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Amendment 1 Challenge Argued In Court

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The Tampa Tribune

Published: May 30, 2008

TALLAHASSEE - A lawsuit challenging a new constitutional amendment that lets homeowners take property tax breaks with them when they move should be dismissed, state and local government attorneys told a judge Thursday.

Three recent homebuyers who migrated from other states contend in the suit that Amendment 1 violates their right to travel because the amendment's "portability" provision exacerbates differences between their taxes and those of longtime Florida residents.

The government attorneys argued that the U.S. Supreme Court in 1992 approved similar discrepancies that resulted from California's Proposition 13. The justices found tax breaks for older residents served a rational purpose.

"This is an anachronistic lawsuit," said Scott Makar, an attorney for the state Department of Revenue.
Chief Circuit Judge Charles Francis said he would rule as quickly as possible but declined to set a timetable.

The Associated Press

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