Judge Fast-Tracks Challenge To Florida Property Tax Ballot Language

A Leon County judge is moving quickly on a legal battle that could shape what Florida voters find on their ballots this fall, as they weigh in on Gov. Ron DeSantis’ high-profile property tax plan.

Circuit Judge Angela Dempsey has set a July 29 hearing for a lawsuit that challenges the wording of the proposed constitutional amendment. Plaintiffs say the dispute must be settled before counties begin printing ballots for the General Election. They are not asking to remove the amendment entirely, but argue that the title and summary mislead voters and should be revised.

This case, first reported by Jim Saunders of State Affairs Florida, is the latest example of a high-profile constitutional amendment being fast-tracked in Florida courts. In this state, the wording of ballot measures often sparks as much debate as the substance of the proposals themselves.

The lawsuit comes from a group called Save Our Voters From Misleading Ballot Language, joined by former Stuart Mayor Thomas Campenni and former Key Biscayne Mayor Michael Davey. Their complaint: the ballot summary promises to “ensure funding for core services,” but in reality, it would require local governments to spend whatever property tax revenue remains on public safety, schools, infrastructure, and natural resources.

The plaintiffs say the amendment falls short of that promise.

“In fact, by substantially reducing the local property tax base, the Proposed Constitutional Amendment is likely to decrease the revenues available to local governments to fund core services,” the lawsuit states. “The Proposed Constitutional Amendment cannot fairly be described as ‘ensuring funding’ when it does no such thing.”

DeSantis, who has spent the past year pushing for property tax relief, rejects the idea that the ballot language is misleading. He also notes that the tight election timeline leaves little time for drawn-out court battles.

“We need to get a resolution on this pretty quickly because they are going to have to print ballots probably sometime in August for the General Election,” DeSantis said. “So this is not something where the litigation can really drag out.”

Lawmakers passed House Joint Resolution 1F during this month’s Special Session, putting the measure on the ballot. If at least 60% of voters approve, the amendment would raise the nonschool homestead exemption to $150,000 starting Jan. 1, 2027, and then to $250,000 the following year. It would also cut the annual cap on assessment increases for non-homestead property from 10% to 5%.

State analysts estimate the proposal would shrink local property tax collections by almost $5 billion in the 2027-28 fiscal year, with the yearly impact rising to more than $10.7 billion by 2030-31.

DeSantis defends the ballot summary, noting that lawmakers amended state law to allow more explanatory language than the usual 75-word limit. He argues that voters need more context before making their decision.

With absentee ballots expected to move toward production soon after the Aug. 18 Primary, the July hearing could prove pivotal in determining whether Attorney General James Uthmeier must rewrite the ballot language before the amendment reaches voters.