district by the Sawgrass Expressway. The committee received testimony at the public hearing in Davie requesting that these communities be grouped together because they share many interest and amenities, including schools, hospitals and Chambers of Commerce. This same testimony argued that these interests were distinct from those in the neighboring communities of Cooper City and Weston.

November 2011 Report by Dan "Slo Motion" Henderson

Legislative Report We had a good turnout for the October State meeting – due to the Spooks ‘n Scoots party, Most of us came up Friday to camp, Charlie and Debbie got there first in their toy hauler. Zeke, “Rawdog”, brought up a couple of friends from Jupiter – Bill who is a member and Greg who has been meaning to join. Although they left two hours before me, I got there just half a hour after they did. I guess it was because of several stops due to rain and others by Bill (if you saw Wild Hogs you’d know why). So between that and camping stories Bill got his road name “Pisser” and never take a Gatorade from him. In the future we plan on getting a site together as Charlie and Deb were by the RV section away from us. All but Bill attended the State meeting where Strongbow and Willie joined us. The party was fun despite the rain and low attendance.

I hope we can get a good group up to the December meeting and party with Treasure Coast Chapter. Then try to get some riders for February Meeting and Freedom Ride to the Capital. It would be good to get a camping group up to support ABATE campsites for Daytona BikeWeek (with the Freedom Fighters B&G) and Leesburg Bikefest (there are 2 campgrounds). It is always fun.

One important item at the meeting was our A.D.D. Insurance. Every valid member has a $4000 Accidental Death and Disability policy. This does NOT have to be motorcycle related! In November the State Office will be doing a mailing for the insurance company – the insurance company never get’s your information unless you mail back the beneficiary card. You do NOT have to mail it in as it will give them your permission to contact you to try to sell more insurance. If they ever call and get pushy let us know to report it. Since you don’t need to send in the card, just let your family know about the policy and to get in touch with State Office. Or include it in a will.

We had a presentation on the new Veterans Crisis Line, a toll-free confidential resource that connects Veterans in crisis and their families and friends with VA responders. The phone number is 1-800-273-82255 and Press 1 or chat online at www.VeteransCrisisLine.net 24/7/365, even if you’re not registered with Department of Veterans Affairs or enrolled in VA health care.

On the legislative side, ABATE will try again for a Stiffer Penalties bill on those that fail to yield right of way. It was mentioned that if someone gets a ticket for doing something to a biker that as part of sentence they take and pay for our motorcycle awareness program. The logistics and cost need to be worked out. The vertical license tag need for a transponder will be dealt with, although it is not such a bad idea since the toll roads are now cashless. Tickets will be issued as now the interstate computer network is working – old tickets anywhere will catch up to you. Working on action for Trike training, sounds like it might become available in Central Florida besides North Florida. Bills are being filed so keeping an eye out for that news. 2012 will be bringing elections again so it’s time to visit and decide on candidates.

There was talk of getting more Safety Presentations done, some ideas discussed were looking for Safety Fairs like Old Navy store had done, let’s be on the look out for something like that. (I don’t think too many people will know what presentation you’re referring to. I believe you’re talking about ABATE’ Safety Program, correct? Maybe you can elaborate a little on what you know about the “Safety Fair” Old Navy had. Sarasota County Bus drivers saw the Safety Presentation. That is an idea I’ve had and I hear I might have an inside person to contact now.

I drove up too Deland during Biketoberfest to get more Safety Supplies that I showed at our last meeting – some good stuff. There was much talk at meeting about the decline in motorcyclist deaths and how to explain why to correct some of the statements by our opponents. I am hoping to get the stats to put on our website.

October 2011 Legislative Report – Dan “Slo Motion” Henderson

We have been following the case in Lake Country of the drunk driver who killed a biker through ABATE State Press releases. Below is the latest until the September 30 sentencing court. Watch our Legislative page Press Releases for updates. This is a great example of what we can do when we get involved and show up, preventing this guy from getting away as his powerful buddies wanted. It is a classic example of true American government by the People.

Civic Leader Changes His Plea to “Guilty”
Tavares, FL, September 20, 2011 – While riding back home from Biketoberfest on October 17, 2009, Herbert “Steve” Muller was hit and killed by Lake County civic leader Bruce Duncan. Duncan’s Blood Alcohol was twice the legal limit in addition to the ½ empty bottle of vodka FHP found in his truck. In court today, Duncan did not dispute these facts.

After many hearings in this case, on September 19 & 20, 2011 Mr. Duncan changed his plea to Guilty of DUI Manslaughter. This case took on a life of its own when Duncan’s defense team began lining up figures such as Florida State Representative H. Marlene O'Toole (R-Lady Lake), two Circuit Court Judges, President of Lake-Sumter Community College Dr. Charles Mojock, Tavares City Administrator John Drury, as well as fifteen other community leaders to be defense witnesses in Duncan’s hearing. Although there were several hours of testimony from family and friends on both sides, not all the defense witnesses had the opportunity to testify.

ABATE of Florida, Inc. State President, James “Doc” Reichenbach II, did testify for the prosecution, asking that the Court not depart from the recommended sentencing guidelines, and how drivers killing motorcyclists are getting away with insignificant fines. Asst. State Attorney Sue Purdy recommended that Circuit Judge Michael Takac impose a 12 ½ year prison sentence and a permanent license suspension. The state sentencing guidelines recommend a sentence of 10 years and a few months, but the defense attorneys have asked the Court to depart from these guidelines and sentence Duncan to only 4 years, the absolute minimum sentence allowed by law. The defense also motioned to suppress the testimony of “Doc” Reichenbach, claiming prejudice and that ABATE is not an affiliate. Judge Takac denied this motion, stating that he allowed numerous testimonies from defense witnesses that could very well be deemed prejudice as well.

On September 30, 2011 at 8:30 am Judge Takac will sentence Bruce Duncan at the Fifth Judicial Courthouse, Lake County, on 550 W Main St. Tavares, FL. Members from at least six ABATE of Florida chapters attended the Sept. 19th hearing. Motorcyclists are asked to show support for Steve Muller’s family and let the public know that we won’t stand idly by while we’re getting killed on Florida’s roadways.

Contact Lake County Chapter President Casey Staley at 407-469-2455 or president@lake.abateflorida.com for additional information on the September 30, 2011 Sentencing Hearing.

