Judge hears Weston mayor's bid to stop property-tax ballot issue
Weston mayor's bid to stop tax vote hits court
September 12, 2007
TALLAHASSEE
Weston Mayor Eric Hersh's legal battle to derail an upcoming statewide referendum on property taxes could hinge on a judge's interpretation of a single word — "everyone."
A proposed constitutional amendment placed on the Jan. 29 ballot by the Legislature promises a minimum homestead exemption of "$50,000 for everyone." But, that's not really true, Hersh's attorney argued Tuesday in state circuit court here.
Under the proposed amendment, homeowners would have to opt for the new homestead plan to get the minimum $50,000 exemption. In doing so, they would forfeit the protection of Florida's popular property tax break program, known as Save Our Homes – but they might not realize that.
"A ballot summary must state the chief purpose and effect [of a proposed amendment]," said Jamie Cole, a Fort Lauderdale attorney representing Hersh. "It can't hide the ball and mislead the voters. This fails on both counts."
Hersh has challenged the Legislature's two-part plan to quell soaring property taxes, passed during a three-day special session this summer. The package calls for creation of a "super-sized" homestead exemption that would eventually eliminate Save Our Homes, along with mandating immediate cutbacks in local taxes and restrictions on new taxes that cities and counties can levy.
Besides accusing legislators of using misleading language on the planned ballot, Hersh argues they are interfering with the authority of local governments to fix taxes.
Attorneys for the state, appearing in the courtroom of Leon Chief Circuit Judge Charles A. Francis, countered that the summary printed on the ballot need state only the chief purpose and effect of the proposed change to Florida's constitution.
"It doesn't have to say everything," said Scott Makar, Florida's solicitor general, who is representing the state Department of Revenue and Secretary of State Kurt Browning. "There's a certain level of common sense here. Not every effect has to be discussed."
As for Hersh's contention that the state shouldn't meddle in the business of local governments, Makar said, "The Legislature makes the law ... and gives counties and cities taxation power. All the power flows from the Legislature."
Francis, saying "I know we're in a hurry here," promised a ruling on Hersh's motion for summary judgment within 10 days. The judge could agree with all or some of Hersh's arguments, and order the proposed amendment stricken from the ballot. No matter what Francis decides, however, the case is expected to eventually reach the Florida Supreme Court.
"People are so confused on this matter," Hersh said after Tuesday's hearing, which he attended. "It's unreasonable to assume the average voter will understand. They'll take the [ballot language] on face value."
He blamed the problem on undue haste by the Legislature, saying he didn't think legislators meant to be "misleading."
The $24 billion tax break package adopted by legislators requires cities and counties to immediately freeze property taxes at 2006 levels, then trim them by up to 9 percent, depending on how much taxes have risen in the past five years.
The second component of the plan involves the Jan. 29 referendum on the proposed constitutional amendment, which would only affect permanent residents. If it passes by the required 60 percent, permanent Florida residents would be allowed a one-time choice of whether to accept a bigger homestead exemption or retain their current benefits – a $25,000 homestead exemption and the safeguards of Save Our Homes, which limits increases in property assessments to 3 percent a year.
The super exemption for homesteads would provide varying tax breaks, depending on a home's value. It would eliminate taxes on 75 percent of the first $200,000 of a home's assessed value and 15 percent of the next $300,000. There would be a minimum $50,000 exemption for everyone, although low-income seniors (65 or older) would get a minimum $100,000 break.
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