User57932_3_t Rob Arnold, Florida Realtor / InvestorSand Dollar Blog - Central Florida's full service and investor friendly Realtor
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Now that the property tax Amendment 1 has passed, it was inevitable that a lawsuit regarding its constitutionality would ensue.  I think most people knew it would be coming.  Governor Charlie Crist stated repeatedly that if passed the amendment's constitutionality would be upheld by the courts.  I guess now we will just wait and see what happens.  I mentioned that this might happen in my previous analysis of the amendment.

The attorneys filing this lawsuit are the same ones who filed a similar suit in 2007 challenging the original Save Our Homes amendment.  Their previous lawsuit was thrown out of court.

I think there is a good chance that this new lawsuit will be successful in killing Save Our Homes portability.  If that does happen, the legislature will have no choice but to go back to the drawing board and try again to pass some real tax reform.

Here is an Orlando Sentinel story that goes into more depth on this lawsuit.

      

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(Copyright © 2008. Sand Dollar Realty Group, Inc. All rights reserved.)

Rob Arnold, ABR, CPL, CRB, GRI, Managing real estate broker, Licensed mortgage broker, Notary Public

407-389-7318 www.SDRhouses.com/

Your full service and investor friendly Realtor in Orlando. Learn to invest in Central Florida real estate and Orlando real estate. Investor mentoring and counseling available. I also provide flat fee MLS listings, For Sale By Owner, and menu-based services in most parts of Central and South Florida.

We buy houses cash, sell properties, and list properties in Central Florida including Orlando, Winter Park, Maitland, College Park, Ocoee, Winter Garden, Apopka, Pine Hills, Altamonte Springs, Casselberry, Longwood, Winter Springs, Oviedo, Lake Mary, Sanford, Deltona, Debary, Deland, Mount Dora, Eustis, Clermont, Kissimmee, Saint Cloud, Davenport, Winter Haven, and more. www.WeBuyHousesFlorida.com/ 

 
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5 Comments on The first legal challenge to Amendment 1

Rob:

Good series on property taxes in Florida.  You have excellent information and thanks for keeping everyone up to date on this very important topic for Florida property owners.

02/14/2008 02:13 PM by » Bill Burress Nationwide Mortgage Originator


In our personal circumstances as homesteaders for many years, my husband and I are finding it more difficult and more difficult to maintain our home and lawn.  We need to purchase another home which will require less maintenance.  Without the portability of Save our Homes, the tax increase added to the higher cost of another home will be prohibitive to our ability to purchase another home for retirement.  When we purchased our home many years ago, we didn't complain about the unfair tax benefits of existing homeowners and homesteaders who were paying less taxes than we were.   We figured our benefit would come in time, and it did.   

Let's just assume that right now while my husband and I are still working, that we manage to purchase another home and lose the Save our Homes Benefit.  In a very few short years my husband and I will be retiring, and as our income decreases our taxes will continue to go up at who knows what rate!  The only consolation I have is that some day the opponents of the Save our Homes portability will be senior citizens and they won't have the benefit of Save our Homes either.   

02/20/2008 08:12 PM by


The big problem is AND STILL IS that tax rates are too high for EVERYONE.  Hopefully this will at least relieve some of the burden.

02/21/2008 06:48 AM by Rob Arnold, Florida Realtor / Investor (Sand Dollar Realty Group, Inc.)


The governor's confidence that SOH will stand up to constitutional challenge is simply that it has been on the books since 1992. I hope they have better reasons if they want to keep it. The legal challenge is going to cost the State millions!

02/21/2008 07:47 AM by Simon Conway (Picket Fence Realty)


Simon - I wouldn't be upset if the whole property tax system got unraveled and they started it over from scratch.  Taxes need to come down.

02/21/2008 10:35 AM by Rob Arnold, Florida Realtor / Investor (Sand Dollar Realty Group, Inc.)


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Real Estate Agent: Rob Arnold, Florida Realtor / Investor (Sand Dollar Realty Group, Inc.)
Rob Arnold, Florida Realtor / Investor
Altamonte Springs, FL
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