By Romy Ellenbogen
Tampa Bay Times
(TNS)
TALLAHASSEE — The property tax proposal initially pushed by Gov. Ron DeSantis can’t appear on the ballot the way his office wrote it, a Tallahassee judge ruled late Monday night.
Judge David Frank said the proposed constitutional amendment uses language “more akin to a political slogan” rather than being clear and neutral, which state law requires.
Frank’s ruling keeps the proposal to raise the homestead exemption up to $250,000 for Florida property owners on the ballot, but compels Attorney General James Uthmeier to rewrite parts of the plan.
His order hits at a long list of statements he said were misleading or inaccurate, ordering a rewrite that will look substantively different on the ballot than what lawmakers passed in June.
“In summary, voters are entitled to a fair, clear, accurate and non-misleading ballot statement to assist them in making their critical determination,” Frank wrote in his order.
“The present ballot language would deprive the voters of the opportunity to make a meaningful decision,” he said.
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The amendment will appear on the November ballot. Elections offices can start printing ballots in late August.
A spokesperson for the Department of State declined to comment on whether or not the state would appeal.
A spokesperson for the attorney general’s office did not immediately return a request for comment. Under Frank’s order, Uthmeier has 10 days to submit the revised language.
If plaintiffs take issue with Uthmeier’s re-write, a challenge must be submitted to Frank within 10 days.
Frank said that the title of the amendment, “Save Our Homes From Excessive Property Taxes,” advocates for a policy position and is designed to elicit an emotional response from voters.
His ruling aligned with the plaintiffs who argued the ballot language is misleading. That includes the group Save Our Voters From Misleading Ballot Language and former lawmakers Sen. Jeff Brandes, a St. Petersburg Republican, and U.S. Rep. Al Lawson, a Democrat.
Frank’s ruling also takes issue with the ballot summary. The summary opens by saying the amendment “benefits Florida taxpayers.”
It then lists out what Frank said were “political taglines,” including “ensuring funding for core services,” “protecting small businesses” and “ensuring fairness for Florida residents.”
Frank said those summary subheads are inaccurate. The amendment language would likely decrease local governments’ revenue to would fund core services like police and fire, he wrote.
The amendment offers no specific protection for small business. And while the summary promises “fairness for Florida residents,” the amendment itself discriminates against certain Floridians, Frank wrote, including renters who could pay more under the plan.
The plan also discriminates against Floridians who become residents after 2026, Frank wrote.
DeSantis’ plan would force new residents to wait five years before benefitting from the higher homestead exemption. Opponents, including Brandes, have said that plan could be unconstitutional.
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In his suggested rewrite for that section, Frank suggests telling voters that promise is possible “to the extent permitted by the U.S. Constitution.”
Other components Frank directed the state to correct include the ballot summary’s promise of a “full elimination” of non-school property taxes. That doesn’t mirror language in the amendment, Frank said.
He also said the summary’s suggestion that the $250,000 exemption will take place on January 2027 is misleading and should be clarified. In 2027, if voters approve the amendment, the exemption will be raised to $150,000, which the ballot summary doesn’t mention. The $250,000 exemption will take effect in 2028.
DeSantis’ office drafted the proposal lawmakers took up during a special legislative session focused on the property tax proposal. Lawmakers quickly amended the plan to protect property taxes that go toward schools.
For more than a year, DeSantis had made passing major property tax cuts his main political push. But since the Legislature made changes to his plan, DeSantis has said he won’t campaign for the amendment.
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Brandes said it seemed like “at every turn the Legislature chose to use advocacy language.”
“The big winners here are the people of Florida, who will now get an honest summary of both the pros and the cons of this amendment,” Brandes said.
Photo credit: Governor Ron DeSantis/Facebook
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©2026 Tampa Bay Times. Visit tampabay.com. Distributed by Tribune Content Agency LLC.
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Tags: ballot measures, Florida, property tax, property taxes, Taxes
