Supreme Court Appeal, Legislative Challenge: Road Tax In Jeopardy

TAMPA, FL — Despite the legal questions that continue to haunt the 1-cent transportation surtax approved by voters last November, Hillsborough County commissioners voted 6-1 to adopt the original funding guidelines for the tax that were outlined in the referendum.

As anticipated, County Commissioner Stacy White voted against restoring the guidelines.

Shortly after the tax was approved by voters with a 56.3 percent majority, White filed a lawsuit in which he maintained that the tax contradicted state law and the wording of the referendum misled voters.

The funding guidelines approved by the commission Wednesday were set by All for Transportation, a citizens group that gathered the required signatures to place the referendum on the November 2018 ballot after the county commission declined twice to put a transportation funding initiative on the ballot.

All for Transportation maintains that the surtax is necessary to improve the county's congested and outdated transportation system.

In June, Hillsborough County Circuit Court Judge Rex Barbas upheld the legality of the surtax but said the specific allocations should be the decision of the county, not All for Transportation.

Wednesday's commission vote, in essence, rejected the judge's opinion and approved the funding formula outlined by All for Transportation in the referendum.

“Today’s vote by the county commission will ensure the All for Transportation plan that voters approved in November is carried out in every corner of our community,” All for Transportation chairman Tyler Hudson said. “Hillsborough County is facing a transportation crisis created by a generation of neglect for our basic infrastructure. Voters spoke clearly – the status quo that got us here is no longer acceptable. We are encouraged by the leadership shown today, and we will continue to demand action from our local elected officials despite the best attempts by Commissioner White and his team of obstructionists who didn’t like last fall’s outcome."

The transportation surtax charter amendment allocates 54 percent of the tax revenue to the county and its three incorporated cities, 45 percent to HART to enhance the bus system and 1 percent to the MPO for planning future road improvements.

The amendment further breaks down how the revenue should be spent.

Twenty percent must be spent on projects that improve, repair and maintain existing streets, roads and bridges, including fixing potholes.

Twenty-six percent must be spent to relieve rush-hour bottlenecks and improve the flow of traffic on existing roads and intersections. This includes new technology to increase an intersection's capacity and the redevelopment of existing intersections. However, the money can't be used to add lanes to roads.

Twenty-seven percent must go to safety improvements on existing streets, roads and bridges.
At least 12 percent must fund bicycle or pedestrian improvements that make walking and biking safer.

The remaining funds can be spent by recipients on "any project to improve public transportation," according to the wording of the amendment.

For the past 10 months, White has been the sole challenger of the tax but the tide may be turning.

Following Barbas' ruling upholding the legality of the surtax, White has asked the Florida Supreme Court to weigh in.

White's appeal to the Supreme Court now has the backing of both the Florida House and Senate, which have asked the court to reverse the lower court's ruling and invalidate the transportation tax.

In a brief filed by Adam Tanenbaum, general counsel for the Florida House, Tanenbaum argued that the tax usurps the legislative authority oversee how sales taxes are spent.

Tanenbaum also argued the All For Transportation referendum included language directing specific uses for the tax revenue. He said only the county commission or Florida Legislature has that authority.

The Florida Senate followed suit, filing its own brief.

White has also attracted supporters outside the Legislature.

Apollo Beach resident Robert Emerson filed a brief with the Supreme Court in support of White following Barbas' ruling in July.

And Associated Industries of Florida, a statewide organization of diversified businesses advocating free enterprise, filed a similar brief Sept. 10.

In response, Hudson filed a motion Sept. 11 asking for a time extension to respond to the appeal. All for Transportation was given until Oct. 10 to put together a brief on the merits of the surtax.

See related stories:

Murman: Transportation Surtax Allocations Could Hurt South County

Despite Lawsuit, Commission Moves Forward With Transportation Tax

Judge Upholds Road Tax; Residents To Speak At Commission Meeting

The Transit Tax Turmoil in Hillsborough County

County Seeks Residents To Review Transportation Tax Projects

Commissioner Files Suit Over Voter-Approved Transportation Tax

1-Cent Sales Tax Referendum For Transportation Makes It To Ballot