Florida siphons many millions from trust funds...Crist vetoes raid on gun permits, lets others pass

[madfloridian]

He got the message on that one and vetoed the Legislature's decision to raid $6 million from a trust fund that was set up to process concealed-weapon permits. He had tremendous pressure from the NRA. That trust fund was not raided.

As the article says though the legislature in effect turned many vital trust funds that effect huge numbers of people, the environment, the drinking water system into "slush" funds. Governor Crist did not veto the many millions taken from those trust funds.

More about the trust funds they raided, the ones that were allowed to go through.

Diminished State Funds: Florida's Trust Busters

The squeaky wheel usually gets the grease, and so it was that Gov. Charlie Crist heeded the protests of the National Rifle Association and vetoed the Legislature's decision to raid $6 million from a trust fund that was set up to process concealed-weapon permits. Crist did so Thursday in conjunction with signing the $66.5 billion state budget. His only other veto was of a 2 percent cut for state workers making more than $45,000 a year.

NRA Florida lobbyist Marion Hammer had called the Legislature's trust fund raid a "last minute sneak attack" on gun owners and a violation of their Second Amendment rights.

The other trust fund raids were in areas that will impact many people in the state.

In fact, to prop up the proposed state budget, the Legislature siphoned nearly $600 million from numerous state trust funds that were established for worthy public purposes, and fueled by taxes and user fees specifically approved to serve those purposes.

Even more egregious was the decision to take $135 million from a fund intended to clean up underground-gasoline-contamination sites. There are thousands of such sites spread across Florida. Taking that money to spend on general government is a shocking act of irresponsibility on the Legislature's part.

More raids:

As Gainesville Mayor Pegeen Hanrahan put it in a recent article in The Gainesville Sun, "why would they cut a fund that, first of all, has significant implications for Florida drinking water and, second of all, is supported by the petroleum industry and fully funded by gas taxes?"

That's a good question. The only apparent answer is: Because they could. Those raids aren't lawmakers' only breach of trust. They also took $92 million out of Florida's affordable-housing fund and $120 million out of the state's transportation-improvement fund, among others. For all practical purposes, lawmakers turned state trust funds into slush funds.

It looks like more funding was added since I posted something in February about the concealed permits.

Florida budgets 3.8 million more for gun permits, cuts more school funding, waits for stimulus aid.

"A legislative panel on Wednesday approved $3.8 million in new spending to help cut a backlog of 90,000 applications for concealed weapons permits that one top official attributed to Florida's economic woes." "Panel OKs money to cut Fla. gun permit backlog". See also "Florida approves hire of 61 temporary workers to reduce gun permit backlog".

.."The Department of Agriculture and Consumer Affairs will hire 61 temporary workers between April 1 and June 30 to process the gun applications in Tallahassee and eight regional offices, but most of the money will go for criminal background checks.

.."OCALA — School districts statewide were told by Florida’s commissioner of education on Wednesday to brace for a 16 percent reduction in funding for the 2009-10 school year — one third more than expected.

Not sure how much education ended up being cut, haven't found the figures yet. But Crist should have vetoed raiding all of the trust funds, not just picked one to veto.

The legislature and Crist were also threatening to raid the Lawton Chiles fund named after the former governor. Chiles family vowed to sue if they did so, and I don't know the outcome on this. The latest I can find is from January this year.

Last week Governor Crist claimed that his raid of the Chiles Endowment Trust Fund would be “repaid quickly.”

The Tallahassee Democrat last Wednesday had this report:

Key to Crist’s plan is $600 million borrowed from the Lawton Chiles Endowment and using $135 million in payments from the Seminole Tribe that’s a part of an agreement Crist made but the court’s struck down.

Crist said the Chiles money will be repaid promptly. The late governor’s family has threatened legal action if the state sells assets of the health-care fund, and may ask that the Chiles name be removed from the endowment if it is treated like a regular revenue source.

The Governor’s plan is not only fiscally irresponsible but it is immoral. As someone who in the State Senate fought Governor Chiles every step of the way during his fight for Florida’s Children Crist does not have the moral authority to make this choice. In 1995, Crist voted to repeal the State’s lawsuit against Big Tobacco as a Senator. In 1996, Crist voted to override the Governor’s veto. This override attempt failed by one vote.

The Jeb Bush Republicans have devastated our state economically, and now they are stripping what is left of trust and endowment funds.

[L0oniX]

1. Bull shit! I paid $117 for my CWP. Trust fund my ass.

Go figure 90,000 x $117 and get a clue.

[Statistical]

2. What you not realizing is it wasn't the legislatures money to begin with

People PAID $120-$150 for a CCW (essentially a FREE NICS check, couple minutes to review their training and $0.50 piece of paper)

The state didn't give them a CCW.

