On 1-11-08 another suit was filed challenging Florida’s property tax system. For the first time, however, suit was filed in Federal Court. In 2007 two separate suits (one by non-resident non-homesteaded out of state property owners and the other by homesteaded property owners) were filed in Florida State Court and the outcomes are pending.
This latest suit, Case No. 8:08-CV-00057-T-17TGW, filed in the Middle District of Florida, Tampa Division, focuses on the violation of Plaintiff’s Rights secured under the United States Constitution. Plaintiffs Ken & Dolores Kania, homeowners in Illinois also, and Florida property taxpayers since 1979 argue that the violation of their Rights has: ‘…resulted in an unjust, substantial, disproportional, discriminatory and irreparable financial burden.’
Furthermore, they argue that Florida property tax law violates standards established by numerous United States Supreme Court rulings dealing with state treatment of non-residents vis-à-vis residents.
As a remedy Plaintiffs ask that the Court declare Florida Law at point void, and that equitable restitution be made for all years Plaintiff’s Rights were in violation. Plaintiffs may be contacted at whatislaw@hotmail.com. I certainly wish the Kanias much success in their challenge of Florida’s discriminatory tax system.
If January 29th property tax amendment passes (which is anything but certain, as more voters are beginning to realize that it will further aggravate Florida’s economic situation) additional Constitutional challenges will be under way against so called ‘portability’, which was already declared unconstitutional in a legal opinion sponsored by Florida’s legislature, last year.