The Florida Supreme Court Tuesday said it would hear an appeal of a lower court decision handed down just last week striking the controversial Amendment 5 “tax swap” proposal from the state’s November election ballot.
Oral arguments on the appeal will be heard by the high court on Sept. 8.
Late last week, Leon County Circuit Judge John Cooper said the ballot language proposing Amendment 5 was misleading and that it did not meet the standard required to be voted on Nov. 4.
Amendment 5 would abolish most of the property taxes the Legislature requires school districts to levy in return for state funds beginning in 2009-2010.
To offset the loss of the school property tax, the amendment authorizes the Legislature — but does not require it — to increase the state sales tax by one cent and use those revenues to replace the lost property tax in 2009-2010. The amendment also suggests, but does not require, other ways lawmakers can raise revenues.
Cooper said the ballot language did not spell out to voters that nothing prevented the Legislature from cutting education money starting in 2011-12.
A coalition of organizations representing school boards, hospitals, businesses, fruit and vegetable growers, professional groups, retailers, and even the Florida Chamber of Commerce joined forces to challenge placement of the amendment on the November ballot.
