TAMPA, Fla. — A state appellate court decided Monday to affirm a trial court’s earlier ruling that allows a millage increase referendum approved earlier this year by Hillsborough school board members to appear on the Nov. 5 ballot. 

“They sent a clear message today that this decision will be up to the residents of Hillsborough County over the next few months,” said Hillsborough County Public Schools Superintendent Van Ayres.

What You Need To Know

  • A ruling from a state appeals court Monday will allow a millage increase referendum to appear on the general election ballot for Hillsborough voters

  • The referendum is meant to generate revenue to boost teacher pay, but county commissioners voted to delay putting it on the ballot, saying residents can't afford another cost increase

  • Commissioners cited a state law they said allows them to set the date of the election; the ruling states their "presence in the statutory process does not mean that they have discretion to set the date of the election"

  • Read previous coverage here

District and union officials applauded the decision, saying the next step was gaining support among voters.

"We're going to educate families on what it's going to mean for them personally," said Hillsborough Classroom Teachers Association President Rob Kriete. "We're going to educate them on the great impact it's going to have on Hillsborough County. Then, most importantly, we're going to educate them on the impact it's going to have on our students."

The hoped impact: attracting and keeping quality teachers. District leaders have said most of the $177 million generated would go towards raises, but the Hillsborough County Board of County Commissioners voted to delay putting it on the ballot. According to the district, property taxes for the typical homeowner would increase by $281 a year if the referendum passes. Commissioners said many residents can't afford yet another cost increase on top of other rising expenses and inflation. Commissioner Joshua Wostal cited a state law during that meeting last month.

"It is my understanding, Attorney Beck, after reading Chapter 10-11, that the county commissioners are empowered with the element of timing of when the tax should go on to a referendum on the ballot," Wostal said, speaking to County Attorney Christine Beck.

But Monday's ruling states in part, "And while the County Commissioners argue that the legislature must have intended for them to have discretion in setting the date of the election because there must be a reason for their presence in the statute, the County Commissioners' mere presence in the statutory process does not mean that they have discretion to set the date of the election." Now, with the ballot deadline Tuesday, it looks like voters will get the final say. That's something Ellen Lyons, the Hillsborough County Council PTA's vice president of advocacy, said she's happy about. She told Spectrum News her twin boys are already without an AP physics teacher at Plant High School.

"Their teacher quit on the second day," Lyons said. "She got a great job offer, and I don't begrudge her that at all. I think that's terrific that she can do better than what our district is paying. But the real problem is that replacing that teacher is going to be extremely hard."

Spectrum News reached out to Commissioners Wostal, Ken Hagan, Christine Miller and Donna Cameron Cepeda for comment. All initially voted in favor of delaying the referendum.

They did not respond to requests for comment.