The state then tried to TAKE their money set aside for the CCW they didn't get and spend it on other things.

This money didn't come from sales tax, or income tax.

The money was PAID for a CCW. In essence citizens BOUGHT A PRODUCT (CCW) and the state took their money, failed to delivery the product, and then tried to spend the money. If anyone tried to do that they would be in jail.

[L0oniX]

3. This is the second time shes posted this crap. She seems to think they are taking money....

away from education so we can have gun permits.

[madfloridian]

4. Here is the contact info for the Ledger's editorial page.

Talk to them.

If you think they have it wrong, and that there is no trust fund like you say....then bug them until they correct it.

http://www.theledger.com/article/99999999/MISC/958878871

I have found their editors to be quite fair on most issues. They listen and respond if you are nice to them.

Try it. Tell them they are wrong before you call me names.

[Statistical]

6. Let me make it really simple.

THERE IS A TRUST FUND.

THE $$$$$ IN THE TRUST FUND CAME FROM CCW FEES.

Step 1) CCW candidate fill out application and attaches a $120 check
Step 2) Treasurer cashes the check and puts $120 in the CCW TRUST FUND
Step 3) Costs of CCW program are paid from the trust fund
Step 4) Citizen receives CCW


This is what FL legislature tried to do


Step 1) CCW candidate fill out application and attaches a $120 check
Step 2) Treasurer cashes the check and puts $120 in the CCW TRUST FUND
Step 3) Flordia doesn't hire enough people to handle all the CCW applications
Step 4) Florida notices a lot of money piling up in the CCW TRUST FUND
Step 5) Flrodia tries to steal the money from the fund
Step 6) Citizen DOESN'T GET CCW THEY PAID FOR!

Nobody is disputing the article. Everyone is disputing you interpretation.

There is a trust fund.
The trust fund is funded by CCW applications.
The fund should be used for CCW applications.

IF you want have the legislature start an education trust fund.
Then you an anyone else can mail in $120 checks to improve education.
People paid $120 to get a CCW not to have the funds stolen by the legislature.

[madfloridian]

7. ....

"In fact, to prop up the proposed state budget, the Legislature siphoned nearly $600 million from numerous state trust funds that were established for worthy public purposes, and fueled by taxes and user fees specifically approved to serve those purposes.

Even more egregious was the decision to take $135 million from a fund intended to clean up underground-gasoline-contamination sites. There are thousands of such sites spread across Florida. Taking that money to spend on general government is a shocking act of irresponsibility on the Legislature's part."

Others are funded by user fees and taxes.

[Statistical]

10. So because other trust funds were raided.....

the CCW trust fund should be raided also?

2 wrongs make a right?

I am failing to see the "logic"

[madfloridian]

5. More from the Palm Beach Post....also uses the words trust fund.

http://www.palmbeachpost.com/state/content/state/epaper/2009/05/27/0527statebudget.html

"TALLAHASSEE — Gov. Charlie Crist vetoed just $36 million of the $66.5 billion budget today, but that tiny fraction could be priceless.

Crist used his red pen to restore $6 million for processing concealed weapons permits and to nix a 2 percent pay cut for some state workers.

The National Rifle Association and other gun-rights advocates sent Crist more than 30,000 e-mails demanding a veto of the trust fund raid. At the same time, Crist allowed the legislature to divert more than $500 million from other state trust funds, including those that pay for road projects, affordable housing and cleanups of fuel-tank leaks.

At a time when one in 10 Floridians is out of work and many others are underemployed, Crist also vetoed a 2 percent pay cut for state employees earning more than $45,000 per year - a total of $30 million affecting about 5,000 state workers.

But he may have violated the state constitution to do it, one taxpayer watchdog group complained.

The vetoes are likely to endear Crist, who is running for U.S. Senate, to the NRA and to some union workers."

[scrinmaster]

8. Bullshit. The money in the CCW fund comes from the people who want a permit.

It isn't a general fund, the money in it comes specifically from the fee to get a permit.
Anyways, this should mean that it won't be too much longer for my permit to come back.

[madfloridian]

9. Here's the contact info for the Palm Beach Post.

http://www.palmbeachpost.com/help/content/help/customer_service.html

The contact info for The Ledger is listed above.

Contact them and tell them they are not to call it a trust fund. :shrug:

[Statistical]

11. Why do you think trust fund somehow excludes the fact that the FUND was FUNDED by CCW fees

CCW Fees ----> CCW Trust Fund ---> pays for CCW program

Nothing in any of the articles indicates that the CCW fund was FUNDED by general taxpayer funds.
It wasn't.

It was funded by citizens & non-residents PAYING the state of FL $120-$150 for a 5 year permit.

