Court again upholds Fla. homeowner tax breaks

National News

A three-judge panel Tuesday rejected another challenge to state constitutional amendments that give property tax breaks to Florida's primary homeowners, but not to owners of second homes.

The panel of the 1st District Court of Appeal disagreed with arguments that the amendments violate U.S. constitutional rights of travel and interstate commerce by favoring longtime Florida homeowners over those who have recently moved to the state.

The judges cited a July decision that also upheld the Save Our Homes Amendment, which limits annual assessment increases to no more than 3 percent for homesteads, in a case filed by out-of-state residents who own second homes.

In the new case filed by recently arrived Florida residents, the judges also for the first time upheld a new state constitutional amendment passed last year that includes a "portability" provision. It lets homeowners take at least part of their Save Our Homes benefits with them when they move.

The panel, though, returned a third appeal attacking both tax breaks to a trial judge for reconsideration because he erroneously dismissed the case on grounds that he lacked jurisdiction. That case also was filed by out-of-state residents who own second homes in Florida.

The appellate court in July ruled the tax benefit is based on the way the property is used, not on the status of the owner as a resident or nonresident. That case, now on appeal to the Florida Supreme Court, did not include the portability provision.

Related listings

  • Fla. lawyer suspected in $1B fraud losing license

    Fla. lawyer suspected in $1B fraud losing license

    National News 11/18/2009

    A South Florida lawyer suspected of operating a $1 billion Ponzi scheme is asking for his own disbarment.A Florida Bar committee has approved the disbarment request submitted by attorney Scott Rothstein. A spokeswoman said Wednesday the final decisio...

  • Chavez says Obama did "nothing" to deserve Nobel

    Chavez says Obama did "nothing" to deserve Nobel

    National News 10/12/2009

    CARACAS (Reuters) - Venezuela's socialist leader Hugo Chavez said on Sunday that U.S. President Barack Obama had done nothing beyond wishful thinking to earn the Nobel Peace Prize. Chavez, who has mixed praise for Obama personally with criticism of h...

  • Obama's nominees for federal court vacancies

    Obama's nominees for federal court vacancies

    National News 10/02/2009

    A look at President Barack Obama's nominees to fill federal court vacancies:___NOMINEES CONFIRMED_ Sonia Sotomayor, Supreme Court, nominated June 1, confirmed Aug. 6._ Gerard Lynch, 2nd Circuit, nominated April 2, confirmed Sept. 17._ Jeffrey L. Vike...

Does a car or truck accident count as a work injury?

If an employee is injured in a car crash while on the job, they are eligible to receive workers’ compensation benefits. “On the job” injuries are not limited to accidents and injuries that happen inside the workplace, they may also include injuries suffered away from an employee’s place of work while performing a job-related task, such as making a delivery or traveling to a client meeting.

Regular commutes to and from work don’t usually count. If you get into an accident on your way in on a regular workday, it’s probably not considered a work injury for the purposes of workers’ compensation.

If you drive around as part of your job, an injury on the road or loading/unloading accident is likely a work injury. If you don’t typically drive around for work but are required to drive for the benefit of your employer, that would be a work injury in many cases. If you are out of town for work, pretty much any driving would count as work related. For traveling employees, any accidents or injuries that happen on a work trip, even while not technically working, can be considered a work injury. The reason is because you wouldn’t be in that town in the first place, had you not been on a work trip.

Workers’ compensation claims for truck drivers, traveling employees and work-related injuries that occur away from the job site can be challenging and complex. At Krol, Bongiorno & Given, we understand that many families depend on the income of an injured worker, and we are proud of our record protecting the injured and disabled. We have handled well over 30,000 claims for injured workers throughout the state of Illinois.

Business News