Lawsuit takes on Save Our Homes 'portability'

An unheeded warning that the Amendment 1 property tax cut is vulnerable to legal challenge is about to be tested in court.

A lawyer for three new Florida homeowners has filed a suit in state court questioning the provision in Amendment 1 that allows people to carry accrued tax savings under Save Our Homes to a new home — a concept known as “portability.”

“It sharpens the blade and ratchets up the discrimination,” Tallahassee lawyer William Owen said Tuesday.

Experts cautioned the Legislature and Gov. Charlie Crist last year that the plan was susceptible, and a successful case could have dire consequences for an already shaky state economy. (story here)

Comments

If this challenge wins, then the next step may be to completely eliminate property taxes for FL residents for 2.5% more in sales tax.

Another option would be the 1.35% tax cap amendment

[No Relief For Me]

We warned you YES voters this could happen. I'm a long-term resident who moved before portability became law and never wanted to see SOH go down, but now I see it the only hope for true fair reform for Florida.

Governor Crist acted very irresponsibly when he approved of Amendment 1, which gave no provisions for new and recent buyers. He deserves to be tarred and feathered and I will take delight in seeing the egg all over his face when portability is deemed unconstitutional!

If you do some digging you'll find out these folks have links to big spending local governments. Plus a couple of other interesting facts

Another SOH challenge? Yawn.

Seriously, this is not news.....the suit was filed in Nov 2007. Judges and lawyers, have fun with this one. Meanwhile, I'll move and enjoy my tax cut.

[GES]

Real news? Who is paying for these high priced legal megamouths? Who is paying for the costs of this lawsuit. Are they volunteers? is this there a city tax dollars? Is this a trail to County Tax dollars? Is there a trail to union money? Are these just good civic minded attorney's? Wheres the money trail? Any reporters reading this? Any reporters care?

If Amend One ends up being a disaster, The People will only have the Bush controlled TBRC to give them tax reform/relief. And we all know how much attention Jebbie paid to The People when he was Govr, always putting the ordinary taxpayer ahead of his cronies interests.

Take down SOH with it and see true revolt for meaningful relief

7:15 = Bushderangement syndrome

My dog had some nasty farts last night. That MUST have been Bush's fault too.

Amendment One will not be the reason Save Our Homes is ultimately found unconstitutional....Amendment One diminishes the arguments about constitutionality/equal protection because the Amendment provides a tax cap no non-homesteaded property. What has still not addressed is the inequity of identical houses on the same street being taxed differently. That can only be solved by reassessing all property and starting over...however, the chaos that would be caused by this (not to mention the huge increase in taxes that many would experience) makes that outcome highly unlikely.

Any new proposal needs to keep gov't revenues at the current (or a prior year's) level - and require local governments to adjust millage accordingly.

Wow, I've never seen so many empty anti-local government posts and not one single fact included to support the claims. I suspect a single source and a hidden agenda.

The neocons would love to see us destroy our local governments through ridculous tax cuts because then their corporate buddies could have their way with unregulated development. Who's money do you suppose is paying for these endless Cut and Paste posts on this blog, pretending to be from concerned homeowners?

Your right to self governement is under attack, don't sell out our future quality of life for a one time tax cut which will ultimately benefit only the greedy dishonest corporations and developers.

Vote NO on any GOP sponsored tax cuts!

I, along with many others, would gladly join this lawsuit if for no other reason than to have this ridiculously discriminating taxing policy declared illegal and unconstitutional. For those of you who think it will never happen, don't be so sure. Times have changed and your days of riding free may end soon. Taxes are a necessary evil, of that I agree with. But unnecessarily burdening one group over another is not right. Assess and tax ALL property the same - NO MATTER WHAT, make a slight raise in the sales tax, eliminate unnecessary tax exemptions (ostrich feed and bottled water come to mind) and put limits restrictions on govt (local and state) with respect to increased spending. Nothing should be able to rise greater than the rate of inflation!!!!

There are some stupid lawyers in this world. How does a STATE court find something unconstitutional if it's in the state constitution.

This is an easy win in FEDERAL court, but the state courts must uphold the constitutionality of the state constitution.

[Will]

9:06

This wont win even in federal court. Why you ask? Precedent.

California passed portability in 1986 and 1988, and it even discriminated for age as well. If you are 55 and older, and move, the savings go with you.

It was held up in FEDERAL court.

By the way, to 11:09 p.m. - the original lawsuit was filed in November 2007, but it was just amended to include the portability feature.

