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Revisions followed lawsuit challenging November referendum
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Florida’s proposed property tax amendment got a rewrite after a judge ruled that the original ballot language was misleading.
Tallahassee Judge David Frank ordered Florida Attorney General James Uthmeier to revise several parts of the amendment, which he ruled earlier this month were “more akin to a political slogan,” the Tampa Bay Times reported.
State law requires constitutional amendments to use clear, neutral language. The new referendum replaces phrases like “protecting small businesses” and “ensuring fairness for Florida residents” with language suggested by the judge’s order, the outlet said.
It also changes the title from “Save Our Homes From Excessive Property Taxes” to “Increased Homestead Exemption; Lower Cap on Increases in Non-Homesteaded Property Assessments” and removes language claiming the amendment would lead to a “full elimination” of property taxes, according to the revisions Uthmeier’s office shared with the publication.
The referendum, which will appear on the ballot in November, requires approval from at least 60 percent of Florida voters. If passed, the amendment would increase Florida’s homestead exemption to $150,000 in 2027 and $250,000 in 2028, with additional increases for inflation, the newspaper said.
Florida officials sued Uthmeier and Florida Secretary of State Cord Byrd in June, challenging the original ballot language and arguing the ballot summary was “unconstitutionally biased, misleading and improper,” The Real Deal previously reported. They asked for the summary to be rewritten.
Part of the tax proposal stipulates that new Florida residents must wait five years before qualifying for the homestead tax exemption. Only current Florida residents and those who move to the state by the end of this year would benefit from the exemption immediately. In June, the Miami Herald poked holes in the constitutionality of that provision, citing a similar five-year waiting period that the Florida Supreme Court struck down 40 years ago.
The rewritten amendment would say people who are not Florida residents by the end of this year will get the higher homestead exemption on their fifth year “to the extent permitted by the U.S. Constitution,” according to the Tampa Bay Times.
In a statement to the newspaper, Uthmeier said the amendment “could certainly have been rolled out with greater transparency and the meaningful involvement of key stakeholders.”
Gov. Ron DeSantis’ office wrote the original version of the property tax proposal, but lawmakers changed it to protect school property taxes, the newspaper said. DeSantis said he won’t campaign for the amendment, but he will vote for it.
—Grace McClung
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Florida AG rewrites property tax ballot language after judge’s ruling – The Real Deal
