Florida judge nullifies Hillsborough County transportation tax question

For the second time in as many years, one Florida county’s pursuit of additional transportation funding has been thwarted.

A Florida judge has nullified the inclusion of a transportation referendum on next month’s ballot in Hillsborough County.

Voters in the county that includes the city of Tampa have been slated to decide on Nov. 8 whether to raise the 7.5% local sales tax by a penny to 8.5% for transportation purposes.

Karen Jaroch, a Tampa resident and coordinator for a conservative advocacy group, filed a lawsuit to block the vote.

The legal challenge stated the referendum does not meet Florida’s requirement for a simple and narrow question.

“They incorrectly inform voters that their vote on the referendum, rather than decisions by the Board of County Commissioners, will establish the uses to which surtax proceeds will be put and that those uses will be set in stone for the 30-year life of the proposed surtax,” the suit stated.

A circuit court judge sided with Jaroch’s motion.

However, the matter may not be settled. Advocates could decide to challenge the decision to keep the question on the ballot.

The 30-year tax is estimated to raise $342 million in the first year.

Supporters say the money is needed to avoid losing out on federal funding. They point out that a local match is necessary to secure federal funds estimated at $229 million.

If voters approve the measure, about half – 45% – of the revenue would be dedicated to the Hillsborough Area Regional Transit Authority.

The county and three cities would receive 54.5% of the revenue. Shares would be based on population.

Another one-half percent would go to the Hillsborough Transportation Planning Organization.

Funds would be used for projects that include additional lanes, lighting improvements, and construction and improvements to sidewalks and curb extensions.

Second time does not appear to be the charm

The apparent legal defeat is not the first time a transportation tax question has been derailed by the courts.

In November 2018, Hillsborough County voters approved a question to raise the local sales tax by 1%. About 55% of new revenue was set to be applied for road work. The remaining funds were designated to pay for new and enhanced transit options.

Shortly after passage of the referendum, multiple legal challenges were waged. Critics, including Hillsborough County Commissioner Stacy White, argued the tax was unconstitutional and took power from the County Commission.

The issue ultimately made its way to the Florida Supreme Court where plaintiffs argued the charter amendment was “deceptive” to voters. Additionally, they said the spending parameters were set by the referendum and not by elected officials.

In early 2021, justices ruled the tax unconstitutional. LL

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