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Judge Removes Amendment 5 From Ballot

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Aug 14, 2008 5:51 pm US/Eastern

Judge Removes Amendment 5 From Ballot

Judge Ruled Proposal's Summary Is Mis-Leading

TALLAHASSEE (CBS4) ― A Tallahassee circuit court judge has ruled than an amendment proposal that would swap property tax cuts for increases in other taxes should be taken off the November ballot.

Wednesday, Circuit Court Judge John Cooper questioned lawyers who support Amendment 5 which would eliminate more than $8 billion in yearly property taxes used to fund schools.

Under terms of the proposal, a homeowner's property taxes would be cut by about 25-percent. To make up for the loss of income to the state, lawmakers would have to find other sources of revenue; a combination of higher taxes and spending cuts.

Jose Gonzalez, an attorney with the Associated Industries of Florida, argued in court that the Amendment 5 proposal should be removed from the November ballot because it misleads voters.

"It's really a blind leap into Florida's future that really creates a lot of uncertainty for the business that are already here in Florida and those that are looking to come to Florida," said Gonzalez. "They're asking voters to vote for an amendment in 2008 that won't really take into effect until 2011 and that's 3 years away."

Thursday, Judge Cooper ruled that Amendment 5 should be taken off the ballot because its summary is misleading.

Both sides had vowed to appeal the judge's ruling if it was not favorable to their cause. 

If Judge Cooper's ruling is overturned, and the Amendment 5 proposal is put back on the ballot, it will need a 60-percent approval to become law.

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