Lawsuit Challenges ‘Biased’ Language in Florida Property Tax Amendment
A nonprofit group challenges the ballot language for Florida’s property tax amendment as “unconstitutionally biased,” seeking to force state officials to rewrite it before November.
TALLAHASSEE, FLORIDA — A nonprofit organization has filed a lawsuit seeking to force state officials to rewrite the ballot language for a constitutional amendment aimed at reducing homestead property taxes, arguing the current wording is “unconstitutionally biased, misleading and inaccurate.”
Save Our Voters, a not-for-profit social welfare group, along with two South Florida residents, filed the lawsuit Thursday in the Second Judicial Circuit in Leon County. The action requests the court direct Florida Attorney General James Uthmeier to redraft the language before voters see the measure in November.
The challenge comes just one week after the Florida Legislature approved placing the constitutional amendment on the statewide ballot. The measure would increase the homestead exemption for non-school ad valorem taxes from $50,000 to $150,000 in 2027 and up to $250,000 by 2028. The amendment requires 60% public support to become state law.
Objections to Ballot Title and Summary
The lawsuit takes specific aim at the ballot summary language voters will see, which carries the title “SAVE OUR HOMES FROM EXCESSIVE PROPERTY TAXES.” Attorney Jamie Cole of Broward County, who is representing the plaintiffs, argues this language crosses the line from neutral description to advocacy.
“That is not a neutral description of the amendment’s chief purpose, it is a campaign statement,” the lawsuit alleges. “The ballot summary does not merely describe the Proposed Constitutional Amendment — it endorses it. The ballot summary expressly tells voters that the amendment ‘benefits Florida taxpayers.'”
The suit continues its criticism of the ballot language, stating: “Whether the amendment benefits taxpayers is the central policy question voters are being asked to decide. The ballot summary then sets forth three political taglines – ‘ensuring funding for core services,’ ‘protecting small businesses’ and ‘ensuring fairness for Florida residents’ — giving reasons why voters should vote for the amendment.”
Attorney’s Previous Success
Cole brings significant experience to the case, having successfully challenged a property tax proposal constitutional amendment that the Legislature had originally placed on the ballot in 2007. That previous victory demonstrates the potential for legal challenges to alter or remove ballot measures based on language concerns.
The current lawsuit does not address the policy merits of the proposed property tax changes themselves, focusing exclusively on whether the ballot language meets constitutional requirements for neutrality and accuracy.
Legislative Action and Timeline
The Florida Legislature’s approval of the ballot measure last week represented a key step in the amendment process. The measure specifically targets non-school ad valorem taxes, which would provide property tax relief while maintaining funding streams for educational purposes.
Under the proposed timeline, if voters approve the amendment in November, homeowners would see the first increase in their homestead exemption take effect in 2027, with the full exemption amount reached by 2028.
The lawsuit now puts the amendment’s placement on the November ballot in question, pending the court’s decision on whether the current ballot language meets constitutional standards for neutrality and clarity.
