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Judge Removes Tax Swap From Florida Ballot

Ruling Will Be Appealed

POSTED: Thursday, August 14, 2008
UPDATED: 2:41 pm EDT August 14, 2008

A proposal that would swap property tax cuts for increases in other taxes is off the ballot for now.

Circuit Judge John C. Cooper ruled Thursday that it's ballot summary is misleading, but his decision will be appealed.

Amendment 5 would reduce property taxes about 25 percent by eliminating a portion that goes to schools. The Legislature would be required to replace that money, expected to be at least $9 billion a year.

Possible replacement sources include raising the sales tax, eliminating sales tax exemptions and cutting other spending.

Education and many business interests are against the proposed state constitutional amendment. It has drawn support from Gov. Charlie Crist and real estate brokers.

"Amendment 5 is a fiscal Trojan Horse that does not provide any constitutional assurance that education funding will be 'held harmless' after the first year, a fact that is not made clear by the ballot summary," said Dominic M. Calabro of Florida TaxWatch, which had announced opposition to the proposal.

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