Judge to rule this morning on Amendment 5
Thursday, August 14, 2008
--- Jim Ash
Tallahassee Circuit Judge John Cooper is expected to rule this morning on a legal challenge to Amendment 5, a proposal to swap about $8 billion in property taxes dedicated to schools with a penny hike in the state sales tax, budget cuts and services taxes.
Teachers and business groups challenged the measure after the Taxation and Budget Reform Commission put it on the Nov. 4 ballot earlier this year. Their biggest concern is the biggest question mark Amendment 5 leaves hanging—how the Legislature will fill the giant hole left when the constitutional change cuts the average homeowner’s property taxes by 25 percent.
The groups argued in a hearing yesterday that the ballot language is misleading and that the commission, which meets every 20 years, exceeded its authority.
Cooper appeared to agree with challengers when he pointed out that the ballot description fails to mention that lawmakers would be obliged to replace the money lost to education only in the first year.
Gov. Charlie Crist backs the plan. Senate Finance and Tax Chairman Mike Haridopolos, a conservative Republican from Indialantic, is slated to be Senate president when the plan takes effect and is adamantly opposed.