Volume 3 - Issue 8 - September 2008
Wish you were here!
The best alarm clock is sunshine on chrome.
In This Issue
President’s Message...................................................................................................... 3 Meeting Minutes........................................................................................................... 4 Membership Update...................................................................................................... 5 Chapter Calendar.......................................................................................................... 7 Trading Post................................................................................................................ 10 HB 137 Explanation by Mike “Radar” Price.............................................................. 14 1
Letter from the Editor
2008-2009 Board of Directors President:
Please allow me to extend my sincere apologies for the lateness of this newsletter. I’m sure each of you know how crazy your life can get while moving. But now everything has been moved and put up (mostly) and life can get back to normal.
Mike Johnson • (850) 997-6184 email@example.com
Vice President: Chris Allen • (850) 545-4001 firstname.lastname@example.org Secretary:
Teeah DiPietrantonio • (850) 926-8815 email@example.com
“Blade” Beckman • (850) 856-8155 CMA_SSR_BLADE@tds.net
Chapter Trustees Sgt-at-Arms: Terry Mosier • (850) 878-2426 Membership: April Johnson • (850) 997-6184 firstname.lastname@example.org PR/Comm: “Blade” Beckman • (850) 856-8155 CMA_SSR_BLADE@tds.net Products:
Terry Mosier • (850) 878-2426
Newsletter: Clay Shaw • (850) 545-2818 email@example.com Chapter Rep: Filled at each meeting if you would like to attend a state meeting inform at the meetings Legislative: Mike Johnson • (850) 997-6184 firstname.lastname@example.org Safety:
Road Captain: OPEN POSITION Website:
Cricket • BigBendAbate@embarqmail.com
Mailing Address ABATE of Florida, Inc. Big Bend Chapter PO Box 386 Woodville, FL 32362-0386 2
Weather, Gas, and Politics.... OH MY! Fall has most definitely arrived. And it’s about time, too. Personally, I was quite tired of sweating 4 gallons while waiting for the light to turn green. Or being nervous about sitting on the seat after it was in the sun for half an hour. The leaves will soon start turning into hundreds of different colors, and the cool temperatures that you could only find on long canopy roads will become constant, making your ride that much more enjoyable. On top of the weather, the gas is finally coming down. Not a lot, mind you, but it’s not $4 a gallon anymore. Maybe it’s a combination of the cost of gas and the weather, but I have seen many more motorcycle on the roads lately. That makes the purpose of ABATE that much more important. We need to protect the rights of all motorcyclists... not just members of ABATE. Which brings me to politics. Mike “Radar” Price, the State Legislative Director for ABATE has given a great explanation of HB137 (the bill is on page 13). I have included Radar’s report on page 14. I was going to write a few of my opinions and thoughts about HB137 and politics in general, but I feel like, as Editor of the newsletter, I should remain as unbiased as possible. With that, I’m signing off. I sincerely hope you enjoy this edition of the newsletter. And we’re still taking suggestions for the ‘Name the Newsletter’ contest! See you next month! Clay Shaw
Message From The President I sincerely hope everyone weathered the storms and that all is well. By the time you read this, another meeting will have passed. We are late this month; hopefully all will be back in order now. We need you, the members, to show up at the meeting to give input and help with the directions of our chapter. ABATE of FLORIDA INC. has accomplished quite a lot in the last few years, but we’re not done yet. It seems that every year our legislators try to come up with new rules and regulations that try to limit our freedoms of riding “free”. We as a collective group need to do all we can to suppress these legislators… As a collective voice we can accomplish more together than we ever can apart. Remember: Team Work… Together Everyone Accomplishes More Be a part of the solution, not a part of the problem. Get involved. Come to a meeting. Give us your input.