Teen Killed in Turnpike Motorcycle Crash
Two thrown from motorcycle after collision on Florida Turnpike By Brian Hamacher Thursday, Sep 15, 2011
A teen girl was killed and a man was critically injured in a motorcycle crash on the Florida Turnpike in Broward County Wednesday night. The crash happened around 11:30 p.m. near Griffin Road, according to the Florida Highway Patrol. Yasciel Sanchez Sainz, 21, and Idairis De La Cruz, 18, both from Miami, were traveling northbound on the turnpike on a 2006 Yahama when they were rear-ended by a Ford Taurus driven by 40-year-old Renzo P. D. Arrigo, the FHP said. Sainz, who was driving the motorcycle, and De La Cruz were both thrown from the bike and onto the roadway. De La Cruz was later pronounced dead at the scene. Police said Sainz was taken to memorial regional Hospital in critical condition. Arrigo was also hospitalized with minor injuries. the crash caused northbound lanes of the turnpike to be closed for several hours. The cause of the crash is still being investigated. http://www.nbcmiami.com/news/local/129876628.html

INCREASES IN TOLLS FOR INFLATION COMING
The Florida Department of Transportation is proposing to implement the indexing of toll rates for all FDOT toll roads and bridges, including the Florida Turnpike. Lawmakers in 2007 voted to require such an index to the Consumer Price Index or other inflation indicators at least once every five years starting no later than June of next year. Cars will typically see a 25-cent increase at each plaza. The agency recently held one rule development workshop on the proposal, during which officials said SunPass rates will go up from 6 to 7 cents per mile, and cash rates will be raised from 7.5 to 8.5 cents per mile. The FDOT is basing the increase on the Consumer Price Index’s rate of 11.7 percent inflation over the past five years.

Darrin "Scribe" Brooks, State Legislative Trustee,
ABATE of Florida, Inc. www.abateflorida.com

Trike vs. Motorcycle Endorsements in Florida
September 20, 2011 - There has been some confusion expressed lately regarding Florida trike only vs. motorcycle endorsements. After confirming with the Florida Department of Highway Safety and Motor Vehicles, it has been learned that you may legally operate a trike with just a motorcycle endorsement. However, if you only ride a trike and cannot physically operate a two wheeled motorcycle, you must get the Florida trike endorsement.

Above is something I have brought up several times at State meetings. Since the trike endorsement is only offered at one spot in Florida and is very expensive, it is clearly a case of discrimination of the handicapped and I have been urging ABATE to do something about it.

At the September meeting I read some stats from a National Insurance Crime Bureau Press Release (Sept. 21, 2011) that National Motorcycle Thefts are down 24% since 2007. Top 5 bikes stolen are 1-Honda, 2-Yamaha, 3-Suzucki, 4-Kawasaki, and 5-Harley. The top 5 states for most thefts are 1-California, 2-Texas, 3-FLORIDA, 4-North Carolina and 5-Indiana. Full story at http://www.marketwatch.com/story/national-motorcycle-thefts-down-24-percent-since-2007-2011-09-21 . Also at the meeting Dennis mentioned the motorcyclists trapped under car in KC and NYC, here is link for Kansas story http://www.kansascity.com/2011/09/17/3149450/motorcyclist-life-saved-by-heroes.html

. Protect Self from Indentify Theft
Below is another article I had saved from some magazine some time ago and recently re-found. It might have been in Wheels on the Roads, I am not sure.
“Under state law, the DMV has the right to sell and distribute your personal information on file (DOB, SS#, Address, etc.). However the law also requires that the DMV give individuals the opportunity to block their information (Driver Privacy Protection Act) from being sold. I went to the DMV web site and found my info was not blocked and available to anyone. It took me 20 seconds to block it on their web site. Please pass this along to your friends in Florida. (It is free to block your information)” There was a web address but it didn’t work anymore. So at the DMV site I searched for Driver Privacy Protection Act and got address http://www.flhsmv.gov/ddl/dppainfo.html and it seems things have changed and information is now blocked but can be requested. So further legal investigation is needed on this matter I believe. The statement on that page is interesting as crash records are public and we often seem blocked on getting them. So here is the statement now on the site…

“Under state law, motor vehicle, driver license, and vehicular crash records are subject to public disclosure. The Driver Privacy Protection Act, 18 United States Code, Sections 2721-2725 (DPPA) keeps your personal information private by limiting who has access to the information. The department automatically blocks personal information on your motor vehicle and driver license records.”

Senate candidate Craig Miller hurt in motorcycle wreck Orlando Sentinel By Scott Powers, Orlando Sentinel Republican US Senate candidate Craig Miller reportedly got off with scrapes and bruises after being involved in a motorcycle accident in Altamonte Springs on Sunday. Miller, 62, of Winter Park, "has a few scrapes and ... (rest of article no longer available)

Sept. 6 A Palm Bay man was critically injured when he lost control of his motorcycle while making a turn, the Florida Highway Patrol reported. The accident followed a fatal accident this weekend involving a Brevard County resident on a motorcycle. FHP also investigated two other fatal vehicle accidents in Central Florida on Monday -- a two-car accident in Orange County and a car-pedestrian accident in Seminole County. In the Palm Bay accident, Patrick Bennett, 60, was traveling south on Babcock Street in Palm Bay around 9:15 p.m. Sunday, when he attempted to make a right turn onto Eldron Boulevard but failed to negotiate the turn, said Sgt. Kim Montes, an FHP spokeswoman. Bennett lost control of the motorcycle before it overturned and ejected him, Trooper J.L. George, an FHP crash investigator, reported. Bennett was taken to Holmes Regional Medical Center in Melbourne with critical injuries. FHP said Bennett was not wearing a helmet.
Saturday, 48-year-old Cocoa resident Margaret Pratt died after a motorcycle-pickup truck accident on State Road 520 in Orange County. Pratt was a passenger on a westbound motorcycle being driven by Michael Hughes, 58, of Cocoa. The motorcycle was slowing during a police traffic stop and was hit from behind by the truck, according to the Florida Highway Patrol.Pratt and Hughes were wearing helmets at the time of the crash. According to FHP, the Orange County Sheriff's Office was conducting a traffic enforcement detail on State Road 520, and a deputy directed the motorcyclist to pull over. As Hughes was slowing down to pull over, the motorcycle was hit from behind by a Ford F-150 truck being driven by Austin Catroneo, 18, of Rockledge. Contact Berman at 321-360-1016 or dberman@floridatoday.com http://www.floridatoday.com/article/20110906/NEWS01/109060313/Motorcyclist-seriously-hurt-crash-Palm-Bay For those who live under a rock, Indian Motorcycles has a new owner. Polaris Industries, parent company of Victory Motorcycles, purchased the company for an undisclosed sum in April. With little time to redesign an entire line, move operations from Kings Mountain, North Carolina, to Spirit Lake, Iowa, and construct a new assembly line, Polaris decided to roll with the models Indian's prior owners had already spent the last year developing for 2012. Even though Polaris’ influence and direction won’t show up until the 2013 generation of Indians, the company still introduced three Indian Motorcycles for the 2012 model year. http://www.motorcycle-usa.com/743/10960/Motorcycle-Article/2012-Indian-Motorcycles-First-Look.aspx

New Jersey – a man was charged with careless driving and the improper transportation of an animal while driving his motorcycle. The pet pug was on his owner's lap in the rain when a Sgt. of County SPCA spotted the two and called Police to intercept them.

