Two former local elected officials and a nonprofit group filed suit Thursday in Leon County Circuit Court against the property tax cut amendment placed on the November ballot by lawmakers, alleging it is misleading.
The group is called Save Our Voters From Misleading Ballot Language and the two officials are Thomas Campenni, former Mayor of Stuart, and Michael Davey, former Mayor of Key Biscayne.
They claim the ballot measure (HJR 1F), which seeks to increase the existing $50,000 tax exemption for homestead properties to $150,000 in 2027 and to $250,000 in 2028, would deceive voters.
“The ballot summary does not merely describe the Proposed Constitutional Amendment – it endorses it,” the lawsuit states. “The ballot summary … sets forth three political taglines – ‘ensuring funding for core services,’ ‘protecting small businesses,’ and ‘ensuring fairness for Florida residents’ – giving reasons why voters should vote for the proposal. But the purpose of a ballot summary is to explain what an amendment does, not to advocate for its adoption.”
But even if the court finds the ballot summary is misleading, that wouldn’t erase the measure from the ballot.
Under state law, Attorney General James Uthmeier would be required to amend the ballot summary if it is found to be defective.
Lawmakers passed the measure after it was drafted by DeSantis’ office. GOP leaders amended it to exempt taxes levied to fund schools, but city and county officials across the state have warned if voters approve it their budgets – and the services they provide to residents – will suffer.
DeSantis and supporters of the measure, though, have largely waved those critiques away, claiming local governments have overtaxed homeowners as property values have risen in recent years and now they need to rein in spending.
According to a House staff analysis the measure could cost local governments $8.4 billion per year, if it gets the necessary 60 percent support from voters to pass into law.
A spokeswoman for DeSantis didn’t immediately respond to an email Thursday.
The lawsuit claims several pieces of the ballot summary are misleading.
The phrase “ensuring funding for core services” is a misnomer, the lawsuit claims, because it drastically cuts property tax revenues. The proposed amendment would require cities and counties to spend property tax revenues on a list of “core services,” including public safety, but it also lowers the amount of money available for those services.
The lawsuit also takes issue with the phrase “protecting small businesses,” as there’s no provision that marks such business out for special treatment. There is a provision lowering the current 10 percent cap on annual assessment increases for non-homestead properties to 5 percent, but that applies to more than just small businesses.
“The Proposed Constitutional Amendment broadly limits future assessment increases on all categories of non-homesteaded property, and provides no protection to small businesses, or other non-homesteaded property, from the expected higher taxes resulting from increases in millages rates necessary to offset (at least partially) the loss of tax base caused by the amendment,” the lawsuit states.
Another misleading piece, according to the lawsuit, is it’s expressed intent to eventually eliminate all non-school homestead property taxes, something DeSantis has said is his goal. But although the measure directs the Legislature to set up a structure to allow local governments to phase out homestead property taxes, that’s short of a mandatory full elimination.
“The actual proposed constitutional language does not require the ‘full elimination,’” the lawsuit states. “Rather, it requires the Legislature to establish procedures through which local governments may choose to grant additional exemptions in the future ‘up to’ the full assessed valuation.”
–Gary Roher, News Service of Florida
wow says
I don’t think you have to be a genius to predict the impact. Each town needs to review NOW the amount of their budget that is covered by current property taxes. Then make some decisions about what you’ll cut when the money is gone.
Knowing Florida, they’ll vote to remove the money then hit the panic button when everything has to get cut.
Failure to plan is just failure. Get going, now.
Layla says
Dear Wow,
Property taxes fund local governments, and in the smaller communities, the tax revenue isn’t enough to fund services which the state says they must provide.
Cuts are being made now. But new taxes will have to make up the difference. That is the unknown. All this is doing is forcing local governments to raise taxes.
Ed Danko, Vice-Mayor PC says
Not reported in this article: two former “Dumbocrat” Mayors, one Thomas Campenni, a life-long New Yorker, who was forced to resign from office for age discrimination. The other, a failed leftest Congressional Candidate. Clearly, these two losers do not think you, the citizens should have the right to make the decisions about how you are governed. Don’t be fooled by these scary liberal tactics. You have the right to decide at the ballot box, not some liberal politicians with bogus lawsuits. This will be tossed from court in less than a NY second!
