Key Biscayne could keep up to $1.6 million a year in property tax revenue after a Leon County judge ruled Aug. 4 that Florida's Amendment 3 ballot language must be rewritten because it reads "more akin to a political slogan" than a neutral description.
Circuit Judge David Frank declared the ballot title and summary "clearly and conclusively defective," handing a major victory to former Key Biscayne Mayor Mike Davey and Village Attorney Chad Friedman, whose law firm Weiss Serota Helfman Cole + Bierman led the legal challenge.
"Judge got it right," Davey said Wednesday. "The ballot language is currently deceptive and more akin to an advertisement than to a proper ballot statement."
Davey co-founded Save Our Voters From Misleading Ballot Language, the nonprofit plaintiff in three consolidated lawsuits heard by Frank. Other plaintiffs included former Stuart Mayor Thomas Campenni, former South Miami Mayor Philip Stoddard, former U.S. Rep. Al Lawson and former state Sen. Jeff Brandes.
Judge Says Ballot Title Reads Like an Advertisement, Not a Description
Frank ruled that the amendment's title, "Save Our Homes From Excessive Property Taxes," advocates a policy position rather than describing the measure. He noted the phrase "Save Our Homes" could confuse voters into thinking they are reaffirming Florida's popular 1992 homestead assessment cap, which Amendment 3 does not change.
The judge also found the summary falsely claimed the amendment would exempt the first $250,000 of a homestead's value. In reality, the exemption starts at $150,000 in 2027 and does not reach $250,000 until 2028. Frank further ruled the summary failed to disclose that the amendment would give the Legislature authority over how cities and counties spend property-tax revenue, a significant change to local home-rule powers.
The ruling was stark.
"The present ballot language would deprive the voters of the opportunity to make a meaningful decision," Frank wrote, according to Key Biscayne Portal's report on the ruling.
Amendment Stays on the Ballot, but Key Biscayne's Revenue Risk Remains
The ruling does not remove Amendment 3 from the November ballot. Voters will still decide whether to approve the property-tax overhaul, which requires 60% support to pass. But they will see different language when they do.
A preliminary estimate presented to Key Biscayne's Village Council projected the island would lose $800,000 in property tax revenue in 2027 and $1.6 million annually starting in 2028 if the amendment passes. Statewide, Florida's Revenue Estimating Conference projected the measure would reduce local property-tax collections by nearly $4.93 billion in the 2027-28 fiscal year, according to Florida Politics.
The Florida Sheriffs Association, Fraternal Order of Police and Florida Fire Chiefs' Association have all formally opposed Amendment 3, warning it threatens public safety funding.
Attorney General Has 10 Days to Submit New Ballot Language
Attorney General James Uthmeier has 10 days from the Aug. 4 ruling to submit revised ballot language to the Florida Department of State. Any challenge to the rewritten language must be filed within 10 days of its submission. County election offices may begin printing ballots Aug. 27, leaving a compressed window for any rewrite, renewed challenge or appeal.
Jamie Cole, Friedman's law partner and lead plaintiffs' attorney, said in a statement that the firm hopes Uthmeier will rewrite the ballot title and summary to correct the specific defects identified by the judge within 10 days in a fair and accurate manner.
The attorney general's office had not publicly responded to the ruling as of Wednesday. The order is final for purposes of appeal, meaning the state can ask a higher court to reverse Frank's decision.
Key dates to watch: Uthmeier's revised language is due by Aug. 14. County election offices may begin printing ballots Aug. 27.
