Amendment 3 rewrite is already underway, Gov. Ron DeSantis says

Florida Gov. Ron DeSantis said Thursday that the state will not challenge a Leon County Circuit judge’s finding that the ballot title and summary for Amendment 3 defective and that the Attorney General James Uthmeier is rewriting the language.

Appearing during a press conference in Lehigh Acres, DeSantis said he didn’t “necessarily agree” with Judge David Frank’s ruling on the property tax constitutional amendment but said the decision had been made to go ahead and rewrite the summaries.

“I’ve actually seen some of the drafts,” DeSantis said. “It’s going to be very clear for voters what’s on there. It addresses what the judge said even though we don’t necessarily agree with the legal analysis.”

DeSantis added that it will be “straight forward. … People are going to know you are getting tax relief. You’re going to get increased homestead exemptions.”

The Florida Legislature passed Amendment 3 in the form of HJR 1F in early June.

The ballot title and summary language Frank found deficient were drafted primarily by the DeSantis administration, which means Uthmeier is redrafting language written by his former boss. (He was DeSantis ‘ chief of staff.) He will have to submit the new version to Frank for review.

“The focus now shifts to the rewrite. The court identified real problems with the ballot language. Whether those concerns have actually been addressed remains to be seen,” Jeff Brandes told the Phoenix in a text.

Brandes and others filed lawsuits challenging the wording of the amendment. A former senator, Brandes said the legal challenge wasn’t filed to preclude Florida voters from weighing in on property tax relief.

“It was about whether the government can sell a constitutional amendment with advocacy instead of explanation,” he said. “I’ll be looking closely at whether the new language gives voters an honest description of what’s in the amendment before drawing any conclusions.”

Another Amendment 3 challenge filed by bipartisan pair of former legislators

‘Political slogan’

The initial lawsuit took aim at phrases in the amendment; for example, the title labeled it “Save Our Homes from Excessive Property Taxes.” Frank agreed with opponents that the title was “akin to a political slogan” and violated Florida law.

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.

A proposed constitutional amendment passed by the Legislature cannot be knocked off the ballot. But the title and summary can be challenged in court.

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 opposition from groups that represent firefighters, sheriffs, and police.

Also, DeSantis repeated Thursday that he will not lead a campaign to pass the amendment because Amendment 3 isn’t what he proposed or advocated for. DeSantis’s proposal would have applied to all property taxes paid by Florida homeowners, even those targeted toward public education. The Legislature was uneasy with that proposal and eliminated school taxes before passing the proposal.

The governor, who first called for property tax changes last year, still praised Amendment 3 as “meaningful” and said if passed it would be the “biggest tax relief in the modern history of Florida.”