South Dade Updates. My best method for keeping everyone up to date on important matters affecting our community.
Monday, November 26, 2018
When will it end? The time has passed for far too many who have waited for the legislature to act on distracted driving
By David Neal
Carlos Rodriguez, 62, was identified as the latest victim to die from his injuries. Denise Marsh, 53, was pronounced dead at the scene.
“Wife and mother killed when driver strikes 6 cyclists on Sunday morning group ride” – the headline of a Sunday article posted online Miami Herald, by David J. Neal. Heartbreaking. No one has prematurely judged the driver – the journalist reported that “The driver said she was distracted, but doesn’t remember from what.”
I find it extremely troubling how so many people feel it is acceptable to drive while distracted. Most often the distractions are voluntary, created by the driver themselves. It is almost as if some drivers try to find something else to do to take up their travel time.Driving and texting is unacceptable.
As a cyclist, a runner, as a person simply walking my dog through our neighborhood, I have had more than my fair share of close calls.
I continue to be an active leader of Palmetto Bay, a community that has consistently pushed for strengthening the distracted driving laws. (CLICK HERE to view some of our efforts).
This is a matter of public safety, of preserving life. I don’t understand the reluctance. Innocent people are being permanently injured, worse yet, lives are being lost.
I may be leaving elected office on December 5, but that will not silence me from continuing the efforts on this issue of great public safety.
The time has long passed for the Florida Legislature to properly take this issue on and strengthen texting and driving Law currently on the books.
How many more residents of this great State have to pay the price?
I want to thank past members of our Palmetto Bay Youth Community Involvement Board, particularly Mark Merwitzer, a Palmetto Bay resident, a founding member of our Palmetto Bay Youth Community Involvement Board, and past chair of our Youth Board. Mark is now a student at the University of Florida and is ready once again to lobby our Florida Legislature this coming year.
The Florida Legislature has pre-empted local governments on many issues, including anti-distracted legislation within their own jurisdictions (as they should as this is a State and a National problem, but preemption is a responsibility to act on our behalf).
We have called upon the Florida Legislature to hear the pleas and act numerous times! Let’s get Florida off the list of a mere 4 states(out of 50) which do not consider deadly distracted driving to be a primary offense. It is up to the Florida Legislature – and our Governor – to enact a statewide law in order to keep our communities safe – everywhere – in public and private, in school and in parks AND on the roads.
Mark has been a contributor to my blog - one of my medias used to stay on the record and push out many issues of importance. His latest post was last January - on, of course, the importance of ending distracted driving. Please follow the link (click on the headline) to view Mark's post of January 14, 2018, Guest Post - Mark Merwitzer - an advocate for safe roads - ending distracted driving.
Thank you Mark and fellow students for the work with Miami-Dade County and other municipalities. The Florida legislature has seen a massive push from numerous local governments across Florida. Palmetto Bay has included the anti-distracted driving legislative annually. We want lives saved.
How many more lives will it take before our legislature and governor act?
Eugene Flinn
Wednesday, March 7, 2018
MDC and SAS Students Demand Texting While Driving Ban - Wed., March 7, 2018
There are scant days to go before the end of the 2018 Regular Session of the Florida Legislature. Please join the effort - call or e-mail Florida Senate President Joe Negron (850) 487-5025 negron.joe@flsenate.gov and tell our State Leaders that SB 90 or HB 33 must be heard on the Senate Floor, passed and sent to the Governor.
It was my honor to join Mark Merwitzer and students from Miami Dade College’s (MDC) Wolfson Campus and the School for Advanced Studies (SAS) on Wednesday, March 7, to address the issue of teen roadway and driving safety, and demand the Florida Senate pass legislation to ban texting while driving in order to save lives.