See you there! Thank You, Big Mike
Abate of Florida Inc. Big Bend Chapter Two Nichols Restaurant, St. Marks FL August 17, 2008 Members present: 9 and Guests present: 1 Meeting called to order at 2:00 p.m. President’s Report-Big Mike Johnson White Sands and Panhandle chapters were unable to seat a board so both chapters have dissolved. Vice President’s Report-Chris Allen Masterlink chapter information in need of corrections. Treasurer’s Report-Blade Beckman Account status reviewed. Motion to accept by Chris, seconded by Terry, Passed. Secretary’s Report-Teeah DiPietrantonio (not present) Reported at board meeting noone questioned the minutes as printed in the newsletter. Motion to accept by Chris, seconded by Terry, Passed. Sgt. at Arms-Terry Mosier (no report made) Road Captain-open position Approached Duane again about possibly taking the position, however he is not interested and will not fill the post. Membership-April Johnson (not present) Total chapter membership to date is 86, there was 7 deleted members and 1 renewal. Products-Terry Mosier Reminding the chapter to please purchase memory patches and t-shirts. PR/Communications-Blade Beckman (no report made) Newsletter-Clay Shaw Reported on the concept of naming the newsletter. A big thank you to Ouzts’ for renewing their annual advertisement. Website-Cricket (not present) Congratulations to Cricket on birth of grandson!! Chaplain-Biker Bill Talbott Apologized to the chapter but this will be his last meeting as chaplain. Legislative-Big Mike Johnson No report for now but there will be lots going on to talk about soon. State Delegates Big Bend did not attend the state meeting on august 8 so we are still waiting to receive a packet from the state and will review the minutes when the masterlink is available. Looking for members to attend the next state meeting on October 11, Hillsborough also Spooks N Scoots 26th annual event. Old Business ** Flea Market Tallahassee-thank you to Philip Vause and Joan Mattern for providing two booths at the market to sell the rest of our yard sale items. ** Adopt a road cleanup-the chapter removed 8 full bags of garbage last month after the meeting, we had approximately 12 members help with the cleanup. New Business ** Stone Crab River festival in St Marks-discussed a possible membership booth at the event on October 18, will possibly be a sponsor and make a donation to the SMFD, seeking door prizes. Motion to be a sponsor for the event by Chris, seconded by Terry, Passed. The chapter discussed a poker run that day and decided against it. Good of the order ** Bainbridge Bikefest- September 17 thru 21- putting out some Abate information/membership booth with Teeah at the rally. ** Advertising run on August 23-meet at sunstop across from WHS at 9 a.m. weather permitting. ** Arch Angels poker run at Fairgrounds- September 27. ** Flashback- August 29 to 31 ** Next month’s board meeting is moved back a week due to Bainbridge Bikefest and is scheduled for September 26 at 6:30 p.m. ** Next month’s chapter meeting is moved back as well and will be on September 28 at 2:00 p.m. Donations taken at this time. Motion to adjourn by Chris seconded by Terry, Passed and meeting adjourned. These minutes were summarized by Teeah DiPietrantonio on August 18, 2008, if any additions or revisions please contact me, thank you. 4
MEMBERSHIP SEPTEMBER, 2008 DELETED
WILL BE DELETED OCT. 08
ROBERT CALLIGY JUDY COHEN CURT HOUX JEFF SOWELL KATHRYN WILSON
RECENT RENEWALS JANICE PITZ
NEWEST MEMBERS KATHLEEN BUTLER
SEPTEMBER EXPIRATIONS DENNIS ADAMS RYAN CLARKE MARK PEARLMAN MARY YONKERS
PAMELA ANDERSON DOUG MISHLER JOHN WEIGEL
OCTOBER EXPIRATIONS CHRIS ALLEN GYPSY HAWKINS CHERYL KROCK CHARLES NOFTZ DAWN SHIVER
NANNETTE DOWDEN KEITH HEBETS BOBBIE LAIACONE MIKE ROBERTS TAMMY VICKERS
T. (Together) E. (Everyone) A. (Accomplishes) M. (More) We will continue our fight by voicing and handing out our information to keep the public aware that ABATE is FIGHTING for our MOTORCYCLING FREEDOM! Did you find a number? Is it yours? Contact April by the next General meeting so you can claim your gift! NOTE: (reminder) If you do not renew before/or by the last day of the month, which your membership expires, I will have to add you as a new member. For your convenience, the renewal form is on the reverse side of this page.
