Tax amendment struck from ballot

The Legislature's proposed constitutional amendment on increasing the homestead exemption is misleading and must be stricken from the Jan. 29 ballot, a Leon County circuit judge ruled Monday.

No word yet on how legislative leaders intend to proceed, though appeal is certain. The language could also be reworked in the upcoming special session.

Siding with Weston Mayor Eric Hersh, Judge Charles A. Francis wrote: "Try as this court has, and having considered all memoranda and argument presented to the court and having read, reread, examined and studied the ballot summary under review, the court cannot find that the language is clear, concise, unambiguous and fair. The language at issue is misleading and confusing, and does not provide fair notice to the voter, educated or otherwise, of the purpose and effect of the proposed amendments to the Florida Constitution."

Story here.

Comments

Which Amendment?????

Read the order...the property tax amendment.

I’ve been telling you limp-wrists for months… it’s a set up. It was designed to fail from the get-go. Crack-heads will get their crack, and politicians will get their taxes…

Typical b.s. liberal wack judge, I'm sure.

Luckily there is a special session next week. Maybe judicial impeachment laws can be added...

Get with the program the Judge ruled against Hersh and for the State. Seems like wishful thinking on the part of liberal journalists.

people 7, pro tax local big spenders 0

[Mike]

Next time-read more than the last paragraph

Two parts to this decision.

1. Amendment is off the ballot and Legislators will have to try again. A win for Hersh and local governments; temporarily.

2. Laws forcing local governments to curb taxing are allowed. A loss for Hersh and local governments.

4:34, That is the way I read it also.

4:28 - you're an idiot. Try reading page 8 and then readjust your score.

Will ANYBODY even show up to the polls now, on Jan 29th?

Can you say... MISSION ACCOMPLISHED!

I have heard my legilators "explain" this proposed amendment a couple of times, and this is the first I have heard that part of it was to phase out the SOH. I realize there would be a choice for those currently with SOH, but it reads as if eventually it would be done away with entirely. No matter where you stand on the issue, doesn't this sound like they are trying to pull a fast one?

Oh, I forgot, as proven by the omission of Miami, our legislators don't seem to know exactly what is in the legislation they sign on to.

It'll be overturn by the DCA, court has no business meddling in Legislative placed amendments. Judical activism if I ever saw it!

You tell 'em Duuuubya!

incompetent counsel and team trying to advance the issue for homeowners! Good Job!

Is this the Amendment Charlie wants us to vote for: "Yes on One"?

Has he read it?

Have any of them read it?

Nice job Bill McCollum

Politician lowering taxes... Buahahahahahaaaaa... that riche, hahahahahaaaaa... what's worse, you idiots bought it hook, line, and sinker... hahahahahahaaaa... you even voted for them because you bought it hook, line, and sinker... Bhahahahahahahahahaaaaa......

Whooooooo, that's just too much, hahahahaaaaaaa......

I love when court decisions go against the crazy RIP-OFF (RPOF for short), it's a great decision; when it doesn't, it's judicial activism. Hey, the Dems told you during special session the language was misleading. Pay attention next time and get your heads out of your asses.

This House leadership is some of the worst in Florida history. The only difference between Johnnie Byrd and Rubio is that Rubio has better hair and can smile--don't worry, though, Rubio has another year to go. Hey, all you House Republicans--better get your 'bahing' down for next session!

4:42 it gets "phased out" when you die. It won't matter much to you then.

[terminator]

It's no big deal to rework.
Just appeal the judges decision, recraft the wording during the upcoming special session and put it back on the ballot for Jan. 29th.
The referendum can still take place with an appeal pending.
If the referendum gets scuttled more and more people will continue leaving the state and the economy will sink further into the abyss.
It's the legislature's decision (not the courts) to craft a solution that will reign in out of control local government.
I know a number of people who will be challenging Hirsh in the next election for Weston Mayor.

But 5:59 you forget under Article XI, Section 5 it takes 3/4s of each house to put an amendment on a non-general election ballot and a new resolution has to be passed by the legislature. How many democrats are there in the house and senate?

this plays right into Rubio's hands. After months of complaints a chance to re-do the tax deal and make it bigger. Or worse, keep it alive for another session of "tax talk" the issue that places him right in the middle of the debate. Lets see if he is smart enought to capitalize.

They knew it was misleading. It was designed to fail.

[over it]

If they just wrote legislature in plain ENGLISH, there would be no confusion. Do these politicians speak in this language when they are soliciting prostitutes, seducing interns, or receiving their miranda rights for driving while intoxicated??? Then dont write that way!!!!!! Dont these politicians know the intellect of the average human? Oh, Please! Get the people of Flroda some releif already. Just do something......... ANYTHING!!!!!!

