TAMPA, Fla. — Hillsborough County plans to appeal to keep its transportation tax referendum on the ballot.
It comes after a judge ruled in favor of opponents who argue the ballot's language is misleading voters as to where and how the money will be spent.
County commissioners held an emergency meeting Thursday and voted 5-2 to file an appeal, and hire a special appellate counsel.
As of Friday, Hillsborough County's Supervisor of Elections stated it has not received the written court order yet.
Attorney Ron Weaver, who is in favor of the appeal, said the referendum is back on the ballot by filing a notice of appeal under state law because of an automatic stay.
A county attorney said it works like a “time out” to keep everything, as is, through the review process.
However, opponents may still ask to lift the stay.
10 Tampa Bay reached out to those opposing the referendum but did not hear back as of Friday.
Stetson Law Associate Professor Andrew Appleby said the challenge comes down to the wording of the ballot.
"That's the challengers' argument," Appleby said. "This is going to influence voters in the way that's being presented."
Weaver said the case will likely take months beyond the Nov. 8 election, but the length of time won't compare to legal challenges surrounding the passage of the 2018 ballot.
Florida courts typically determine whether the chief purpose is clear enough and is the true effect clear enough, Weaver said.
"Only if it is deliberately intentionally misleading the voter with respect to chief purpose and true effect will the ballot language be thrown out," Weaver said.
Raising the sales tax in Hillsborough County from 7.5 to 8.5 percent would allow transportation officials to have the funds to make roads safer by adding bike lanes, lights and paving roads.
More than 54 percent would go to the county and municipalities. That includes Tampa, Temple Terrace and Plant City.
Then 45 percent would go to HART, which is public transportation. The remaining .5 percent would go to an oversight committee.
Opponents also argue the additional tax is unnecessary given the rise of inflation this past year.
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