A bipartisan pair of former Florida lawmakers is challenging a proposed constitutional amendment on property taxes, arguing voters are being presented with a politically charged and misleading description of a measure that could gut local government finances.
Former U.S. Rep. Al Lawson, D-Tallahassee, who also served as Senate Democratic leader during his tenure in the Florida Legislature, and former state Sen. Jeff Brandes, R-St. Petersburg, filed a lawsuit July 7 in Leon County Circuit Court seeking to prevent Amendment 3 from appearing on the November 2026 ballot unless its title and summary are rewritten.
The suit, which names Secretary of State Cord Byrd and Attorney General James Uthmeier as defendants, is the third legal challenge to the property tax proposal approved during a June special session of the Republican-controlled Legislature.
Lawson and Brandes argue the ballot language is written to persuade voters rather than inform them and fails to explain the amendment’s potential impact on local governments and public services.
Lawson: ‘We have a dishonest amendment’
“The reason for this lawsuit is because the Legislature did not do their job,” Lawson told the USA TODAY Network – Florida. “This is totally, really dishonest to pass this on and put it out there for the voters without letting these people know what’s going to happen.”
Lawson spent 28 years in the Florida Legislature and said he has never seen a constitutional amendment presented this way.
“It’s totally misleading. We have a dishonest amendment on the ballot in November,” Lawson said.
Lawson said the ballot language fails to tell voters how the proposal could affect local government services such as fire and police protection.
Brandes: ‘Legislature rushed proposal without analysis’
Brandes, who served 12 years in the Florida Senate, echoed Lawson’s criticism in an interview, arguing that lawmakers rushed the proposal through the Legislature without sufficient analysis.
“I definitely don’t think the Legislature did its job,” Brandes said. “Roundabouts get more due diligence than this constitutional amendment.”
The amendment originated from a property tax proposal championed by Gov. Ron DeSantis in a bid to cement his conservative legacy in Florida. While the governor initially promoted broader property tax reforms, lawmakers approved a somewhat narrower version in June that would increase homestead exemptions and create a pathway toward eliminating certain non-school property taxes on homesteaded properties.
Despite dialing back DeSantis’ original plan, Brandes said lawmakers moved forward without sufficient fiscal data.
“Here we are a month later, and we’re still crowdsourcing its impacts,” he said. “These are the types of things that just have not been thought through. The Legislature never looked at the data.”
Six alleged problems with Amendment 3
Brandes cites several problems with the amendment and its ballot language:
Concerns about home rule and local control
Brandes also warned that the proposal could fundamentally alter the balance of power between Tallahassee and local governments.
“Nothing says in this amendment that this restricts your home rule,” he said. “Nothing says that you will have to ask Tallahassee for permission going forward for certain decisions that your community makes.”
He argued that smaller governments could become dependent on state officials for funding decisions and lose autonomy.
“The governor is about to be the mayor of dozens of small towns and counties around the state of Florida,” Brandes said. “Because he’s ultimately going to control what they can spend money on, how they’re spending money, how many police officers and firefighters they hire.”
The lawsuit argues voters are not receiving an objective explanation of Amendment 3, which would increase Florida’s homestead property tax exemption.
Brandes and Lawson hired the Tallahassee-based Spellman Law firm for the suit. Their attorneys wrote that the proposal represents a “sea change” in state tax policy and local government finance.
“The voters who must decide on the sea change proposed by the Legislature are not being given the full and accurate story they deserve,” the complaint states.
What happens next
The lawsuit takes issues with the ballot title, “Save Our Homes from Excessive Property Taxes” as an attempt to elicit an emotional response from voters rather than neutrally describing the amendment.
It also challenge portions of the ballot summary that say the measure would “benefit Florida taxpayers,” “ensure funding for core services,” “protect small businesses,” and “ensure fairness for Florida residents.”
Those statements, the lawsuit argues, amount to political talking points rather than factual descriptions.
“But equally passionate opponents will argue that the tax is regressive, harmful, unfair, and dangerous to the health and safety of Florida’s citizens,” the complaint states,
If successful, the lawsuit would not prevent Floridians from voting on Amendment 3. Instead, the court could require the attorney general’s office to revise the title and summary before the measure appears on the ballot.
DeSantis has said previously that he hopes courts rule on the lawsuits “pretty quickly,” noting that election officials have to print ballots likely in August for the general election.
He also has warned critics and “big government advocates” to “be careful what you wish for” if judges strike the language and let the attorney general write the amendment.
“Although the ballot measure passed by the Legislature differs from my proposal, it is the best opportunity Floridians have had in years to obtain meaningful relief,” DeSantis wrote on X, amid criticism of the proposal. “It is not ‘progressive’; it applies to all FL homesteads, modest to extravagant.”
For Lawson and Brandes, the issue is less about the policy itself than ensuring voters understand its consequences before casting their ballots.
“When you put something on the ballot, you have to be honest with your constituents,” Lawson said. “This is wrong.”
James Call is a member of the USA TODAY NETWORK-Florida Capital Bureau. He can be reached at jcall@tallahassee.com. Follow on X: @CallTallahassee.
This article originally appeared on Tallahassee Democrat: Bipartisan former lawmakers sue over Florida property tax overhaul
Reporting by James Call, Tallahassee Democrat / Tallahassee Democrat
USA TODAY Network via Reuters Connect
By James Call, Tallahassee Democrat | USA TODAY Network
