The state isn’t appealing a judge’s ruling that the title and summary for the November ballot initiative to reduce homeowners’ property tax is “clearly and conclusively defective,” Florida Gov. Ron DeSantis suggested in remarks Aug. 6.
That means Attorney General James Uthmeier now must redraft the title and summary language for Amendment 3, which will need no less than 60% approval from voters statewide to be added to the Florida Constitution.
DeSantis, appearing at an education-related event in Lehigh Acres, said he’s already read some of the rewrites coming out of Uthmeier’s office. The governor had originally pushed the idea and called the special summer legislative session in which state lawmakers passed their version of DeSantis’ amendment.
They’re “great drafts; it’s going to be very good,” DeSantis said. “It’s going to be very clear for voters what’s on there. It addresses what the judge said, even though we don’t necessarily agree with the legal analysis, it’s fine. It’s going to be a very good summary, very straightforward.”
The ballot question provides for an increase of the state’s homestead exemption from the current $50,000 to $150,000 in 2027 and then to $250,000 in 2028.
“People are going to know you’re going to get tax relief. You’re going to get increased homestead exemption if you’re for it,” he added. “So that’s going to happen. That will, of course, be on the ballot. It’ll just be with a little bit different summary than what the legislature passed.”
A request for comment is pending with Uthmeier’s spokesman in Tallahassee.
Earlier in the week, Tallahassee-based Circuit Judge David Frank released an order in a consolidation of lawsuit challenging the amendment’s title and summary.
Frank found several fatal flaws, including that 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.”
Also, he said the summary “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.”
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 ….” Frank wrote.
At the same time, the initiative faces mounting concerns or outright opposition from firefighting and law enforcement organizations, as well as cities and counties, who warn it could drain local budgets and jeopardize funding for police, fire, emergency medical services and other community programs.
DeSantis also clarified what some perceived as lukewarm support for the amendment after the Legislature changed what he wanted, including carving out school taxes from the higher homestead exemption and deleting a provision for a state trust fund to cushion local revenue losses.
“I said when the Legislature put on the ballot, that was not the proposal that I had submitted,” he said. “… But they did put on the ballot something that will represent the biggest tax relief in the modern history of Florida … I said from the beginning, I’ll vote for it. I’m enthusiastic about voting for it.”
He went on: “Now I was asked, are you going to lead a political committee and all this? And I said, no, if it was my thing, I would have felt an obligation to do it … but I’m still for it and I’m going to let people know I’m for it.”
It’s a shift from 2024, when the governor used millions of dollars in public funds to fight proposed amendments that would have ensured abortion access and allowed adult-use marijuana. Both failed at the ballot box. A new law now prohibits spending public money to advocate for or against constitutional amendments in Florida.
Portions of this story were previously reported. Jim Rosica is a member of the USA TODAY Network – Florida Capital Bureau. Reach him at jrosica@tallahassee.com and follow him on X.com: @JimRosicaFL
DeSantis says new tax amendment ballot summary fixes judge's concerns – Tallahassee Democrat