Meanwhile, Across the Pond…
Motorcycle Action Group 45mph m-way protests at EU rules

Riders from across the UK took part in Sunday's go-slow protests against proposed EU legislation. Motorcyclists have been taking part in a go-slow along motorways in the West Midlands region in protest at a raft of proposed EU laws governing bikers. The Motorcycle Action Group claim the laws would require them to submit to more regulations than other road users. Protestors rode at about 45mph for up to 20 miles along the M40, M6, M54 and M5 causing some tailbacks. The West Midlands action on Sunday coincided with protest rides at 66 other locations across England. http://www.bbc.co.uk/news/uk-england-15053649

From ABATE State
HOME OWNER & CONDOMINIUM OWNER ASSOCIATIONS AND MOTORCYCLES

July 13, 2011 - It has come to the attention of ABATE of Florida, Inc.'s State Board of Directors that some motorcyclists have encountered problems regarding parking and operating motorcycles within some deed restricted communities in Florida.

Please be advised that assuming the Home Owners/Condominium Owners Association's Governing Documents were created within Florida State Statutes, they carry legal weight and are enforceable in court. When purchasing a dwelling within a community or condominium that is run under an Association, make sure to read and understand the Documents related to the Association and your rights as a Property Owner under the Documents.

Florida law has specific time limits under which the Documents must be reviewed prior to a related property sale. You don't want to find out too late that you are not allowed a specific pet, more than a certain number of house guests at a time, a truck, a motorcycle, or the ability to rent your unit. These are common prohibitions in some Florida communities and condominiums. If you do not fully understand these documents or have any questions, you should consult an attorney.

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Senate President and Republican candidate Mike Haridopolos dropped his bid Monday for the U.S. Senate. "Today, I am announcing that I will no longer be a candidate for the United States Senate, nor will I seek any other office this year or next. Instead, I am re-dedicating myself to finishing the job you sent me to do here in Florida."

Darrin "Scribe" Brooks, State Legislative Trustee,
ABATE of Florida, Inc. www.abateflorida.com

ABATE of Florida Press Release

Killer of Four Motorcyclists Going to Prison… For Life and Then Some

Sumter County, FL, July 7, 2011 – On March 13, 2010 Paul Sermons got drunk, got into his truck, and decided to drive down County Road 476 in Sumter County, FL. The traffic in front of him going slower than Sermons wanted, he began passing other vehicles. The two motorcycles coming in the other direction had no chance. Sermons hit both bikes ejecting all four riders; with one rider being launched into the windshield of the truck Sermons was passing. All the motorcyclists were killed.
On June 10, 2011, Sermons was found guilty of four counts of DUI Manslaughter and one count of driving on a suspended driver’s license. A few weeks later on July 6, 2011, the Honorable Judge Hallman had Sermons in his courtroom for the last time. By the time this final hearing was over, it was decided; Paul Sermons would never again walk as a free man. Not only did Judge Hallman sentence Sermons to life in prison, he sentenced Sermons to one life sentence for each of the four people he killed as well as pulling his driver’s license for life and many fines and fees.
ABATE of Florida members from many chapters were at every hearing throughout this case. Our members were there to offer support to the victims’ families from the beginning to the end of the hearings and trial. The Court recognized our presence from our members being in the courtroom to asking potential jurors if they were ABATE members. Although justice was finally served in this case, all must understand that in the end, there were no winners.
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FROM Slo Motion August

I’ve been trying to write this especially after the leadership meeting. I have a lot of ideas but writer’s block to get it done. I just found Harry Chapin Radio site and that is influencing me again. Harry was one of my heroes with his story songs and work for hunger causes. His songs greatly influenced me, great lines like Greyhound’s “it’s got to be the going, not the getting there, that counts.” His saying “when in doubt, do something” and commitment to causes is part of my message this month.

I attended several of the leadership meetings and even the President=VP one and learned more even after 3 years. WE all have our reasons for joining ABATE. You may have been in an accident like I was and want to work for safer roads and driver education. You may have been stopped for some vague reason and want better laws. You may have witnessed bad drivers, cell phones while driving. We all have our reasons to be members and it is time for more involvement. It is understood that we all have lives and time may be limited but we all can do a part.

LEGISLATIVE: There is a goal to make every member a Legislative Warrior. You may have seen a shirt like that years ago. That means I need your help in talking with our government representatives. Just t=let them know we are here. Be nice and respectful, if it is someone against our goals we can vote them out – it has been done by other chapters. It should be brief and to the point, be honest. It you need facts, we can get them, we must remain above board. My personal issues and health this summer has kept me from meeting all the people I wanted to but I’m still trying, and if you can vote for them it means more. I am your resource, feel free to contact me if you want to meet them. If you need to find who your representatives are, I have several link on the Legislative page of ABATEpalmbeach.com. One good one is by Palm Beach County Supervisor of Elections https://www.pbcelections.org/PrecinctFinder.aspx as it give ALL of them. And we do need to reach everyone down to local offices.

PUBLIC RELATIONS/COMMUNICATIONS: Dave (newsletter) and I (website) attended this as we have no one in position but we do some of the job. All members are PR/COM to let people know what ABATE is all about – I think many of our members do a good job of that. It helps when we go to events and show our patch – let’s continue to give ABATE and bikers a good image.

MEMBERSHIP: by now you might be getting my common thread – we are all membership seekers and again I see many members bringing in others. There has been great turnout to help with the safety/membership tables at events. Thank you.

So I think our chapter is on the right track. Of course we could always use more help, more turn out at events and meetings. The board is open to suggestions, we changed meeting to Sundays to help more to come. Do we need a different meeting place – more central and northern? Let us know as this chapter has done good things and has the chance to really make a difference – we just need everyone to do a little bit. See you all soon I hope.

Oh I have to add this. While waiting in the Dentist office, I saw this on morning news show. Philadelphia pass a law with $125 fine for using a cell phone while walking. Think about that!

July 2011 Report

Not much to report this month. I am trying to set up meetings with our representatives before I have to return to work end of July. So here is the news from the State offices of ABATE.

From the AMA...

On February 28, 2011, Representative Jim Sensenbrenner (R-WI) introduced H.R. 748. This bill would prohibit the Administrator of the U.S. Environmental Protection Agency (EPA) from authorizing the use of gasoline containing greater than 10 percent ethanol in certain vehicles.