** Reminder ** Next Board Meeting is September 26th Next Chapter Meeting is September 28th See calendar for more important dates
Donations to ABATE of Florida, Inc. are not deductible for Federal Income Tax purposes. ABATE of Florida Inc. does not condone drinking and driving. 5
ABATE OF FLORIDA, INC. BIG BEND CHAPTER MEMBERSHIP APPLICATION P.O. BOX 386 WOODVILLE, FL 32362-0386 Http://BigBend.AbateFlorida.com - BigBendAbate@embarqmail.com NAME (Please Print Legibly): MAILING ADDRESS: (City)
PHONE NUMBER: (
(Zip code + four)
(Include Area Code)
REFERRED BY: MAY WE USE YOUR PHONE NUMBER FOR OUR PHONE TREE? (Please Check One)
o YES o NO
o Mail o E-mail
Newsletter delivered via (You may check both) E-MAIL ADDRESS:
ARE YOU A REGISTERED VOTER? (Please Check One)
PLEASE LIST YOUR DISTRICTS FROM YOUR REGISTRATION CARD:
CHECK THE ONE BELOW WHICH APPLIES TO YOU:
o NEW ANNUAL MEMBERSHIP ($20) o RENEWAL OF CURRENT MEMBERSHIP ($20) o LIFE MEMBERSHIP ($150) HOME CHAPTER:
o TRANSFER: FROM:
“ALL APPLICATIONS FOR MEMBERSHIP SUBJECT TO APPROVAL” Signature:
All members receive with their paid membership a membership card, a monthly Newsletter form the chapter, bi-monthly Masterlink magazine, chapter voting Privileges and personal involvement in Statewide legislative actions and their Freedom to ride! FOR ABATE OFFICE USE: MEMBERSHIP DUES PAID BY: MAILED DATE:
MEMBERSHIP CARD #
MEMBERSHIP EXPIRATION DATE:
o MONEY ORDER (Check One) COPY OF BY-LAWS YEAR JOINED:
September 2008 Sunday
Hooters Bike Night
11 Hooters Bike Night
18 Hooters Bike Night
25 Hooters Bike Night
Candlelight Memorial Service at the Korean Veteranâ€™s Memorial in Tallahassee 7:00 p.m.
Big Bend Board Meeting 6:30 p.m.
Big Bend Chapter Meeting 2:00 p.m.
Hooters Bike Night
Visit us on the web! http://BigBend.AbateFlorida.com
At the St. Marks River Bridge-Newport s ts er
Smoked Mullet dly n e i r F er
Karaoke Fridays 8-12
Live Music Sundays 3-6
Pickin & Grinnin Every Thursday Eve
(850) 925-6448 US 98 E. Newport, FL
One manâ€™s trash... ... is another manâ€™s treasure Please email your ad to email@example.com by the 20th of the month to ensure placement in the upcoming newsletter
FOR SALE * Horse trailer with tack room and living quarters. Holds 6 horses. $1500.00 obo (850) 997-6184 * 1994 GMC pickup truck 4x4 turbo diesel. $1500.00 obo (850) 997-6184 * 1991 F250 2wd utility box $1200.00 obo (850) 997-6184
* 3 1/2 ft x 5 feet tow/pull behind storage motorcycle trailer. Also has decorative railing on top for more luggage and/or gear. Has hitch component. Last bike hooked up to it was Limited Edition Honda Goldwing but may accommodate any motorcycle. New ones about $2500.00. This one going for $1000 OBO. We ride but not long distance and have no need for it. The fiberglass lid is a little warped and latches hard to secure. But is workable. Call and leave toll free phone number. If long distance must be willing to accept collect calls. (850) 878-3850 8
* Dirt Devil Vibe compact bagless HEPA vacuum, new 2008, $40 (850) 514-9809 * 2 Halogen Floor Lamps, Black Metal ,Gold Accent, $20 for pair. (850) 514-9809 WANTED * Dog Box Call Teeah if you have one you would like to sell. (850) 926-8815
**Got something to sell?** Email me and your ad could be HERE!
ABATE OF FLORIDA, INC BIG BEND CHAPTER
NEWSLETTER AND WEB ADVERTISEMENT SUBMITTAL Business Name: Address: City: Phone: (
How Would You Like To Receive the Newsletter? Email Address:
o Regular Mail?
