Florida court abolishes newspaper tax exemption

Article Abstract:

The Florida Supreme Court has ruled that exempting newspapers from a state tax on publications is unconstitutional, because the state based the exemption on the content of publications and could not show a compelling interest in doing so. Lower courts had come to the same conclusion and declared the tax unconstitutional for other publications, but the state Supreme Court upheld the tax as applicable to all publications. The court cited Florida law, which states a tax will prevail if there is conflict between the tax and an exemption.

Taxation, Newspapers, Tax exemption, Tax exemptions

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Montana court strikes strategy exemption

Article Abstract:

The Montana Supreme Court has ruled that the collective bargaining exemption to the state's open meetings law is unconstitutional. A newspaper had sued after a school board met to discuss a report regarding a collective bargaining agreement without allowing the public access. The court agreed with the newspaper, that the state's Constitution protects individual privacy not an agency's privacy, and that the Legislature's enactment of the exemption violated this constitutional provision.

Interpretation and construction, Laws, regulations and rules, Constitutional law, Constitutional interpretation

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Council's session on litigation exceeds scope of exemption

Article Abstract:

The Florida District Court of Appeals in Zorc v. City of Vero Beach in Dec. 1998 found the Vero Beach, FL, city council went beyond the scope of an exemption to the state's sunshine law. The exemption permits a governing body to hold a closed meetings to review pending litigation in which it is a party. The Court found the council had not limited the meeting to a strategy session as was proper.

Florida, Sunshine laws, City councils

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