Hillsborough Judge Rules for Property Tax Referendum on November Ballot

A recent ruling by Circuit Judge Emily Peacock has paved the way for a critical property tax referendum to be included on the November 5 ballot in Hillsborough County. This decision comes after the County Commission voted to delay the measure for two years, igniting a legal battle concerning the funding of local educational initiatives.

Background on the Referendum

The Hillsborough County School District is seeking voter approval for a property tax set at $1 per $1,000 of taxable property value. The anticipated revenue of approximately $177 million annually over four years is intended to support:

• Teacher and Administrator Supplements: $6,000 yearly
• Support Staff Supplements: $3,000 each

Notably, every school employee would benefit from these financial enhancements, with the exception of Superintendent Van Ayres.

Why the County Commission Opted to Delay

In a 4-3 vote, the County Commission opted to postpone the referendum, citing economic challenges faced by residents. Republican Commissioners Josh Wostal and Ken Hagan led the charge for the delay, joined by Commissioners Donna Cameron Cepeda and Christine Miller. Conversely, the board’s three Democratic members—Harry Cohen, Gwen Myers, and Pat Kemp—voted against this postponement.

The Legal Dispute

Following the County Commission’s decision, the school district initiated a lawsuit. Judge Peacock ruled in favor of the school district, explaining that the County Commission lacked the authority to determine when the millage referendum should be held. This ruling also included a deadline of August 13 for the County Commission to act.

On August 19, just before the deadline, the Commission’s attorney filed an emergency motion to appeal the decision. However, Judge Peacock lifted the stay, emphasizing the urgency of allowing public voting on this issue.

“The effective denial of the public’s right to vote on the issue for two years is a harm that significantly outweighs the Commission’s interest,” she stated.

Next Steps for the County Commission

The 2nd District Court of Appeal has been requested by the county to either reinstate the stay or expedite the appeals process. The elections office must receive the referendum language by August 20 to ensure it appears on the ballot.

Important Meeting Ahead

Commissioners are scheduled to convene on Tuesday at 9 a.m. to discuss their next steps in light of Judge Peacock’s ruling. Interestingly, the county will also put forth its own referendum, asking voters to continue the longstanding Community Investment Tax. This has raised concerns among some commissioners about how voters will perceive two simultaneous educational funding measures.

Controversy and Critical Perspectives

Wostal criticized Judge Peacock’s previous ruling and her method of reaching a decision without holding a hearing. He was particularly contentious over the directive mandating the commissioners to adopt the school board’s resolution.

“Hold me in contempt because I’m voting no,” he expressed, reflecting the tension between trust in judicial authority and the discretion of the elected officials.

Conclusion

As the deadline approaches for the referendum to appear on the ballot, the situation in Hillsborough County continues to evolve. The upcoming commission meeting could be pivotal for the future of educational funding in the region. With the judges’ support for public voting and the county’s contrasting stance, the outcome remains uncertain. Stay updated on this crucial issue impacting schools and communities in Hillsborough County.

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For further information on local educational funding, visit the Hillsborough County school district website or Florida’s education funding guide for a comprehensive overview.