JACKSONVILLE, Fla. – A group opposed to Mayor Lenny Curry's plan to use a half-cent sales tax to pay down the city's pension deficit has filed a lawsuit against the amendment.
Concerned Taxpayers of Duval County and several other activists say the language in the referendum is just too confusing, and voters won't know what the amendment means.
Voters will have the chance on Aug. 30 to decide whether to approve the sales tax, which would go into effect in 2030, once the Better Jacksonville half-cent tax expires.
That money would be used to pay down the city's $2.7 billion pension deficit.
READ: Lawsuit over pension tax amendment
But Concerned Taxpayers and others say the wording is vague and confusing.
"Florida statute say it has to clear, unambiguous," said John Winkler of Concerned Taxpayers of Duval County. "We have issues both with it factually and with just the sheer confusing nature of what is written there."
Curry disagrees, saying the ballot language is easy to understand.
"The language clearly lays out that we will be closing the pension plans that caused this and we will be taking a half-penny sales tax that is legally obligated to fund pension liability," Curry said.
The referendum for the half-cent tax was authorized by the Florida Legislator and Jacksonville City Council to appear on the Aug. 30 primary for all Duval County voters.
The tax could solely be used to pay off the pension liability and would end when the debt is paid off, but not last beyond 2060.
The proposal also calls for some or all of the city's current pension plans to be closed and/or changed to require employees to contribute a minimum of 10 percent of their salary -- provisions that are not yet negotiated with the unions representing those employees.
Here's the official language that will appear on the ballot:
Permanently closing up to three of the City’s underfunded defined benefit retirement plans, increasing the employee contribution for those plans to a minimum of 10%, and ending the Better Jacksonville ½-cent sales tax are all required to adopt a ½-cent sales tax solely dedicated to reducing the City’s unfunded pension liability. Shall such pension liability sales tax, which ends upon elimination of the unfunded pension liability or in 30 years maximum, be adopted?"
News4Jax asked registered voters to look at the referendum and read it aloud -- many said they did not understand it.
"I would vote no because it's not clear enough to have a clearer picture of what's going on," said voter Jose Maysonet.
Despite the wording, some voters said they would still vote for the referendum.
"I would have to sit here, and research it more. And honestly I haven't but I would say yes," said voter Sharon Gallo.
The lawsuit also said the referendum is illegal because the City Council jumped the gun by voting to put it on the ballot in May, before Gov. Rick Scott signed the law, allowing the vote to take place in July.
Curry told downtown business leaders Tuesday that if the half-cent sales tax isn't approved by the voters in next month's primary, the city will be in dire straits. Monday, Curry and Sheriff Mike Williams strongly denounced a citizen's task force that recommended a property tax increase in addition to the sales tax to adequately fund the Sheriff's Office.
News4Jax asked Duval County Supervisor of Elections Mike Hogan, who is named in the suit, if he was concerned. He said he cannot comment due to the litigation, but he said he has had calls from voters.
He also said absentee ballots are already being sent out, so the referendum is on the ballot. But the question remains if the ballots would be counted.
No court date has been set.