The Energy and Environment Subcommittee of the House Science, Space and Technology Committee, chaired by Rep. Andy Harris (R-MD), will be holding a hearing entitled "Hitting the Ethanol Blend Wall: Examining the Science on E15" on July 7 at 2:00 pm EDT.

In October 2010 the EPA approved E15, a new gasoline formulation that contains up to 15 percent alcohol by volume, for use in model year 2007 and newer light duty vehicles (cars, light-duty trucks, and medium-duty passenger vehicles). In January 2011, it added model year 2001-2006 light duty vehicles to the approved list.

As a motorcyclist, you need to be very careful because currently most on- or off-highway motorcycles and all-terrain vehicles (ATVs) are not approved for use of this fuel.

The American Motorcyclist Association (AMA) is concerned about E15 because it combusts at a higher temperature than gasoline that contains a lesser amount of ethanol. In engines not designed to dissipate this additional heat, engine damage in the form of premature wear can result. This is a concern for all motorcycles and ATVs, and particularly for the air-cooled engines found in many machines. Moreover, use of E15 can void the manufacture warranty.
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Hey everyone, another non-motorcycle news item. I am interested in this item because I am originally from Topeka Kansas where Westboro Baptist Church is located. growing up, I vaguely knew some of the Phelps kids. The house or compound that old man Phelps lived in always flew the flag upside down and would not let the kids socialize with anyone that was not in their "church".

ROONEY FILES FUNERAL PROTEST BAN
A measure prohibiting picketing or protesting within a certain distance of a funeral, burial or memorial service of military service members and certain others was filed last week by Rep. Patrick Rooney, R-West Palm Beach. The measure is filed in response to protests by members of Westboro Baptist Church, who have picketed the funerals of services members. The bill (HB 31) filed by Rooney also would ban the picketing of funerals of emergency response workers, children, and elected officials.

Darrin "Scribe" Brooks, State Legislative Trustee,
ABATE of Florida, Inc. www.abateflorida.com

ABATE of Florida Press Release

Killer of Four Motorcyclists to be Sentenced

Sumter County, FL, July 1, 2011- On the March 13, 2010 Paul Sermons got drunk, got into his truck, and decided to drive down County Road 476 in Sumter County, FL. The traffic in front of him going slower than Sermons wanted, he began passing other vehicles. The two motorcycles coming in the other direction had no chance. Sermons hit both bikes ejecting all four riders; with one rider being launched into the windshield of the truck Sermons was passing. All the motorcyclists were killed.

On June 10, 2011, over a year after the crash resulting in multiple fatalities, Paul Sermons was found guilty of four counts of DUI Manslaughter and one count of driving on a suspended driver’s license. Throughout the entire court process, from arraignment to jury verdict, ABATE of Florida members from many chapters were present, and this will be the case on July 6, 2011 when Sermons will learn his fate. The Judge presiding in this case has scheduled the sentencing on this day at 1 PM at the Sumter County Courthouse.

Many motorcyclists are expected to attend this Sentencing. Contact Lake County Chapter President Casey Staley at president@lake.abateflorida.com or 407-702-8250, or Forest County Chapter Secretary Paul Antonio 352-207-8859 if you wish to ride with one of the many groups going to the hearing or for additional information.

ABATE of Florida, Inc. is Florida’s largest Motorcyclists’ Rights Organization, and one of the top four largest nationwide. ABATE of Florida members come from all walks of life and include many elected officials. Our missions are to educate the public about motorcycle awareness and continuing to fight in Tallahassee for the rights of every motorcyclist and the public in general. To aid in these ends, we have an exclusive lobbyist and have founded the Motorcycle Safety and Awareness Program, both with the intentions to help make the roads safer for everyone.

June Legislative Report by Slo Motion

Until the state released its legislative report, I started to scan all the reports of bills status just to have something to report on. The ABATE bills on stiffer penalties for failure to yield (S608 Evers / H403 Baxley) failed in both House and Senate. The road Rage bills (S244/H177) about improper use of the left lane, which we had talked about in our chapter meeting, also failed. I guess they saw the problems we had seen. In fact as I scanned all the bills for House and Senate it appears the majority died before votes.

I am going to list some of interest and include the sponsors asI believe we need to watch and contact for future support. I think we should send them letters of thanks for effort to make roads safer.

Those that passed:

HB347 Vehicle Crashes Involving Death: Cites act as "Ashley Nicole Valdes Act"; requires defendant who was arrested for leaving scene of crash involving death to be held in custody until brought before judge for admittance to bail in certain circumstances. By Diaz and Trujillo (CO-SPONSORS) Porth; Slosberg 05/25/11 Signed by Officers and presented to Governor on Wednesday, May 25, 2011. Similar to SJ592 Garcia .

“State Mandates Texting While Driving Education
I (Lori Berman) proudly sponsored CS/ CS/HB689 – the Driver Education and Testing Bill. This important legislation aims to reduce the number of accidents related to texting while driving by improving driver education on the issue. All new drivers and students in driver improvement classes will undergo a thorough education on the real risk associated with texting while driving. Education is the end of the end, but it is certainly is the beginning.” - from the Berman Bulletin email of May 27, 2011. Co-sponsored by Bullard, Taylor. Similar to S758 by Sobel, S1974 by Hill and SJ737.

This appears to be the only cell phone legislation that pasted but there is STILL NO law against driving with a cell phone or even texting. And every legislator I spoke with over past year said a texting ban bill was a “no brainer” – what does that tell us??

Bills that died:

S158 Use of Wireless Communications Devices/Driving (Detert)
S644 Use of Cellular Telephones Prohibits the use of a cellular telephone while operating a motor vehicle except when using a headset or hands-free device. Rich
SB 724: Cellular Telephone Use Prohibits the use of a cellular telephone while operating a motor vehicle in a school zone. Bullard
HB79 Use of Wireless Communications Devices While Driving by Porth
S1418 Traffic Safety . Prohibits the use of handheld cellular telephones and other handheld electronic communications devices by drivers under 18 years of age. Altman
S1840 Minor Traffic Safety Act. " Prohibits a person younger than 18 years of age from operating a motor vehicle while using a wireless communications device or telephone. Altman
HB833/835 by Slosberg 833 prohibits use of handheld cellular telephones & other electronic communications devices by drivers under 18 years of age & persons driving school buses; provides for voluntary checkoff on driver's license applications to permit contributions to AAA Foundation for Traffic Safety; requires DHSMV to issue distinctive placard when issuing or reissuing driver's license to person under certain age; requires such person to display placard at all times while operating motor vehicle; restricts number of certain passengers permitted in vehicle operated by person under certain age. 835 Prohibits the use of handheld cellular telephones & other handheld electronic communications devices by drivers under 18 years of age
S1530 Driver's Licenses Creates the "Mature Drivers Act." Revises age requirements for issuance of driver's licenses. Amends provisions relating to reporting of licensed driver's or applicant's mental or physical disability to drive or need to obtain or wear a medical identification bracelet and restriction of the driving privilege of a person who has accumulated six or more points within a 12-month period. Revises age requirements for issuance of learner's driver's licenses, etc. Altman
HB515 Driver's Licenses: Creates "Mature Drivers Act"; revises age requirements for issuance of driver's licenses & learner's driver's licenses. by Slosberg (CO-SPONSORS) Julien.
S1930 Motor Vehicle Personal Injury Protection Insurance Bogdanoff

