Judge removes property tax amendment from January ballot

TALLAHASSEE, Fla. – Sept. 25, 2007 – A Leon County circuit judge ruled yesterday that the Florida Legislature’s proposed property tax constitutional amendment is misleading, and he removed it from the Jan. 29 ballot. Weston Mayor Eric Hersh had challenged the amendment.

The Florida Association of Realtors, lawmakers and Gov. Charlie Crist are now reviewing their options: Appeal, revise the amendment wording, or both.

Revise the wording

Circuit Judge Charles A. Francis of Tallahassee ruled that the ballot language was misleading, and the Florida Legislature has a special session scheduled for Oct. 3. Under Florida law, a proposed change to the constitution must be created at least 90 days before the election in which it is to appear, so this could be accomplished without changing the special session dates.

The amendment “came together very fast in June’s special session, so I don’t think it’ll hurt for them to make it a little more understandable,” says John Sebree, FAR vice president of public policy. According to Sebree, the court ruling may not be a setback – it may be an opportunity since it could give lawmakers a chance to make the amendment even stronger.

In its decision, the court ruled that that ballot summary read by voters calls for “preserving application of Save-Our-Homes provisions until an irrevocable election is made.” Francis called that misleading, saying the amendment would actually phase out the existing property tax. Under the change, homeowners could opt to keep their Save-Our-Homes tax savings as long as they live in the same homesteaded property, losing it if they move – just as they do under current law. However, they could not choose Save-Our-Homes tax savings in the future should the amendment pass.

Appeal

Lawmakers could also appeal Francis’ ruling and hope that a higher court will return the question to the ballot. At this point, that appears to be the tactic favored by the Florida Senate. Late this morning, Senate President Ken Pruitt announced that the Senate would rather defend Senate actions in court than change the ballot language.

Revise wording and appeal

Lawmakers could try for some balance. It’s not clear how long a court appeal could take, and whether or not it would happen early enough to make the 90-day waiting deadline for getting amendments onto the January ballot. Lawmakers could choose to hedge their bets by appealing and, simultaneously, tinkering with the amendment. However, it’s unclear right now how that would work.

It’s also possible, though unlikely, that the Legislature could defer the matter to the Taxation and Budget Reform Commission, which has the power to put amendments directly before voters. While powerful, the Commission seemed willing to take a backseat to the Legislature’s efforts, at least until now. In addition, the commission would not be able to place anything on the ballot by January, postponing a general vote until at least November 2008, with changes to Florida property tax laws occurring no earlier than 2009. FAR President Nancy Riley serves on the commission.

FAR’s John Sebree says that the Tallahassee team and FAR leadership will continue to lobby for passage of the January amendment, and his team’s planned sessions visiting local boards will continue as scheduled.

Following the judge’s ruling, legislative leaders quickly voiced their support for property tax relief and promised to continue their work. House Speaker Marco Rubio (R-West Miami) said: “One way or another, we will give Florida taxpayers the relief they deserve.”

© 2007 FLORIDA ASSOCIATION OF REALTORS®

Questions, comments or suggestions on this article? Have a news tip? Send a letter to the editor to: Newseditor@floridarealtors.org.