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Penny For Pasco

No legal provision for penny tax repeal

Some disgruntled opponents of the Penny for Pasco approval ask about how its passage might be reversed, but state law provides no process.

By BRIDGET HALL GRUMET
Published March 13, 2004

Among the voters most unhappy with the passage of the Penny for Pasco on Tuesday, the buzzword is this:

Repeal.

The Supervisor of Elections Office has heard from one man wondering what it would take to undo the 10-year, 1-cent-on-the-dollar sales tax increase voters approved. Several others have called sales tax opponent Bill Bunting to sound out the idea.

"Here's what people have said to me: Can we get it back on the November ballot?" Bunting said Friday. "They feel like they were outspent and shortchanged."

But even Bunting admits the idea is a long shot, and he's not pursuing it.

"I don't want to say it can't be done, but I think it's probably a difficult process," he said. "If they want to pursue it, they should pursue it, but I'm not leading any charge on it."

Florida statutes do not outline a process for overturning a voter-approved sales tax increase, said Assistant County Attorney Elizabeth Blair. "To my knowledge," she said, "there's no way to repeal it."

Passing the extra sales tax was actually a two-step process. The County Commission approved an ordinance in December to raise the sales tax from 6 to 7 cents on the dollar, if voters approved at a referendum.

Undoing the tax likely would require the same two steps: A new commission ordinance placing the issue back on the ballot, and a majority of voters rejecting the tax, said Ginger Delegal, general counsel for the Florida Association of Counties.

There does not appear to be a way for voters to place the sales tax issue back on the ballot themselves, she said.

"I don't know how you undo a vote of the people," Delegal said.

It's also highly unlikely the County Commission would seek to do that.

"As far as I'm concerned, the vote was cast on Tuesday," Commissioner Ann Hildebrand said.

The extra sales tax will pay for building and renovating schools, improving roads and buying land for conservation. Some will be given to cities for their projects.

The higher tax, which goes into effect Jan. 1, was approved with 52 percent of the vote. About 29 percent of the county's registered voters came to the polls.

The March 9 election date was a sore spot with critics from the start. Presidential primaries have considerably lower turnout than general elections in November. This year, only Democrats - perceived to be a more tax-friendly crowd - had a primary drawing them to the polls.

Adding to critics' frustration, the political groups promoting the sales tax had a significant fundraising advantage.

The mere mention of the word "repeal" drew a sharp response Friday from Pasco school superintendent John Long.

"I think that's an insult to the voters of Pasco County," Long said. "Talk about sore losers. When we lost in 1995, we didn't whine and complain."

- Staff writer Stephen Hegarty contributed to this report.

- Bridget Hall Grumet covers Pasco County government. She can be reached in west Pasco at 869-6244 or toll-free at 1-800-333-7505, ext. 6244. Her e-mail address is bhall@sptimes.com

[Last modified March 13, 2004, 01:50:26]


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