Today's Date: Add To Favorites
Fla.: Property tax amendment rejected
Tax | 2007/09/25 22:54

A tax-slashing amendment is off the Jan. 29 presidential primary ballot -- at least temporarily -- after a judge Monday ruled an accompanying explanation for voters is unconstitutionally misleading and inaccurate. The ballot summary says the amendment would preserve existing property tax breaks although it actually would phase them out, wrote Circuit Judge Charles A. Francis of Tallahassee.

Francis, though, upheld a separate law the Legislature passed as a part of a two-pronged effort to cut property taxes.

The law, which does not need voter approval, requires cities and counties, but not school districts, to roll back and cap taxes for all types of property.

The proposed amendment was touted as offering even greater tax reductions -- almost entirely to homeowners -- through a "super exemption," and would have affected all local governments including school districts.

Gov. Charlie Crist and legislative leaders issued statements saying their efforts to cut taxes are not over. No decision, though, yet has been made on whether the ruling will be appealed, said Jill Chamberlin, spokeswoman for House Speaker Marco Rubio.

Besides appealing, the options include rewriting the ballot summary to meet the judge's objections or deferring the issue to the constitutional Taxation and Budget Reform Commission.

A suburban South Florida mayor who challenged both measures said he hoped lawmakers will leave it to the commission, which can make recommendations to the Legislature and put amendments directly on the November 2008 ballot.

"I'm hoping that they will look at this as an opportunity to fix something," said Weston Mayor Eric Hersh. "Hopefully that's the tactic they will take instead of looking at this as a defeat."

Hersh said he has not yet decided whether to appeal the tax rollback decision. He said he would be more inclined to do so, though, if the state appeals the amendment ruling.

"Not only was it misleading, but it was terrible legislation," Hersh said.

The Republican-controlled Legislature approved both tax-cutting measures during as special session in June. The law passed with bipartisan support, but Democrats opposed the amendment.

That proposal is designed to eventually get rid of the existing Save Our Homes Amendment, which limits assessment increases on primary homes, known as homesteads, to no more than 3 percent a year.

While it protected existing homesteaders, it shifted tax burden to new buyers and owners of other properties including second homes and businesses. Rapidly rising real estate values in recent years made the discrepancy even greater leading to an outcry for tax cuts.

The amendment would have offered homesteaders the one-time choice of keeping their existing benefits or accepting the super exemption -- 75 percent off first $200,000 of a home's value and 15 percent off the next $300,000.

Save Our Homes benefits, though, cannot be transferred to new owners, so they eventually would disappear as those properties change hands.

The ballot summary, though, refers to "preserving application of Save Our Homes provision."

"The summary is just not correct," Francis wrote. Nowhere in the ballot summary is the voter alerted to the elimination of these constitutional protections on homestead assessments. They are simply led to believe that they are preserved or revised."



[PREV] [1] ..[6133][6134][6135][6136][6137][6138][6139][6140][6141].. [8290] [NEXT]
All
Class Action
Bankruptcy
Biotech
Breaking Legal News
Business
Corporate Governance
Court Watch
Criminal Law
Health Care
Human Rights
Insurance
Intellectual Property
Labor & Employment
Law Center
Law Promo News
Legal Business
Legal Marketing
Litigation
Medical Malpractice
Mergers & Acquisitions
Political and Legal
Politics
Practice Focuses
Securities
Elite Lawyers
Tax
Featured Law Firms
Tort Reform
Venture Business News
World Business News
Law Firm News
Attorneys in the News
Events and Seminars
Environmental
Legal Careers News
Patent Law
Consumer Rights
International
Legal Spotlight
Current Cases
State Class Actions
Federal Class Actions
Tight US House races in Cali..
North Carolina Attorney Gene..
Republicans take Senate majo..
What to know about the unpre..
A man who threatened to kill..
Ford cuts 2024 earnings guid..
Kenya’s deputy president pl..
South Korean court acquits f..
Supreme Court grapples with ..
Supreme Court leaves in plac..
Kentucky sheriff accused of ..
New rules regarding election..
North Carolina appeals court..
A court in Argentina orders ..
Mexican cartel leader’s son..


Class action or a representative action is a form of lawsuit in which a large group of people collectively bring a claim to court and/or in which a class of defendants is being sued. This form of collective lawsuit originated in the United States and is still predominantly a U.S. phenomenon, at least the U.S. variant of it. In the United States federal courts, class actions are governed by Federal Rules of Civil Procedure Rule. Since 1938, many states have adopted rules similar to the FRCP. However, some states like California have civil procedure systems which deviate significantly from the federal rules; the California Codes provide for four separate types of class actions. As a result, there are two separate treatises devoted solely to the complex topic of California class actions. Some states, such as Virginia, do not provide for any class actions, while others, such as New York, limit the types of claims that may be brought as class actions. They can construct your law firm a brand new website, lawyer website templates and help you redesign your existing law firm site to secure your place in the internet.
St. Louis Missouri Criminal Defense Lawyer
St. Charles DUI Attorney
www.lynchlawonline.com
Lorain Elyria Divorce Lawyer
www.loraindivorceattorney.com
Legal Document Services in Los Angeles, CA
Best Legal Document Preparation
www.tllsg.com
Car Accident Lawyers
Sunnyvale, CA Personal Injury Attorney
www.esrajunglaw.com
East Greenwich Family Law Attorney
Divorce Lawyer - Erica S. Janton
www.jantonfamilylaw.com/about
St. Louis Missouri Criminal Defense Lawyer
St. Charles DUI Attorney
www.lynchlawonline.com
Connecticut Special Education Lawyer
www.fortelawgroup.com
  Law Firm Directory
 
 
 
© ClassActionTimes.com. All rights reserved.

The content contained on the web site has been prepared by Class Action Times as a service to the internet community and is not intended to constitute legal advice or a substitute for consultation with a licensed legal professional in a particular case or circumstance. Affordable Law Firm Web Design