By Alex Leary,
Times Staff Writer
In print: Friday, August 15, 2008
TALLAHASSEE — A state judge stripped a controversial "tax swap" from the November ballot Thursday, saying it would mislead voters about the future of school funding.
Gov. Charlie Crist and other backers pledged a swift appeal. But the decision leaves state leaders again grappling to meet public demand for lower property taxes.
The decision, secured by a powerful and diverse coalition of opponents, was also a preview of the battle ahead if an appellate court returns Amendment 5 to the ballot.
The proposed amendment to the state Constitution called for eliminating most school property taxes, resulting in at least a 25 percent tax cut for all property owners. The Legislature would have to replace the money, an estimated $9-billion to $11-billion, by increasing the sales tax, eliminating sales tax exemptions or cutting the budget.
Many critics felt it was an impossible calculation, since a 1-cent sales tax increase would raise just $4-billion.
The lawsuit argued that voters were being led to believe all lost school funding would be replaced. In fact, the guarantee was only for one year, 2010-2011, after which the Legislature would have discretion on how much money to spend on education.