9:15 - California's portability is quite different than what was passed in Florida - everyone other than those over 55 have their taxes reset to their new property value if they move. And there were specific instances where portability for those over 55 did not apply. California's plan has a tax cap, that applies to everyone - Florida does not.

The lawyers pushing this amendment should post contact information if someone wants to join the lawsuit.

Ooops, been brainwashed...

The lawyers pushing this LAWSUIT should post contact information if someone wants to join the lawsuit.

I found it interesting that "Crist could not be reached for comment" in regard to this matter. It is absolutely disgraceful that he is so openly running for Vice President, when the state of Florida faces so many daunting challenges that directly impact its citizens. He looks like an absolute jackass standing their behind McCain, always in just the right spot, with all of his compelling facial expressions and constant perspiration. He truly represents Flori-duh! I regret voting for him.

I would support this suit. Anything to possibly spur a revamping. It's not fair, has not been, and is hurting the state. It's the lack of balls politicians have that enable this to go on. I would not be behind a sudden increase in taxes for those who currently have SOH, but to make it portable? That's a slap in the face.

Contacts and more information about those behind the suit would be great.

12:39 is right. Because it would financially ruin most people if they had to immediately pay their true value of taxes on their home, roll back values to those in effect at the time SOH passed. Put everyone on the SAME playing field. Yes, taxes are necessary. But new homeowners - whether long term residents or new to the state - should not be bearing the brunt of the burden.

[Bill]

Calling SOH a benefit for “Longtime” residents is outright fraud. “Longtime” is anybody who bought before 2001 when prices went wild and politicians were patting themselves on the back, taking credit for escalating property prices. The fact is that anybody buying a house before 2001 gets away with far lower taxes regardless of how long they have lived in FL, no matter where they lived before, including other states or even another country. Now it has become a lifelong “benefit” at the direct expense of millions of other Floridians, who will suffer for the rest of their lives as members of an underclass.

The election was a flimflam, without any sample ballot, and politicians lying to the public that the amendment was a tax break for everyone. Did people even understand what they voted for? There are millions of renters, business owners, and elderly living in facilities that provide needed services that are being fleeced every year they live here: some tax break and protection from being taxed out of their homes. What do SOH beneficiaries say to their kids? Tough luck, you are in for a life of servitude to pay our taxes!

SOH s a morally bankrupt system that amounts to legalized theft to its victims. Why don’t we have an income tax plan that forces younger people and immigrants to pay 4 times the tax? What’s the difference between doing that and creating a caste system for property tax? If this scam is not overturned by the Supreme Court, we’re no longer living in America.

[Cathie]

Why Charlie Crist has such a high approval rating is beyond me. He has done nothing to improve the quality of life in Florida. I would never vote for him again and if John McCain picks him as a running mate I will not vote for him either. Imagine Pretty Boy as president. As one other person said, he positions himself with McCain for every photo opportunity. Instead of campaigning for vice-president he ought to try governing the state of Florida.

He ran on the premise that he would bring tax relief and insurance relief. My insurance continues to increase and I'm now in a position of having an assessment if there is a hurricane that the CAT fund cannot cover.

As far as taxes are concerned, I get to deduct a whopping $240 off of the $11,000 I pay. The person next door to me who bought the same size house 10 years ago only pays $3,700. Real fair. I'm not a newcomer to Florida. I was born and raised in Daytona Beach and have lived in Tampa Bay for the past 10 years. I just decided to move from my condo into a house at the wrong time.

They say there is not enough money for schools, yet the number of new students coming into Florida has decreased.

I also read where they were going to put GPS systems on some school buses to test the system. This was going to cost over a million dollars. Spending wisely would help a lot. How often is a system like this needed to track a child? Use some common sense.

[Ann]

For those interested in the class action lawsuits against Save Our Homes see this website:
www.sohalegalchallenge.com
Attorney, Doug Lyons is filing the suits in Tallahassee, FL. We need more attorneys like him to fight in the courts as our Legislators and Governor are certainly NOT going to make the necessary changes for all. How can you live in a state where if you move and rent out your home, you are assessed at the full market rate? Why didnt they study California?

[Get lost selfish business owners, flippers, and developers.]

Save our homes is the best thing that ever happened to all Florida homeowners. Big Business doesn't want us to have SOH, because it's not a government giveaway for business. If we homeowners pay more, then the Government can cut more from business taxes. That's why they want it taken away from us.