HILLSBOROUGH COUNTY, Fla.- Hillsborough County Republicans have requested that the state issue a “Sales Tax Holiday” to resolve the unconstitutional 1% transportation sales tax enacted in Hillsborough County.
At the September 14, 2023 meeting of the Hillsborough County Republican Executive Committee, the members adopted the following resolution:
A RESOLUTION REQUESTING THE FLORIDA STATE LEGISLATURE ENACT A SALES TAX HOLIDAY THROUGHOUT HILLSBOROUGH COUNTY AS THE PREFERRED METHOD TO REBATE THE $570 MILLION OF COUNTY SALES SURTAX FUNDS RULED UNLAWFULLY COLLECTED BY THE FLORIDA SUPREME COURT’S 2021 RULING.
In an October 3, 2023, memorandum forwarded to Governor Ron DeSantis, Chief Financial Officer Jimmy Patronis, Florida Senate President Kathleen Passidomo, Florida House Speaker Paul Renner, and Florida Taxpayer Advocate Gary Gray, the Chair of the Hillsborough County Republican Party urged the legislature to adopt the House-proposed rebate process and enact a 1% discretionary sales tax holiday until the $570 million fund balance is fully depleted.
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Regarding the constitutionality of the Hillsborough County transportation surtax, the Florida Supreme Court delivered a joint ruling on February 25, 2021, in the cases of Robert Emerson et al. v. Hillsborough County, Florida, etc., et al. and Stacy White v. Hillsborough County, Florida, etc., et al.
The spending orders were deemed unlawful in the ruling, written by Justice Canady, since they were in contrast with a state statute that grants the county commission the authority to disburse such monies.
Moreover, the Florida Supreme Court determined that the entire charter amendment had to be overturned since it was implausible to claim that voters would have supported and approved the tax in the absence of the spending plan that went along with it.
The Hillsborough County commissioners voted on Wednesday, March 3, 2021, to return over $500,000 in sales tax that was obtained from the county’s one percent local transportation surtax.
The Florida Supreme Court ruled that the one percent tax levied by Hillsborough County was illegal. Hillsborough County planned to collaborate with the Florida Department of Revenue in order to help with the tax refund process.
However, the Department stated that given the peculiarities of the situation, it is possible that the court will need to get involved in order for the refunds to be made.
After the 14-day window for any party to file a move for rehearing closed, hopes that the Florida Supreme Court would grant a rehearing on the refund issue were dashed.
Hillsborough GOP Chairman Dana Galen stated, “It is time for this matter to be resolved in the most beneficial way to compensate the taxpayers.”
Galen asked the Legislature “not to insult the taxpayers of Hillsborough County by asking them to produce receipts for purchases made years ago, and then returning the unclaimed balance of illegally obtained funds to the County, who will bear no consequence for its wrongdoing.”
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