Do you want a link to your website or an email address from the Big Bend Abate website: Ad Size
# Issues to Run
Amount Enclosed: $ Please Provide Electronic Version of Your Ad (You May Send Ad on Disc, or Email to Bigbendabate@Embarqmail.Com) Advertisers will receive a copy of the Big Bend Chapter Newsletter during the months that they advertise; ads can be placed online if you provide an electronic version of your Ad. Advertising Rates: 6 months Print & Web 1 year Print & Web Full Page $150 $160 $300 $310 Half Page $100 $110 $200 $210 Quarter Page $75 $85 $150 $160 Business Card $50 $60 $100 $110
Where’s your shirt? Get your Big Bend Chapter products today! Products include:
• t-shirts • Chapter patches • bumper stickers
• Memorial patches • car magnets ... and more!
Contact Terry Mosier at 850-878-2426 for pricing & order details 9
ABATE OF FLORIDA, INC.
HILLSBOROUGH COUNTY CHAPTER
IN MEMORY OF BROTHERS AND SISTERS LOST
! AND STATE MEETING* Oct. 11 2:00 pm
OCTOBER 10 ,11 ,12 2008 PARTY-SERTOMA YOUTH RANCH – 85 MYERS RD, BROOKSVILLE, FL 34602 *MEETING-KNIGHTS OF COLUMBUS HALL- 11549 CURLEY RD, SAN ANTONIO, FL 33576
VENDORS -- GAMES -- LIVE BANDS -- 50/50 CHILDREN’S ACTIVITIES - FOOD -- DRINKS -- BEAUTY CONTEST MEMORIAL RUN FOR BROTHERS AND SISTERS LOST WILL BE LEAVING CAMPGROUND 9:45 A.M. SUNDAY MORNING 10 PM “ENFORCED”CURFEW FOR THOSE UNDER 18
For Further Info Contact: ABATE-Hillsborough County Chapter P. O. Box 16297 Tampa, FL 33687 Or Call Richard @  626-0589 E-mail: firstname.lastname@example.org
Exit 293 CR 41 STATE MEETING
Exit 285 SR 52 KNIGHTS OF COLUMBUS
VENDORS Pre-Registered Only Contact James @  763-2127 email@example.com After 6 PM ONLY Limited Spaces Available
CLAY HILL RD
WEEKEND ADMISSION: INCLUDES CAMPING (Camping is on First Come Basis, no roping off) Friday Noon thru Sunday 5:00 p.m. $25 ABATE MEMBERS $20 N SERTOMA YOUTH LIMITED ADMISSION: NO CAMPING RANCH Saturday 12 Noon – Sunday 1 a.m. $15 ABATE MEMBERS $10 15 and under free with parent SPOOKS N SCOOTS
Spooks 'N Scoots is a registered trademark of Hillsborough County Chapter, ABATE of Florida, Inc. * A map to state meeting location will be sent to all chapters with state rep/board member passes.
VISIT US AT WWW.ABATEFLORIDA.COM/HILLSBOROUGH
ALL MOTORCYCLES WELCOME!
NO GUNS, FIREWORKS, ATTITUDES, OR PETS FOOD, DRINK & ICE AVAILABLE FROM FRI NOON 'TIL.......
DONATIONS TO ABATE ARE NOT DEDUCTIBLE FOR FEDERAL INCOME TAX PURPOSES ABATE DOES NOT CONDONE DRINKING AND DRIVING
VOTED #1 BIKER EVENT IN FLORIDA 10
Great Southern Demolition, Inc.
“Making room for the future”
For all your concrete sawing, core drilling or demolition needs call: Red 850-422-DEMO (3366) RIDE SAFE - RIDE OFTEN! 12
CHAPTER 2008-117 Council Substitute for House Bill No. 137 An act relating to operating a motor vehicle; creating s. 316.1926, F.S.; creating additional offenses regarding motor vehicle operation; amending s. 316.2085, F.S.; requiring an operator of a motorcycle or moped to maintain both wheels on the ground at all times; requiring that the license tag of a motorcycle or moped be affixed horizontally; amending s. 318.14, F.S.; providing additional penalties for certain specified and revocation of theCh. person’s Ch. offenses; 2008-117 providing for aLAWS OF fine FLORIDA 2008-117 privilege to operate a motor vehicle; providing an effective date.