Thanks to:
Sponsors of ABATE’s Stiffer Penalties:

Baxley, Dennis K. R H24 Part of Marion County
Evers, Greg R S2 Holmes, Washington, and parts of Bay, Escambia, Okaloosa, Santa Rosa, and Walton counties
Sponsors of anti- cell phone while driving and license bills:
Berman, Lori D H86 Part of Palm Beach
Bullard, Dwight M. D H118 Part of Miami-Dade
Diaz, Jose Felix R H115 Part of Miami/Dade
Julien, John Patrick D H104 Part of Miami-Dade
Porth, Ari Abraham D H96 Part of Broward
Slosberg, Irving "Irv" D H90 Parts of Broward, Palm Beach
Taylor, Dwayne L. D H27 Part of Volusia
Trujillo, Carlos R H116 Part of Miami/Dade
Altman, Thad R S24 Brevard, Orange, and Seminole counties
Bullard, Larcenia J. D S39 Monroe, Broward, Collier, Hendry, Miami-Dade, and Palm Beach counties
Detert, Nancy C. R S3 Charlotte, Manatee, and Sarasota counties
Garcia, Rene R S40 R Miami-Dade county
Hill, Anthony C. "Tony", Sr. D S1 Duval, Flagler, Putnam, St. Johns, and Volusia counties
Rich, Nan H. D S34 Broward, and Miami/Dade counties
Sobel, Eleanor D S31 Broward county

ABATE of FL Palm Beach chapter would like to commend you on your attempts for legislation to make our roadways safer for all traffic and especially motorcycles. We hope that soon we will get laws banning the use of cell phones while driving as we see this as a major safety distraction issue drawing national attention. Also we would love to see that in mandatory Driver’s Education program and would work to include our motorcycle awareness program in such.

May 2011 Legislative Report

First I am sorry I did not make it to Tallahassee for the State ABATE Rally. Work wouldn’t give me the time off as I was needed to proctor the FCAT tests. I’m glad Willie stood up and was able to go and that Ramblin’ Man went and did the ride to the capital to represent our chapter. Strongbow got to visit most of our legislators’ offices to make contact. I plan to follow up that with local office visits when they are out of session. This report is going to mainly be about communicant with our legislators.

Allen West, U.S. Congress 22nd, is one of the leaders in this. When not in Washington he tries to do town hall meetings in Broward and Palm Beach. I had attended one awhile back in Jupiter and Zeke joined me. That one went very well. The ones in the south were not as smooth. I attended the one in Boca Raton April 27, and there were many in opposition to West – they were not pleasant nor social about it. Many had to be escorted out for their anti-social actions. Allen continues to inform about the goings on, especially about the economic issues. Allen West is also easy to contact and I urge ALL members to sign up for his and other legislators email notices. West sends them out often. Back at the Jupiter town hall meeting I was able to stand up and inform Congressman West about the questionable roadblock checkpoints like the Georgia ones during Florida’s Bike Week. I had followed that up with the articles about it and the legal action being taken in one in New York. Jonathan Blyth, his Chief of Staff, took the information and later sent me the following information on a bill. (so maybe my voice was heard!)

H.R.904 Latest Title: To prohibit the Secretary of Transportation from providing grants or any funds to a State, county, town, or township, Indian tribe, municipal or other local government to be used for any program to check helmet usage or create checkpoints for a motorcycle driver or passenger. Sponsor: Rep Sensenbrenner, F. James, Jr. [WI-5] (introduced 3/3/2011) Cosponsors (25) includes Allen West and even one from Georgia. ACTIONS: 3/3/2011: Referred to the House Committee on Transportation and Infrastructure. 3/4/2011: Referred to the Subcommittee on Highways and Transit.

Congressman Allen West (FL-22) announced the launch of his new Congressional website. The website will be updated daily and packed full of the latest information concerning Congressman West; including how he votes, press releases, committee work, his work with constituents and small businesses, his personal blog, contact information, his calendar and public speaking engagements, web videos and latest news articles. "My intent is for the Congressional Website to be an interactive, educational, centralized location where my constituents can be kept up to date on the work I am doing for them as their Congressional representative," West said. "This website is yet another tool to aid me in communicating with the people I represent. I encourage all of my constituents to log on to my website often and follow the work I am doing for them in Congress." Congressman West's website can be found by logging on to www.west.house.gov

I had tried to contact many Congressmen about the roadblock issue. Some would not take my emails as I was not in their district but some did. Congressman Miller of District 1 has sent me notices. Tom Rooney FL (Palm Beach and north) 16th House is another than often sends out notices. One I liked was from MY district 86, Lori Berman, who told about some bills of interest to us that she is involved with. HB689 passed Transportation and Highway Safety Committee and I quote her “HB689 is another bill I introduced to require driver’s education and driver improvement courses to address the dangers of texting while driving. This bill has only one more committee to move through – Economic Affairs. I was successful in amending the language of this bill to a larger transportation vehicle tat is gaining momentum in the House, HB1353. Similarly, HB1353 also has to go through the Economic Affairs committee before being heard on the House floor” Lori Berman State Representative District 86. Update: HB689 4/27/2011 H Placed on Special Order Calendar, 04/29/11. I sent her an email in support of this and TO support our HB403 Stiffer Penalties. Also informed her of our motorcycle education program and how should be a part of these programs. I plan to watch these bills and follow up as she may be an ally for us to get mandatory drivers education.

