Tax-swapping amendment 5 knocked off ballot. For now

Circuit Judge John C. Cooper just threw the tax-swap plan off the ballot, saying the ballot title and summary were misleading. It's not much of a shock, considering Cooper's line of questioning yesterday. More here on that.

Download taxrule.pdf

To sum up: Cooper said the ballot language didn't tell voters that education money would be "held harmless" for just one year, while the state-set school property tax would be eliminated forever.

The father of the amendment, former Senate President John McKay, who pushed the measure through the Taxation and Budget Reform Commission after years of trying to reform Florida's tax system, vowed to appeal. He said Cooper's ruling came as no real surprise, considering the number of times he has been in court fighting for tax reform.

"I have yet to figure out the justice system," McKay said. "A judge can seem to lean one way but rule another. If the courts rule in our favor, great. If not, we'll appeal."

What was the biggest problem?

"The problem is the judge really didn't understand education funding," McKay said.

But the opponents of the measure, the Coalition (of 30 lobby groups) to Protect Florida's Economy said the judge got it just right.

"I was very pleased with the way the arguments went yesterday and felt Judge Cooper had a firm understanding of the issues.  Unfortunately for them, opposing counsel's arguments fell short," coalition attorney Barry Richard said in a written statement.

Now the Florida Chamber of Commerce wants a special lawmaking session on property taxes. Apparently, the three previous high-tension sessions on the issue and the Legislature's failure to please anyone just weren't enough. But at least it's an election year. There's no way politics would get worse then. Download chamber.pdf

Comments

[Tow Nater]

I can not believe that these government hacks are trying to keep this issue out of the hand of voters. There needs to be significant reform in the way people are taxed, overtaxed, in Florida.

[Bill]

just three the tax-swap plan?

[Dan Krassner, Florida Chamber of Commerce]

Florida Chamber of Commerce Calls for Special Session on Property Tax Relief

The Florida Chamber of Commerce applauds Judge Cooper’s actions and the efforts of the Coalition to Protect Florida’s Economy in their legal challenge. This decision will help remove a cloud of uncertainty for consumers and business owners over looming tax increases.

We want to recognize the hard work of the Taxation and Budget Reform Commission to provide property tax relief and taxpayer fairness. Our property tax system remains unfair and unsustainable. There is so much left to be done to provide Floridians with comprehensive property tax relief.

The Florida Chamber of Commerce requests that following the November election Governor Charlie Crist call an immediate special session of the Florida Legislature to address comprehensive property tax relief.

See our letter to Gov. Crist with proposed tax relief and taxpayer fairness solutions at www.floridachamber.com.

Mark Wilson, Florida Chamber of Commerce

[David Lajes]

Mr. Wilson, you mean to tell me you want Christ and the Florida Legislator to make the decisions, the same way that our property insurance was suppose to come down. what did Christ and the Legislation do??

[American Woman]

Oh goodie..Another special session, more tax payers money. Either way they're raping us.
Do it right, keep your promised Mr. Crist. You said you would lower taxes not pay more somewhere else.

[jaguar]

I am unhappy the courts continue to knock down ballot initiatives for overly strict interpretations of the summary or title. Next time, please let the people decide. The opposition groups can do a fine job of explaining the ramifications to the voters. All this does is delay the inevitable vote on a substantially similar proposal in 2010.
Don't get me wrong. I would have voted NO on the Tax Swap, but I supported it going to the voters because we are supposed to have some direct democracy here in Florida