(b) A person cited for a second violation of s. 316.1926 shall, in addition
Be It Enacted by the Legislature ofin the State of Florida: to any other requirements provided this section, pay a fine of $2,500. This
fine is in 1. lieu Section of the fine required underStatutes, s. 318.18(3)(b), if the person was Section 316.1926, Florida is created to read: cited for violation of s. 316.1926(2). In addition, the court shall revoke the person’s authorization privilege to operate a motor vehicle for a period 316.1926 Additionaland offenses.— of 1 year and order the person to surrender his or her driver’s license. (1) A person who violates the provisions of s. 316.2085(2) or (3) shall be cited a moving violation, punishable in commits chapter 318. (c) for A person cited for a third violationas of provided s. 316.1926 a felony of
the third degree, punishable as provided in s. 775.082, s. 775.083, or s. (2) A person who exceeds speed in excess of $5,000, 50 milesrevoke per hour 775.084. Upon conviction, thethe court shalllimit impose a fine of the or more in violation of s. 316.183(2), s. 316.187, or s. 316.189 shall be cited person’s authorization and privilege to operate a motor vehicle for a period for a moving violation, punishable as provided in chapter 318. of 10 years, and order the person to surrender his or her driver’s license. Section 2. Subsection (2) of section 316.2085, Florida Statutes, is Section 4.subsections This act shall take effect 1, 2008.are renumbered as amended, (3) through (6) October of that section subsections (4) through (7), respectively, and a new subsection (3) is added by the Governor June 10, 2008. toApproved that section, to read:
Filed in Office Secretary of State June 10, 2008. 316.2085 Riding on motorcycles or mopeds.— (2) A person shall ride upon a motorcycle or moped only while sitting astride the seat, with both wheels on the ground at all times, facing forward, and with one leg on each side of the motorcycle or moped. However, it is not a violation of this subsection if the wheels of a motorcycle or moped lose contact with the ground briefly due to the condition of the road surface or other circumstances beyond the control of the operator. (3) The license tag of a motorcycle or moped must be permanently affixed horizontally to the ground and may not be adjusted or capable of being flipped up. Section 3. read: 318.14
Subsection (13) is added to section 318.14, Florida Statutes, to
Noncriminal traffic infractions; exception; procedures.—
(13)(a) A person cited for a violation of s. 316.1926 shall, in addition to any other requirements provided in this section, pay a fine of $1,000. This fine is in lieu of the fine required under s. 318.18(3)(b), if the person was Ch. 2008-117 LAWS OF FLORIDA Ch. 2008-117 cited for violation of s. 316.1926(2).
(b) A person cited for a second violation of s. 316.1926 shall, in addition to any other requirements provided in1this section, pay a fine of $2,500. This fine CODING: is in lieu of the stricken fine required under words s. 318.18(3)(b), the person was Words are deletions; underlinedifare additions. cited for violation of s. 316.1926(2). In addition, the court shall revoke the person’s authorization and privilege to operate a motor vehicle for a period of 1 year and order the person to surrender his or her driver’s license. (c) A person cited for a third violation of s. 316.1926 commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. Upon conviction, the court shall impose a fine of $5,000, revoke the person’s authorization and privilege to operate a motor vehicle for a period of 10 years, and order the person to surrender his or her driver’s license. Section 4.
This act shall take effect October 1, 2008.
Approved by the Governor June 10, 2008. Filed in Office Secretary of State June 2 10, 2008. CODING: Words stricken are deletions; words underlined are additions.