[terminator]

6:09
less than three fourths.
Rubio will keep the full court press on and those D's who don't fall in line won't get any bills passed and will find themselves shut out of the decision making process.
I predict they'll be able to get 3/4ths with better crafted language, otherwise alot of D's could find themselves on the wrong side of the vote count come the 2008 election.
It's a second bite at the apple for Marco!

4:42
Read it again. "Phasing out SOH 3% assessment cap."

The Rubio, Pruitt and Crist team won't do much better with ten chances.

I didnt think the judicial branch could take legislative amendments off the ballot. The courts can only remove citizens amendments for confusing language. Any experts care to weigh in?

[Omega83]

maybe, hopefully, the sales tax swap is still alive...at least Rubio has a plan to make-up lost revenues through the sales tax.

I am one of the biggest Rubio critics on here, but the sales tax swap is really the best plan out there.

Tweak the local funding formula and it could work.

I am no legal expert, but after reading the ruling, part of it seems to violate the constitution.

[Ned]

It is a half baked plan to trick homesteaders out of the 3% cap on assessments. Looks good in the early years but watch out, market value assessments are gonna cause the same problems caused today. Cap the assessment and a SUPER DUPER Exemption for residential and commercial properties. That is real tax reform instead of the half baked solution proposed so far.

7:34 you are absolutely correct.... MANY people want the sales tax swap which would benefit everyone equally. Those who buy more expensive stuff pay more. Tourists, illegals, all pay the same. It doesn't unfairly burden the property owners with subsidizing those who use the system but don't pay for it. Unlike this proposed amendment which ONLY benefits those recently moving here - not the longtime Florida families who now can't afford to move up or down. What happened to portability by the way?

I don't want to pay 10% tax when I buy a car.

[Epol]

I am SHOCKED, SHOCKED that this activist judge would dare follow the law.

Nice try Republicanos.

the legislature -- and exective branch -- can NOT do whatever it wants.

just write a damn ballot summary that's legal. then watch this sucker sink like a rock.

Ned and 4:42, the amendment has to be read in conjunction with the tax cut legislation. The legislation limits future property tax revenues to growth in income within counties and cities. That's essentially the same as SOH, except it protects commercial property owners as well. SOH phases out only because we all either sell our homes or die someday.

[glasstique]

If save our homes is lost it negates the gains as the local tax appraiser can legally drive you to bankruptcy by continually assessing your property through the roof EACH and every year. Let's try to decide one issue at a time.

[Truth Squad]

I'm no Rubio fan; in fact I think he is a self-important, back-stabbing, promise-breaking jerk who would crawl over our dead bodies to get to higher office. BUT, even a blind squirel finds an acorn, and Rubio's acorn is the idea to eliminate the property tax and raise the sales tax to 8.5%. It is a great idea!

10:41
It does not deal with caps. None of the specifics will be written into the language of the law until/unless this passes, then they can decide how much the caps, if at all.

This amendment served no one and provided politicians the opportunity to raise taxes with impunity (impunity in this case represented by a "majority vote"). The whole process was designed as a way for politicians to say "see, we tried".

Even if it makes it on the ballot it will never, ever get the 60% required to pass. No amendment in recent history has - not even the one which now requires us to get 60% approval to pass amendments!

I bought my house 2 years ago which by my math puts me in the "screwed by SOH" category. However I'll take what protection SOH does provide over this boondoggle any day of the week.

[John]

Perfect situation. It's time to scrap this amendment & go with Rubio's original plan to eliminate property tax for 2.5% more in sales tax.

Either the legislators put it on the ballot or we will through a citizen's initiative

[Pete]

I am glad the judge's correct ruling may keep this amendment off the January primary election. The addition/deletion of an amendment to the Florida Constitution is very important. It should only be done during a general election when all political parties and voters are actively involved and represented. When issues are presented in the primaries, the special interest groups that will profit from the legislation will be highly motivated and voting while the average voter will still be waiting for the “main event” (a fact I am sure has not gone unnoticed by the politicians). The resultant skew in participating voters may not reflect the true desires of the Florida populace. I think it was very slimy and underhanded for the politicians to attempt this ruse on the Florida voters.

[Omega83]

10:25

is that 8.5% tax on your car more or less than the property tax on your home?

will that 8.5% tax go to pay for fixing potholes on the roads, thus avoiding you addditional repair costs like wheel alignment?

how many cars do you plan on purchasing in the near future? it's a one-time consumption tax.

remember, you can also deduct a major purchase like that from your federal income taxes as well.

It sould be a simple cost/benefit analysis for everyone. Will a sales tax increase swap for property taxes increase or decrese your personal budget

no property taxes on rental properties also lowers the overal management costs of that property, and might lower rent prices, though those are driven by several additional market funcitons.

eliminate property taxes for 2.5% more in sales tax!!

If the property tax amendment is not on the January 29 ballot, can we move the primary back to March since there will no longer be any need to maximize the "snowbird" vote or minimize the Democratic vote?

Reading the judge's opinion has convinced me to vote NO on this issue.