***ALERT- Legislators Raid CCW Trust Fund - try to intimidate Governor

DATE: May 11, 2009
TO: USF & NRA Member and Friends
FROM: Marion P. Hammer
USF Executive Director
NRA Past President

In a last minute sneak attack on gun owners, the Florida Legislature raided the concealed weapons and firearms licensing trust fund.

They took $6 million from the Division of Licensing Concealed Weapons and Firearm Trust Fund that is intended, by law, to be used solely for administering the concealed weapons and firearms licensing program. (Read background Information below)

Please Call, Fax, or Email Governor Charlie Crist IMMEDIATELY, and ask him to veto the $6 Million trust fund sweep from the Department of Agriculture & Consumer Services Division of Licensing authorized under Section 59 of the Conference Report of SB-2600.

Phone number: [phone] or [phone]
Fax number: [phone]

Send your email to the Governor at this address:

[email protected]

Please send your email today !!!!! And/or please contact the Governor's office by phone or fax ASAP

BACKGROUND:

Right now, the concealed weapons and firearms licensing program is backlogged and overloaded, due in part to the refusal of budget officials and the Legislature to allow the Division of Licensing to use its own trust fund money to hire more employees and expand/upgrade equipment.

Crates of unopened mail containing license and license renewal applications sit in storage. The backlog of mail sitting unopened, at times, has extended beyond 90 days while existing licenses are expiring because renewal applications haven't been opened and processed.

Currently (although the Division of Licensing has been working weekend shifts to clear the backlog), it is taking 13-14 weeks to process a "perfect" application once it has been opened. That is an unequivocal violation of the law that requires issuance or denial of a license by a time certain –– a violation of law that legislative leaders are condoning by their actions.

THE LAW REQUIRES THE DIVISION OF LICENSING TO ISSUE A LICENSE WITHIN 90 DAYS OF RECEIPT OF THE APPLICATION -- or deny the license "for cause", based upon the criteria set forth in the law. Theft of operating funds by the Legislature is not "just cause" for failure to issue licenses or renewals within 90 days.

While applications sit gathering dust, legislative leaders took $6 Million of approximately $8 Million held in the trust fund. That $6 Million is supposed to be used to pay employees, buy upgraded equipment, upgrade or replace computers or software, and to otherwise administer the concealed weapons and firearms licensing program.

While Senate leadership reportedly fought to stop the ruthless raids on trust funds, in the end, they simply caved and let the House of Representatives prevail.

The bad behavior doesn't end there.

Obviously fearing the Governor would use his line-item veto to stop trust fund raids, proviso language was inserted in the bill in an clear attempt to intimidate the Governor.

The proviso language says that if any portion of the moneys swept from this and other trust funds does not become law (meaning it is vetoed), that portion of the money shall be deducted from the EDUCATION BUDGET. This is clearly designed to keep the Governor from vetoing trust fund sweeps, and prevent trust fund money from being taken back out the House leadership's so-called "working capital" fund.

Money in the concealed weapons trust fund came from gun owners. No money to administer and run the concealed weapons and firearms licensing program has ever come from general revenue, or any other state fund or revenue source. The taking of these gun owner user fees is an unauthorized tax on the exercise of the Second Amendment.

AGAIN, Please Call, Fax, or Email Governor Crist IMMEDIATELY, and ask him to veto the $6 Million raid on the Concealed Weapons & Firearms Trust Fund!

Send your email to the Governor at this address:

[email protected]

Please send your email today !!!!!

You may also call the Executive Office of the Governor at: [phone]

Don't get mad that the NRA was organized enough to protect the CCW fund.
If anything other groups should be as organized maybe those funds wouldn't have been raped by FL legislature if they had large quick acting groups that flooded the Governor phone, email, and postal mail with complaints.

[scrinmaster]

12. From the article that you posted, there are 90,000 pending applications.

Each of those 90,000 applications has a check for $117 enclosed, that's $10,530,000 the state would get. Don't get your anti-gun views get in the way of the truth.

[madfloridian]

13. I am not anti-gun. I am more for getting priorities in order.

I remember when the Lawton Chiles Foundation began to provide health care to kids with money paid for by tobacco companies. They have quietly gutted it, from what I hear.

I am pro clean water, free from taint by underground gasoline leaks.

I highly recommend you contact the two papers and get them to edit their articles.

Apparently they are wrong just as I am always wrong here.

[Statistical]

14. No they aren't.

Nowhere did they indicate that the CCW fund should be raided to pay for other projects.
One paper had the opinion that none of the funds should have been raided.

This isn't an issue of priorities.
Citizens paid money for a CCW. They didn't pay $$$ for anything else.
This didn't come from income tax, sales tax or anywhere else.

A citizen puts in a CCW application and $117 they expect to get CCW permit.

Now IF the state had EXTRA fund after processing all the applictions and wanted to use that then it would be another thing.