Pandemic, Plummeting Transit Ridership and the Rail Tax Saga

While waiting for the final ruling by the Florida Supreme Court regarding whether the All for Transportation (AFT) rail/transit tax will remain or be thrown out, the coronavirus pandemic hit.

The AFT transit tax forces 45% of the $16 Billion tax to go to the transit agency HART. The only reason $7 Billion must go to HART is to fund costly rail projects. The AFT rail tax was intended to force taxpayers in unincorporated Hillsborough County to pay for numerous rail projects in the city of Tampa. While billions are not needed to improve HART's bus service, they are needed for rail projects targeted for the "choice riders" always found somewhere over the rainbow.

The pandemic has devastated transit ridership everywhere and the "choice rider" in Hillsborough County may no longer exist. People will prefer to continue using the safety and security of their own vehicles not boarding trains with strangers.

Hillsborough Commissioner Smith Exploits Time of Crisis for $16B Rail Tax Round 2

As we posted here, Hillsborough County Commissioner Mariella Smith's priority, during this time of coronavirus crisis and its economic devastation, is to put a $16 Billion transit tax referendum on the November ballot.

The Federal government began sending rescue checks out to financially struggling Americans this week as businesses remain closed, unemployment has skyrocketed and we are shutdown to stay healthy.

While the Federal government, in one hand, is providing rescue checks and stimulus to devastated businesses trying to keep them from permanent closing, Commissioner Smith wants the county to take away some of those funds with the other hand.

The County has not publicly reassessed the county budget that has taken a huge negative hit and there are still many uncertainties.

But Commissioner Smith's priority is for Hillsborough County to have the highest sales tax rate in the State even as we may be head into a major Recession.

Tone-Deaf: Commissioner Smith To Keep Pursuing $16B Rail Tax During Crisis

Democrat Hillsborough County Commissioner Mariella Smith wants to rescind the commission's vote last week that stopped the county's pursuit to put the All for Transportation 2.0 $16 BILLION rail tax referendum on the November ballot.

Smith, a longtime Sierra Club activist and transit advocate, took to the Transit Now Tampa Bay Facebook page to activate her fellow transit ideologues. Smith uses Facebook pages "friendly" to her cause for her own political activism.

When Tampa Bay Sierra Club President Kent Bailey posted his complaint about the commission's vote last week, Smith responded with her plan of action: "It's not over. I'm placing an item on the agenda for our April 15 Board meeting to rescind that vote and schedule the public hearing for May 4, 6pm. Stay tuned. I'll post more soon."

Pinellas County Will Not Pursue Transit Tax on November Ballot

Yesterday Pinellas County Commissioners decided not to pursue putting a transit tax on the November ballot.

Pinellas County's decision followed that of Hillsborough County who decided Wednesday, thanks to four commissioners Miller, Murman, Hagan and White with common sense, to ditch a transit tax referendum as we battle the Coronavirus emergency and its economic devastation.

4-3 Vote: No $16B Transit Tax on November Ballot in Hillsborough

Hillsborough County Commission will not be putting any proposed All for Transportation 2.0 $16 Billion transit tax on the November ballot - if the Florida Supreme Court throws out the All for Transportation tax passed in 2018.

Go here to listen to today's Special Meeting that was a virtual meeting with audio only. Note the meeting starts at about 15:15 on the Youtube recording.

The Special meeting was called by Commission Chair Les Miller. Miller began the meeting with his Motion to defer pursuing any proposed transit tax hike until 2021. To his credit, Miller compassionately and eloquently stated the many reasons why he was making the motion that would stop the pursuit of putting a massive tax hike on the ballot during this time of crisis.

Will Pinellas County Keep Pursuing Transit Tax Hike During Crisis?

As posted here yesterday, the Chair of Hillsborough County Commission Les Miller called a virtual "Special Meeting" for 1pm today with little public notice, to reschedule a public hearing for putting the All for Transportation 2.0 $16 Billion transit tax hike on the November ballot. Will Pinellas County also try to schedule a public hearing to put a proposed transit tax hike on the ballot?

County Commission Chair Pursues Picking Your Pockets During Crisis.

While everyone is on lockdown during the Coronavirus pandemic crisis, Hillsborough County Commission Chair Les Miller astonishingly displays where his priorities lie.

Due to the Coronavirus pandemic, Miller had cancelled the April 1 public hearing about putting another All for Transportation (AFT) $16 BILLION rail tax hike on the November ballot. Miller had scheduled the April 1 public hearing weeks ago that now seem like an eternity ago.

With little notice at 7:51 AM this morning, the county sends an email announcing a "SPECIAL MEETING" scheduled for tomorrow at 1:30pm. The meeting notice to discuss rescheduling the public hearing for putting the AFT 2.0 $16 Billion tax hike on the ballot was sent out to the public about 30 hours before tomorrow's meeting.

