TALLAHASSEE — A Tallahassee judge has ruled that Florida’s proposed constitutional amendment to cut property taxes is "clearly and conclusively defective" in its current form, ordering the state Attorney General to rewrite the ballot title and summary before it appears on November ballots. Judge David Frank issued his ruling late Monday night, determining that the language drafted by Governor Ron DeSantis’ office fails to meet state legal standards for clarity and neutrality.
Language Misleading Voters
In a detailed order, Frank stated that the proposed amendment uses phrasing "more akin to a political slogan" rather than providing the clear, neutral information required by law. The judge emphasized that voters are entitled to an accurate ballot statement to make informed decisions. He noted that the current language would deprive Floridians of the opportunity to make a meaningful determination regarding their property taxes.
The ruling aligns with plaintiffs from "Save Our Voters From Misleading Ballot Language," former State Sen. Jeff Brandes, and U.S. Rep. Al Lawson. They argued that the ballot title, "Save Our Homes From Excessive Property Taxes," advocates for a specific policy position designed to elicit an emotional response rather than inform voters objectively.
Specific Deficiencies Identified
Frank’s order highlights several inaccuracies in the proposed summary. The judge criticized subheads such as "ensuring funding for core services" and "protecting small businesses," stating these claims are inaccurate because the amendment could decrease local government revenue used for police and fire protection, while offering no specific protections for small enterprises.
Additionally, Frank noted that the summary discriminates against certain residents. The plan would disadvantage renters who might face higher costs and new Floridians who must wait five years to benefit from a higher homestead exemption after 2026. Brandes argued this waiting period could be unconstitutional under federal law.
Next Steps for the Ballot
The Attorney General has been given ten days to submit revised language that addresses these defects. If plaintiffs find issues with the new draft, they must file a challenge within another ten-day window. The amendment will still appear on the November ballot once corrected.
Lawmakers amended DeSantis’ original plan during a special session to protect school funding taxes. Despite his initial push for major tax cuts, DeSantis has stated he will not campaign for the measure following legislative changes. Brandes remarked that Floridians are now set to receive an honest summary of both pros and cons.
