Amendments

High Court scraps tax-swap, school voucher amendments

A unanimous Florida Supreme Court took much of the controversy out of the 2008 election Wednesday, scuttling three constitutional amendments the Tax and Budget Reform Commission proposed.

The court didn't immediately give its reasons for spiking the tax-swap amendment or for rejecting two education proposals aimed at restoring use of public funds for tuition vouchers.

But in two hours of oral arguments, questioning by the seven justices indicated they considered the tax amendment's title and ballot summary deceptive and they doubted the tax commission's authority to deal with education policy issues such as vouchers.

"I'm sorry the Supreme Court is going to deny Floridians the right to decide how they wish to be taxed for education and for other services they want and demand," said John McKay, chief sponsor of the tax-swap amendment on the TBRC. "That's what they've done today."

McKay, a former state Senate president, said it was "really shocking" the court ruled unanimously in barely four hours. All sides had asked for quick decisions so county elections supervisors could print ballots for a general election in two months.

The amendment would have abolished the "local required effort" portion of county property taxes for school support, requiring the Legislature to come up with an estimated $11 billion in replacement revenues through a 1 percent sales-tax increase, repeal of existing exemptions, new tax levies and cuts in state spending. Sen. Mike Haridopolos, R-Indialantic, who held a series of 10 public forums across the state to denounce the plan. "It is clear that our Florida Supreme Court justices saw Amendment 5 for exactly what it was - nothing more than a bait-and-switch."

The court also axed Amendments 7 and 9, dealing with education policy. The first would have removed the constitutional ban on use of tax money by religious organizations; the other would have required 65 percent of school budgets to be spent in the classroom - rather than the front office - while countermanding a previous state Supreme Court ruling that struck down ex-Gov. Jeb Bush's tuition voucher plan.

Bush issued a statement through his Foundation for Florida's Future, saying the court's ruling jeopardizes other tuition-assistance plans, like the McKay Scholarships for children with developmental disabilities and the corporate-funded scholarship system for low-income students that he championed as governor.

The Florida Catholic Conference also issued a statement decrying the ruling against Amendments 7 and 9. But Andy Ford, president of the Florida Education Association, who sued to knock them off the ballot, said "When you're going to put things on the ballot, you've got to be clear and up-front with the voters. ... This language never used the word 'vouchers,' and that's clearly what it was designed to do."

(Published by News Press - September 4, 2008)