County Center: Stop Waging War On Small Business, Taxpayers and Move County Center Out of Downtown Tampa

The Eye headed to the Hillsborough County Commission meeting last week. Downtown Tampa is one big logistical headache to get to anywhere in downtown, park in downtown and get around in downtown.

Hillsborough County government needs to move out of downtown Tampa and provide much better access to County services. Downtown Tampa has become a mobility and parking nightmare. That is not fair to residents in unincorporated Hillsborough who need better access to County Services but are forced to go to County Center in downtown Tampa.

Residents of unincorporated Hillsborough should start demanding the County move out of the mausoleum building in downtown Tampa aka County Center.

Here is one suggestion. Hillsborough County owns the MOSI property on Fowler Avenue and MOSI is moving downtown. Swap places. The county could move county services to the MOSI property they own which is more centrally located with access between 2 interstate highways. The County can sell the County Center building. We know the city of Tampa wants more office towers - here's one ready to rent.

When we finally got to County Center, the March 4 BOCC meeting was a plethora of actions to shut down small business and raise taxes.

Listen to our latest podcast as we discuss how the county needs to get out of downtown Tampa and  stop waging a war on small business and the taxpayers.

According to Hillsborough County, more than 90% of all commercial ventures are small businesses. However, if this commission does not like your industry or business or they find one bad apple, they will punish everyone instead of addressing the bad apple.

Higher taxes hurts small businesses the most and having the highest sales tax rate in the state will hurt them even more.

Sales Tax Map Courtesy of WTSP

At just this one meeting, the Hillsborough County commission took actions to punish the entire pet retail industry, take choices away from their constituents, put another one percent 30 year $16B transit tax on the November ballot, eliminate clarity and transparency to voters and hold county roads hostage to funding costly rail in the city of Tampa

Considering the commissioners meet every 2 weeks, what other harm is this county commission doing to their own constituents and the residents/taxpayers of Hillsborough County?

No One Should Be Above the Rule of Law, Time to Throw Out the All for Transportation Transit Tax!

The oral arguments on the All for Transportation (AFT) lawsuits will be heard the morning of February 5, 2020.

From FL Supreme Court Docket Schedule
(click to enlarge)

One can watch the arguments livestream on Wednesday or view an archived video recording here.

It is worth reading some of the legal documents related to the case. The documents associated with the original case is found at the Hillsborough County Clerk of the Court by searching on case number 18-CA-11749, clicking on the magnifying glass under View and selecting Events/Documents.

We suggest reading White's Amended Complaint, the Depositions of Commissioner White and AFT's Chair Tyler Hudson and the Final Summary Judgment where Judge Barbas strikes major portions, including all the mandated spending percentages, from AFT's charter amendment.

The documents filed regarding the Appeals on the AFT lawsuits to the Florida Supreme Court can be found under Case Number SC19-1250. It is worth reading the Merit Briefs, the Amicus Curiae Briefs, and the Cross Reply Briefs.

A must read is the Cross Reply Brief filed on 11/13/2019 by Commissioner White's attorney Chris Altenbernd.

With the AFT legal process playing out this week at the Florida Supreme Court, it's time for some reminders about the AFT transit tax and why we hope it will be thrown out.

Hillsborough MPO's $32 Billion Congestion Creation Plan

As we posted here and here, the Hillsborough Metropolitan Planning Organization (MPO) used a push poll marketing campaign to capture flawed data they wanted as input to the MPO's 20 year 2045 Long Range Transportation Plan (LRTP). This long range plan is for years 2026-2045.

Not only was the data they captured in their push polls flawed, their proposed $32 BILLION 2045 LRTP is seriously flawed with inconsistent data, incomplete information, and false assumptions.

The MPO has scheduled a pubic hearing for tonight at 6pm on the 2045 LRTP. Their 2045 Public Hearing "Draft" document is a marketing brochure with few details and no back up information. We wonder if the MPO Board can decipher and understand this plan much less the general public.

Time for Sunshine to Get Rid of the Transit Tax Storm Cloud

The All for Transportation (AFT) transit tax is a storm cloud of dishonesty and deception hovering over Hillsborough County.

Hillsborough County must get out from under the AFT storm clouds for the county to begin honestly and transparently addressing its transportation issues.

Foolish Power Players Supported Flawed Transit Tax

We continue our "Sunlight" series about All for Transportation's legally flawed $16 Billion transit tax and the insiders who were helping them.

We posted here about the genesis of the All for Transportation (AFT) transit tax. Transit advocate and community organizer Kevin Thurman created his "People's Plan" and shopped his transit tax political strategy to inside power players.

According to public records we received, Thurman targeted power players at Tampa International Airport and sent his transit tax presentations to Janet Scherberger last April.

Defects Keep Swirling Around All For Transportation Tax and Court Ruling

As we posted here, Judge Barbas gutted the illegal All for Transportation (AFT) tax hike charter amendment. Barbas threw out all of AFT's illegal spending appropriations, illegal prohibitions on funding new roads and other illegal regulations they tried to force on the taxpayers of Hillsborough County.

