April 29, 2000

The 2000 session of the Florida Legislature enters it's final week when it returns Monday May 1, 2000
HB0117 is listed as the 45th Bill to be heard on Monday.  Depending on the debate on the bills heard before it, it may make it to the floor late in the session.

I have found an outstanding way to contact senior legislative members by the Internet.  It seems that in the legislative session 2000, the Florida House of Representatives and the Florida Senate, in conjunction with the Office of the Governor, are undertaking a comprehensive review of the Florida Statutes in an effort to streamline and reduce the operations of government and repeal those statutory sections of the Florida Statutes that are obsolete, duplicative, inoperative, or no longer serving the function for which the statutes were first enacted.  Now, doesn't Florida's helmet law fit at least one of those categories?

They have a survey form that we can fill out to let them know what statutes we would like repealed.  So here's what we need to do.  Click on this link.  http://www.leg.state.fl.us/survey/rules/
It will take you to the repeal survey form.  The survey itself is 4 questions.

The First thing they ask is, “what is the subject matter of the statute??  That's easy, Florida's Helmet Law.  Next question, “what is the statute.”  The Helmet Law statute is 316.211.  Next question, “is the statute (check one):
        a) obsolete
        b) duplicative
        c) inoperative
        d) no longer serving its original purpose
        e) other, Explain”
Everything except "b" may apply to Florida's helmet law.  I picked "e" and typed in "unconstitutional."

The last question is, “briefly describe the basis for repeal of this statute.”  I put, "to increase the personal freedom for Florida's citizens, to reduce injuries in a motorcycle crash.  Repeal of this statute will not affect federal funds."

The best part about this survey is it will go to the people that need to see it now, the Speaker in the House, the President of the Senate, the The House and The Senate Rules & Calendar commtties and in the House, the Procedural Council.  A lot of bang for taking a simple survey.  They do not ask for your email address.

Take this survey and pass it on to everyone you know.  Cut and paste this update and email it to everyone you know.  It would be a dramatic showing if hundreds or thousands of this survey were suddenly submitted.
 

April 27, 2000

I have just confirmed that no Bills, in either the Florida House of Representatives or the The Florida Senate, will be heard for a third reading until Monday, May 1, 2000.  This gives us a little extra time to make the necessary telephone calls and write the necessary letters to our local legislators in both chambers the House and the Senate.  Please make sure you use this additional time to let them know how you feel.  As I said before, if you have not contacted you House or Senate Legislator, now is the time to do it.  Please continue to read the earlier update.

April 27, 2000

HB0117 remains positioned as the 43rd bill to be heard on it's third reading.  There is an Amended Special Orders calendar scheduled for the Afternoon of Thursday, April 27 that will begin at 1:30 PM so it is unlikely that HB0117 will be heard today.

After such a resounding victory in the Florida House of Representatives, it is now difficult just to sit and wait to see what will happen.  And sitting and waiting is something we should not be doing.  Up until this point most of the action and efforts has been directed at the House.  We are seeing some of the benefits.  It now seem likely that HB0117 will pass the House and will be taken up in the Florida Senate.  And therein lies our biggest battle of this legislative session.

The motorcycle community is still stinging from the Senate Committee on Banking and Insurance adding on the $100,000 amendment.  The loss of a few supporters such as Senator Sebesta still hurts.  These concerns and others come to the forefront now that we are closer to action on the Senate side.  Does this mean we are in for a bigger battle in the Senate?  Yes it does.  Does this mean we should sit back and worry about what will happen?  Hell no!!  We need to act!

Call or email your State Senator and ask that they support HB0117 when it comes to the Senate Floor.  Let them know how overwhelmingly the discriminatory amendment was defeated in the Florida House. If you have contacted them before and they agreed to support the Bill, contact them again and let them know you are counting on their yes vote.  If they are against the Bills ask them to reconsider.  Give them facts about helmets.  Tell them about the Florida Traffic Crash Facts.  If you haven't contacted your State Senator in the past now is the time to start.

