Tax-swap ballot challenge in court today

A hearing is scheduled in Leon County circuit court today on a business group’s suit to knock the “tax swap” constitutional amendment off of the November ballot.

Plaintiffs in the case claim that the ballot language for Amendment 5 is ambiguous, not telling voters its full effect. The amendment would abolish the “local required effort” portion of county property taxes for school support, requiring future Legislatures to come up with between $9 billion and $11 billion in replacement revenues. Judge John Cooper will hear the case.

Attorney Barry Richard, representing a coalition of nearly 30 business groups, said in a legal memo that the ballot language refers to a limit on annual assessments of real estate. But he said that is “at best, ambiguous” and would mislead voters about the far-reaching impact of the amendment.

Assistant attorney general Lou Hubener and two outside attorneys will argue in defense of the proposal, which was put on the ballot by the Tax and Budget Reform Commission.