Realtors group off base in school district claim

The Florida Association of Realtors contributed $1-million to try to build public support for the Jan. 29 vote on Amendment 1 to the Florida Constitution. West Pasco's Realtors aren't too pleased school superintendent Heather Fiorentino is providing information to her own employees that could undermine that effort.

Too bad.

Florida's Supreme Court ruled previously that local government agencies can use public resources to take an advocacy position on a pending referendum. The opinion came in response to a challenge in Leon County in which opponents said public officials misused public funds, workers and facilities to support a proposed sales tax increase to build a jail.

"[L]ocal governments are not bound to keep silent in the face of a controversial vote that will have profound consequences for the community," the court said. "Leaders have a duty and right to say which course of action they think best, and to make fair use of their offices for this purpose."

Allegations of government abuse are common whenever public resources are used in advance of a referendum, particularly a tax issue. We heard it during the debate over the Penny for Pasco sales tax referendum in 2004 after county commissioners committed $35,000 to a public information campaign and school district employees staffed after-hour phone banks to rally turnout. Then, as now, the district did not advocate a yes or no vote. It is an important distinction since, court rulings aside, it is fair to question using public money to tell the electorate how to vote.

Next week, voters will consider Amendment 1 to change Florida's property tax collection system by increasing the homestead exemption, allowing homeowners to transfer their Save Our Homes exemption, capping assessment increases on commercial and nonhomesteaded residential property and create a new $25,000 exemption on some business property.

Fiorentino's staff prepared a DVD that quotes a Senate bill summary indicating Pasco schools will lose $67.5-million over five years if the amendment passes and noting the state has not identified a funding source to replace the money even though legislators promise to make education spending a priority.

The presentation also says the proposed general fund reduction "will have a significant impact on the district's ability to maintain salaries, offer competitive benefits packages and keep pace with school construction."

The DVD urges faculty and staffers to vote on Amendment 1, but does not specifically ask them to vote it down.

The West Pasco Board of Realtors, however, thinks Fiorentino's efforts were improper and late Tuesday afternoon officials notified reporters they had filed an election complaint against the superintendent.

Their frustration at being unable to deliver their own counter message to the same audience is understandable, but the complaint to the Florida Elections Commission is baseless. Neither Fiorentino nor her staff acted illegally.

[Last modified January 24, 2008, 21:01:35]