Appeals court rules for Hillsborough schools in taxing case

Hillsborough voters can decide on the question of higher property taxes to supplement teacher pay, an appellate court ruled Monday.

The Second District Court of Appeals did not go along with the Hillsborough County Commission’s contention that it has discretion to move the date of the tax referendum from this November to 2026 or beyond.

While state law allows the county commission to place the referendum on the ballot, the appeals court found that this aspect of the law does not give them discretion to modify the date. One point they found in the school board’s favor was the ballot language, which specified that the tax would be collected between 2025 and 2029.

The decision before voters is whether they are willing to pay $1 per $1,000 in taxable property value, in addition to the taxes they already pay.

School district leaders say they are relying on the tax to generate approximately $177 million a year for operating expenses. More than 90% is earmarked for employee bonuses: $6,000 a year for teacher and administrators, and $3,000 for support employees.

They say these bonuses are needed to match pay rates in Pinellas, Manatee, Orange, Pasco and other nearby counties that already levy the special property tax. The tax would remain in effect for four years, and after that it would come before the voters again.

Opponents on the county commission and on the school board argued that residents were already suffering too much from escalating housing costs.

A political action committee called Hillsborough Students Deserve Better, chaired by county PTA volunteer Ellen Lyons, has already begun a campaign to promote the tax.

The issue has been a divisive one among school board members and candidates. The board approved placing the tax on the ballot 5-2, and the vote to sue the county commission was 4-3.

On the campaign trail, conservative candidates have generally spoken out against the tax while the four incumbents — Nadia Combs, Jessica Vaughn, Henry “Shake” Washington and Lynn Gray — said the tax, although regrettable in inflationary times, was necessary.

The last time a property tax came before Hillsborough voters to support the schools was in 2022. Contrary to state trends, it failed. Four years earlier, in 2018, voters approved a half-cent sales surtax for capital improvements including air conditioners.

This is a developing story. Check tampabay.com for updates.