This was a touching press conference that each member of the Florida Senate should watch and hear tragic real life experiences from loved ones who suffer daily due to the loss of a family member - included in this press conference were Debbie Wanninkhof, who spoke of her late son, Patrick, who tragically lost his life at the age of 25 at the hands of a cell phone distracted driver and from Delphia Samuels describe how she and her family have suffered form the loss of her (then) 12 year old brother E'arron James Haley. Two lives, out of tens of thousands, who suffered preventable deaths due to distracted drivers.
The Florida House recently voted to pass legislation to make texting while driving a primary offense but the bill has met opposition in the Senate. Event organizer Mark Merwitzer, is a Palmetto Bay resident and Miami-Dade County Public Schools senior at the SAS, a top high school in the U.S. with locations at five MDC campuses. He has been advocating for the bill after seeing fellow teens and adults texting while driving.
I want to thank Mark Merwitzer, a Palmetto Bay resident, student of this outstanding school and a founding member of our Palmetto Bay Youth Community Involvement Board – Mark currently serves as chair of our Youth Board.
I also must thank all the students who work so hard on this and other issues that so PROFOUNDLY impact the lives of our youth. The Florida Legislature has pre-empted local governments on many issues, including anti-distracted legislation within their own jurisdictions. We therefore call upon the Florida Legislature to hear the pleas and act – let’s get Florida off the list of a mere 4 state (out of 50) which do not consider deadly distracted driving to be a primary offense. It is up to the Florida Legislature – and our Governor – to enact a statewide law in order to keep our communities safe – everywhere – in public and private, in school and in parks AND on the roads.
Mark has been a contributor to my blog - one of my medias used to stay on the record and push out many issues of importance. His latest post was last January - on, of course, the importance of ending distracted driving. This was the 6th appearance for Mark on this blog, all related to his public service and advocacy, including how to navigate a traffic circle as well as fighting against distracted driving: Oct. 25, 2017, Driven (without distractions). YCIB Member Mark Merwitzer testifies before Senate Communications, Energy and Public Utilities Committee and Aug. 14, 2017: Traffic Circle Safety - Please take the time to view this creative video by Mark Merwitzer, Jackson Ribler & Justin Merwitzer. Edited and produced through the talents of "Miami Hal" Feldman.
Thank you Mark and fellow students for the work with Miami-Dade County and other municipalities. The Florida legislature has seen a massive push from numerous local governments across Florida. Palmetto Bay has included the anti-distracted driving legislative annually. We want lives saved.
Tuesday, April 30, 2019
Nearing the finish line? Years of advocating for an end to distracted driving in Florida, an update Guest Post - Mark Merwitzer - an advocate for safe road travel
I want to thank Mark Merwitzer, a Palmetto Bay resident and a founding member of our Palmetto Bay Youth Community Involvement Board (and a past Chair of the Youth Board) for his tenacious efforts on this anti-distracted driving initiative.
Also see a prior Guest Post from Mark Merwitzer: January 14, 2018, Guest Post - Mark Merwitzer - an advocate for safe roads - ending distracted driving
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| Debbie Wanninkhof / Mark Merwitzer |
Friday, May 17, 2019
Gov. Ron DeSantis signed the upgraded anti-distracted driving bill into law. Palmetto Bay advocate Mark Merwitzer present for the signing.
The law has been signed into law and takes effect July 1, 2019.Gov. Ron DeSantis signed the upgraded anti-distracted driving bill into law on Friday, March 17, at Sarasota High School. The new law goes into effect July 1, and it allows police to stop and ticket drivers for texting while they’re behind the wheel of a moving car, with limited exceptions. See: Governor signs bill: Texting while driving will soon get you pulled over in Florida, by Lawrence Mower, Herald/Times Tallahassee Bureau, 5/17/2019.
Drivers will still be able to use their phone while their car is stopped.