In addition, according to this Florida Politics article, Commissioner Stacy White filed a motion to remove the sentence that required the AFT sales tax to be distributed to the County and municipalities based on their population.

“...any such allocation should be based on the actual transportation needs of the municipality, not on arbitrary, fixed percentages that were created to serve an entirely different tax with entirely different goals.”

White's motion also requests a final judgement be made which then enables an appeal to either the Supreme Court or the Second District Court of Appeals.

Judge Throws Out Most of AFT Tax Hike Amendment But Lets the Tax Stand

The ruling by Judge Barbas yesterday on the All for Transportation tax hike confirms what Commissioner White and the Eye warned about last year but local media refused to report.

All for Transportation (AFT) never legally vetted their 5 page tax hike charter amendment and now Barbas threw out most of it.

In his ruling of AFT's $16 Billion transit tax hike, Barbas threw out the pre-determined appropriations and he struck out the limitations and prohibitions of funding new road capacity.

Barbas also reigned in the Independent Oversight Committee authority who will no longer have approval authority but can now only function as a glorified citizens advisory committee.

Barbas allows the sales tax to stand but little else does. Thanks to Commissioner White and his lawsuit, we now know that most of AFT's tax hike charter amendment was unlawful and a fraud.

All for Transportation's Pervasive Dishonesty

All for Transportation (AFT) has been dishonest from the start. They tried to create a false narrative last June that their tax hike ballot initiative was a "grassroots" initiative launched by everyday citizens.

That was quickly debunked.

Five special interests donors, including Jeff Vinik, Frank Morsani, Vinik's Water Street construction company Coastal Construction, Tampa Bay Partnership and Sykes Enterprises donated $150K each to get AFT's tax hike on the ballot.

The AFT tax hike initiative was a totally paid professional campaign job assisted by some political insiders (more to come on that subject).

Transit Study Reveals AFT Sold Voters Costly Can of Worms

The idiom "can of worms" refers to doing something that creates a litany of other problems and creates more trouble and complicates the situation or problem trying to be solved.

The All for Transportation (AFT) 30 year $16 Billion sales tax hike is now looking like a can of worms. AFT ignored transit reality and the reality is happening now.

Legal Questions Remain As County Admits All For Transportation Gave "Oversight" Committee Overreaching Powers

Legal questions remain about who has the "Rightful Authority" to appropriate All for Transportation's $16 Billion tax hike proceeds for 30 years. Now the county and the agencies receiving the tax proceeds are admitting there are big problems with AFT's tax hike charter amendment.

All For Transportation (AFT) touted in their $4 million marketing campaign that the AFT $16 Billion tax hike was keeping "Political Hands" aka duly elected officials out of their tax hike cookie jar. AFT sent thousands of mailers to voters with that message.

All for Transportation Mailer

Taxation without Representation For Unincorporated Hillsborough As Tax Hike Committee Stacked With Appointees Who Reside in City of Tampa

Warning signals went out prior to the election raising numerous issues with the All for Transportation 30 year $16 Billion tax hike. Those warnings included what All For Transportation (AFT) touted as their "Independent Oversight Committee" (IOC).

AFT, a political committee, defined enumerated powers in their 5 page tax hike charter amendment to unelected bureaucrats on the IOC who are accountable to no one. AFT empowered the IOC to be the ultimate approver/disapprover for all transportation projects to be funded by AFT's $16 Billion tax hike.

Commissioner Stacy White sounded warnings before the election in his October 18th press release that the IOC can be stacked with members not from the areas where the majority of the AFT taxes will be paid. In other words there was a good chance that the IOC will be stacked with those who live in the city of Tampa when over 2/3 of the population lives in unincorporated Hillsborough.

Amended Complaint Throws Curve Ball to All For Transportation's Tax Hike Mess

As expected, Commissioner Stacy White filed an Amended Complaint on March 22nd challenging the All for Transportation (AFT) 30 year $16 Billion sales tax hike charter amendment.

As baseball season begins, it looks like AFT is thrown a curve ball as White's Amended Complaint brings forth additional information and describes additional issues with the AFT charter amendment.

All for Transportation Ballot Language vs Article 11 Charter Amendment - Deceptive or Legal?

All for Transportation (AFT) hit voters mail boxes hard last year with glossy mailers claiming they had a transportation "plan" aka $16 Billion transit tax hike to "cut" traffic congestion in Hillsborough County for 30 years.

But we posted here, when AFT spokesperson Kevin Thurman, one of the authors of their $16 Billion transit tax hike, was challenged on that claim about a week before the election, he was forced to admit that such claims were not true and congestion would actually get worse over the 30 years.

No wonder AFT refused to debate anyone who opposed their tax hike before the election. Their deceptive use of exaggerated claims would be exposed.

While deceptive political campaigns may not be illegal, what about deceptive ballot language?