Supreme Court throws amendments off ballot

Breaking News: In swift and stunning fashion, the Florida Supreme Court struck from the Nov. 4 ballot the Amendment 5 "tax swap" and two equally controversial school voucher proposals.

The unanimous decisions came only hours after justices heard oral arguments and repeatedly agreed with critics that the ballot language was misleading. "No motion for rehearing will be entertained," the court wrote.

"It’s very disappointing," John McKay, the former state Senate president who championed the Amendment 5 tax swap, told the Buzz. “After many years of trying to change the tax system in Florida, to provide a fairer system, this shows it’s a huge mountain to climb. ... The Florida Supreme Court is denying Floridians the right to decide how they are taxed to pay for the education system."

If McKay is the face of defeat on taxes, Jeb Bush is the symbol on vouchers. The former Republican governor worked behind the scenes to advance the proposals on the Taxation and Budget Reform Commission, hoping to reverse past court losses.

Amendments 7 and 9 withstood a challenge in circuit court but today were stopped dead.

"This ruling puts an end to a dangerous assault on the religious liberty rights of all Floridians,” said the Rev. Barry W. Lynn, Americans United executive director. “These reckless and deceptive amendments had no business being on the ballot in the first place, and we’re glad to see them go."

We are seeking comment from Bush.

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Comments

Hooray for the courts!

Reality Prevails!

Awsomenes

[ADS]

Where were the courts for Amendment 1?

[Ray]

I'm very thankful judges operate under the Constitution because the Republicans do not.

[Thomas]

Thats right, another example of judges legistlating from the bench. Can't let us regular people decide issues through a democratic process.

People come election time, please know who your voting for when it comes to these elitest/socialist judges.

[tunamanz]

I am still trying to figure out how to spend my $250 good ole Charlie got me earlier this year. So many choices so little to spend! Thanks Charlie!

Homeowners are screwed regardless of what Amendment. We someone please come up with a real solution?

[The party that is going to put socialists out of business]

Ray, Just go smoke your dope and read your socialist blogs. Leave the important issues to people who have'nt fried their brains on pot and socialist koolaide!!

Great job by the Supreme Court Justices. Kudos to AIF and the rest of the business community who really did a good job of staying on message as to why this was such a terrible idea for Florida's economy.

[Tally]

There is some sanity remaining in Florida.

3:04 is your typical Ill-informed Delusional Indignant Opposition Troll… aka: Idiot!

Good! It was a bad plan anyway!

Speaker Rubio had it right to begin with! Abolish property taxes and raise the sales tax!!! That's a fair plan!

Rubio's an idiot and so's his plan. Good Lord, you people are morons.

3:04 -- why do you hate pot so much?

[Suse]

Very disappointing - this was probably going to be our last and only chance at some type of MEANINGFUL tax reform. Let's see if we even get that $260? we were promissed. Suck-up and pay increasing property insurance and proterty taxes with no end in site. Either the people form an initiative and do it ourselves or we are screwed - bottom line.

sarah palin smoked pot

[Todd]

Next time don't draft an amendment that does not spell out EXACTLY how they would replace the lost revenue! You pulled the wool over our eyes once with the lottery! You expect Floridians to trust lawmakers to figure things out later and put our childrens already terrible school system even further in the toilet???

I didnt like amendment 5, but it was the voters call, not the court's call. The TBRC is a constitutionally created body given authority every 20 years to put items on the ballot for the people..for their approval or disapproval. It takes a special level of judicial arrogance to toss amendments hours after oral arguments.

[Donald Lance]

Can anybody tell me how many state employees FL has? I can't find the info anywhere!

"sarah palin smoked pot"

One of many reasons to like her.

[NoOn2-5-7-9]

This is wonderful news for Florida! Great to see the TBRC get cut down to size. Hey Jeb, want some cookies?

UNANIMOUS decision on three amendments that would have been laughed out of any law school class. Even the Jeb appointees swatted these amendments.

[rob]

This is a great day for Florida teachers, parents and taxpayers.

[Dan Krassner, Florida Chamber of Commerce]

We support today’s decision from the Supreme Court on Amendment 5. We applaud the hard work of the Coalition to Protect Florida’s economy. Thanks to the Coalition’s effort, Florida’s businesses and consumers will avoid the uncertainty created by Amendment 5. We look forward to continuing to fight along with Governor Crist and the legislature to finish the work on property tax relief for Florida taxpayers. Property taxes remain a top concern for Florida voters, according to a recent Florida Chamber poll.

Plus... a recent poll also said that 4-out-of-5 Dentists reccomend Crest, and that Choosy mother choose Jiff!

