Judge orders rewrite of Florida property tax ballot language

A Leon County judge ordered phrases in the property tax amendment ballot rewritten after finding them misleading, as opposition grows among public safety groups ahead of the November vote.

Circuit Judge David Frank ruled Monday that several phrases used to describe Amendment 3 read more like a political slogan than a neutral explanation of what the proposal would do.

"Voters are entitled to a fair, clear, accurate and non-misleading ballot statement to assist them in making their critical determination," Frank said in his ruling. "The present ballot language would deprive the voters of the opportunity to make a meaningful decision."

Frank said the ballot title, "Save Our Homes From Excessive Property Taxes," is "not fair or neutral."

"It advocates a policy position: to stop excessive property taxes. The use of the term “save” is rhetoric designed to elicit an emotional response and is improper," he said.

He also said phrases that include "benefits Florida taxpayers," “protecting small businesses,” “ensuring fairness for Florida residents” and “ensuring funding for core services” should be removed. In addition, a ballot summary failed to adequately explain that the amendment could shift control over some local property tax spending from cities and counties to the Legislature, he added.

The ruling does not remove Amendment 3 from the ballot. If the judge's ruling is not appealed, Attorney General James Uthmeier has 10 days to prepare revised language that follows the court’s instructions.

Uthmeier said Tuesday that he was reviewing the decision to determine next steps.

The ruling comes as the Florida Sheriffs Association, Florida State Fraternal Order of Police, Florida Professional Firefighters, the Florida Fire Chiefs Association and several local sheriffs warn the tax reductions could strain local budgets used for law enforcement, fire protection, emergency medical services and disaster response.

Amendment 3 will need support from at least 60% of voters to pass.

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