This article was written by Henry Queen and originally published in the Tampa Bay Business Journal on October 13, 2022.
A majority of Hillsborough County commissioners voted Thursday to appeal a circuit court ruling that invalidated a proposed 30-year, 1% transportation surtax. The appeal goes into effect once the official written order comes in, according to Chief Assistant County Attorney Robert Brazel.
As of Thursday night, Circuit Court Judge Anne-Leigh Gaylord Moe has yet to file the written order following her verbal decision on Monday. Moe agreed then with plaintiff Karen Jaroch‘s assertions in a lawsuit that the ballot language was misleading.
The five Democrat commissioners voted to appeal so that citizens can still vote on the referendum, they said. The county will hire an outside appellate counsel to make the appeal. Commissioners Ken Hagan and Stacy White voted against the motion.
Brazel told commissioners that an automatic stay would occur once the appeal goes into effect, allowing the referendum to be voted on. A stay maintains the status quo from before Moe’s ruling; the opposition can ask for the stay to be vacated, he said.
“We and our team of lawyers are going to do everything that we can to make sure the stay stays in place,” Brazel said.
White said he expects the lawsuit to advance to the Florida Supreme Court and that an appellate process could take six years. He contrasted the ballot language of Hillsborough’s proposal to the 20-year, 1% transportation surtax proposal in Orange County, which simply says the surtax would fund transportation and transit.
He said Moe was right to rule that the language was misleading. Hillsborough County is not on solid legal ground, he said.
“I’m not trying to be an obstructionist,” White said. “I’m not inserting politics into this issue. I’m just looking at this pragmatically. … Ironically, my position in opposing an appeal is likely to benefit those in support of this tax as much as it would be applauded by those who oppose it.”
Commissioner Mariella Smith said the commissioners want to be sure every vote is counted.
“We’re fighting for the rights of our citizens to vote on this,” she said. “We’ll fight in court. I don’t see why we wouldn’t win.”
Dozens of public comments were split among familiar lines, with business leaders speaking up in support of an appeal. Tampa Bay Chamber transportation chair Mickey Jacob, Westshore Alliance Executive Director Michael Maurino and Tampa Bay Partnership President and CEO Bemetra Simmons said transportation improvements are long past due.
The county’s quality of life and economic competitiveness are at stake, they said.
Apollo Beach resident Robert Emerson, who successfully helped to overturn the previous 2018 tax with a lawsuit in conjunction with White, said unincorporated Hillsborough would receive “few if any funds” from this year’s surtax. That talking point is shared with others in the area.
“We’ve already been through this,” Emerson said.
Joshua Wostal, Hillsborough County commission candidate in next month’s election, said All for Transportation is a two-time loser and that commissioners intentionally misled the community.
Nathan Hagen, co-leader of the housing advocacy organization YIMBY Tampa, said Moe’s ruling was cynical and partisan. Moe was appointed by former Gov. Rick Scott.
Tim Pearson, president of Hillsborough County Firefighters, said he still supports the referendum. He endorsed All for Transportation alongside Hillsborough County Sheriff Chad Chronister last week due to the county’s poor traffic safety record.
“We’re watching mom and dad fight, and the citizens and voters are suffering because of it,” Pearson said.
