In a lawsuit filed Aug. 7 in circuit court, FFVA and others involved in the Coalition to Protect Florida’s Economy, outlined their arguments why the “tax swap” amendment is misleading to voters.

The lawsuit seeks to remove Amendment 5 from the November ballot and is scheduled to be heard before Judge John C. Cooper on Aug. 13. Plantiffs in the case are represented by Tallahassee attorney Barry Richard. Assistant Attorney General Lou Hubener will defend the state in this case with help from two outside attorneys.

The suit argues that Amendment 5 should be removed from the ballot because “the reference to a limit on annual assessment of real property is, at best, ambiguous, likely to mislead some voters into thinking that it refers only to assessments for school funding, and leaves others guessing as to the true reach.”

In addition, Richard contends that “if courts were to allow propositions to be placed on the ballot despite a grossly misleading title, it would render the requirement for a separate title meaningless and would encourage negligence and even fraud by the sponsors of proposed amendments.”

Judge Cooper granted both a motion to expedite and a motion to intervene in the case as requested by Vote Yes on 5 for Property Tax Relief, Inc. – a political committee headed by former Taxation and Budget Reform Commission member John McKay.

The Coalition to Protect Florida’s Economy includes nearly 30 interested parties. Contributors to the Coalition to Protect Florida's Economy are listed below and on the Florida Division of Elections Web site. Those organizations listed with an asterisk are named parties in the legal challenge to Amendment 5 but may not necessarily be contributors.

Associated Builders and Contractors of Florida
Association of Florida Community Developers
Associated Industries of Florida*
Florida Association of the American Institute of Architects
Florida Association of District School Superintendents*
Florida Association of Homes and Services for the Aging
Florida Association of Insurance Agents
Florida Association of School Administrators*
Florida Chamber of Commerce
Florida Engineering Society
Florida Farm Bureau*
Florida Fruit & Vegetable Association*
Florida Health Care Association
Florida Hospital Association
Florida Institute of Certified Public Accountants*
Florida Life Care Residents Association
Florida Retail Federation
Florida School Boards Association*
Florida United Businesses Association
Humana
Manufacturers Association of Florida
National Federation of Independent Business - Florida*
Printing Association of Florida*

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ALSO IN THIS WEEK'S RAP-UP

(Members-Only articles are indicated in bold.)