Tax amendment struck from ballot

Monday, September 24, 2007

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The plan to let Florida residents to vote on increasing the homestead exemption suffered a setback Monday.

The state legislature had proposed the constitutional amendment and put it on the ballot for Jan. 29. But Weston mayor Eric Hersh, who brought the action against the amendment, said the ballot language was unclear.

Leon circuit judge Charles Francis agreed with Hersh.

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". . . the court cannot find that the language (of the proposed amendment) is clear, concise, unambiguous and fair," Francis said. "The language at issue is misleading and confusing, and does not provide fair notice to the voter, educated or otherwise, of the purpose and effect of the proposed amendments to the Florida Constitution."

The state legislature can rework the amendment and it could still be on the ballot. The amendment would phase out the Save Our Homes 3 percent assessment cap and replace it with a super exemption.

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