Florida Legislature is raiding concealed weapons licensing trust fund

Status
Not open for further replies.

xsquidgator

Member
Joined
Jan 14, 2007
Messages
835
***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: (850) 488-4441 or (850) 488-7146
Fax number: (850) 487-0801

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 licence 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.

BUT, feigning a desperate need for funds for education and health care, legislative leaders recklessly and ruthlessly confiscated trust fund money. Why? Because they were building a so-called "working capital" fund for the 2010-12 legislative term, reported now to be in the neighborhood of $1.8 BILLION DOLLARS. This so-called "working capital fund" is for the use of future legislative leaders.

They didn't take that money for education. They didn't take that money for health care. They didn't take that money to save jobs. They didn't take that money to avoid pay cuts, or budget cuts -- they took the money to help build their own fund.

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: (850) 488-7146
 
The letter I just sent:

Dear Governor Crist,
I was just informed by the Unified Sportsmen of Florida that the legislature is attempting to "sweep" $6 Million from the fund specifically set up to administer Florida's concealed weapons and firearms licensing program. This deeply concerns me, as even the fully-finded program has not been able to satisfactorily process all of the applications and renewal requests for Florida concealed weapon permits. I can only imagine how slowly and unreliably the program will run if the legislature succeeds in diverting money paid specifically for this purpose, towards other purposes. I am especially concerned since as someone who has had a Florida concealed weapons permit for some time, and have renewed it, that I have paid into this fund which has proven to be too tempting for the Florida legislature to keep from trying to take it for their own purposes.
PLEASE veto this $6M trust fund sweep from the Department of Agriculture & Consumer Services Division of Licensing authorized under Section 59 of the Conference Report of SB-2600.

Sincerely,
 
Received the same message, and am drafting up a response now as well as giving them a call when their office opens.


A typo in xsquidgator's response though,
concerns me, as even the fully-finded program has not been able to

I believe it was intended to be fully-funded.
 
Last edited:
Hmm, another reason to work at keeping open carry legal.

Can't illegally tax and spend it out of existance. ;)
 
I have called my local State Rep. My question to him was this.

"I have a right to maintain and bears arms, recently affirmed by the SCOTUS. In Florida we were allowed to open carry a hand gun with out a license being required. When the new CCW law war passed, the State no longer allowed open carry, allowing only conceal carry.

This is with in the powers of the State per the Florida Constitution. They may dictate the manner of carrying, but may not deny the right to carry.

The only way I can exercise my right to carry is to carry concealed. But to do so, the State requires I pay a fee, seek their permission to CCW and carry a license.

Why must I pay to exercise a right granted of my Creator and protected from State infringement by our Constitution and obtain and carry a license?"

The State may demand a license for such thing as driving on the public highways. But we drive with the permission of the State; there is no right to drive.

I've been invited to meet with him on Tuesday. Can any of you here add any thoughts? This guy carries a NRA A+.
 
I have attempted to find the law that does not allow the governor to move budget line item funds to the state general fund or to other budget line items. There is no law that I can find that disallows this action. The permit fees are charged to offset office costs and employee salaries that are derived from other taxes and state fees.. Bronson was remiss in his duty for allowing the backlog to grow to more than 95,000 prior hiring additional personnel.
 
After much reading of a very dry subject I found where the governor has the authority to take up to $7.9 million of the $8 million from the licensing Trust Fund under:
FS 493.6117 Division of Licensing Trust Fund.--There is created within the Division of Licensing of the department a Division of Licensing Trust Fund. All moneys required to be paid under this chapter shall be collected by the department and deposited in the trust fund. The Division of Licensing Trust Fund shall be subject to the service charge imposed pursuant to chapter 215. The Legislature shall appropriate from the fund such amounts as it deems necessary for the purpose of administering the provisions of this chapter. The unencumbered balance in the trust fund at the beginning of the year shall not exceed $100,000, and any excess shall be transferred to the General Revenue Fund unallocated.
And FS 790.06 License to carry concealed weapon or firearm.--
(13) All moneys collected by the department pursuant to this section shall be deposited in the Division of Licensing Trust Fund, and the Legislature shall appropriate from the fund those amounts deemed necessary to administer the provisions of this section. All revenues collected, less those costs determined by the Department of Agriculture and Consumer Services to be nonrecurring or one-time costs, shall be deferred over the 13-year licensure period. Notwithstanding the provisions of s. 493.6117, all moneys collected pursuant to this section shall not revert to the General Revenue Fund; however, this shall not abrogate the requirement for payment of the service charge imposed pursuant to chapter 215.

It also appears that Bronson has not managed his department properly based on
the following excerpt from FS 493.6117

The unencumbered balance in the trust fund at the beginning of the year shall not exceed $100,000, and any excess shall be transferred to the General Revenue Fund unallocated.
 
From the NRA

***ALERT Governor Charlie Crist VETOED CW Trust Fund Raid***



DATE: May 27, 2009
TO: USF & NRA Member and Friends
FROM: Marion P. Hammer
USF Executive Director
NRA Past President

This morning, Governor Charlie Crist used his veto pen to veto the $6 Million raid on the Concealed Weapons and Firearms Licensing Trust Fund sweep put in the budget by the legislature.

Governor Crist deserves our profound appreciation for his veto.

The legislature intended to take $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. That would have been a DEFACTO TAX ON GUN OWNERS

Please Call, Fax, or Email Governor Charlie Crist and thank him for the VETO OF THE SECOND AMENDMENT TAX created by the intended sweep of $6 Million from the Division of Licensing Trust Fund.

Phone number: (850) 488-4441 or (850) 488-7146
Fax number: (850) 487-0801

Send your email to the Governor at this address:

[email protected]

IN THE SUBJECT LINE PUT:

THANK YOU for your VETO of the CW Trust Fund Sweep



Please send your email today!!!!!



To read an article from the Orlando Sentinel, click here.
 
The veto is IMO BS, I would bet my paycheck that the excess money in the fund, funds that are not encumbered, will be taken during the 2009-2010 budget negotiations that are in the works now per FS 493.6117 Division of Licensing Trust Fund.

Please refer to my post #16
 
The state has been doing that sort of thing for ever. Does anyone remember the big push back in the 80's for the Lottery? It was going to add so much money into the education system. What it ended up doing was funding the education system because nearly every dollar the Lottery brought in, the Congress reallocated the regular funding to other areas. The Education fund really got no additional money and that's why we are still in the bottom half of the nation.
 
Status
Not open for further replies.
Back
Top