House Bill 0117 has almost taken on a life of its own.  It has steam rolled through the House where it faces only one more vote.  Then it will move on to the Senate.  It's progress is certainly not an accident nor is it self propelled.  Doc Reichenbach, the president and paid lobbyist from ABATE of Florida , Inc. is in Tallahassee working to get legislators to vote for the bills.  The sponsors and co sponsors in both the House and Senate are talking the bill up and meeting with there colleagues.  Now we must all join and add our voices to theirs and to everyone who has fought to get this far.

There is a lot of optimism in this update, but we are by no means there yet.  Your grassroots efforts in contacting your legislators are still required.  Crossing the finish line first really does depend on what we do as a group from this point forward.
 

April 26, 2000

The house recessed today without taking up HB0117.  Most likely, HB0117 will be retained on the schedule to be taken up along with the bills on third reading tomorrow.  As soon as the Rules & Calendar Committee releases the House schedule, I will let you know where the bill is positioned.

I spoke with Representative Arnall's office earlier about his substitute amendment.  His legislative assistant let me know that the amendment was withdrawn and in fact, Representative Arnall voted against Representative Bloom's amendment.  It was also interesting that Representative Gay, who spoke during the debate and said he would feel more comfortable with $50,000 or $100,000 limits of insurance also voted against the amendment.

Do you have any comments or opinions about this issue you'd like to share?  Let us know them by posting them on the Voice Your Opinion page.  There has been some really good debate going on there.  When you get some time, read what others have to say.
 

April 26, 2000 1:15 PM

Earlier today I reported that Representative Joseph Arnall offered an amendment to increase the insurance on HB0117.  This amendment was actually a substitute amendment to Representative Blooms amendment, raising the insurance another $5,000 to $100,000. After speaking with the Rules & Calendar Committee, I am happy to let you know that it was my misunderstanding and that Representative Arnall's substitute amendment was withdrawn.  No further amendments are expected to be offered on HB 0117.

How did your House Representative vote on the $95,000 Question?  Click here to Find out.

April 26, 2000

HB0117 is the 43rd bill to be heard today for it's third reading and vote.  The chances are fair that it will be heard today.

How did your House Representative vote on the $95,000 Question?  Click here to Find out.
 

April 25, 2000

Today, at about 5:20 PM HB0117 was finally taken up on the House floor and rolled over to its third reading.  An amendment introduced by Representative Elaine Bloom that required $95,000 of medical insurance was handily defeated by a vote 81 no, 24 yea.

After watching the sponsor and cosponsors of HB0117 in action on the floor of the Florida House of Representatives, I can tell you that we are in good hands.  From his start to his finish, Representative Dave Russell made his points perfectly clear: Motorcyclists are not a burden to society.  Helmets hurt more then they help.  As adults, we can be trusted to make our own decisions.  So sure and confident of his facts was he that, he was able to tell the house they didn't need the 10,000 insurance policy but, to make some in the house more comfortable with this bill, he'll give it to them.  But he still made his point clear, motorcyclists are not a burden to society.

HB0117 was on the floor for about 40 minutes and was one of the most heavily debate bills of the day.  The questions and debate on the amendment came fast a furious as cosponsors and others arose to assist Representative Dave Russell is removing this discriminatory amendment offered by Representative Bloom.  Among those that asked questions or who offered debate for the bill and against the amendment were:

Representative Dave Russell
Representative Sally Heyman
Representative Rudy Garcia
Representative Willie Logan
Representative Kelley Smith
Representative John Rayson
Representative Nancy Argenziano

Representative Argenziano was especially effective in an emotional but convincing argument for the Bill.  Both Representative Rayson and  Representative Argenziano pointed out that automobile drivers are the cause of 70% of motorcycle accidents and it's time for them to pay their actions.

