TALLAHASSEE, Fla. — A Leon County circuit judge has ordered Florida Attorney General James Uthmeier to rewrite the ballot title and summary for the Legislature’s proposed Property Tax Amendment, ruling that the language voters would see on the November ballot is legally defective because it is neither fair nor neutral.
Circuit Judge Angela Dempsey’s 18-page order grants summary judgment to a coalition of plaintiffs who challenged the ballot language, concluding it failed to accurately describe the amendment’s chief purpose and instead relied on political rhetoric that could mislead voters. The court also barred the current ballot title and summary from appearing on the November general election ballot in their present form.
The proposed amendment would significantly expand Florida’s homestead property tax exemption while making additional changes affecting non-homestead property assessments if approved by at least 60% of voters.
The ruling follows a July hearing in Leon County that The Florida Pundit previously covered in Judge Hears Florida Property Tax Amendment Ballot Language Challenge, where attorneys debated whether the proposal complied with Florida law governing ballot language.
Court Says Ballot Language Must Be Neutral
In the order, Dempsey emphasized that the court was not deciding whether the proposed constitutional amendment is good or bad public policy. Instead, the court’s role was limited to determining whether the ballot title and summary fairly informed voters of the amendment’s chief purpose without advocating for one side.
Florida law requires ballot language for constitutional amendments to be clear, accurate and impartial. The court concluded the Legislature’s proposal failed those requirements.
Among the court’s criticisms was the proposed ballot title, “Save Our Homes From Excessive Property Taxes,” which Dempsey described as political rhetoric rather than a neutral description of the amendment. The order states that words such as “save” are designed to elicit an emotional response and improperly advocate for the proposal.
The court also rejected several phrases contained in the ballot summary, including statements that the amendment “benefits Florida taxpayers,” “ensures funding for core services,” “protects small businesses,” and “ensures fairness for Florida residents.” According to the order, those statements promote the amendment instead of objectively explaining its legal effect.
Amendment Remains on Ballot
Although the court ruled the ballot language defective, the proposed constitutional amendment itself was not removed from the Nov. 3 ballot.
Instead, Judge Dempsey ordered Attorney General James Uthmeier to prepare a revised ballot title and summary correcting the deficiencies identified by the court. The order also enjoins Secretary of State Cord Byrd from placing the current ballot language before voters and requires the revised language to be submitted in accordance with state law.
The court further retained jurisdiction over any future legal challenges involving the revised ballot language.
What the Amendment Would Do
The proposed Property Tax Amendment would make significant changes to Florida’s property tax system, including increasing homestead exemptions and reducing assessment caps on certain non-homestead properties.
Supporters argue the measure would provide long-term property tax relief for homeowners and businesses.
Opponents, however, contend the ballot language approved by the Legislature failed to accurately describe the proposal and instead encouraged voters to support it through promotional wording rather than neutral language.
As Florida Elections 2026 continue, readers can also review Florida Primary Voting Enters Critical Stretch Ahead of Aug. 18 Election and visit The Florida Pundit’s Florida Elections 2026 Hub for continuing statewide election coverage.
Appeal Likely
Because of the statewide significance of the proposed constitutional amendment, the ruling is expected to face appellate review before final ballot language is approved for the November election.
The Florida Pundit will continue monitoring court filings and any revised ballot language submitted by the Attorney General as the case moves forward.
RELATED COVERAGE
- Judge Hears Florida Property Tax Amendment Ballot Language Challenge
- Florida Primary Voting Enters Critical Stretch Ahead of Aug. 18 Election
- DOME — Florida Primary Countdown
- Florida Elections 2026 Hub
