The ballot language for the proposed constitutional amendment that could dramatically reduce the property tax burden on Floridians’ primary homes is biased, misleading and unfit to go on the ballot, a Leon County judge ruled in a court order issued late Monday night.
Circuit Judge David Frank found that the title and summary of the ballot measure passed by state lawmakers during a whirlwind special session – and christened “Save Our Homes From Excessive Property Taxes” – is “clearly and conclusively defective.”
Frank wrote that the language of the proposed ballot measure known as Amendment 3 was riddled with “political rhetoric,” “emotional” appeals and “factually inaccurate” statements, and that the title was “more akin to a political slogan” than the “fair and neutral” policy proposal that voters are owed under the constitution.
“To be clear, plaintiffs are not asking this Court to strike the proposed amendment from the ballot. That is not an option. The authority of the Court in this instance is expressly circumscribed,” Frank wrote.
“Deciding whether the proposed amendment is a good idea or not is the exclusive domain of the voters. The ballot title and summary simply must pass muster under longstanding Florida law that demands fairness and accuracy in its description before placement on the ballot,” he added.
In his ruling, Frank singled out what he said was the measure’s failure to communicate to voters a “major” proposed change in the function of government – the amendment’s language purporting to “change the constitutional baseline of city and county power” by enshrining in the constitution “for the first time the Legislature’s right to control ad valorem tax spending.”
Under a process outlined in state law, the ballot proposal now goes to Florida Attorney General James Uthmeier, who has 10 days to rewrite the language of the measure, which critics fear could blow a hole in the budgets of local governments – and fundamentally change the flow of power in the Sunshine State.
Attorneys for the coalition of voter advocates and former elected officials who brought the lawsuit will then have the opportunity to review and challenge the language. After that, subject to further judicial review, it could go before the voters in November. Supervisors of elections face a Sept. 19 deadline to send those ballots to military and overseas voters, leaving little room for a protracted legal challenge.
Attorneys for the state have dismissed the arguments in the lawsuit filed by former Republican state Sen. Jeff Brandes, former Democratic Congressman Al Lawson, the group Save Our Voters From Misleading Ballot Language, and two former South Florida mayors.
A spokesperson for Gov. Ron DeSantis – who for a year has been leading the charge to do away with property taxes – did not immediately respond to a request for comment. DeSantis has distanced himself from the measure after state lawmakers amended the language he proposed. Requests for comment were also left with representatives for Attorney General Uthmeier and Secretary of State Cord Byrd, whose spokesperson said the department does not comment on pending litigation.
Brandes – who has become arguably the most prominent critic of the proposal within the GOP – said the ruling was a win for “every Florida voter.”
“Today, the court drew a line. The ballot box is not a place for political advertising,” Brandes wrote in a social media post.
“This case was never about whether property taxes should be lower. It was about whether the government can MARKET a constitutional amendment instead of HONESTLY explaining it to voters,” he added.
If approved by 60% of the voters in November, the one-size-fits-all proposal would increase Florida’s current $50,000 exemption for taxing primary homes – known as homestead properties – to $150,000 in 2027 and $250,000 in 2028, regardless of household income, age of the homeowners, or the median property value in a given locality. This would eliminate property taxes entirely for homes valued below that threshold, except for school-related taxes, which were carved out of the proposal.
With no alternative funding mechanism offered, local officials say the cuts could force them to drastically reduce core services, including police and fire protection, or increase special assessments, and fees to cover the difference – or compel them to turn to the Legislature to beg for funds to keep their communities afloat, leaving local control over spending priorities even more vulnerable to the political whims of Tallahassee.
In some of the state’s smallest municipalities, it’s an open question among some residents whether their towns can survive the sweeping reduction in property tax revenues, which for centuries have served as a cornerstone of local government funding. More than 100 cities across the state would see at least 90% of their homesteaded taxable value taken off the tax rolls, because so many of their properties are assessed at less than $250,000, according to an analysis by the Florida League of Cities.
“The debate over property taxes will continue, as it should,” Brandes said. “But from this point forward, that debate should be based on an honest description of what’s actually in the amendment.”
Kate Payne is The Tributary’s state government reporter. She’s spent her career in nonprofit newsrooms in Florida and Iowa and her reporting has run the gamut, from interviewing presidential candidates on the campaign trail to middle schoolers in the lunch line. Kate has won awards for her political reporting, sound editing and feature writing and was named 2024 journalist of the year by the Florida chapter of the Society of Professional Journalists. Kate’s previous newsrooms include the Associated Press and WLRN Public Media in Miami. Her stories and photographs have been published by The New York Times, The Washington Post, The Christian Science Monitor, NPR and PBS, and her reporting on the death penalty has been cited in a filing in the U.S. Supreme Court. She can be reached at kate.payne@floridatrib.org. The Tributary is a nonprofit newsroom producing high-impact government accountability and investigative journalism in the public interest. Based in Jacksonville, the Florida Trib's mission is to shine a light on systemic problems and solutions, hold those in power accountable, and focus on under covered topics through collaboration with other news organizations and the community.