Speaking against the Bill and for the amendment were:
Representative Greg Gay
Representative Frank Farkas
And Representative Elaine Bloom

Those asking helpful neutral questions were:
Representative John Morroni
Representative Josephus Eggelletion

It is very important that no matter what district you are in, you contact those that supported the bill and thank them for their hard work in getting us this far.  Contact those who asked the neutral questions and thank them for helping get the facts out in this issue.  Then contact those that were against us and thank them for participating in this issue and ask what we can do to get them to vote yes on HB0117.

We are now set for the third reading and the final vote on the Bill.  It can come at anytime and as soon as tomorrow.  I will try to provide you whatever notice I can.  What I asked you to do is to contact your Florida House Representative by telephone or email and ask them to vote yes on HB0117.
 

April 24, 2000 - Important, pass this on to everyone you know

HB0117 was not taken up during today's session of the Florida House of Representatives.  HB 0117 was again placed on the Special Order Calendar scheduled for Tuesday, April 25, 2000.  If the House takes the bill up tomorrow, it will be in the last quarter of the session since there are about 40 bills to be taken up before it.  The House will meet from 9:20 AM until 6:00 PM

Does Florida's beach community believe in the Social Burden Theory?  You might think so when you find that Representative Joseph Arnall who is also the Chair of the important Rules and Calendar Committee and Representative Elaine Bloom, together have put together an amendment that will replace the $10,000 insurance requirement in HB0117 with a $95,000 requirement.  Representative Arnall is from House District 18, which includes Jacksonville Beach, and Representative Bloom is from House District 106 and includes Miami Beach.  The amendment ID #742217 was put on the bill on April 19 when it was on the Special Order Calendar.

The only way to remove this amendment is for the authors to withdraw it (which will not happen) or, have the House members vote no on the amendment.  I spoke to Representative Dave Russell's office this morning about this amendment.  Although they are disappointed about the amendment, they still feel it will be defeated on the floor.  Representative Russell is the sponsor of the bill in the Florida House.

There is little time left to act, but act we must.  There's not much more anyone can ask you to do at this point but what you do, will help decide how far this bill goes this year.  Even if you have already written or spoke to your House Representative in the past the message today is different.  Dear Representative, please do not allow a discriminatory amendment asking for exorbitant insurance coverage on HB0117 and, pass HB0117 without  any amendments.  Do not write a letter.  Call your House Representative in Tallahassee and let their aide know how you feel or send you comments in an email.  It cannot take more than a couple of minutes and it may make the difference on how the bill progresses.
 

April 24, 2000

This week should be a very telling week for Florida Motorcyclists. The Florida House of Representatives will begin to hold all day sessions to bring bills to the Floor for debate and vote. Today the House is scheduled to meet in session from 1:00 PM to 4:30 PM, but the remainder of the week it is scheduled to go from 9:20 AM to 6:00 PM.

Let me again give you an idea of what will probably take place. HB0117 is waiting for it's second reading.  Once it is read a second time, 24 hours later it is eligible for the third reading, debate and a vote.  Generally, the second reading is a done deal and not much in the way of debate takes place.  If it is a controversial bill, debate can last all day, slowing down the progress of the bills being heard  Any bill may be amended at the second and third reading.  Any member of the House may offer an amendment, which must be voted on by the entire House.  This can be a simple voice vote.  When House Bill 0117 passes the House, it will be sent over to the Florida Senate.  Because of the damaging and discriminatory nature of the amendment on SB0126, Senator Burt Saunders is expected to take HB0117 to the Senate floor for a vote.

I'm not certain what to expect in the House today.  Although I have been told that HB0117 is on the Special Order Calendar for today, I do not see it listed by the Rules and Calendar Committee on the Special Order Calendar.  Regardless, HB0117 can come to the floor at any time.  ABATE of Florida has also said that there is a House Representative, no name mentioned, that is waiting for the bill to come to the Floor so he can add an amendment on the bill requiring $95,000 of insurance coverage.  I was able to confirm this with Representative Dave Russell's office.