CS/CS/CS/HB 1353: Highway Safety and Motor Vehicles GENERAL BILL by Economic Affairs Committee; Transportation and Economic Development Appropriations Subcommittee; Transportation and Highway Safety Subcommittee; Albritton. Highway Safety and Motor Vehicles; Revises organization & operation of DHSMV; designates director of Highway Patrol as Colonel of Florida Highway Patrol; revises provisions relating to DUI, bicycles, license plates, child restraint devices, alternative procedures for disposition of traffic citation, driver improvement schools, certificates of title, electronic transactions, registration and renewal, specialty plates, voluntary contributions, temporary plates, temporary parking permit fees, salvage motor vehicle dealers, etc. EFFECTIVE DATE: July 1, 2011 4/26/2011 House • Pending review of CS -under Rule 7.19(c) • Placed on Calendar -HJ 803 • CS/CS/CS by Economic Affairs Committee read 1st time -HJ 799

FROM ABATE State Legislative
Recently the Governors Highway Safety Association released their "study" that reported a decline in motorcycle deaths, YET, they say this is only because the use of helmets has risen. And to top it off they encourage all States to mandate helmet use. hummmmm. At first glance you would think that the GHSA is directly related to all the State Governors. But, it is not...... Just so there is no confusion, please be aware that the GHSA is not an association of Governors, but a collection of state safetycrats who are formed under a 501c3 umbrella. I have had to correct many people who are duped by the misleading name of this group. Governors Highway Safety Association What is GHSA? GHSA is a 501(c)(3) nonprofit representing the state and territorial highway safety offices that implement programs to address behavioral highway safety issues.
Vision Through GHSA leadership, partnerships and advocacy, States and Territories move toward zero deaths on the nation's roadways.
Mission GHSA provides leadership and advocacy for the States and Territories to improve traffic safety, influence national policy, enhance program management and promote best practices.
Goals
Promote traffic safety as a national priority
Expand and deliver member support services
Develop new and strengthen existing partnerships
Ensure sufficient resources to support association services and priorities

State Highway Safety Office (SHSO) Members: http://www.ghsa.org/html/links/shsos.html
GHSA's primary members are State Highway Safety Offices (SHSO) that develop and implement state-level highway safety programs. SHSOs pay annual dues to GHSA based on a flat fee as well as a proportional formula that considers state population.
State and territorial governors appoint SHSO directors, who are often referred to as Governors' Representatives - or GRs. These GRs and their designated Highway Safety Coordinators make up the core GHSA membership. Associate Members: http://www.ghsa.org/html/about/assoc_members.html


3/38/11 Stiffer Penalties H403/S608 Updates

HB 403 update from the State Office:
I know that you have been busy calling and e-mailing Rep. Drake to get our HB 403 on the agenda. But at this point he has not placed it on the agenda for the House Transportation and Highway Safety Subcommittee. We all know how important it is to get passed this committee, because it will die if not passed by this committee.
Doc is busy up in Tally with talks going on up there because our Bill has a lot of support. However, we can still do a big part by keeping the phones busy and e-mails humming. I have talked to some legislator's offices that told me they have been contacted by several ABATE people this week.
I have asked a lot from you the past two weeks, but I need your help again! This time we are going to focus our calls on the OTHER members of the House Transportation and Highway Safety Subcommittee. If we can get enough people to call and e-mail them about HB 403, maybe they will convince Rep. Drake to put up the Bill so the bikers will stop calling. I have already called each members office and asked for their help in getting HB 403 on the agenda. All the office were friendly and said they would pass the message on to the Representative. This is basically what I said:

“ My name is ______, I am a member of ABATE of Florida, the State's largest motorcycle rights organization. I am calling to ask for Rep. ____ help with HB 403. It is scheduled to go to the House Transportation and Highway Safety Subcommittee, however, we are having trouble getting it on the agenda. I was hoping that since Rep. _____ is a member of that committee he/she could help us get it on the agenda. Thank you very much.”

Most asked about what the bill was about, which I explained and said they would make sure the Representative gets the information. Most said they already know about ABATE and Doc, so that made me very happy. One Representative from the Jacksonville area said they already knew about our Bill from the ABATE members there.
So, again I stand before you with my hat in my hand, asking for your help.
House Transportation and Highway Safety Subcommittee Members and what area they are from. If they are your Representative, tell them that you vote and invite them to speak at your Chapter meeting this summer!!!

Rep. Irving Slosberg EMAIL 1-850-488-1302 Boca Raton
Rep. Lori Berman EMAIL 1-850-488-1662 Delray Beach
Rep. Jeff Clemens j EAMAIL 1-850-488-0260 Lake Worth

Thanks, I know we can do this!

Darrin "Scribe" Brooks, State Legislative Trustee, ABATE of Florida, Inc.

Hey it works, I got a note back from Berman with note “If you are a resident of District 86 and you have a pressing issue or are seeking immediate assistance, please contact my office at 561-266-6645. Thank you. Sincerely, Lori Berman” - so if you are in Delray as I am, call her also. Email AND call these reps, I have. Slo Motion. Meanwhile things are going over better in the Senate. From State Office:

SB 608 continues to roll through the Senate as it passes the Senate Criminal Justice Committee with a vote of 5 – 0. Doc again testified before the committee. You can listen to the pod cast of the meeting at Site and click on the pod cast link for the 3/22/2011 meeting. Our bill comes up at the 1 hour and 9 minute mark in the program, so you may just skip to that section.
Doc told me that the Senators commented that they have received HUNDREDS of calls from ABATE members about this bill. Our voice is being heard in the Senate and I thank each one of you that have called and/or sent an e-mail to the legislators. We just have to keep this ball rolling until it passes. Then we can start calling the Governor!!!
SB 608 will now be heard in the Senate Budget Committee. This committee is HUGE with 20 Senators sitting on it, so there is a good chance that your Senator will be on this one. As you know, a constituent calling to ask for support carries a little more weight. My Senator is on this, and I have already spoken and e-mailed his office asking for support of SB 608.
Here are OUR Members of the Senate Budget Committee. Let's let them hear our voice!!!

Sen. Joe Negron (Vice Chair) EMAIL 1-850-487-5088
Sen. Lizbeth Benacquisto EMAIL 1-850-487-5356
Sen. Ellyn Bogdanoff EMAIL 1-850-487-5100

Darrin "Scribe" Brooks, State Legislative Trustee, ABATE of Florida, Inc.


2/20/2011 Legislative/Delegate Report

I’ve been watching the Internet for motorcycle news with things like Motorcycle Examiner and Google Alerts so later here I list some of the important and strange things I’ve found. If you follow the news, in January two local riders in different accidents were killed by cagers failing to yield right of way. So how important is it for ABATE to get its’ Stiffer Penalties bills (S608, H403) finally passed? These bills will mostly likely be modified as were last year during their legislative journey and that can be expected as long as it passes. They even wanted them stronger last year!