Statement from Mark Merwitzer: I am beyond joyed to attend today's bill signing ceremony for HB 107, this year's bill to make texting while driving a primary offense and ban handheld cellphone use while driving in a school and work zone. I sincerely and wholeheartedly thank Governor DeSantis for signing my copy of the bill, and taking a picture with me. It will be a momento to hang on my wall forever. Three years of hard work, going to Tallahassee more times than I can count, and rallying local support has finally payed off. I remember when I first started, I got a very condescending phone call from the biggest lobbyist in Florida, Ron Book, telling me I am never going to make it and stop. Glad I did not listen to him because he is in jail for a vehicle related incident and I was at a bill signing ceremony. Do not let other people tell what you can or cannot accomplish. Always shoot for the moon. Thank you to everyone who supported me including my parents, Representative Toledo, Representative Slosberg, Senator Perry, Senator Simpson, Representative Stark, the Wanninkhof family, Mayor Flinn, Mayor Lerner, Commissioner Daniella Levine Cava, Senator Diaz de la Portilla, School for Advanced Studies, and so many more people. This is only the beginning, I plan to shoot beyond the moon in the future.CLICK HERE to view prior related posts relating to efforts on the anti-distracted driving legislation as well as specific to Mark Merwitzer. Mark has been hard at work appearing over the many years before the Florida Legislature to enact life safety legislation relating to distracted driving. Great work Mark. Your efforts will go a long way to make travel on our roads much safer.
Sunday, January 14, 2018
Guest Post - Mark Merwitzer - an advocate for safe roads - ending distracted driving
From Mark:
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| Debbie Wanninkhof / Mark Merwitzer |
With the Wanninkhofs, I had the privilege of testifying before the House Transportation and Infrastructure Subcommittee in support of House Bill 33. House Bill 33 makes texting while driving a primary offense, which gives police officers the ability to pull over and issue citations to drivers who are texting behind the wheel. I have also been pushing Senate Bill 90, the Senate companion bill to House Bill 33, in the Senate Transportation Committee. The bill passed unanimously in both committees.
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| Rep. Kionne McGhee |
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| Sen. Annette Taddeo |
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| Sen. Bill Galvano |
If you would like to get involved with the texting while driving bill, please call your State Representative and voice your support for the bill. Additionally, if you can call Representatives that sit on the House Judiciary Committee, which is the next committee of reference, that would also be appreciated. I have linked the House Judiciary Committee and the find your Representative website for your convenience. Thank you very much in advance for your support. Welcome to the team!
House Judiciary: https://www.myfloridahouse.gov/Sections/Committees/committeesdetail.aspx?CommitteeId=2919
Find Your Representative:
NOTE: Palmetto Bay is a supporter of traffic safety. CLICK HERE to view a past Palmetto Bay e-currents (Oct. 2009) explaining past efforts from the original Palmetto Bay council on making our roadways safer for everyone, especially our students. Safe streets have been important from the very first Palmetto Bay council. This is an effort that requires continued vigilance and work to see an idea pass, not just paying lip service. It also takes a Village and Mark Merwitzer has been doing much of the heavy lifting these past few years. Subsequent councils (including this current council) have continued to efforts in regard to making our roads safer. - Thank you to Mark Merwitzer and others like him who are committed to making our communities safer!
(Video below - Mark Merwitzer testifying before the Transportation & Infrastructure Subcommittee in Tallahassee on January 9, 2018. A unanimous vote helped move the bill on to the next step.)
Friday, October 28, 2016
Help the cause - Youth Board and Mark Merwitzer - working to ban Texting While Driving
Please take 30 seconds to sign Mark Merwitzer's petition asking the Florida Legislature to ban texting while driving. Sharing the petition will go a long way in making Florida roads a safer place for everyone. Click on the link below:
Make Texting While Driving a Primary Offense in Florida.
Our Palmetto Bay Youth Board is hard at work to bring about positive change in our community.
Also see related post of September 17, 2016: The Village of Palmetto Bay Youth Community Involvement Board - Sat 9/17/16 update - Important discussion on safety legislation - combating distracted driving. The Youth Board met with State Senator Miguel Diaz de la Portilla and our County Commissioner Daniella Levine Cava.
