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James Uthmeier at Cuban Club in Ybor City, Florida on April 17, 2026. Credit: Dave Decker \/ Creative Loafing Tampa Bay<\/p>\nJames Uthmeier at Cuban Club in Ybor City, Florida on April 17, 2026. Credit: Dave Decker \/ Creative Loafing Tampa Bay<\/p>\n
A Florida circuit court judge has ordered Attorney General James Uthmeier to rewrite significant portions of the ballot and summary title of Amendment 3, ruling the words \u201cSave our Homes from Excessive Property Taxes\u201d are \u201cakin to a political slogan\u201d in violation of state law.<\/p>\n
\u201cSimply put, the proposed ballot title does not state the basic legal purpose of the amendment; it endorses it and diverts voters from its actual effect,\u201d Judge David Frank wrote in an 18-page ruling that affirmed the plaintiffs\u2019 complaints about the proposal.<\/p>\n
Frank found that Amendment 3\u2019s ballot summary language \u2014 telling voters the amendment \u201cbenefits\u201d taxpayers by \u201censuring funding for core services,\u201d \u201cprotecting small businesses,\u201d and \u201censuring fairness for Florida residents\u201d \u2014 is misleading, in violation of basic legal requirements.<\/p>\n
\u201cWhether the amendment would \u201cbenefit\u201d taxpayers is the central policy question voters are being asked to decide,\u201d Frank wrote.<\/p>\n
\u2018The court drew a line\u2019<\/p>\n
Former Republican state Sen. Jeff Brandes, one of the named plaintiffs, called the ruling a victory for Florida voters.<\/p>\n
\u201cToday, the court drew a line. The ballot box is not a place for political advertising,\u201d he said in a text to the Phoenix. \u201cThis case was never about whether property taxes should be lower. It was about whether government can market a constitutional amendment instead of honestly explaining it to voters. The court said \u2018no.\u2019\u201d<\/p>\n
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 would reach up to $12 billion annually beginning in 2031. It has drawn widespread opposition from groups that represent firefighters, sheriffs, and police.<\/p>\n
Brandes and other former state and local officials filed lawsuits challenging the wording of Amendment 3. The measure cannot be knocked off the ballot but state law allows for the summary to be rewritten.<\/p>\n
The lawsuits named Uthmeier and Secretary of State Cord Byrd. Frank consolidated the cases and heard oral arguments in the challenge last week.<\/p>\n
It\u2019s not clear they will comply with the order or appeal.<\/p>\n
Department of State spokesperson Gretl Plessinger said the department doesn\u2019t comment on pending litigation. Meanwhile, Uthmeier\u2019s office didn\u2019t immediately respond to a request for comment.<\/p>\n
If there\u2019s no appeal, Uthmeier has until Aug. 14 to make the necessary corrections. That\u2019s four days before the Aug. 18 primary, after which election supervisors around the state will start assembling the November ballots.<\/p>\n
Frank\u2019s ruling also rapped the ballot summary language as deficient for the lack of information provided to voters.<\/p>\n
It \u201cdefectively omits at least one material fact. The amendment purports to change the constitutional baseline of city and county power by placing in the Constitution for the first time the Legislature\u2019s right to control ad valorem tax spending,\u201d he wrote.<\/p>\n
The ruling was quickly praised by those who oppose Amendment 3.<\/p>\n
\u201cThe people of our state need real relief from Florida\u2019s affordability crisis, but Amendment 3 is a handout to the owners of multimillion-dollar homes while working families and seniors are left to pay more through other taxes or face major cuts to local services we all rely on,\u201d Jackson Peel, with the group Save our Services No on Amendment 3, said in a prepared statement.<\/p>\n
\u2018Monumental cost shift\u2019<\/p>\n
The Florida Policy Institute also released a statement.<\/p>\n
\u201cToday\u2019s ruling affirms our stated concerns since the idea of property tax elimination was first floated by Gov. DeSantis in February 2025: that presenting this as a \u2018savings\u2019 for Floridians fundamentally misrepresents the true consequences of this amendment,\u201d the institute said.<\/p>\n
\u201cEliminating homestead property taxes would be a monumental cost shift. It would result in reduced or eliminated public services \u2014 longer emergency response times, rural hospitals shuttered, libraries closing, and more expensive childcare and summer camps, to name just a few ways Amendment 3 would erode Floridians\u2019 quality of life and make Florida more unaffordable. Floridians deserve accurate information on what is at stake and we urge Attorney General Uthmeier to respond to the judge\u2019s order and strip out the extreme bias in Amendment 3\u2019s ballot language.\u201d<\/p>\n
The Florida Legislature passed Amendment 3 in the form of HJR 1F in early June. The ballot title and summary language the Frank found deficient were drafted initially by the DeSantis administration, although the final amendment was significantly altered by legislative leaders. So much so that DeSantis has said he won\u2019t campaign to help pass the proposal.<\/p>\n
Amendment 3 maintains the existing homestead property exemption through this year for resident homeowners. But it increases the homestead exemption for longstanding property owners to $150,000 in 2027 and $250,000 in 2028.<\/p>\n
House Democratic Leader Fentrice Driskell, who voted against the proposal in June, issued a written statement reiterating her opposition to the plan.<\/p>\n
\u201cThe idea that this amendment would save our homes from excessive property taxes was always a scam and misleading to voters,\u201d Driskell, a Tampa Democrat, said.<\/p>\n
\u201cThis amendment to eliminate property taxes will hand massive tax breaks to billionaires and large corporations, leaving hard working families, seniors, and small businesses to pay for it. This is not a tax break but a tax shift that will cause new fees, higher taxes, and cuts to essential local services. I believe Floridians can and will stop this deception from seeing the light of day in November.\u201d<\/p>\n
Florida Phoenix<\/a> is part of States Newsroom, a nonprofit news network supported by grants and a coalition of donors as a 501c(3) public charity. Florida Phoenix maintains editorial independence. Contact Editor Michael Moline for questions: [email\u00a0protected]<\/a>.<\/p>\n