Those Who Lose Do Not Get to Choose - Winning Side Gets to Decide The Refund Process
Tampa, Fl
From: Eye
On Tampa Bay
Posted by: Sharon Calvert
The All For Transportation (AFT) cabal is a political clique of wealthy special interests, influential power brokers, political insiders, unethical bureaucrats, "friendly" media, and transit activists, who privately schemed to deceive voters in 2018. After losing the AFT lawsuit, the cabal is now scheming to try to keep as much of the illegally collected AFT tax monies as possible...as they push AFT 2.0 for 2022.
Recently leaders of Fix Our Roads
First (FORF) held a "We Want Our Money Back" Press Conference
demanding the over half a BILLION dollars of unlawful and unconstitutional AFT
tax monies be equitably refunded to the people either thru a sales tax holiday
or a direct check. FORF does not believe AFT or any of the Defendants who lost
the AFT lawsuit should be driving the refund process. FORF believes the County
can fund its transportation needs without massive 30 year sales tax hikes and
Hillsborough County must focus first on fixing and improving our roads, the
county's largest and most broadest used assets.

Commissioner Stacy White, who championed
the legal challenge that got AFT overturned by the Florida Supreme Court,
joined FORF to also comment on the issue. White clearly stated the unlawful AFT
tax monies are not the County's money and must be returned to the people. White
stated the court filing made by outside hired lawyers that forces people to
submit receipts for over 2 years to a 3 judge panel is "funny
business" to enable the County to keep as much of the unlawful tax dollars
as possible. White also emphasized we "cannot reward bad behavior".
The Eye's video of the Press
Conference can be found here.
I spoke at the FORF press conference
as well as Tom Gaitens, Dr. Jim Davison and Karen Jaroch. We have been actively
engaged in the transportation issue in Tampa Bay for over a decade with Dr.
Davison actively engaged in the issue for almost 30 years.
As a reminder, AFT, funded by wealthy
special interests, is a Tampa centric 30 year ONE PERCENT (not one cent) $16
Billion rail tax that included no dedicated funding for needed new road
capacity. AFT deceived voters their transit tax would fix roads and reduce
congestion. Then County Administrator Mike Merrill admitted in 2018 congestion
would get worse with AFT's massive tax hike spending plan that dictated $7
Billion be spent on Tampa rail and transit and nothing on new road capacity.
Now AFT has pushed the "Tampa
Centric 5" county commissioners to put AFT 2.0 on the ballot before one
cent of the illegal transit tax has been refunded.
Local media attended the FORF Press
Conference, they covered it and provided some reporting. But they also
immediately sought comments from the lawsuit losers - AFT and other losers. In
2018 the media did not provide such equal opportunities to comment from those
who warned about AFT's legal issues. Such equal opportunity reporting could
have changed the outcome and caused voters to reject the AFT transit tax
avoiding the costly legal mess AFT created.
Noticeably missing from the press
conference was the Tampa Bay Times. They chose to ignore the press conference
that included a sitting county commissioner. The Times refused to report
anything about the press conference.
And we know why....
The Times, financially distressed for
years, was financially bailed out by wealthy power broker Jeff Vinik. Jeff Vinik is the largest donor
bankrolling AFT.
Vinik and his downtown development,
already given $100 million of county and city subsidies and other tax breaks,
would greatly benefit from the AFT tax that funded rail in Tampa paid for by
taxpayers in unincorporated Hillsborough. The Times became AFT's biggest cheerleader in 2018 and they shut out
voices of those who warned about AFT's legal issues and opposed AFT. The Times
refused to report even when Commissioner White warned about AFT's legal issues.
As the AFT cabal pushes AFT 2.0, best
to remember that honest reporting or even balanced reporting about AFT and
anyone associated with AFT will never come from the Tampa Bay Times.
The winning side of the AFT lawsuit
should drive deciding how to refund the unlawfully collected $512 million not
the losers. Those who lose do not get to choose the refund process.
The AFT cabal should be apologizing
for their malfeasance and violation of public trust. Instead the AFT cabal
wants a sham refund process that benefits them and enables the County to keep
as much of the unlawfully collected tax as possible.
AFT lawsuit losers Hillsborough
County, Tampa, HART and Clerk of the Court, filed a motion with District Court Judge Rex
Barbas requesting a dubious refund process. The questionable process requires
people to submit receipts for any refund of the tax unlawfully taken from them.