Friday, March 31, 2017
Time running out for the No Texting while driving bill. Palmetto Bay high schooler Mark Merwitzer needs our help in passing House Bill 69: Use of Wireless Communications Devices while Driving
Seriously, who here wants to speak up on behalf of distracted driving? The operation of a motor vehicle is a critical task. We all have the right to be safe on the road. Driving is not the time for multi-tasking.
Please help. Contact your State Senator and Representative. Please copy, paste, share - and CALL OR WRITE! The time is now.
Our very own Palmetto Bay high schooler Mark Merwitzer needs our help in passing House Bill 69: Use of Wireless Communications Devices while Driving - Mark needs FLORIDA Residents to CALL both House Representatives & ask for their supporting vote:
Jose Oliva @ (850)717-5110
Richard Corcoran @ (813) 792-5177
**Phone Lines Will Be Busy, Please Keep Calling to Leave Message Asking for Their Vote*
Please email them as well:
Jose.Oliva@myfloridahouse.gov
Richard.Corcoran@myfloridahouse.gov
Other coverage regarding Mark Merwitzer and his campaign:
CBS Miami - High School Student Leading Fight To Ban Texting & Driving In Florida March 29, 2017, By Vanessa Borge
Miami Herald - Miami teen leading charge to outlaw texting while driving, March 24, 2017, By Kyra Gurney
Community Newspapers / Palmetto Bay News - Student is a summer intern with county commissioner, August 9, 2016, By: Gary Alan Ruse (Involves significant discussion of the texting efforts)
Tuesday, April 16, 2019
Ride Share Apps a cause of distracted driving? A recent case fled for personal injuries in Palm Beach requires monitoring
This certainly may impact Ride Share in Florida, if not nationally. The current anti-distracted driving bills may also impact either operation of these services or liability in cases of accidents I recommend that Palmetto Bay and other communities that use or plan to implement on-demand ride sharing monitor this and similar lawsuits when they partner with any Ride Share company/service. Insurance, partnering agreements and indemnification will be some of the important considerations.
This lawsuit was filed in Palm beach County last week. The Plaintiff is suing Lyft for her injuries suffered when struck by the Lyft driver while crossing the street. This liability is based upon the argument that Lyft operates an “unreasonably dangerous” app that puts the public at risk. An argument for this theory of liability is that its drivers are distracted while driving as they are required to constantly monitor the app in order to obtain rides and generate revenue for the company.
This theory of liability could apply to any similar business model. Is this theory going after new markets or are the apps significantly different from the traditional taxi cab radio model which does not provide the same specifics where there is no screen to take a driver’s eye/attention away from the road?
We shall see where this case leads. It certainly also pierces and claim of independent contractor status for the Ride Share services as well as the liability is based upon the company app and the alleged distraction of the driver.
Thursday, November 29, 2018
Bicycling - bicycling.com news When a Group Ride Turns Deadly, A distracted driver plowed into a routine group ride in Florida. Now, two cyclists are dead—and a tight-knit community is in mourning. By Robert Annis, Nov 28, 2018
Why? Because the article and the sources explain that Florida doesn’t have a vulnerable road user law, and the penalties for distracted driving are some of the most lenient in the country. A first-time offense is considered a noncriminal traffic infraction, while second offense within five years—if it causes the death of another person—can result in 120 hours of community service, as well as civil penalty fees.
Tuesday, April 30, 2013
Will dangerous distracted drivers maintain their "right" to continue their terror on the roadways? Say it ain't so! Texting while driving ban could be dead
The Miami Herald reports that a statewide ban on texting while driving could be dead after the Florida House amended the bill Tuesday with only three days left in the legislative session.
My, how fast things change in Tallahassee. No texting while driving bill passes Fla Senate 36 - 0 on April 16, 2013. Now A change in the House bill changes everything and puts the proposal in jeopardy.This is not the news we wanted to hear. So close and a procedure - in this case an ever so slight change in the bill that makes it non-conforming with the bill passed by the Florida Senate. A bill needs to be passed in the identical form by both the Florida House and the Florida Senate to move on to the Governor.