At the February State ABATE there was a long discussion of the “Road Rage” bill S244. It will most likely pass as have similar bills in other stages. I’ve thought long and hard on it as I drive and have come to the conclusion I am not in favor, I do like the idea of ticketing traffic impeders, but it is vague, only deals with 2 lane roads (I think it is more of a problem with 3 lanes), and mostly unenforceable. Here I think our slogan, EDUCATE DON’T LEGISLATE, is a better answer. We all know how bad drivers can be here, they MUST be educated. Let’s make Drivers Education MANDATORY in schools and include our safety program. Perhaps new state license and traffic violators should be forced to take a course like we do for our motorcycle endorsement. Getting my vehicles' registration renewals reminded me how wrong it is for drivers to only be road tested in parking lots as that is ALL it proves they can do!

A bill has been proposed to repeal last year's red light cameras as many legal issues have arisen.

I had the opportunity to speak with Congressman Steve Perman’s aide as he wasn’t able to make the meeting himself. I found Daniel Rogers to be very knowledge and understanding of our issues. I think with him and that Perman is also a rider we should have a good relationship with District 78.

I have the week March 14-19 after Bike Week off from work so I am planning on meeting with as many of our legislators as possible as my job only allows me after 4 pm so hard to arrange. Anyone that wants to join me, let me know.

Our U.S. Representative Allen West (Dist. 22) has made a point to get back to his contingents with town meetings during session breaks. His recent one in Pompano Beach made news and video from the Shark Tank story follows - “At a townhall meeting hosted by Congressman Allen West on Monday evening in Pompano Beach, the Q&A segment of the meeting featured a Koran wielding Nezar Hamze, Executive Director of the Council for American Islamic Relations (CAIR). Hamze confronted Congressman West and asked him to point out where in the Koran does it give marching orders to Muslims “to carry out attacks against Americans and innocent people”. West quickly pointed out that the Koran was written long before America even existed and that it does indeed tell believers to kill infidels, and then proceeded to chronicle a lengthy list of historical Muslim acts of aggression. Congressman West closed his retort by referencing the Fort Hood shootings and 9-11 attacks, saying that his first hand experiences on the battlefield has given him insight into the tactics that Islamists use before telling Hamze not to “try to blow sunshine up my butt” with his criticism of him. West took offense to Hamze’s amateurish criticism of his stance on radical Islam and concluded by telling Mr. Hamze to “put the microphone down and go home.”” Now I attended the Tuesday night meeting in Jupiter with Zeke and Izzie, and there was not such excitement. I did see Loop from ALR 368 and a few other independent bikers. I did get up towards the end of the question session. I said it was good to see him on the Congressional Motorcycle Caucus and told him of federal spending by the National Highway Traffic Safety Administration’s (NHTSA) giving states grants to fund motorcycle only roadblocks, how those in New York are being challenged as unconstitutional and discriminatory action against motorcyclists, and from the ABATE press release how Georgia is planning on doing them at same time as Daytona Bike Week. This will very likely have a negative economic affect on that area. I gave his Chief of Staff the three articles and he said he would look into it.
I do plan on attending more of his townhall meetings and I think we all should.

Congressional Motorcycle Caucus gains new member
AMA Press Release February 15, 2011
The Congressional Motorcycle Caucus has a new member: Rep. Allen West (R-Fla.), the American Motorcyclist Association (AMA) reports.
West, a new member of Congress, joins others in the bipartisan group that works to promote safety for motorcyclists.
Reps. Michael Burgess (R-Texas) and Gabrielle Giffords (D-Ariz.) are the caucus co-chairs.
"I'm very pleased to be able to join the Congressional Motorcycle Caucus to work with my esteemed colleagues on issues related to motorcycling," West said. "I'm hopeful that I can make a valuable contribution to the efforts of the caucus."
Ed Moreland, AMA senior vice president for government relations, added: "It's great to have Rep. West join others in the House in their effort to ensure that motorcyclists aren't forgotten on Capitol Hill. We look forward to working with Rep. West, and the entire caucus, for years to come."
James Holter

From Google Alerts for motorcycle and Motorcycle Examiner:
* “A man is dead after he crashed his motorcycle into a cow in the Tampa Bay area.” I’ve found stories of being killed hitting a deer so it’s now just not cars we have to watch for.
* Indian motorcycles are showing new models at 2011 Indianapolis Dealer Expo – guess they are not dead after all
* Motorcycle Safety Foundation (MSF) announced plans today to kick off its The MSF 100 Motorcyclists Naturalistic Study, which intends to data on factors contributing to both crashes and near-crashes. The study will be conducted in three states, California, Virginia, and Florida, with recruitment of riders beginning in April in Virginia
* Other states (Oregon, Nebraska) appear to have bills presented to allow no helmets.
* With gas prices rising, drivers are looking for ways to reduce the amount of money they spend at the gas pump. And one way to significantly reduce the amount of fuel used for your daily commute to and from work is to take a motorcycle. Motorcycles consume 56 percent less fuel per mile traveled than cars and they typically average 40 to 75 mpg, according to the U.S. Department of Transportation.
* The electric Zero motorcycle has been getting press.
* 2 stories from Edmonton Canada – Man successfully fights motorcycle noise ordinance and the sity providing free motorcycle parking downtown
* Motorcyclists across the nation are awaiting a decision from the U.S. District Court for the Northern District of New York which they hope will declare New York's "motorcycle only" roadway checkpoints to be unconstitutional.

Yahoo News report on Federal Govt.
“By ANDREW TAYLOR, Associated Press – Sat Feb 19, 12:30 pm ET
WASHINGTON – The GOP-run House, jolted by freshmen determined to drive down the deficit, snatched $61 billion from hundreds of federal programs while shielding coal companies, oil refiners and farms from new federal regulations. …..
The heavily subsidized ethanol industry absorbed a pair of defeats. One blocks the agency approving boosting the amount of ethanol in most gasoline to 15 percent.”

I thought this was important as has been brought up at ABATE state meetings that the addition of ethanol is not good for engines and causing more service issues – Slo Mo

1-25-2011 Chapter Legislative Report

I’ve started my campaign of visiting our legislators with Dr. Perman district 78 to be February 1. I’ll be contacted other offices to do same. It would be great to take some people from the District to the meeting, so if you are interested in going with me let me know by phone or email (available in newsletter, also online). On my ABATE legislative email I got the Rooney Report email from U.S. Congressman Thomas J. Rooney District 16. Don’t remember signing up for it but a good idea to do more.

OK, now for the big news. I was checking on bills and found that our “Stiffer Penalty” bills have been filed.
S608 by Evers (Similar H 0403 by Baxley) Traffic Offenses; Provides criminal penalties for a person who commits a moving violation that causes serious bodily injury to, or causes or contributes to the death of, a person operating or riding in a motor vehicle or operating or riding on a motorcycle. Requires that the person pay a specified fine, serve a minimum period of incarceration, and attend a driver improvement course. Requires the court to revoke the person’s driver’s license for a specified period, etc.

