Tampabay.com
OCTOBER 30, 2007

As goes state tax appeal, so goes another

The state today dropped its appeal of a circuit court judge's ruling that the Legislature's "super" homestead exemption proposal was misleading. Now the Weston mayor who hobbled that plan is dropping his own court appeal.

A lawyer for Mayor Eric Hersh told the Buzz that he will withdraw on Wednesday an appeal of the judge's ruling upholding a different part of the state's original tax plan.

The provision stated "by general law, the legislature shall limit the authority of counties, municipalities and special districts to increase ad valorem taxes." Hersh's lawyer, Jamie Cole, argued that local government had a right to set millage rates up to 10. (It's kind of confusing because the Legislature still has the ability to cap property tax revenue, which it has.)

That same language was in the mix of the new tax proposal, drawing the protest of local governments on the grounds that it violated home rule. But it was dropped from consideration in the Senate plan that passed Monday. As a result, Cole said he will withdraw the appeal on Wednesday.

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