A Tallahassee judge has ruled that the proposed constitutional amendment regarding Florida's property taxes is "clearly and conclusively defective," forcing state officials to rewrite its description before it can appear on November ballots. Judge David Frank determined late Monday night that the language drafted by Governor Ron DeSantis’s office reads more like a political slogan than a neutral summary, violating state laws designed to ensure voters receive fair information.
Language Misleading Voters
In his ruling, Judge Frank emphasized that citizens are entitled to clear and non-misleading ballot statements to make critical decisions. He noted that the current title, "Save Our Homes From Excessive Property Taxes," advocates for a specific policy position rather than neutrally describing the measure. The judge also criticized the summary's opening claim that the amendment benefits Florida taxpayers, labeling several subheads as inaccurate political taglines.
Impact on Local Services and Residents
The court’s decision highlights significant concerns regarding how the tax cut would affect local government revenue and specific demographics. Judge Frank pointed out that while the summary promises funding for core services like police and fire departments, the amendment itself could decrease these revenues. Furthermore, he noted a lack of protection for small businesses in the text.
Additionally, the ruling addresses discrimination against certain Floridians. The plan discriminates against renters who may face higher costs and new residents moving to Florida after 2026, who would be forced to wait five years before benefiting from the homestead exemption increase. Judge Frank suggested clarifying that promises of fairness are only possible "to the extent permitted by the U.S. Constitution." He also corrected misleading claims about a full elimination of non-school property taxes and clarified that the $250,000 exemption would not take effect until 2028, with an interim step to $150,000 in January 2027.
Next Steps for November Ballot
The amendment will still appear on the November ballot, but Elections offices must wait for a revised summary. Attorney General James Uthmeier has been ordered to submit new language within ten days. If plaintiffs disagree with the rewrite, they have another ten days to challenge it before Judge Frank.
Former lawmakers Sen. Jeff Brandes and Rep. Al Lawson supported the ruling, arguing that legislative changes had introduced advocacy language throughout the process. With elections offices able to begin printing ballots in late August, this judicial intervention ensures Floridians will receive a more accurate summary of both pros and cons before casting their votes.
