New lawsuit targets tax referendum

© St. Petersburg Times
published June 5, 2002

TALLAHASSEE -- Florida's Realtors, broadcasters, accountants and others filed a lawsuit Tuesday challenging a tax reform referendum that legislators placed on the November ballot.

The lawsuit is part of the business community's fight to remove the measure from the ballot. Florida TaxWatch, the Florida Retail Federation and Florida Farm Bureau filed similar lawsuits last week.

All accuse legislators of acting hastily in the closing hours of the session in March to approve a constitutional amendment that was never considered by a committee.

The proposal would establish a 12-member commission of lawmakers to review sales tax exemptions and decide which survive. Decisions by a seven-vote majority would stand unless overturned by the Legislature.

Opponents say the proposal illegally delegates power, leaving important decisions in the hands of a few lawmakers.

"It's bad public policy to delegate tax policy to seven people," said Gene Adams, executive director of the Realtors.

Adams said the Realtors don't oppose changing the state's sales tax system but would rather see a "rational blue ribbon panel" make recommendations to the governor and Legislature.

"If there is going to be tax reform, we want the public involved and the governor to have a say in it," Adams said.

The lawsuit was filed by Dan Stengle, Vicki Weber and David Powell, representing the Florida Association of Realtors, the Florida Institute of Certified Accountants, the Florida Association of Broadcasters, the Florida Manufacturing and Chemical Council Inc. and the National Federation of Independent Business Inc.

The proposal was cobbled together at the last minute as a compromise with Senate President John McKay, who made overhauling the tax system the centerpiece of his final year in office.

McKay had sought a more sweeping measure, but accepted the compromise and agreed in return to support a new congressional district sought by House Speaker Tom Feeney.

McKay said the lawsuits are being filed by businesses that oppose any changes to the tax system. "They are doing the people of this state a grave disservice," McKay said in a written statement released Tuesday. "Floridians should question their motives and ask themselves why are they willing to spend hundreds of thousands of dollars to take away my right to vote."

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