BREAKING: Broward County Violating State Law, Acting Unethically, by Opposing Amendment 4?

Sunshine State News has come across a flyer critical of the Florida Property Tax Amendment ("Amendment 4"), published by Broward County, that seems to fly in the face of state laws that prohibit local governments from expending taxpayer dollars on political advertisements. The fliers seem to

One side of the flyer reads:

"Broward Can't Afford Amendment 4

"Property tax revenues support:
"Transportation
"Human Services
"Parks
"Libraries
"Public Safety
". . . and other basic community needs!

"Protect Broward's Quality of Life

"Get all the facts on Amendment 4."

The reverse is headlined "Further Property Tax Reductions = Fewer Services or Increased Taxes," and contains several paragraphs detailing alleged "adverse consequences" should the amendment pass.

Some excerpts:

". . . Amendment 4 should be of tremendous concern to Floridians because of its potential for adverse consequences. . . .

"If Amendment 4 passes, county services must be decreased or eliminated, or tax rates must be increased so that non-homesteaded property owners, including snowbirds, real estate investors and out-of-state first-time homebuyers enjoy tax breaks, while long-time residents and homesteaded property owners pay the price. Adding insult to injury, the benefactors of these tax breaks are free to invest the dollars from those savings outside Broward County, and even outside Florida."

Sunshine State News previously reported on efforts by the Florida League of Cities has devised an "action plan" encouraging city officials to encourage citizens to vote "NO" on the amendment. Now the counties seem to be following their lead.

Florida Statute 106.113provides that a local government or a person acting on behalf of local government may not expend or authorize the expenditure of ... public funds for a political advertisement or electioneering communication concerning an ... amendment ... that is subject to a vote of the electors.

The statute goes on to say that these restrictions do[] not apply to an electioneering communication ... which is limited to factual information. The statute also says state lawdoes not preclude an elected official of the local government from expressing an opinion on any issue at any time.

Is this flier in fact "limited to factual information"? Does a taxpayer-funded "electioneering communication" have to include the magic words "Vote No" in order to constitute "a political advertisement concerning an amendment that is subject to a vote of the electors"?

And even if this flier conforms to the letter of state law, does it violate its spirit? Is it right for public officials to use taxpayer dollars to actively campaign against tax breaks?

Asked about the flier, pro-Amendment 4 campaign manager Ben Fairbrothertold Sunshine State News:

"Local politicians should not be able to misuse taxpayer dollars to campaign against a taxpayer-friendly amendment. Florida's taxpayers deserve better than greedy local politicians who justify abuses of taxpayer dollars by using carefully chosen words. Right and wrong still matter. And we believe this is clearly wrong."

An online version of the flier can be found here: http://www.broward.org/Amendment4/Pages/Default.aspx

What do you think?