The AFT losers know most people did not keep receipts for all the illegal taxes
they paid for over 2 years. They want the County to keep all remaining illegal
taxes not claimed with receipts.
Barbas is the same judge who made a
"friendly" lower court ruling in 2019 allowing the County to keep the
AFT tax money while throwing out the regulatory spending and oversight
committee. Barbas lower court ruling, favorable to the County, was obliterated and
totally overturned by the Florida Supreme Court. There are valid concerns that
Barbas should not be deciding a refund process being pushed from the AFT
losers.
In their court filing the AFT losers
call themselves "Recipient Governments" indicating they believe they
own and control the illegal AFT tax dollars. Their sham refund process does not
require sending any refund notices directly to the households, residents and
businesses in Hillsborough County. They only request a "notice to
claimants" be published in a "newspaper of general circulation in
Hillsborough County" (probably their media ally the Vinik bailed out
Times) and notices posted on their websites and on their social media accounts,
e.g. Twitter, Facebook, Nextdoor.
Only a fraction of the 1.5 million
residents of Hillsborough County use the "Recipient Governments"
websites or follow their social media pages. Directly reaching as few people as
possible appears to be their intent. No mention is made how to notify those who
do not have newspaper subscriptions, those who do not use the "Recipient
Governments" websites, those who do not use social media or those who
never access the "Recipient Governments" social media pages.
AFT supports the "funny
business" refund process which could have actually been driven by AFT and
their lawyers. AFT wants the County to keep as much of the illegal tax dollars
as possible to spend how AFT dictates. They claimed in 2018 that tourists would
pay 20-25% of the tax, which is $100-$128 Million of the $512 Million
unlawfully collected. AFT knows tourists will not be requesting refunds. They
too are banking on most people not having receipts, many people never even
knowing about the refund process and many others never submitting anything in
the short time period required.
Such dubious process requested by the
AFT losers could cause more legal action as the AFT class action lawsuit has been refiled in Leon
County.
Commissioner Kimberly Overman, a
transit activist and Tampa centric commissioner who supported the unlawful AFT
transit tax, was sought out by media after the press conference. Overman, a
member of the AFT cabal, was caught lying to media in 2018 which she stated AFT
had been "closely vetted" but could
provide no evidence to back up her claim.
This go round with media, Overman
tried to compare the AFT losers shady refund process to a program where the
county pays rent for someone needing financial help. Overman oddly stated:
"When we make rental payments for people that can’t pay their rent, they
submit a great deal to prove that they have to pay their rent,” Overman said.
“I don’t know why this would be any different.”
Such comparison is a wrong one to
make. The County has legal authority over county funds used for their rent
payment program. The County, losers in the AFT lawsuit, has no legal authority
over AFT tax monies unlawfully collected. Commissioner White, who won his
lawsuit, clearly stated at the press conference the unlawfully collected AFT
tax dollars are not the County's money. The County has no authority to dictate
how the illegal tax gets refunded.
While speaking to the media Overman
also claimed a sales tax holiday refund would not help the poor and lower
income. Overman's claim makes no sense as paying less for goods and services
helps everyone, especially the poor and lower income. Ironically it is
Overman who called her own constituents "super stupid".
Overman became a deer in the
headlights when she got directly challenged. While speaking with media, Overman
was directly confronted, as reported here, by one of her constituents who
wants their money back but has not saved her receipts for 2 years.
 | Commissioner Overman has no answer to those who want their money back but have not kept receipts for over 2 years |
|
Overman had no answer.
A county commissioner who cannot
answer basic questions about her own policies is in the wrong job. Overman
is running for re-election next year.
With the AFT cabal, the end justifies
the means.
AFT put an illegal transit tax on the
ballot, lied about it, created a costly legal mess and have no remorse about
it. If the AFT cabal wants to shaft most taxpayers who have no receipts to
recover the illegal tax they paid, so be it.
The AFT cabal thinks the AFT taxes
illegally collected are their money anyway....not yours.
The AFT cabal have no shame.
Posted by Sharon Calvert at 9:40 AM
This
post is contributed by EYE ON TAMPA BAY. The views expressed in this post are
the blog publisher's and do not necessarily reflect those of the publisher of
Bay Post Internet.
Cross Posted with permission from: Eye
On Tampa Bay
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