HB137 - New Motorcycle Law Explained... This Report: 9/16/2008 Summary: An act relating to operating a motor vehicle; creating s. 316.1926, F.S.; creating additional offenses regarding motor vehicle operation; amending s. 316.2085, F.S.; requiring an operator of a motorcycle or moped to maintain both wheels on the ground at all times; requiring that the license tag of a motorcycle or moped be affixed horizontally; amending s. 318.14, F.S.; providing additional penalties for certain offenses; providing for a specified fine and revocation of the person’s privilege to operate a motor vehicle; providing an effective date. Full Version is: http://www.floridaabate.com/Library/Library/hb137sb802finaladj.pdf This has not been a good day... I have spend several hours researching and talking about HB137 only to discover that it has more teeth then we first thought. I apologize for the length (not my style), but I believe it’s important for all to understand the discovery steps involved in this new law. Upon passage I took this new law to the City Police and the County Sheriff (my area) and asked what the fines would be for violation of these provisions. It was clear to both parties that the “Speed” portion of the bill was going to slap heavy fines and penalties for exceeding posted speed by 50 plus miles per hour and this provision was applauded. My real concern was the fines for not having your legs on both sides and for having a license tag mounted incorrectly... They did the same thing I did... look up 316.2085 F.S. to see what is says about the rewards for violating these laws. It clearly reads in provision 6 that “A violation of this section is a non criminal traffic infraction, punishable as a moving violation as provided in chapter 318”. They checked out 318 and both came to the same conclusion... Fines would be $125.50 and 3 points for each violation with no escalation for repeat violation. I did not like the 3 points, especially for the tag, but left with some confidence that I had the answer I needed. Unfortunately, I presented this information to a small handful of ABATE members that requested my findings only to discover today that I, and the local law enforcement agencies were wrong...! The I received this Bulletin from the Clerk of Courts Association in Tallahassee: (posted on the LIC site Library) http://www.floridaabate.com/Library/Library/CourtClerkBulletin082008.pdf This bulletin was distributed to every Court House in the State... and I got a copy sent to me. I think I picked myself up off the floor two or three times and began my review of the new law once again. I found what I thought to be the problem section and wording, high-lighted it and called Tallahassee. I spoke to the person that wrote the bulletin and the conversation resulted in a match... unfortunately there are two phrases that changes the way that violations of the leg position and tag position become included in the speed penalties. They are: (the red is the killer) 316.1926 Additional offenses.-(1) A person who violates the provisions of s.316.2085(2) or (3) shall be cited for a moving violation, punishable as provided in chapter 318. 14
A new “high-lighted” PDF version of this law has been posted on the LIC Library at: http://www.floridaabate.com/Library/Library/hb137sb802finaladj.pdf Because of the way this has been worded, it gives the new statute (316.1926) the ability to reach over to 316.2085 and suck these two issues (2 and 3) and stick them with the speed law and the violations associated with it. Sneaky or a mistake... it still hits us hard. The penalty portion of the Statutes dealing with the 1-2-3 punch on speeding is inclusive because it specifies 316.1926 violations as all inclusive... 318.14 Noncriminal traffic infractions; exception; procedures.— (13)(a) A person cited for a violation of s. 316.1926 shall, in addition to any other requirements provided in this section, pay a fine of $1,000. This fine is in lieu of the fine required under... (level one violation) The results of these two sections completely changes the perception that we have had of this law and places unreasonable penalties on the license tag placement in particular. I personally have far less remorse for the violators of leg position, but the tag position is totally out of line. I have discussed my findings with Doc (our Lobbyist) and we have already begun a level of communication to correct this situation. It is important to understand that virtually no one with certainty has interpreted this law the correct way until the Clerk of Courts offered an “official” position. While there have been questions and confusion, that I have tried to address myself, it is the court system that ultimately has defined the position and has distributed the answer. It has never been anyone’s understanding that the leg position and license tag placement would be a part of the heavy fines placed upon the speeding portion of this law. We, along with many others - including law enforcement, have interpreted the same. This comes as a complete surprise and is being dealt with as rapidly as possible. Unfortunately, it will take the next legislative session to get this corrected. Meanwhile, it is my “belief”, naive as it may be, that the tag position citation levels will be very low unless you’re being stupid. Remember that the original intent of this law was geared to control a segment of the motorcycle community that blatantly violates laws and places the public in danger. I believe that we can buy some time if we express these thoughts to law enforcement in advance and certainly express these arguments if and when faced in a court situations. Unfortunately, there are those agencies that will enforce such laws blatantly and out of revenue building situations. Those will be more difficult to deal with. Let’s not be stupid and place ourselves in the position that the “horizontal” position of a license plate is used against law abiding bikers... Meanwhile... ABATE is working on this issue. Mike “Radar” Price ABATE of Florida, Inc. State Legislative Director firstname.lastname@example.org 352-359-3005
WATCH FOR MOTORCYCLES ABATE of Florida, Inc.
Only a biker knows why a dog sticks his head out of a car window.
Catching a yellow-jacket in your shirt at seventy miles per hour can double your vocabulary.
ABATE OF FLORIDA, INC. BIG BEND CHAPTER PO BOX 386 WOODVILLE, FL 32362-0386
B i g B e n d . A b a t e F l o r i d a . c o m 16