[Tino]

One more kick in the shins for the real estate market. Want to buy a condo for $200k? Don't worry, it's been assessed for $400k and you'll owe only $10k a year in taxes...

[Disgusted Republican]

Liberal Judges legislating from the bench, yet again, now that is a shocker.

[Tony]

Vote NO on Amendment 2!

[Sam]

That "activist judges" "legislating from the bench" line that ya'll spout is getting tired and old. You whinny conservatives need to find some new inflammatory language.

[Jorge]

This isn't about our children. It's about lazy people on the public dole who want to keep their fat pensions. Private sector workers can only dream of such perks.

One more worthy kick in the shins for the flippers who made bad investments and want the rest of us to pay for it by destroying our infrastructure, education system, and economy so they can keep their Hummers and trophy wives.

Want to buy a condo for $200k? Don't worry, I flipped it to $400k and you'll be foreclosed on in 2-years.

This isn't about our children. It's about lazy people who quit their job, took a test, and bought some property in an unstable market hoping to strike it rich regardless of what it did to our economy. SUCK IT UP WHINNERS!

[Joe]

They are only activist when they rule against you. Even the JEB appointees thought these "amendments" should be removed. C'mon now-you can't have it both ways..oh-that's right - if you are a repub you can afford it both ways.

[Sam]

Hey, no-name with the hard on for the flippers/invstors. Methinks he doth protest too much.

[Tino]

One more reader that doesn't understand the math. Properties are being assessed at values far higher than their worth. ANYONE buying a $200k condo that is assessed for far more will be paying through the nose.

More benefits for those of us who got in early...

WAAAAAAAA... I quit my job to flip properties and got screwed when the bubble burst... WAAAAAAAAA... someone bail me out... WAAAAAAA...

[jeff]

good job. a victory for the good guys over the brown shirts.

[tim]

This is a very bad day for Florida taxpayers. Both amendments would have lessened the strangle hold grip the very powerful TV and newspaper industry and the teachers union have on our wallets.

It's poetic justice. The only reason the TBRC passed that piece-of-crap amendment 5 was to get McKay's vote on the other two amendments. JEB engineered the whole deal, and it all went down in one big flush. JEB, let me introduce you to obscurity.

[Steve]

Legislating from the bench? These were unanimous opinions and there are what 3-4 that were put on the bench by your hero Jeb? Amend 5 was a chicken way out. It would have further damaged the schools by further cuts in their funding. Schools need more not less.

[Floridaisgreat]

Tino,
Florida was getting too crowded any way.
Let the bottom feeders find another state to feed on.

This is one way to weed out those who have from those who have not.

I hear Tennessee has opened its doors to low taxes and low insurance, cheap land too.....just don't drink the water unless you want to "glow" in the dark.

keep sending Tenn. our radioactive wastes...they can use the $$$ to take the place of the funding they lose to low property taxes, etc.

"In an unrelated matter, Bense revealed how the economy is hurting his own road construction business."

AND THE TRUTH SHALL SET YOU FREEEEEEE!

How’s that $240 working out for y’all?

Hahahahahahahaaa…

There's a reason we call yuns Floriduuuuuh!

[Bill]

I think most people had issue on how it was 'deviously' worded......word it how you meant it, meaning vouchers, and give the people a vote...........but trying to do the Republican name game didn't work this time.

The TBRC had the power to put amendments on the ballot, but the Constitution says that they must be clear to the voter. Amendment #5 was a bait and switch. Amendment #9 didn't relate to budget and taxation. Amendment #9 further "hid the ball" by pretending to be about 65% Solution when it was really about school vouchers. Amendment #9 nor amendment #7 even mentioned the words school vouchers, because if they did, people would know what they were about and would vote against them. The Supreme Court protected the voters from being lied to by the TBRC. John McKay should be disappointed in his own work instead of the Court's ruling.

[Tom]

Nice going Charlie. Next let's have them look at needing the Nuclear Power Plants!

Steve, only one current member was appointed by Governor Bush. You are incorrect, as most libs are.

[Tom]

We can subject Real Estate Broker fees and Stock Brokerage Commissions to the Gross Receipts tax to help pay for some of the expenses caused by the TBRC.

4:33... Who cares, you are a moron; as most R's are.

In 1953, Florida law stated that its school districts may segregate students based upon the color of their skin.

A majority of voters were fine with that law. No elected legislator or Governor had challenged it in over 75 years.

But, the courts struck it down.

Were they, then, being "liberal activists, legislating from the bench"?

