A lawsuit challenging the proposed property tax exemption ballot language in Florida was filed against Florida Secretary of State Cord Byrd and Attorney General James Uthmeier.
The complaint, filed by the nonprofit Save Our Voters from Misleading Ballot Language and former South Florida mayors Thomas F. Campenni (former mayor of Stuart) and Michael W. Davey (former Key Biscayne mayor), alleges that the current language, which Floridians will vote on in November, is “unconstitutionally biased, misleading and improper.”
Earlier this month, the Florida Legislature voted to send the proposed constitutional amendment to voters. The amendment, called “Save Our Homes from Excessive Property Taxes” would raise the $50,000 homestead exemption on primary residences to $150,000 in 2027 and $250,000 in 2028. It would require 60 percent approval from voters to become law.
The name of the proposed amendment is similar to “Save Our Homes,” an unrelated cap on the increase of annual assessed values of homes. The lawsuit alleges that this title is “neither fair nor neutral, but instead is more akin to a campaign slogan.”
Jamie Cole of Weiss Serota Helfman Cole + Bierman, who is representing the plaintiffs, said the ballot language endorses the amendment instead of describing it.
The ballot summary states that the amendment will benefit Florida taxpayers, and that it will ensure funding for core services, protect small businesses and ensure fairness for Floridians. Cole said nothing in the amendment would ensure funding of core services, and small businesses, which he said could be burdened with additional taxes, aren’t even mentioned in the proposed amendment.
“The purpose of a ballot summary is to explain what an amendment does, not to advocate for its adoption,” the complaint states.
The lawsuit also alleges that the proposed amendment would exempt the first $250,000 of a homestead’s value from taxation, but if voters approve the measure, it would only exempt the first $150,000 of value for the first year following adoption.
Cole, who successfully challenged a similar 2007 ballot measure, said state law allows the attorney general 10 days to rewrite a ballot measure if required by the court. The complaint seeks an order directing Uthmeier to rewrite the ballot statement in a manner that’s “neutral, objective and accurate.”
Under the proposal, annual assessment increases on non-homesteaded property would be capped at 10 percent, up from the current cap of 5 percent.
Starting in 2028, the homestead exemption would be increased based on the consumer price index, and anyone who establishes or re-establishes Florida residency after 2026 would be banned from receiving the tax benefit for five years.
Local governments, firefighters, police departments and other public services have warned of major cuts if the amendment passes. Critics also say the measure could worsen affordability.
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