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NO on Amendment 9, Because the Florida Constitution Is Not the Place for Tax Breaks

By: Deirdre Macnab | Posted: October 15, 2012 3:55 AM

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Deirdre Macnab

Being invited to write a column opposing a tax break for spouses of veterans and first responders (our EMTs, firefighters, etc.) killed in the line of duty is like being asked to throw torpedoes at some of our community's most beloved heroes.

Let me explain why the League of Women Voters of Florida is willing to take what may seem like an unpopular decision.

It is understandable that many may be inclined to support this break, which will appear on Florida’s Nov. 6 ballot as Amendment 9 (Florida Property Tax Exemption for Surviving Spouses) to our state Constitution. Regardless of the possible benefits, however, this measure deserves a thumbs down from all voters.

Amendment 9 is one of three initiatives to place property tax exemptions into our Constitution. Similarly, Amendment 2 would give a property tax discount to veterans disabled due to combat injury, and Amendment 11 would expand the homestead exemption for low-income seniors. The League opposes all of them for two basic reasons:

First, the state Constitution is not the appropriate place for tax breaks … for anyone, regardless of how deserving he or she might be. Our Florida Constitution was crafted as a document that is intended to be difficult to change, and kept sacred for the purpose of defining the structure of our government. These proposed amendments, however, would insert specific tax exemptions into that sacred document.

With the Constitution intentionally hard to change, a better place for such tax provisions is regular statutory law, where changing conditions make modification easier. The Constitution is a governing document, and should be left sacred to that purpose. We urge legislators to use their law-making powers, and not taint our Constitution with complicated amendments that don’t belong there.

Second, Florida should have a level playing field for taxes. Imagine a giant hunk of Swiss cheese. That is our state tax policy today, rife with loopholes everywhere for owners of private planes, yacht owners, even breeders who purchase ostrich-feed.

The League says close the loopholes, level the playing field, and lower the amount on everyone, not just a designated few.

Of course our disabled veterans and surviving spouses of first responders and veterans deserve our highest respect, and we should do everything we can reasonably do to thank them and recognize them.

So let's thank our veterans, our first responders and our low-income seniors not by opening more exemptions just for them, but by leveling the playing field, providing a fair tax rate for all Floridians and adequately funding our public schools and universities, so that we can compete with the rest of America -- perhaps one day bringing higher-paying jobs and new businesses to our state.

Deirdre Macnab is state president of the League of Women Voters of Florida.

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Tags: Amendment 11, Amendment 2, Amendment 9, first responders, homestead exemption, League of Women Voters of Florida, News, property tax exemptions, tax breaks, Veterans, Columns

Comments (10)

michelle

10:34PM OCT 24TH 2012

I am voting NO. For how long should they get this exemption? Forever? 5 years? 10 years? This is too vague with no limitations. What happens if the spouse remarries and does not put that person's name on the deed. Should they still get the exemption while the rest of us pay. Not thought out.

Laura Berben

7:16PM OCT 15TH 2012

Ah, the Property Tax Exemption is apparently different from the Homestead Exemption. Seems it would be important advantage for these families. Difficult issue. Sadly, unless this is properly sorted out in the media, voters will just throw a dart rather than stand in the booth until their feet hurt to work through these lengthy Amendments written in legalese.

Laura Berben

7:10PM OCT 15TH 2012

It is assumed that a surviving spouse is already able to take advantage of the Homestead Exemption and the death of the other spouse would not effect that advantage.

Laura Berben

7:04PM OCT 15TH 2012

Excellent point.

Jim Browne

11:37AM OCT 15TH 2012

With all due respect, as the President of the League of Women Voters and proclaiming the Florida Constitution being sacred, you may wish to actually read and understand the state constitution concering property taxes. Where was that restraint when the LWV has supported amendments in elections past? The Florida Legislature may only grant property tax exemptions that are authorized in the constitution, and any modifications to existing property tax exemptions must be consistent with the constitutional provision authorizing the exemption--they cannot do this with just passing a law.

This is the reason why Amendment 9 is on the ballot; the implementing bill HB 95 has already been signed into law. The Florida Association of Counties and the Florida League of Cities did not oppose Amendment 9 throughout the legislative process. Also, local municipalities that have lost first responders in the line of duty have SUPPORTED Amendment 9. Tampa Mayor Bob Buckhorn has actively helped to support its passage.

Your desire for equality in the property tax code is understandable, but your expression of "we should do everything we can reasonably do to thank them and recognize them" is great for raising the families left behind. An abruptly suddenly single mom raising three kids can take the condolence card expressing thanks and recognition to the tax collector's office and give the tax collector the cards instead of a check for their home. Amendment 9 is a way you could actually do something to truly help them instead of hallow words of comfort.

Franklin Thompson

9:24AM OCT 15TH 2012

The Florida constitution is such a place for a tax break for Veterans because it is one of the responsibilities of the federal government in our U.S. Constitution to 'provide for the common defense', which includes the Florida National Guard.

Andy Dubois

6:39AM OCT 15TH 2012

I am voting NO on Amendment 9 based on the principle of this being another unfunded mandate from Tallahassee on Florida counties. Again, Tallahassee is using our tax code to pick winners and losers. Per usual, at first glance; this feels goods; helps good folks in need; is truly help for a worthy cause. However, as an advocate of smaller government, leave the counties alone Tallahassee, let the counties decide how and what to do with their property tax revenue.

just a mom

6:36AM OCT 15TH 2012

I agree with you that the Constitution is not the place for these amendments.

Frank White

6:09PM OCT 17TH 2012

It's a shame that for a group that's purported mission is to educate voters, that you would take such an intellectually dishonest position as the main reason to oppose the amendment.

Mr. Browne is right. The legislature is prohibited from providing property tax breaks without constitutional authorization.

Shame on the league.

Franklin Thompson

5:38AM OCT 17TH 2012

And you think it is the place for a net ban amendment???