Tampa judge denies proposal to issue refunds for Hillsborough County transportation tax
TAMPA, Fla. - There is finally a path forward for a multi-million-dollar mess. A Tampa judge has denied a proposal to issue refunds for a Hillsborough County transportation tax that was ruled unconstitutional last year.
The final order is only two pages long, and right to the point. "There is no clear legal basis" for the court to issue refunds of the $562 million collected by a penny sales tax in Hillsborough County.
"The case in which the tax was invalidated did not plead for some kind of a remedy," said Attorney Ron Weaver with Stearns, Weaver, Miller.
Weaver said Friday’s decision by the Tampa Judge hands the fate of those funds over to the State Legislature. Turns out, earlier this month, lawmakers added a line to the proposed budget authorizing the collected surtax money be put into a trust outlined by state statute.
"Would make sure that it was delivered only to Hillsborough County citizens, not the citizens of any other County, and secondly, that it would be for its intended purpose," Weaver explained.
The Governor still needs to sign the budget. However, this judgment means the half-a-billion sitting in an account could still be used for improvements to roads, sidewalks and mass transit, uses that were approved by 57% of voters in November 2018.
"That need didn't go away when the referendum got struck down," said Hillsborough County Commissioner Kimberly Overman.
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The State Supreme Court pumped the brakes on the penny tax last February, ruling it was unconstitutional because the commissioners were not the ones dictating how the money should be spent.
That is about to change.
"The Board approved moving forward on that effort, and on April 6th, we will be bringing back language to be presented to voters in November," Overman said.
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We are told the referendum will mirror what was adopted in 2018 because it puts the county on track for its long-range transportation plan. Goals Overman said cannot be achieved without this surtax.
"We're going to put it on the ballot. But in order to get it done, it's going to take the voters showing up in November. And I hope they do," said Overman.
Commissioners said getting this new tax approved by voters is also key for the county to qualify for federal infrastructure dollars. Hillsborough will miss out on this investment unless there are matching funds.