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Judge rules Florida property tax ballot language misleading
Florida tax exemption plan heads to voters
If voters approve, the plan would increase the state’s homestead exemption, lowering property tax bills for primary homeowners.
A Tallahassee judge ruled that the title and summary for a property tax ballot initiative are defective and must be rewritten.
Florida’s Attorney General has 10 days to redraft the language for the proposed constitutional amendment, known as Amendment 3.
The amendment, which would increase the state’s homestead exemption, will remain on the November ballot for voters to decide.
A Tallahassee judge said the title and summary for the November ballot initiative to reduce homeowners’ property tax, originally proposed by Gov. Ron DeSantis, is “clearly and conclusively defective” and ordered it rewritten.
The proposed state constitutional amendment, however, will still be on the ballot; Circuit Judge David Frank made clear he wasn’t asked to do so and had no legal authority to remove it.
As Frank wrote in an Aug. 3 order on three consolidated lawsuits challenging the measure: “Specifically, (the) Constitution and (state law) require this Court to … determine whether the language fairly informs the voter of the chief purpose of the amendment and does not mislead. They fail both prerequisites and must be rewritten.”
Attorney General James Uthmeier now must redraft Amendment 3’s title and summary language. It will need no less than 60% approval from voters statewide to be added to the Florida Constitution.
In his order, which was docketed shortly before 11 p.m., Frank said the title – “Save Our Homes From Excessive Property Taxes” – “is more akin to a political slogan. It is not fair or neutral. It advocates a policy position: to stop excessive property taxes.”
He goes on to cite a laundry list of problems with the summary, in part saying it “sets forth three political taglines – ‘Ensuring funding for core services,’ ‘Protecting small businesses,’ and ‘Ensuring fairness for Florida residents’ – giving reasons why voters should vote for the proposal.
“But the purpose of a ballot summary is to explain what an amendment would do, not to advocate for its adoption,” he added.
Uthmeier has “10 days (to) prepare and submit to the Department of State a revised ballot title or ballot summary that corrects the deficiencies identified by the Court ….” A request for comment is pending with his office.
What does the amendment do?
Among other things, Amendment 3 would increase the state’s homestead exemption from the current $50,000 to $150,000 in 2027 and then to $250,000 in 2028.
In a special legislative session in June, state lawmakers modified the measure from DeSantis before placing it on the ballot, however. Among other things, they:
Carved out school taxes from the higher homestead exemption.
Protected funding for constitutional county officers, such as property appraisers, tax collectors, supervisors of elections, clerks of court.
Lowered the annual assessment cap on non-homesteaded property (including commercial) from 10% to 5%, meaning taxable values on those properties could rise more slowly from year to year.
Got rid of a state trust fund meant to cushion local revenue losses.
Cities and counties have been sounding alarms over the proposal, intended to deliver relief to homeowners even as it likely will force difficult local budget choices. Cities and counties would lose $5 billion in tax revenue next year and almost $12 billion by 2031, according to state economists.
It has sparked three lawsuits, including one spearheaded by two former state lawmakers: Republican Jeff Brandes of St. Petersburg and Democrat Al Lawson of Tallahassee. They all were consolidated for review by Frank.
“This case was never about stopping tax relief. It was about stopping misleading ballot language,” Brandes said in a statement to the USA TODAY Network – Florida. “The ballot box is not a place for political advertising.”
He added: “Voters deserve facts, not slogans. They deserve truth, not marketing … Today wasn’t a victory for plaintiffs. It was a victory for every Floridian who believes the truth still matters.”
Portions of this story were previously reported. Jim Rosica is a member of the USA TODAY Network – Florida Capital Bureau. Reach him at [email protected] and follow him on X.com: @JimRosicaFL.
