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Disputed Hillsborough County transportation surtax remains in limbo

Appellate court placed stay on ruling vacating the surtax
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TAMPA, Fla. — If your head is spinning trying to figure out the status of the Hillsborough County Transportation Surtax Referendum, you're not alone. The latest move from an appellate court Friday gave the county a temporary reprieve while the court considers an appeal.

On Friday, Florida's 2nd District Court of Appeal put a "provisional stay" on Thursday's order vacating the automatic stay that was in place on the original decision that removed the surtax referendum from the ballot.

In other words, the surtax referendum remains in limbo as the 2nd District Court of Appeal considers the County's fight against the original ruling.

That original ruling came on October 10, when a circuit court judge struck down the language in the 2022 referendum, saying it was too vague. The county appealed the judge's verdict after an emergency commission meeting.

The commission's appeal put an initial stay on the ruling removing the referendum from November's ballot. However, Thursday, a judge lifted that automatic stay and the order was put back in place to remove the referendum from the ballot.

That brought everything to the Friday ruling from the appellate court, putting the original ruling on hold again.

The 2022 tax referendum would increase the sales tax by one percent in the county.

Here’s a breakdown of how the funds from the 2022 transportation referendum would be allocated:

  • 45% would go directly to HART for things like enhancing bus services and expanding public transit options.
  • 54.5% would be divided among Hillsborough County, Tampa, Temple Terrace, and Plant City based on their relative populations, with projects that improve, repair, and maintain existing roads and bridges, including fixing potholes, congestion reduction, and safety improvements among funding priorities.
  • The final 0.5% would be used for planning and development purposes.

Supporters said the 2022 referendum would add $340 million for transportation improvements in its first year.

The case may not be decided by Election Day, November 8. Regardless, the referendum will be on the ballot even if the case ultimately goes against Hillsborough County.

If the County ultimately wins its appeal, it's unknown how that would impact the votes that are cast.