The message we need to send now is of the greatest importance and we need to respond to the threat of this amendment immediately:

Dear Representative, Please vote NO on any amendments offered on HB0117.  Please vote YES on HB0117 to restore my freedom of choice.

There's not much more anyone can ask you to do at this point but what you do, will help decide how far this bill goes this year.  Even if you have already written or spoke to your House Representative in the past the message today is different.  Dear Representative, please do not allow a discriminatory amendment asking for exorbitant insurance coverage on HB0117 and, pass HB0117 without  any changes.  It's a simple Email to send or call to make.  It cannot take more than a couple of minutes and it may make the difference on how the bill progresses.
 

April 19, 2000

House Bill 0117 was left standing at the alter again today when the Florida House of Representatives did not take it up for the third consecutive time.  The Bill was retained on the regular calendar.  I was told by the House Rules & Calendar Committee that it is unlikely that HB0117 will be read for a second time during the general session on Monday April 24, 2000.

At this point things become a little accelerated in both the House and the Senate.  We will have even less notice about when the bills will be heard and what actions are to be expected.  On the House side, sessions will now be full day sessions until May 05, 2000.  The Rules & Calendar Committee will still schedule bills to be heard but the Special Order Calendar will now be published with only 24 hours notice.  The little warning we had concerning the actions regarding the HB0117 will now be even less.

On the Florida Senate side, they will begin having full day sessions on Wednesday April 26, 2000 until May 05, 2000.  The Senate is still waiting for HB0117 to be passed by the House of Representatives.  When this happens, HB0117 will be sent over to the Senate for a vote.  Should HB0117 not show movement in the House soon, then the Senate should start to move SB0126 to a vote.  Keep in mind that the $100,000 insurance amendment needs to be voted on separately by the entire Senate.
 

April 18, 2000

The Florida House of Representative did not take up HB0117 during its session earlier today.  The Bill was again placed on the special order calendar for tomorrow, April 19, 2000.  At this point it is the 17th bill to be taken up at the last session before the Passover/Easter holiday.  Tomorrow's session is scheduled for 9:50 AM until 12:00 Noon.

17 Days remain in the 2000 legislative session.  Have you contacted your legislators?

Click here to read an email I received Tod in Ft. Myers.  It deals with his response to the Orlando Sentinel regarding their editorial.  Hopefully others have written a similar letter to the Sentinel and have sent letters like this to their legislators.
 

April 13, 2000

Recently, I received a copy of an editorial that appeared in the April 6th edition of the Orlando Sentinel.  I wanted to share this with you so you may see what the opposition is doing to prevent passage of HB0117 and SB0126:

Keep those helmets on

Published in The Orlando Sentinel on April 6, 2000.

If Gov. Jeb Bush keeps his pledge to repeal the law that requires motorcyclists to wear helmets, what will he tell the families of those who die because they foolishly decide to tempt fate?

That scenario is sure to unfold if Florida's helmet law is sacrificed to the whimsy of a few motorcyclists who miss the wind blowing through their hair.

For the first time in years, a bill that would let motorcyclists decide whether or not to wear a helmet appears headed for a vote in both houses of the Florida Legislature.

It's simply an issue of personal freedom, supporters say.  The highest courts in more than 25 states, as well as the U.S. Supreme Court, though, have decided that helmet laws violate no personal freedoms.

The facts regarding helmet use are starkly sobering. Helmets save lives, reduce the severity of injuries and fatalities, and save taxpayers a bundle. Consider:

Riders who doff their helmets are 40 percent more likely to incur a fatal head injury in a crash, according to the National Highway Traffic Safety Administration. From 1984 through 1997, helmets saved 8,474 lives. And 6,817 families could have been spared the anguish of losing a loved one if all motorcyclists had worn helmets, the NHTSA estimated.

