June 6, 2005

ISSUE 1066

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.


ALSO IN THIS WEEK'S RAP-UP

STATE HIGH COURT MAY SEND BOX TAX SUIT BACK TO DISTRICT COURT

CANKER SUSPECTED IN HENDRY NURSERY

FDACS TO HOLD BMP MEETINGS

FLORIDA AGRIWOMEN HOLDING ANNUAL MEETING