Toned-down Amendment 3 ballot language ready for another judicial review

Florida Attorney General James Uthmeier has submitted for judicial review a rewritten version of the title and ballot summary for Amendment 3.

Circuit Judge David Frank in  Leon County ordered the AG’s office to rewrite the far-reaching property tax amendment’s ballot language after ruling the original title, “Save our Homes from Excessive Property Taxes,” was “akin to a political slogan” in violation of state law.

Under a 2011 law, the office had 10 days from the ruling, or until Aug. 14 — Friday — to submit new language for the judge to review. 

Former State Sen. Jeff Brandes, one of the named plaintiffs in the legal challenge, seemed satisfied with the new language submitted by Uthmeier.

“Finally, the practicing attorneys took control of the language. The text is honest about what the amendment does,” Brandes said in a text to the Phoenix. “I hope Florida voters will dig deeper, ask hard questions, and understand the consequences before they decide the outcome.”

If passed, Amendment 3 would constitute one of the most significant changes to property taxes in the state in more than a generation. Its projected financial impact could reach up to $12 billion annually beginning in 2031.

The new title and ballot summary language come days before the Aug. 18 primaries, after which the local supervisors of elections will start preparing ballots for the general election.

In the new version, the title “Save our Homes from Excessive Property Taxes” has been replaced by, “Increased Homestead exemption; Lower Cap on Increases in Non Homestead Property Assessment.”

The ballot summary would now make clear the measure would increase the homestead exemption for all non-school taxes to $150,000 in 2027 and $250,000 in 2028 and adjust for inflation thereafter.

The amendment reduces the annual cap on assessment increases for non-homestead properties from 10% to 5%.

The summary makes clear the Legislature would write a law laying out a “uniform procedure” for counties and municipalities (and special districts, subject to referendum approval) to follow that would “increase the homestead exemption to the full assessed property value.”

The new ballot summary also makes clear counties and cities would be required to use property taxes solely for public safety, education and schools, infrastructure, natural resources, bond debt service, retirement benefits for employees, and operations and administration.

With a projected $12 billion annual loss in revenue, those interests will compete for a smaller amount of available revenue, which is why the amendment has drawn opposition from groups representing law enforcement, local government officials from both political parties, as well as the Florida Democratic Party.

And while Gov. Ron DeSantis says he supports Amendment 3, he isn’t investing his political energy into helping get it passed because, he says, it wasn’t his original plan. His proposal would included school taxes in the cuts, which was a step too far for the Florida Legislature.

Edie Ausley, a spokesperson for the “Vote No on 3” campaign, issued a statement saying Frank’s ruling along with the the new language “confirm what we’ve long known — this amendment is a wolf in sheep’s clothing.”

She said the Amendment is not tax relief but a tax shift.

“The proposal doesn’t eliminate the cost of local services — it shifts more of the burden onto renters, businesses, and other property owners while leaving communities to make up the difference.”

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