A Tallahassee circuit court has ruled that the title and summary for a proposed Florida constitutional amendment regarding property taxes are defective and must be rewritten. Circuit Judge David Frank determined on Aug. 3 that the current language fails to fairly inform voters of the measure's chief purpose and is misleading. The state’s Attorney General, James Uthmeier, has been ordered to redraft the ballot title and summary within 10 days.
Legal Findings Defect in Ballot Language
In his order, Judge Frank stated that the current title, “Save Our Homes From Excessive Property Taxes,” is more akin to a political slogan than a neutral description. He noted that it advocates for a specific policy position rather than explaining what the amendment would do. The court further criticized the summary for including three political taglines—“Ensuring funding for core services,” “Protecting small businesses,” and “Ensuring fairness for Florida residents”—which serve to advocate for adoption rather than explain the legal mechanism.
"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," Frank wrote in his Aug. 3 order.
Amendment Details and Local Government Concerns
The proposed measure, known as Amendment 3, would increase Florida's homestead exemption from $50,000 to $150,000 in 2027 and then to $250,000 in 2028. State lawmakers modified the proposal during a special legislative session in June before placing it on the ballot. These modifications included carving out school taxes from the higher exemption, protecting funding for constitutional county officers, lowering the annual assessment cap on non-homesteaded property to 5%, and eliminating a state trust fund meant to cushion local revenue losses.
Local governments have raised alarms regarding the proposal's financial impact. State economists estimate that cities and counties would lose $5 billion in tax revenue next year and nearly $12 billion by 2031 due to the amendment. The measure has sparked three consolidated lawsuits, including one led by former state lawmakers Jeff Brandes and Al Lawson.
Political Reactions and Next Steps
The ballot initiative will remain on the November election for voters to decide, requiring at least 60% approval to be added to the Florida Constitution. Attorney General Uthmeier stated his team is reviewing the ruling and will provide updates soon. Critics of the amendment argue that it shifts costs from homeowners to renters and businesses while eroding public services.
"This case was never about stopping tax relief. It was about stopping misleading ballot language," said Jeff Brandes in a statement. "Voters deserve facts, not slogans."
