Transportation advocates were dealt a blow last week when the Hillsborough MPO decided to move forward with FDOT plans to expand a portion of Interstate 275, but they scored a victory on Monday when a Hillsborough judge ruled that a voter-approved 1-cent transportation tax is legal.
The tax was approved by 57% of voters in November’s elections, and Judge Rex Barbas ruled against Hillsborough Commissioner Stacy White, who filed a lawsuit to overturn the tax increase. White argued the tax was unconstitutional because it violated state law and took power away from county commissioners.
In a 16-page partial summary, Barbas upheld the tax, but also mostly agreed with White by saying that the wording of state law shows “the legislature's intention that the county commission be exclusively responsible for determining which uses the surtax proceeds should be allocated to as well as the amount to be distributed to each use.”
According to FlaPol, Barbas also struck charter amendment references to exact percentages allocated to the Hillsborough Area Regional Transit Authority (HART) and the three cities within Hillsborough County. He also struck specific references to how much money can be spent on certain types of projects like roads or transit.
That decision will be made by county commissioners.
The All For Transportation (AFT) advocacy group, which worked to put the tax on the November ballot, said that it will ask commissioners to reinstate the provisions that Barbas removed.
“With this challenge behind us, we implore our local leaders to turn to the work of implementing transportation solutions that will reduce congestion, make our roads safer for everyone, and expand transit options,” AFT chair Tyler Hudson said in a statement.
According to the Tampa Bay Times, spending categories Barbas removed deal with the percentage of money allocated for existing streets, roads, bridges, intersections, safety improvements, bike lanes, pedestrian walkways and more.
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This article appears in Jun 13-20, 2019.