The public cost is staggering. Legislative negotiators say the bill now being considered would offset the public cost of motorcycle crashes by requiring helmetless riders to carry insurance -- $10,000 in the House bill or as much as $100,000 in the Senate version.

A 1991 study by the U.S. General Accounting Office, though, reported that a surviving motorcyclist with a critical head injury incurs an average of $171,000 in medical and convalescence costs in just the first year. The long-term cost averages $300,000.

Federal studies show that private insurance pays for about 66 percent of the cost of inpatient care for motorcycle-crash victims. But everyone picks up a part of that tab in the form of increased insurance premiums. Taxpayers are saddled with about 22 percent of the health care costs.

On a larger scale, the NHTSA estimates that more than $7.5 billion was saved between 1984 and 1995 because of helmet use. An additional $6.8 billion most likely would have been saved if all motorcyclists had worn helmets.

Florida is particularly attractive to motorcyclists because of its flat terrain and idyllic weather.  Thousands of bikers recently attended Bike Week in Daytona Beach.  During that celebration, however, a record number of motorcyclists died.

If lawmakers and the governor repeal Florida's helmet law this session, it will only be a matter of time before that record is shattered.

What will they tell the families?

[Posted 04/05/2000 9:36 PM EST]

Even though the facts are extremely distorted in the article, it is nonetheless being touted as a truth.  The motorcycle community needs to respond to this editorial and respond in great numbers.

Respond first by calling and writing you Florida House Representative.  Give them the facts and ask that they vote yes when HB0117 comes to the Floor of the House.  Then do the same with your State Senator.  Finally, no matter where you live in Florida, send a response to the Orlando Sentinel.  Let them know that is it of no benefit to provide the public with erroneous information from an organization (NHTSA) that presents biased information.  Let them know no one has the right to infringe on your Personal Freedom.  Finally let them know that Florida's motorcyclists are not in the position we are in now because of PAC contributions or special favors.  We are about to have Bills voted on due to a hard working grass roots movement.  Governor Bush does not need to say anything.  The motorcyclist of Florida are speaking.
 

April 12, 2000

House Bill 0117 did not make it to the floor of the House Of Representatives today.  It will remain on the Special Order Calendar for the next House session.  There will be two half day sessions next week.  One on Tuesday April 18 and one one Wednesday April 19.  Should HB0117 be read a second time on Tuesday then there's a good chance of a floor vote on Wednesday.  As of Today there are only 12 Bills that are awaiting the third reading.  Keep in mind that the Bill can be amended by anyone at either of the next two readings so your contacting needs to be done now.  Please read the April 10 update to learn what you need to do.
 

April 10, 2000

The Rules Committee has placed House Bill 0117 on the Special Order Calendar for Wednesday April 12, 2000.  Most likely the Speaker will ask for the bill to be read a second time.  A floor vote may happen but is unlikely.  According to the Florida Constitution, Artical III, Section 7- passage of bills, Any bill may originate in either house and after passage in one may be amended in the other. It shall be read in each house on three separate days, unless this rule is waived by two-thirds vote.  HB0117 has not been read a second time.  Unless the rule is waived we will need to wait until the next scheduled session for a vote.  The session this Wednesday is the only session scheduled for this week.  Next weeks schedule has not been determined.

As you can see little notice is given when Bills are scheduled for the session.  The Rules Committee did not finish this session's schedule until 6 PM today.  Because of this you need to be contacting your House District Representatives asking them to support HB0117 when it comes to the floor of the House.  If you haven't contacted them yet, do it now.  All the information you need to contact them is here on this site.  There are even sample letters for you to copy and paste or maybe give you some ideas.  Ask your family, friends neighbors and co workers to help by contacting their representative.

Share this information and this website with your family friends coworkers and neighbors.  This website is geared mainly to Internet users but many people are not on the net.  Let these people know what is going on and what they need to do.  Give those that are on the internet this website address so they can become more aware of the issues and what needs to be done.  Remember you don't need to have a motorcycle to be concerned about personal freedoms.

