OSCEOLA COUNTY, Fla. — An Osceola County judge who heard arguments about a proposed sales tax on Friday said, “There is no emergency here.”

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The lawsuit states the measure before thousands of voters this election cycle is misleading.

But on Friday, a judge ruled that voters can decide if a sales tax should be renewed just days before the polls close.

READ: Osceola County sales tax referendum could be tossed out depending on new lawsuit

State Rep. Anthony Sabatini said the sales tax on the ballot should not be legal because the language is ambiguous.

His argument, according to the lawsuit, states that the language is “not clear because the ballot description states that it proposes a one-cent surtax when, in fact, the proposal is for a sales tax increase at the rate of one percent.” Sabatini asked for an emergency injunction.

READ: Orange County sales tax hike campaigns stare down final stretch

Voters will decided on the surtax that has been in place for years, bringing in millions that is split between the school district, county and the cities of Kissimmee and St. Cloud. The money would be used for public projects like schools, parks and roadways.

The county’s attorney argued that Sabatini and his client knew for months this was on the ballot, and waited until the 11th hour to file the suit, and there was little time to prepare.

READ: Data shows the Florida gas tax holiday didn’t deliver, but prices are still rising anyway

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