Otherwise, both the House and Senate can claim to support a bill, but regret that it was not the same bill. Ironic isn't it? You can be against the bill by voting for it, and an amendment to it, knowing that there may not be time to pass a conforming bill. This is politically having your cake and eating it too, assuming you are in favor of distracted drivers continuing their terror on the roadways.
The Miami Herald reports that Miami Lakes Republican, Rep. Jose R. Oliva, was the author of Tuesday's amendment. He may have said that he wasn't trying to torpedo the bill, but that will probably be the effect.
From the Herald article: The House discussed the bill (SB 52) and adopted the amendment without voting on the bill. The amendment allows police to use drivers' mobile phone records against them only when texting causes a crash resulting in death or personal injury.
The Senate passed the bill unanimously earlier this month. If the House passes the amended bill, it must return to the Senate for that chamber to approve the new change. The legislative session ends Friday.
Sen. Nancy Detert, the Venice Republican who has pushed for a ban for four years, was watching from the back of the House floor, frowning.
"No one spoke to me about it," she said, walking back to the Senate. "We made the bill as small as we possibly could to try to get it through the House. It's a very simple bill; it should have simply passed."
Thirty-nine states and the District of Columbia already have texting-while-driving bans for all drivers.
Efforts to pass a ban stalled for at least four years in the face of House Republican opposition. Conservative members based their concerns on government intrusion into people's lives.
The bill has passed through committees in both chambers this year with only one no vote: Rep. Jimmy Patronis, a Panama City Republican.
Wednesday, October 25, 2017
Driven (without distractions). YCIB Member Mark Merwitzer testifies before Senate Communications, Energy and Public Utilities Committee
We are very proud of one of Palmetto Bay's favorite sons - Mark Merwitzer. Mark is one of the founding members of Palmetto Bay's Youth Community Involvement Board. He testified before the Florida State Senate - Communications, Energy and Public Utilities Committee, on Tuesday, October 24, 2017.
This is not his first time advocating on this issue. Young Mr. Merwitzer will not be distracted from his mission to save lives and up the protection of those on or near the roadways, to be safe from distracted drivers.
Marks report from Tallahassee (10/24/17):
Had a fantastic trip to Tallahassee today. To my left if Senator Perry, the sponsor of SB 90, the bill to make texting while driving primary offense. Today it was heard in the Senate Communications, Energy, and Public Utilities Committee. I gave my testimony, along with countless amounts of parents who have lost loved ones to distracted driving. Their testimony was remarkable and touching. The bill passed 7-1.
1 down 3 to go!
CLICK HERE (and scroll down once there) to view prior posts and links to other media coverage relating to Mark Merwitzer's efforts to make our roadways safer.
Wednesday, February 26, 2025
Is Palmetto Bay the "Village of Parks" or "Village of Perks" for village officials? $132,000 in part for "monitoring 'Opposition Activities'" (our neighbors). $400 a month car allowances. What else will we find if transparency is ever restored to Palmetto Bay?
SURPRISE, SURPRISE, SURPRISE - Per the Vice Mayor:
A salary and insurance is apparently not enough for their part time service, per the Vice Mayor:
Your council members want to give themselves a $24,000 car allowance while considering raising your taxes. They tried to push this through without public input. That’s unacceptable.
This reads like a enemies list - use of one's tax dollars against them. What a tangled web the Mayor and council have weaved against some neighbors who have been pursuing a legal process in regard to the "Tanglewood" surplus property (located under the FPL power lines):
The county urged the village to negotiate a compromise, but instead, the village spent over $132,000 of your tax dollars on a high-powered lobbyist to fight these residents. Worse, the contract was marked confidential, despite being publicly funded, and included plans to monitor “opposition activities,” meaning our own neighbors.
Taxpayer dollars should never be used to undermine residents who follow the rules.
Read the Vice Mayor's updates and get on his e-mailing list!
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