FORT LAUDERDALE, FLA. (WSVN) - An amendment about property taxes set to appear on voter’s November ballot is getting a rewrite after a judge ruled that the wording is misleading.
According to Florida law, an amendment on a ballot must be clear, neutral, and unambiguous.
However, a group of lawmakers raised concerns about the language for Florida Amendment Three which proposes increasing homestead exemptions.
On Tuesday, Judge David Frank ordered Florida to rewrite the language of the amendment, saying that it was not neutral and designed to get an emotional response.
Starting at the top of the amendment, Frank took issue with its title saying it appears to advocate for a political position rather than staying impartial.
“The ballot title is: ‘Save Our Homes From Excessive Property Taxes.’ The title is more akin to a political slogan.”
Frank then said that the amendment’s summary, which reads in part “ensuring funding for core services…for Florida residents…” gives a reason for Florida voters to agree with the bill’s proposal rather than giving them a neutral reading of what it would do.
“The purpose of a ballot summary is to explain what the amendment would do, not advocate for its adoption.”
Frank also said that the bill misleadingly suggests that the exemption would start at $250,000, “when, in fact, it would only exempt the first $150,000 of value in the first year,” and said that approval is ultimately is “the exclusive domain of the voters.”
Furthermore, he stated that the ballot demands fairness and accuracy, and that the version is currently “clearly and conclusively defective.”
While his ruling keeps the proposal on the ballot, it compels Florida Attorney General James Uthmeier to rewrite parts of the proposal.
The proposal was added to the ballot by the state legislature earlier this summer. If passed, it would raise the homestead exemption to $150,000 in 2027, and $250,000 in 2028, with a schedule for full elimination. By removing some taxes, it would cut billions of dollars that currently funds local government.
Since the proposal was added to the ballot, some law enforcement groups have raised concerns.
The Florida Sheriff’s Association said that the change would, “potentially allow Tallahassee to control your local budgets, create longer law enforcement response times, limits communities’ abilities to provide road repair and stormwater removal.”
“If I’m cutting taxes, how am I going to get out there and keep my community safe?” said Marion County Sheriff’s Office Sheriff Billy Woods
“There’s no greater tragedy than knowing that you could have saved a life when the resources weren’t available, and we didn’t get there fast enough,” said Michael Tucker from the Florida Fire Chiefs Association.
But proponents argue that the money is not the municipalities’ money, but the taxpayer’s.
“It’s not the municipality’s money, its the taxpayer’s money. They get to choose,” said Florida State Rep. Tom Fabricio.
Uthmeier has 10 days to rewrite the bill and send it back to the court for approval.
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