Class Action For Refund of Illegally Collected AFT Tax Dollars Refiled In Leon County

Change of venue for Class Action lawsuit requesting refund of
unlawfully collected AFT tax proceeds

The class action lawsuit requesting a remedy for the over $500 MILLION of illegally collected All for Transportation (AFT) transit tax in Hillsborough County has been refiled in Leon County.

The Florida Department of Revenue, located in Leon County, was always a Defendant in the case. The class action Complaint filed by the Plaintiff in Leon County states that despite pending legal challenges to AFT, the Florida Department of Revenue collected the AFT tax, enforced the AFT tax, charged administrative fees and distributed the tax proceeds minus the admin fees to Hillsborough County.

The Plaintiffs in the class action lawsuit are asking for a refund of all taxes collected under the unlawful AFT transit tax charter amendment.

Committee Bill Filed to Implement Transparency, Election Safeguard Measures Proposed by Governor DeSantis

We posted here that Governor Ron DeSantis has proposed measures to provide transparency and security measures to safeguard our elections in Florida. 

Some of DeSantis proposals are already included in SB90:

• Addressing mail ballot drop boxes
• Measures to prevent ballot harvesting
• No mass mailing of ballots
• Mail ballot requests must be made each election year 
• Signature on mail ballots must match the most recent signature on file.

Now Committee Bill PCB PIE 21-05 has been filed to implement other measures DeSantis proposed. These safeguard measures will ensure transparency in our elections process and reporting:

• Political parties and candidates cannot be shut out of observing the signature validation process
• Supervisor of Elections must post over-vote ballots on their website before the canvassing board meets
• Prohibits the use of private funds for election related expenses, voter education or registration programs (e.g. Zuckerberg grants)
• Requires real time reporting of voter turn out data by precinct level
• Supervisor of Elections must report how many ballots requested, how many received and how many left to be counted
• Mail ballot drop boxes manned by sworn election officials or law enforcement can only be used during the early voting hours of operation and must have video surveillance.
• $25,000 penalty to the Supervisor of Election (SOE) if any mail ballot drop box is accessible for ballot receipt when early voting is not underway

Rebate Unlawful Transit Tax Dollars, Fix Our Roads First and Do Not Trust AFT

The All for Transportation (AFT) unlawful and egregious 2018 rail tax was thrown out by the Florida Supreme Court. 

Sharon Calvert, co-founder of this blog and No Tax For Tracks, was a guest on Saturday's AM860 BrookeTalksAmerica podcast to talk about the illegal AFT transit tax and where to go from here. Take about 15 minutes to listen as Calvert emphasized the paradigm shifts away from traditional transit and costly rail, the need to fix our roads first and stop another wasteful AFT 2.0 rail tax boondoggle.

Hillsborough County Commissioners: Rebate Illegal AFT Transit Tax with one Hand, Start Launch of AFT 2.0 Transit Tax Hike with Other Hand

 NoTaxForTracks (NTFT) issued a statement last week after the Florida Supreme Court threw out the unconstitutional and unlawful All for Transportation (AFT) transit tax hike in its entirety. NTFT requested that the AFT transit tax dollars illegally collected be given back to the residents of Hillsborough County.  

About $502 Million has been collected since January 1, 2019. The Florida Supreme Court did not issue a remedy for disposition of those funds. Wednesday, the Hillsborough County Commission agreed with NTFT and voted 6-0 to refund the hundreds of millions of AFT dollars back to their constituents. 

The commissioners did that because of what came next. Immediately after voting to refund the unlawfully taken AFT transit tax dollars, the county commissioners voted to start the process for putting AFT 2.0 on the 2022 ballot. 

Breaking: No Tax For Tracks Issues Statement on Yesterday's FL Supreme Court Ruling Striking the AFT Transit Tax

No Tax For Tracks, the formal opposition to the All For Transportation transit tax, has issued the following Statement on Florida Supreme Court Ruling Striking the AFT transit tax.

