TAMPA, Fla. — Tuesday afternoon, the Hillsborough County School Board will hold a special meeting to vote on whether to authorize the Superintendent of Schools, Van Ayres, to take legal action against the Hillsborough County commissioners.
The legal action is related to a 4-3 vote county commissioners made last week which blocked a tax referendum from this year's ballot, pushing that ballot initiative to 2026.
Now, Superintendent Ayres wants a judge to take a closer look at whether the commissioners acted within their rights.
Commissioner Joshua Wostal brought forward the motion to postpone the referendum vote until 2026, based on his understanding of Florida Statute 1011.73.
"My understanding [of the statute] is that county commissioners are empowered with the element of timing and when the tax should go to a referendum on the ballots," Wostal said.
It was an understanding echoed by County Attorney Christine Beck during the commissioner's meeting last Wednesday.
Beck said, "While you do not have the discretion of whether you can take action, we do believe this board has some discretion as to timing, reasonable discretion."
However, Superintendent of Schools Van Ayres is calling for more legal scrutiny.
"Our stance is they have no right to postpone that at all. They are superseding, they are trying to take away the power of the school board," Ayres said.
Commissioner Harry Cohen, who voted against delaying the referendum, said this move appears to exist in a "gray area."
"I think that the law is not entirely clear," he said. "I think to some degree, we're in uncharted waters here."
Moreover, Cohen feels the move to postpone the referendum undermines the school board, which is comprised of elected officials.
"Just because you can do something doesn't mean that you should," Cohen said.
Commissioner Gwen Myers, who also voted against postponing, said she has already reached out to state senators asking to change Florida Statute 1011 so this can't happen again.
Myers said, "Let's look at changing the language so that the school district would have that authority. When they vote on something that needs to become a referendum to be placed on the ballot, they can get that done without asking the board of county commissioners."
Authorizing the superintendent, to take "all appropriate legal action" to ensure the mileage referendum is on this year's ballots is the only item on the short agenda for Tuesday's special-called school board meeting. It will take place at 2 p.m.
If the superintendent's authority to take legal action is granted during the meeting, the district said it will share more about the possible legal action they could take and what the process will look like.
10 Tampa Bay reached out to the aides of the four county commissioners who voted to stall the tax today, requesting interviews, but did not hear back.