Traffic and other bills to watch. So far only one for cell phones. Note that I have made my comments in italics for some.

HB 79 Use of Wireless Communications Devices While Driving Now in Transportation & Highway Safety Subcommittee. Creates "Florida Ban on Texting While Driving Law"; prohibits operation of motor vehicle while using wireless communications device; provides for enforcement as secondary action; provides for assessment of points against driver's license for unlawful use of wireless communications device resulting in crash.
I saw in the news following the Steelers-Jets playoff about a cell phone app that parents could buy for $5 to prevent cell while driving. So here is the proof of the technology that we feel should be auto installed in all cell phones!

HB 149 - Traffic Control Signals by Ahern. Requires manual of uniform traffic control devices published by DOT to provide for yellow light display durations based on traffic approach speed; requires traffic control signals to maintain such yellow light display durations.
With the red light cameras, I think this is necessary to set and make public length of yellow. I’ve heard supposed to be one second for each 10mph posted speed limit, but I counted and few are.
HB 109 - Public School Buses by Nelson: Provides for district school board policies that authorize commercial advertisements on school buses; provides policy requirements relating to reimbursement to school district, prohibited advertisements, & signage & equipment standards; requires school bus to be withdrawn from use under certain circumstances; provides indemnification from liability; provides for remittance & allocation of revenue.
(Would be great for Watch for Motorcycles!!!)
HB 347 Vehicle Crashes Involving Death by Bovo (Miami) Cites act as "Ashley Nicole Valdes Act"; requires defendant who was arrested for leaving scene of crash involving death to be held in custody until brought before judge for admittance to bail in certain circumstances. SB 514
HB 329 Motor Vehicle License Plates
by Gibbons Prohibits text & symbols from being added to word "Florida" imprinted on license plates; directs DHSMV to print graphic symbol of license plate to side of imprinted letters or numerals on personalized plate upon request & payment of specified fee.
HB 295 Driving with a License that is Canceled, Suspended, or Revoked Creates "Saving Lives Through Safer Roadways Act"; requires law enforcement officer to impound or immobilize motor vehicle upon issuance of citation or arrest of person for offense of driving while person's driver's license or driving privilege is canceled, suspended, or revoked. Related Bills HB 181 Driving Without a Valid Driver License; HB 425 Driving Without a Valid License
HB 375 Veterans' Day Requires school districts to observe Veterans' Day; prohibits holding classes on that day; provides exception; requires date of Veterans' Day observance to correspond with federal holiday.
HB 419 Required Instruction in the Public Schools by Bileca Revises curriculum of character-development program required in kindergarten through grade 12.
Wonder if he would be open to mandatory Drivers Ed?
HB 4019 Traffic Offenses by Workman. Repeals provision that prohibits motor vehicle coasting on downgrade.
Didn’t even know that was illegal.

What are our reps doing? Interesting to see what some are up to and who we might want to talk to about issues.

By Abruzzo 85 HB 77 Internet Poker, HB 75 Sexting, HB 215 Emergency Management, HB 269 State University Fee Exemptions; HB 513 Missing Adults
Kiar, Abruzzo HB 349 Physical Education in Public Schools Revise requirements for waiver of student participation in physical education; authorizes waiver through submission of doctor's note specifying health reasons for nonparticipation.
Drivers Education usually falls under PE, wonder if could get them interested in mandatory Driver Ed?
By Kiar 97 HB 169 Vessel Safety; HB 481 Student Safety
By Pafford 88 HB 171 Veterans' Affairs; HB 337 Domestic Partnerships (SB 348),
By Perman 78 HB 267 Nursing Home Diversion Program; HB 339 Possession of Stolen Credit or Debit Cards
by Slosberg 90 HB 315 School District Revenue Enhancement; HB 515 Driver's Licenses Creates "Mature Drivers Act"; revises age requirements for issuance of driver's licenses & learner's driver's licenses. Wonder if he would be open to mandatory Drivers Ed?; HB 4085 Motor Fuel Marketing Practices Act Repeals Motor Fuel Marketing Practices Act, to terminate regulation of such practices under that act.
by Rooney 83 HB 495 Emergency Fire Rescue Services and Facilities Surtax Revises & limits authorized uses for which proceeds from emergency fire rescue services & facilities surtax may be expended; requires that any review required by ordinance or local agreement to determine continued need for imposition of surtax begin within certain time after imposition of surtax or completion of prior review.; HB 497 Pharmacy Prohibits ownership, operation, maintenance, opening, establishment, conduct, or having charge of pharmacy at locations within specified radius of certain pain-management clinics; prohibits dispensing practitioners who own, operate, or are employed by certain pain-management clinics from dispensing at certain locations specified controlled substances prescribed for patients at such clinics; provides penalties.
I think this is about the prescription pill mills that I’ve seen in news. While Dave Aronberg lost in attempt for Attorney General bid, I see he was hired to head the attack of the prescription fraud factories.

Slo Motion


Chapter Legislative Report 1/10/11

I have been working to improve on Legislative Web pages. Finally gotten all the new office information on. Be sure to follow the District site links as lots of information are there including detailed distict boundaries.

With all the political changes after the elections there isn’t much action at this time. The ABATE board feels that these changes will likely prevent any national helmet law as there are so many other important issues to be dealt with. In fact the rumors of a bill presently introduced are not founded. Since now all the Transportation Committees have biker friendly representation we should be more aware of what is going on.

The stiffer penalties bill is being rewritten and will be introduced in the state legislature. I hope they will even play down the motorcycle aspect, going for overall ALL vehicles like last year so there will be a less likely chance of someone killing it. I also heard more cell phone bills are being planned. While at the Toys in the Sun Run I saw an insurance table with the students of Cooper City signed a pledge not text while driving. They even gave out rubber rings with TXTING Kills. I’ve seen Beacon TV, Broward schools channel, airing the Parkland students who got the local anti-texting law. But that was overturned. Even Sprint is pushing not texting while driving and other billboards have been sighted. National attention has been on the Opra show, the Jonas Brothers concerts and other areas. With all the national attention texting and driving has been getting, it sounds like a National Texting Bill is in the works. This would be good as it hasn’t had much luck in Florida. And texting would be a start. Since other states with the law report people hiding phones to use, that might lead to more cell phone driving bans. So since local and state legislation hasn’t worked maybe a national policy is needed.

Next ABATE state meeting is February 12 in Clermont. Come see how are meetings are not as long, it is always a good time to meet other chapters and make friends. The Days Inn rooms are only $39 and where the meeting is.

Dan "Slo Motion" Henderson


 
 
 
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