No Tax For Tracks Statement

On Florida Supreme Court Striking Down the All for Transportation Transit Sales Tax

 

Tampa, FL—February 26, 2021  NoTaxForTracks celebrates the Florida Supreme Court ruling yesterday that threw out the 1% All for Transportation (AFT) transit sales tax in its entirety as unconstitutional, illegal and unlawful. 

NoTaxForTracks thanks Hillsborough County Commissioner Stacy White for filing his legal challenge against AFT in 2018. We are grateful to those who supported NoTaxForTracks and our effort to get the truth out about AFT’s deceptive tax hike referendum. 

NoTaxForTracks Officer Sharon Calvert stated, “AFT was a 30 year $16 Billion rail tax that was a massive transfer of wealth from unincorporated Hillsborough to the City of Tampa. The wealthy downtown Tampa developers and special interests who funded AFT do not care about road needs in unincorporated Hillsborough.” 

AFT had charter language that conflicted with Florida State law. NoTaxForTracks publicly warned about AFT’s potential legal issues and provided that warning to local media in 2018 who failed to report about them or inform the voting public.

With the AFT transit tax gone, this is a time for a Reset.  

NoTaxForTracks Chair Karen Jaroch stated, “The AFT sales tax prohibited funding new road capacity and prioritized costly rail, that was already on the road to obsolescence, before the pandemic landed the knockout punch. This tax unlawfully took $300 for every man, woman and child in Hillsborough and the reset needs to include returning these funds back to them in the form of a rebate, which has the added benefit of providing a much-needed economic stimulus.” 

NoTaxForTracks spokesperson Jim Davison stated “The Supreme Court decision helps our struggling small businesses in a time of the pandemic and provides a second chance to fix our roads and transportation issues in a more equitable manner.

NoTaxForTracks spokesperson Tom Gaitens stated “Tyler Hudson, AFT and the BOCC owe the residents an apology for their malfeasance and violations of the Public Trust. Their rush to place a tax on Hillsborough County residents to fund their rail transit dreams not only cost taxpayers $472 million and unnecessary legal expenses, but also lost time in improving, widening and building new roads to meet the ever increasing population. Common sense tells us FixOurRoadsFirst.com". 

Hillsborough County has transportation needs that must be addressed and we will stay engaged on this issue.

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A copy of the No Tax For Tracks Statement can be found here.

Take Action to Support SB1130 and Eliminate TBARTA Once and For All!

TBARTA, the Tampa Bay Area Transit Authority, is a wasteful, duplicative and crony bureaucracy that must go. We have been advocating for eliminating TBARTA for almost a decade.

Senator Jeff Brandes has given us the opportunity to get rid of TBARTA with his SB1130 bill to dissolve TBARTA. 

Here's our latest podcast (about 5 minutes) explaining why we must get rid of TBARTA once and for all. Eliminating TBARTA will ensure this agency never becomes a regional taxing authority that would empower and enrich crony special interests.

The Florida 2021 legislative session begins March 2nd.

Take action today to help protect the taxpayer. SB1130 needs a champion and companion bill in the State House.

Voice your support for SB1130 by contacting Speaker Sprowls, Senate President Simpson and your State House and Senate Representatives at:
https://www.myfloridahouse.gov/representatives
https://www.flsenate.gov/Senators

A big Thank You to Senator Brandes for providing that rare opportunity to get rid of an unnecessary and wasteful bureaucracy.

Support Senate Bill 1130!

Gov DeSantis Election Integrity Proposals Will Help Stop Progressive Billionaires from Meddling in Our Elections

Kudos to Governor DeSantis who proposed new measures to safeguard our elections in the state of Florida.

His press release, found here, addresses a number of important issues including prohibiting counties from receiving grants from private third-party organizations for “get out the vote” initiatives.

We found out right after the November election last year that 12 county Supervisors of Elections officials in Florida, including Hillsborough County, received "Zuckerberg" grants. Mark Zuckerberg and his wife donated $400 million to a tax-exempt nonprofit Center for Tech and Civil Life (CTCL), a 501(c)(3) based in Chicago, IL.