Florida Supreme Court Strikes Down All For Transportation Tax

HILLSBOROUGH COUNTY, FL — On Thursday, the Florida Supreme Court struck down a controversial 1-cent transportation surtax approved by Hillsborough County voters in a November 2018 referendum.

The surtax has been held up in court for more than two years. Shortly after voters approved the transportation tax referendum, Hillsborough County Commissioner Stacy White filed a lawsuit, arguing that the tax violates state law.

Although the county has been collecting the 1-cent sales tax for the past two years, amassing an estimated $400 million, the lawsuit prevented the county from spending the money earmarked for road improvements, alternative transportation and safety improvements.

Despite the barrage of criticism he faced from fellow commissioners as well as the All For Transportation grassroots group, which obtained the petition signatures necessary to place the referendum on the ballot, White said he's glad he challenged the tax.

He said All for Transportation used subterfuge to get the necessary number of signatures to put the referendum on the ballot, presenting it to residents throughout the county as an opportunity to have the potholes in their streets fixed.

In fact, said White, All for Transportation listed specific road and transportation improvements that would be funded with the 1-cent tax money, few of which would benefit unincorporated Hillsborough County. White maintained that it violates state law for a special-interest group to dictate which transportation projects will be funded with tax money. Those decisions, he said, should be made by elected officials.

"I'd like to start by thanking my incredible legal team and I would also like to thank those who have stood by my side and offered encouragement along the way," White said in his remarks to the Florida Supreme Court. "This has certainly not been a one-man show. Despite those who have repeatedly attacked me, I am delighted with the ruling as it affirms my assertion that this referendum was unlawful. This convoluted referendum was authored by interests consisting of a very small number of individuals who said they had it legally vetted."

White said he persisted with his challenge over the past two years because "it was apparent to me that it violated state law."

"The way in which this referendum was done and the fact that this unlawful tax levy was collected for over two years are both surprisingly reckless," he said. "It is now time to work toward transportation solutions for our county in a way that is lawful and for the good of all of the nearly 1.5 million residents of Hillsborough County. The solution should most definitely involve county government making transportation a real priority in its budget and, if another referendum is sent to the people for a vote, it should be done in accordance with state law."

He added that future transportation spending plans should be "well-balanced and treat the two-thirds of our residents who live in unincorporated Hillsborough County equitably."

All for Transportation co-chairman Tyler Hudson said the court's ruling signals more traffic jams, more deaths on the county's roads due to a lack of sidewalks, bike paths and other safety improvements the tax would have funded, fewer options for residents who depend on or want public transportation.

“Today’s infamous ruling is an insult to Hillsborough County voters that will worsen our transportation crisis,” Hudson said. “As Hillsborough County continues to grow, the court’s ruling deprives residents of the necessary transportation investment that they voted for two years ago.”

He pointed out that the referendum was approved by 60 percent of voters in Hillsborough County, winning in every county commission district as well as in the incorporated city of Tampa, Temple Terrace and Plant City.

In response to the Supreme Court's decision, the Hillsborough County Commission issued a statement:

While we respect the Florida Supreme Court’s decision, we are disappointed in the ruling as we have many unmet transportation needs in this community. This dedicated funding source would have been beneficial in helping to build and repair the county’s roadways and transportation network. Although this is a financial setback, Hillsborough County remains dedicated to finding solutions that will allow us to tackle our transportation issues in order to keep our residents safe through well-designed and maintained infrastructure. We also plan to work closely with the Clerk of the Court; the cities of Tampa, Temple Terrace and Plant City; HART; and the Florida Department of Revenue to find a fair and reasonable solution to deal with the surtax dollars already collected in a manner that remains transparent to our taxpayers.

See related stories:

• Supreme Court Appeal, Legislative Challenge: Road Tax In Jeopardy
• All For Transportation Launches Campaign To Approve Referendum
• Judge Upholds Road Tax; Residents To Speak At Commission Meeting
• Judge Dismisses Commissioner's Lawsuit Against Transportation Tax
• Commissioner Files Suit Over Voter-Approved Transportation Tax
• Despite Lawsuit, Commission Moves Forward With Transportation Tax
• 1-Cent Sales Tax Referendum For Transportation Makes It To Ballot