Court throws off property tax and voucher amendments

In a swift ruling, with opinions to follow, the Florida Supreme Court today just threw out three controversial amendments relating to property taxes and school vouchers on the grounds that they were improperly placed on the November ballot and are misleading to voters.

The ruling comes just four hours after the court finished hearing oral arguments on challenges to Amendments 5, 7 and 9 in a fast-tracked hearing Wednesday, intended to produce a ruling in time for the Friday deadline for the Secretary of State to certify the official ballot.

In an animated one-hour session, the justices left no doubt that they had numerous questions about whether the Taxation and Budget Reform Commission, which meets every 20 years, exceeded its authority when it voted to place the voucher amendments, Amendments 7 and 9, before voters.

The court also pummeled the attorneys with questions about whether Amendment 5, which would reduce property taxes by an average of 25 percent and force lawmakers to replace the money with sales and other taxes, is misleading.

Opponents to Amendment 5, including a large coalition of business, health care, education and other interest groups, argue that the ballot language misleads voters into thinking that if they eliminate property taxes that pay for schools, schools will be protected from budget cuts. In fact, the amendment specifies that the legislature must protect school spending only the year the amendment takes effect -- in 2010-11.

Proponents say the first year is the most important year since that is when lawmakers would have to come up with replacement money. They say the guarantee is not implied beyond that single year.

Justice Lewis criticizes "game-playing'' of amendment process

During the animated debate over whether Amendments 5, 7 and 9 should be stripped from the November ballot, Justice R. Fred Lewis decried what he said was the "game-playing'' that has
increasingly enveloped the amendment process -- in which proponents try to snag voters
with misleading or incomplete ballot titles and summaries. Read full story here.

"It's starting to become a game and these things ought to fly on their own merit," Lewis said as the court heard arguments this morning. "We're talking about organize law of the great State of Florida and if we get into this game-playing, as it appears all the time, and it's getting more and more and more.

"Why not require, if anyone wants to change the constitution, that it not be misleading, that it not engage in all these catchy phrases and political arguing that's popular today?"

After the hearing, attorney Mark Herron, who has successfully challenged and defended several constitutional amendment proposals, said he agreed with Lewis that the process of ballot wording has become too politicized and needs reform.

"There is politicization of titles in some of these things,'' he said. "Maybe not these amendments but I tend to agree. I've had to draft them from time to time and rejected suggested titles because there have been cases where there are words in there of political import that shouldn't be in there.''

Herron said it didn't apply to the amendment he was defending, Amendment 5. Drafter wanted the title and summary to be an index of what the amendment did not expose some flashpoint.

As to the prospect of restoring Amendment 5 to the ballot, Herron was more circumspect: "I've gotten beat up a lot of times," he said. "Sometimes you win.
Sometimes you lose.'

Court leaves three amendments in doubt

The Florida Supreme Court left no doubt today that Amendments 5, 7 and 9 could be in trouble because they were improperly placed on the ballot. The court heard arguments Wednesday morning on the controversial amendments relating to property taxes and vouchers. It is expected to rule by Friday, in time for the Secretary of State to certify the official November ballot by its Sept. 5 deadline.

The Taxation and Budget Commission placed the amendments on the November ballot. Read full story here.

Haridopolos to McKay: Let's get ready to rumble

Sen. Mike Haridopolos, who has put together a coalition to battle the tax swap proposal going before voters this fall, issued a challenge on Monday to former Senate President John McKay. The Brevard County Republican wants to go mano a mano against McKay to debate Amendment 5, which Haridopolos contends will be a train wreck for the state's economy.

Haridopolos says that he wants members of the public to understand the impacts of the amendment - which calls for eliminating property taxes and then replacing some, but not all, of the money with a one-cent hike in the sales tax. He would like to hold debates in all the major media markets of the state. Haridopolos, who has not issued his challenge personally to McKay, said if the senator declines his invitation then his group, Protect Florida's Future, will go ahead and hold town hall meetings to talk to people about Amendment 5.