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BONITA SPRINGS — A proposal that would swap property tax cuts for increases in other taxes is off the ballot for now.

Circuit Judge John C. Cooper ruled Thursday that the proposal’s ballot summary is misleading, but his decision will be appealed.

Amendment 5 would reduce property taxes about 25 percent by eliminating a portion that goes to schools. The Legislature would be required to replace that money, expected to be at least $9 billion a year.

Possible replacement sources include raising the sales tax, eliminating sales tax exemptions and cutting other spending.

The Florida School Boards Association is among the amendment’s opponents. While Lee County School Board Chairwoman Jeanne Dozier was president of the association, she voiced opposition to the amendment. She said Thursday that Cooper’s decision was a good one.

“That is a victory for the people,” Dozier said. “What really concerns me tremendously about Amendment 5 is that it’s nothing more than a tax swap. In the end, the people are going to pay the taxes and this tax swap is going to affect the people that will be unable to afford it. There is no plan in place to tell how, in fact, they will make up that difference. I like to know ahead of time what I’m voting for.”

Cooper agreed with opponents, including a wide range of business and education groups, that the ballot summary is defective because it fails to say the replacement requirement would be in effect only for the 2010-11 budget year. After that, lawmakers could cut school spending.

“The impression given to the voters is that this is a guarantee that the eliminated local taxes will be permanently replaced by new state revenue,” Cooper wrote. “The proposed amendment does not do this.”

Cooper also found the title and summary could fool voters into thinking the amendment is limited to school taxes and financing although other parts would affect the state sales tax and property taxes levied by cities, counties and other local governments.

The Taxation and Budget Reform Commission, which meets every 20 years, placed the amendment on the ballot.

Education and many business interests are against the proposed state constitutional amendment. It has drawn support from Gov. Charlie Crist, real estate brokers and Lee County School Board member Bob Chilmonik, who supports it as a economic stimulus.

Crist said the state would appeal Cooper’s decision on the proposed state constitutional amendment.

“I was disappointed but not dismayed,” Crist said. “What really matters is the last opinion.”

If property taxes are lowered, Chilmonik says, then home sales and new residential construction will go up. He also noted that homeowners can spend the money they save on taxes however they want. Both results will improve Florida’s economy, he said.

“I’m a little disappointed. I think it’s a good, solid amendment to bring tax reform to the state to really put up some solid answers for funding for our schools on the consumption side,” said Chilmonik, adding that he was looking forward to the results of the appeal.

Opponents say new taxes would do more harm to the economy than any benefit obtained from the tax cut. They also questioned the Legislature’s commitment to replacing the lost school dollars.

“Florida voters want property tax relief, not a tax increase,” said Jennifer Green, spokeswoman for the Coalition to Protect Florida’s Economy, an umbrella group for opponents. “Voting for Amendment 5 would be like buying a new shirt on sale for $20 and then being told you owe $50 more for the bag to take it home in.”

The case will go to the 1st District Court of Appeal for what likely will be a brief stop.

The appellate court Wednesday declined to rule on two other challenged tax commission amendments and sent them directly to the Florida Supreme Court.

Amendments 7 and 9 would undo court rulings against former Gov. Jeb Bush’s school voucher program, which let students from failing public schools attend private schools. Cooper previously refused to remove those proposals from the ballot.

The Associated Press contributed to this story.