STATE HIGH COURT MAY SEND BOX TAX SUIT BACK
TO DISTRICT COURT
The Florida Supreme Court may send the lawsuit challenging the Florida citrus "box tax" back to the 2nd District Court of Appeal in Lakeland.
It gave lawyers who filed suit until June 23 to
file written arguments against sending the case back to the lower
court, which had ruled earlier that the tax was unconstitutional.
The Florida Department of Citrus had appealed
an earlier decision that led to that ruling, which a Polk County
circuit judge turned down.
In issuing the request for written arguments,
the high court cited a May 23 U.S. Supreme Court decision that
a similar tax on beef was, indeed, constitutional because it amounted
to "government speech" and immune to challenges under
the First Amendment.
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