In an order released Aug. 27, the Florida Supreme Court moved a hearing on the Amendment 5 lawsuit scheduled for Sept. 8 to Sept. 3 at 9 a.m. in an attempt to have a decision as to whether the proposed amendment would be on the November ballot when it has to be printed by the Florida Department of State.

Because an automatic stay of a circuit court decision removing Amendment 5 from the ballot was in place, the Supreme Court had requested that both parties file briefs to “advise when a decision has to be rendered to allow for timely ballot distribution in accordance with all applicable laws.”

Attorneys for both sides filed briefs Aug. 25 indicating that in the event that the court ruled after the Florida Department of State’s Sept. 5 ballot approval deadline and the amendment appeared on the November ballot, the votes would simply not be counted.

The Coalition to Protect Florida’s Economy’s attorney Barry Richard noted that, “an expedited decision would be in the interests of the parties and the public because it would allow the parties to know whether or not it is necessary to raise funds and wage a campaign.”

Amendment 5, placed on the ballot by the Taxation and Budget Reform Commission, would eliminate the state’s required local effort portion of county property taxes that support schools. Lost revenue would then have to be replaced by raising the sales tax, removing certain sales tax exemptions or by other means. The Coalition’s suit argued that voters were being misled by the amendment’s title.

A Mason-Dixon poll of likely Florida voters recently found that Amendment 5 had only 39 percent support. Of those surveyed, 33 percent said they'd vote no while 28 percent were undecided.

 

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