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Hillsborough voters can still cast a vote on disputed transportation surtax in November

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TAMPA, Fla. — After a judge struck down the language of the Hillsborough County Transportation Surtax Referendum, there’s been a lot of confusion about how voters should handle the issue on their ballot.

First, a little history of how the county arrived at this point.

The 2022 referendum is almost identical to a 2018 transportation referendum in Hillsborough County. That measure passed, but the Florida Supreme Court struck down the tax. Roughly $500 million still sits in limbo from that tax, state leaders will have to decide how it can be used.

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.

On October 10, 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.

However, by the time the judge’s ruling was issued, ballots had already been printed and, in many cases, mailed out to early voters with the referendum on the ballots. That means when you look at your Hillsborough County ballot in the November election, the Transportation Surtax Referendum will still be on the official ballot.

What does that mean for voters in Hillsborough County?

According to Hillsborough County, “there is currently no legal prohibition to voting on Hillsborough County’s transportation surtax referendum, and voters may continue to cast their ballots.”

Put another way, Hillsborough County voters can still cast a vote on the referendum on the November ballot, and their vote will be counted.

Still, whichever way voters decide may be moot depending on how the appeals courts rule on the judge’s initial decision striking down the referendum's language.

Nevertheless, Hillsborough County officials said voters should vote yes or no on the issue when they cast their ballot on November 8.