Gov. Ron DeSantis’ push to kill property taxes for most Floridians is in the hot seat after a group went to court, alleging the ballot title and language could dupe voters.
A Leon County Circuit Court judge heard arguments Wednesday from three groups, including former local government elected officials and a former Republican legislator, who argued the title and ballot summary approved by the GOP-led Legislature in June use “emotional and political rhetoric” designed to sway voters, News Service of Florida reported.
The suits were brought by the nonprofit Save Our Voters From Misleading Ballot Language, former Stuart Mayor Thomas Campenni and former Key Biscayne Mayor Michael Davey; former South Miami Mayor Philip Stoddard; and former Republican state Sen. Jeff Brandes and former Democratic U.S. Rep. Al Lawson Jr.
The proposed state constitutional amendment would raise Florida’s homestead exemption from $50,000 to $150,000 in 2027 and $250,000 in 2028, though the higher exemption would not apply to school taxes. It also would reduce the annual assessment cap on non-homesteaded properties from 10 percent to 5 percent. Homeowners would need to reside in Florida for at least five years to qualify for the tax break.
Attorney Jamie Cole, representing the challengers, argued the amendment’s title — “Save Our Homes from Excessive Property Taxes” — improperly advocates for the measure instead of neutrally describing it.
Cole referenced a Florida Supreme Court opinion from the 1990s that said the “Save Our Everglades” amendment was misleading because “it implies that the Everglades is lost, or in danger of being lost, to the citizens of our State, and needs to be ‘saved’ via the proposed amendment.”
Benjamin Gibson, an attorney representing the state, argued the title accurately describes excessive property taxes as a threat to homeowners, and said the ballot summary doesn’t have to spell out every potential consequence of the amendment. He pushed back on claims that the measure would effectively give the legislature veto power over local property tax spending, arguing that it only limits spending to priorities such as infrastructure, education, public safety and other essential government services.
The proposal derives from DeSantis’ yearlong push to reduce property taxes, though he criticized lawmakers for exempting school taxes from the larger homestead exemption before sending the measure to voters. DeSantis has said he’ll vote for the amendment but won’t campaign for it.
Local government officials have lined up against the proposal, warning it could blow holes in municipal and county budgets if it wins the required 60 percent voter approval.
Judge David Frank did not immediately rule after the roughly two-hour hearing. If he finds the ballot language legally defective, Attorney General James Uthmeier would have 10 days to revise it — leaving a tight timeline before counties begin printing ballots in late August and early September ahead of the Sept. 24 to Oct. 1 vote-by-mail mailing window.
DeSantis cautioned opponents that their legal challenge could actually strengthen the amendment because if a court finds flaws in the ballot language, Uthmeier would have the opportunity to rewrite it.
The governor framed the proposal as a way to ease the tax burden on working Floridians while shifting it to wealthy seasonal residents with multimillion-dollar homes in enclaves like Palm Beach.
The initiative comes as more than a dozen states explore nixing or sharply curbing property taxes amid mounting frustration over rising housing costs and inflation.
Property taxes are among the largest funding sources for local governments. If eliminated, it is expected to leave a $55 billion funding gap for public services.
—Eman Elshahawy
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