Deborah Coffey says
Are these the same Dumbocrats that have baled out Republican stupidity for decades since 1929 after the Great Depression. You do know that it’s an easy Google to get a list of ALL recessions in the United States and who controlled the Pesidency and the Congress that caused them. Shocking that almost all of them were caused by…REPUBLICANS…greedy for power and money while harming the very Americans that put them in office!
Mark Webb says
Ed, you and you alone own the decision to not fund the maintenance of our water systems which now cost us many more millions of dollars
Thank you, now please go away!
We voted for you do that.
Laurel says
Ed Danko, etc., etc.: You expose your bigotry towards half of American citizens with your words “Dumbocat” (with a “b”), “leftist” and “liberal.” Apparently, you do not understand that there are more Americans than just you and your single-minded, small group.
Also, you have not made it clear, legally, why this lawsuit is “bogus.”
…and, exactly what are the “liberal scare tactics”?
Skibum says
Speaking of “FAILED”… people already decided at the ballot box, and that is why YOU, Ed Danko, are no longer working in public service. Specifically because THE PEOPLE put you out to pasture where you could no longer cause public harm. Yet here you are, still trying.
Tim two votes says
So is it vote no so it doesn’t pass or vote yes and vote it down
Voter says
If it were up to the Repuublicans they would try to ban Democrats from voting but instead the thug ICE will be at voting polls trying to intimidate them instead.
Pogo says
As stated
https://www.google.com/search?q=wsj+opposes+desantis+tax+scam
Make what you will — of that.
Me?
This is Floriduh, liars are talented cheats too — and faster than bugs in a kitchen when the lights go on. DeSantis, and her husband, are most likely looking at Christian boarding schools for their children, maids, chauffeurs, and pool boys in the state where the future lair will be.
Dennis C Rathsam says
For once Danko is right
Laurel says
Good for these mayors. DeSantis used more than $10,000,000 of taxpayers’ money to sway voters away from legalizing recreational marijuana. That’s not his job. His job is to do our bidding, not to use our money to persuade us for his agenda. There seems to be a whole lot of that going on today.
This law is open ended, and does not tell us how it’s going to work in our favor. It will, however, reduce taxes for large corporations. It will kill local rule, which is really the goal here. Otherwise, there would be support from both sides of the isle. No one wants to pay more taxes. But, the Republican politicians are in trouble, so they need a means to get voters to the polls this November.
Some of you do not understand how a grift works, so allow me to explain. Many years ago, I had a friend who was a (or wanted to be) a grifter. He tried to get me involved in a scheme, but I declined. Our friendship didn’t last.
What I learned from him, was, in order for a grift to work, you had to access the greed in a person. That’s the whole key. Think about one of the first grifts on the internet, which is comical now, but it worked. There was this supposed Prince of Nigeria, who was being held captive. He was very rich, but his money was tied up. If you sent him some money to get him out of jail (or whatever), he would share his fortune with you. That’s the greed target. Grifters always go for your greed. You are somehow, without real explanation or proof, going to end up in a utopia, or rich, or with a beautiful lover. It’s the grift. You’re not saving a Prince just for his sake, he will share his fortune with you.
You will no longer pay tax. Not so.
Tax reform is possible, but it has to be thought out, with real plans to make it work. It should not be rushed through. If you agree, then vote “No” and demand a reset.
Sherry says
This whole thing is a massive manipulation of Florida citizens! It accomplishes:
1. Getting Republicans to the ballot box. . . full stop. . . that way, they will vote for ALl Republicans running, regardless of their qualifications.
2. Consolidating control of your lives at the “State” level. . . No more home rule. . . too bad your the county/city wants something else.
3. Giving de santis BS bragging rights about cutting taxes, as he runs for President.
Don’t fall for it! VOTE NO!