If HB0117 can get through the House with no amendments then is can be voted on in the Senate and we won't have to deal with the $100,000 amendment on SB0126.  Now is the time to make a difference.
 

April 07, 2000

HB0117 was placed on the calendar.

We are almost 2 weeks ahead of last years pace with the Transportation & Economic Development Appropriations Committee moving HB0117 through their committee.  Last year HB0457 did not clear the final committee until April 19, 1999.  In the Senate in 1999, SB0958 cleared its last committee on April 21.  Is this a reason to celebrate?  Not hardly.  If you remember last year, the bills never made it to the floor of either chamber and died on the calendar.  Can that happen this year?  Only if you let it happen.

If you want these bills to pass you need to write four letters.  The first letter is to your House Representative.  The content of this letters is simple.  “Please vote to pass HB0117 when it comes to the floor of the House of Representatives.”  The next letter is to your Senate Representative.  First, ask your Senator to vote no to the floating amendment that would require $100,000 of insurance.  Then, ask your Senator to vote to pass SB0126 when it comes to the floor of the Florida Senate.  The final two letters go to the Speaker of the House, John Thrasher and to Toni Jennings, the President of the Senate.  Simply request that the respective bills in the House and Senate be presented for a vote in their respective chamber floor.  You can make the requests mentioned above either by letter, email or by telephone.  It is now up to you.  To find your legislator Click here.  To get sample letters click here.

Are you registered to vote?  Click here to begin the process.
 

April 05, 2000

House Bill 0117 passed it's final committee, the Transportation & Economic Development Appropriations Committee, by an 8 to 2 Margin and with no amendments.  Voting against the bill were Representative Larry Crow from Florida House District 49 and Representative Alzo Reddick from Florida House District 39.  Voting to pass the bill through committee were:

Chairman, Jim Fuller
William Andrews
Howard Futch
Lindsay Harrington
Chris Hart
Randy Johnson
Dave Russell
Kelley Smith

When I spoke with Representative Dave Russell's aide concerning HB0117, Doc Reichenbach the president of ABATE of Florida, Inc. and the paid lobbyist working the bill, happened to be there and told me that there was strong opposition against the bill.  He also told me that Representative Russell,  the author of HB0117, will attempt to place the bill on the special order calendar some time today.
 

April 04, 2000

As expected and with little forewarning, HB0117 is on the committee agenda for the Transportation & Economic Development Appropriations Committee for April 05, 2000 at 8:00 am.  Of the 12 members on this committee, five are co sponsors of the Bill.  You need to immediately call or email those members that are not cosponsors and ask for their support to pass HB0117.  If you are against the insurance clause then ask the members of the committee to amend HB0117 to remove the insurance requirement.

About 300 motorcycles filled the Capital courtyard in Tallahassee as motorcyclists from all over the State came to lobby for helmet modification.  While this number was small compared to actual number of registered motorcycles in the State of Florida (229,684) it no less seemed too please ABATE leaders whose organization sponsors the annual event.

Among the speakers at the event were Representative Dave Russell, the sponsor of the HB0117 in the Florida House of Representatives, and Representative Nancy Argenziano, a past sponsor and a current cosponsor of the Bill.  Also from the House of Representatives was co sponsor Representative Sally Heyman, who this year participate the run and was in full biker regalia, helmet and all.  Senator Burt Saunders, the sponsor of the SB0126 in the Florida Senate gave a short speech concerning the issue and said, “If we don't win this year we will win next year.”  After a surprising chorus of boos from the crowd he returned to say, “What I meant to say was we will win this year.”  Doc Reichenbach, president ABATE of Florida, Inc. and paid lobbyist, received much praise from all the speakers for his efforts in getting support for the bills from the legislators.  In his speech he hinted that the issue of insurance is not acceptable and will be dealt with in future legislation.  More to come….