[Heidi]

It's a good thing these didn't pass. There were so many BAD things concealed in these acts of legislation that the uninformed voter (most people who vote!) would have voted them in based on the buzz words like "same sex marriage" under which they were hidden!

When are the Republicans going to stop trying to push their deity-driven political agendas on those of us who don't want (or NEED) them?

Great job Jennifer Green!

Jennifer who? Who is that?

They forgot to kick Amendment 2 off the ballot...

VOTE NO ON 2!
http://sayno2.com

Hey 4:33 Since D's don't run this State you are no authority to talk.

Palin smoked pot. Obama smoked pot. Charlie smoked pot. George W smoked pot. Bill Clinton smoked pot. There is a pattern here. There is one person in this list who has not had children and he smoked pot.

The People should have had a chance to beat Amendment 5. Not damn judges.

Is Charlie at the RNC? Or here now watching over his State now that he has no assignments from McCain and he has about 3 hurricanes potentially bearing down on us. Bet he is trying to take the ring off the nightstand and take it down to that pawn shop on Monroe Street too!

[Hugh]

Amazing how much the Republicans whine when they don't get their way.
JEB who................?

The people don't read sh.... The people don't even read The Buzz you idiot! The people vote for names they recognize and all the ballot initiatives don't get read line by line by The People

[Hugh]

Thank God the judges read! By the way, how long have you represented "THE PEOPLE"?

Jeb is going to run for President one day. Because his mom and dad want him to. Its his turn. He needs to run in 4 years against Hillary and then we can all pull up a chair and wait to see who their running mates would be. Jeb can pick Cynthia now that she is a delegate and Hillary can pick Debbie Wasserman. Imagine Jeb as Pres and Cynthia as VP. Its not a question of who would be pregnant from whom. Cynthia has more experience than Sarah.

Henderson for VP!

[Mike]

Liberal Judges? These Judges were appointed by Jeb and Charlie. Could it be that the Amendments would of violated the law and were meant to confuse the voter?

[Carl]

Hey Sam at 3:50, you libs did plenty of screaming when your boy Al Gore's claim to the 2000 election got bounced by the Supreme Court.
Right/Wrong, Good/Bad, people should decide issues such as these. In order to maintain a free society where everyone on this post for example, can speak their mind, we can't have elected or appointed officials having the final say on complex issues. And yes that means that "stupid people" have a right to their say and their vote. Otherwise we might as well call our country "The Socialist Republic of the United States". Sadly there are those of you who want that!!

[Jeff M]

I have an 1100sq' home, no water view.
Tax bill 2400$. Appraised @ 169K. Paid 175K, put 20K into it. Tax same as last year. Neighbors 1100sq' home tax 1300$

[Bill]

Pubs crying again.......you guys suck...you can't take defeat....you call Jeb judges 'liberal activist!' Morons.

[proudlyleftbehind]

Tim at 4:11 definitely has his facts wrong. If the newspaper industry is in such good shape that it can dictate terms to the "State" why are they laying off employees and offering early retirement packages? Why are they cutting back on the news and printing smaller papers? It's not just the internet.
And if the Teacher's Unions have such a stranglehold on the State why are there no raises in PInellas county and why are middle school teachers being forced to teach an uncompensated extra period? Why are administrators being put back in the classroom (not that that's bad) and why are we losing school nurses? Why were there such huge cutbacks in the Education budget? Some people, to quote and old African American Folk tale, "don't have the brains they were born with".

Floridaisgreat at 4:15 - bash TN all you want. They have better schools and a better run government than the bunch of yokel crooks down here in our wonderful state of Florida.

The water is fine and doesn't smell like sulphur sh!t, wages are in line with the cost of living, and as for tax assessment - you can damn sure bet it's more equitable than here in the land of 'sunshine'.

Once our state has finally reached the bottom of the trough like Mississippi, maybe people here will finally see the light. Though I doubt it. There are more uneducated backwoods redneck people here than all of the other southern states combined.

6:57 - which is why SOH (and the accompanying 'portability') needs to go. Regardless of what the welfare recipients say, it is not fair and equitable. Fair and equitable is all property being assessed and taxed on market value. PERIOD.

And of course, if we weren't relying solely on property taxes to run this state, we wouldn't be running thousands of people out of their homes.

[Paul D. Harvill]

Today the Florida Supreme Court rightly struck amendments 5, 7 and 9 from the ballot.

This is not as bad a situation as most people think. The GOP cannot have it both ways. Now the GOP led state legislature will have the can't win challenge of either telling individual property owners to pack sand or businesses that they are going to see taxes increased. Businesses were going to get a property tax break but now they are just going to get a tax increase. Of course Republican leadership will have to couch it as not being a tax increase so much as it is an elimination of a tax break. Yes indeed those dry cleaners, charter boats and skybox owners are about to pay for the tax Harry & Harriet homeowner about to get.

Hang in there the average folks will prevail even if the GOP has to be voted out of the majority for it to happen.

7:16
Don't let the door hit you in the a-- on the way back to TN. Trust me, we won't miss any of ya!
The "uneducated backwoods redneck people" you refer to, sounds like a pretty accurate self description to me. Anybody that can read would know these amendments were shoved onto us by Rep. appointees (aka Uncle JEB).

Hey assh013 - Be glad that the majority of the people that you wish would leave actually don't. If they did, you'd be living like the uneducated piece of trash that you are. I can assure you that I'm much better educated than you. I don't argue the point that the amendments were useless. Remember, you were the child that took the first shot at another state. Unless you've actually lived somewhere else other than Florida, I suggest you shut your piehole and keep your head in the sand where it's been all your life.

Ciao.

[Jason Straight]

This court followed the one subject law and its decision must be respected..Why do you need this commission ..Have this GOP legislature pass a TAX SWAP..Cut the head off the taxing serpents..Why do we need schools anyway?

[Stan]

It will be interesting to see the judges' explanation for ruling against Amendment 7. My guess is the judges looked at where the amendment came from and decided that something was being hidden. But I just read the Amendment and it is very clear. It merely removes the prohibition from providing money to a religious organization regardless the ability to use that money for the intended purpose (for example, a state-funded disaster relief program could not be handled by a religious organization under the current constitution). Yes the amendment would have allowed vouchers, but, more importantly, it would have made the state blind to religion and allowed it to chose the best provider of services. The justices seemed to overstepped their authority in my opinion.

[Robert]

This is an example of the court system over-stepping its boundaries. There is nothing unconstitutional about something being on the ballot. If the court wants to take the case up after it passes, than so be it- but striking something dead that isn't even a law, the court should have NO RIGHT to even touch.

[Good Neighbor]

Hey Tom - Let's abolish PIP while we're at it!

[terminator]

FEA 6-Jebster 0!

How many times do we have to kick this guy's *ss? No way Jebbie can come back now.
W's screwed the pooch. Jeb and the crooks at Lehman Bros and Tenet have been exposed.
What's he going to do with all that Wal-Mart money?

Levesque can go home and start being a mother. I know she went to Bob Jones University but this is ridiculous!

To the "go somewhere else" crowd - Idiots, unless you are a Seminole you are from somewhere else. You have no more claim here than anyone else.

Can we stick with the issues regarding how this state is governed so we may all work together to steer this state out of a ditch?

Final word to the "you're all socialists" crowd. Give it a break. You don't even know what the word means and the rest of us are just not so easily tricked by such foolishness. We all know where you get that line and it does remind us that you cannot think for yourself.

[jim]

Thanks Darryl. What a waste of time and money.

[Julie]

The taxation and budget commission wasted a lot of time and public dough pandering to the religious right when their job was to fix our very broken tax structure. It is time to send the bible thumpers back to the pews and let the secular moderates make civic policy. ENOUGH! And vote no on 2!

[d]

I guess Jeb got his report card a few d ays after he, in his lack of holding any office or authority in education, gave his to lawmakers in Florida regarding their education stance. Let's add another F to Foundation for Florida's Future. Jeb deserved this grade a LONG time ago, no matter what he spins.

I'm very thankful judges operate under the Constitution because the Republicans do not.

Posted by: Ray | September 03, 2008 at 03:00 PM

The People should have had a chance to beat Amendment 5. Not damn judges.

Posted by: | September 03, 2008 at 05:11 PM

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That is not the way that the Constitution works.

And the Florida Supreme Court vote was seven to zero -- including Jeb's three appointees.

[Rob]

Well the school local tax removel on property tax was a good Idea.. but was done incorrectly,. they shouln't have
changed it over to the state collection
only,. if they don't want local school boards as taxing enities,. then
perpose an amendment to change the taxing authority over to the County
commisioners, ware as the superintendent and the Chairmen of the board write up a budget perposal and submitt it to the county commissioners.. this is already done in a simmaler manner as the florida county sherriffs that are elected into office in florida they have to work and submitt a budget to the commisioners every year,. the plus of this would be better growth control to make certin schools / parks are in place before they allow megga delvelopers to build, and its also a known matter of fact the local govt's city/county commisioners hear alot of feedback as to schools that are in poor condition or over crowded because of over developement,.