A Leon County judge this week determined the summary of property tax cut ballot measure passed by the Legislature is filled with political rhetoric and misleading.

Gov. Ron DeSantis’ response was essentially to say ‘fine, we won’t appeal’ and Attorney General James Uthmeier, who he appointed to the job, is already on the rewrite.

TILTED TITLE

In a technical win for a trio of groups that challenged Amendment 3 on the November ballot, Leon Circuit Court David Frank on Monday ordered the title and ballot summary to be redrafted.

“Voters are entitled to a fair, clear, accurate and non-misleading ballot statement to assist them in making their critical determination,” Frank wrote in his 18-page ruling. “The present ballot language would deprive the voters of the opportunity to make a meaningful decision.”

Amendment 3 calls for the non-school homestead exemption to be increased from $50,000 to $150,000 in 2027 and raises it to $250,000 in 2028. Another provision reduces the annual cap on assessment increases for non-homestead properties from 10 percent to 5 percent.

In his ruling, Frank detailed specific changes that should be made to the ballot summary.

For example, after stating “this amendment benefits Florida taxpayers by:” the ballot summary uses the phrases “exempting homestead properties from taxation,” “ensuring funding for core services,” “protecting small businesses” and “ensuring fairness for Florida residents.”

Those opposed to the measure argued that if approved by 60 percent of voters in November cities and counties could lose up to $12 billion annually. They also said tax burdens will be shifted to renters and businesses, which isn’t reflected in the ballot language that is under the amendment’s title of “Save Our Homes From Excessive Property Taxes.”

DeSantis said Thursday that Uthmeier, his former chief of staff, was already working on the new language.

“I’ve actually seen some of the draft. It’s a great draft. It is going to be very good. (It will) be very clear for voters what’s on there,” DeSantis said during an education event in Lehigh Acres.

DeSantis added that he and Uthmeier didn’t “necessarily agree” with the ruling, but that the revision will be more than acceptable.

“It’s fine. It’s going to be a very good summary, very straightforward,” DeSantis continued. “People are going to know they’re going to get tax relief. You’re going to get an increased homestead exemption if you’re for it. So that’s going to happen.”

GENDER REVEAL

Florida’s law banning children from drag shows was deemed constitutional by a federal appeals court, overruling an earlier decision that found it violated the First Amendment.

A ruling was a victory for Gov. DeSantis, who pushed for the measure in 2023, passing through the Republican-controlled Legislature.

“This shouldn’t even be controversial, yet our law protecting kids required us to fend off lawsuits and win a case before a divided appellate court,” DeSantis posted on X.

A three-judge panel of the 11th U.S. Circuit Court of Appeals initially knocked the law down, but DeSantis appealed, asking for the full court to review the decision.

In an 8-5 ruling, the court found Hamburger Mary’s, an Orlando-area restaurant that frequently features drag performances and brought the lawsuit, “failed to establish a substantial likelihood of success on the merits.”

The law defines “adult live performance” as a live show that “depicts or simulates nudity, sexual conduct, sexual excitement, or specific sexual activities,” as defined under state law, as well as “lewd conduct” or the “lewd exposure of prosthetic or imitation genitals or breasts.”

Hamburger Mary’s argued the law was too broad and infringed on its First and Fourteenth Amendment rights, but the majority of the court disagreed.

“The Supreme Court of Florida’s definition of ‘lewd’ eliminates any overbreadth, and the use of the phrase ‘age of the child present’ does not render the Act unconstitutionally vague. Accordingly, we vacate the district court’s preliminary injunction in its entirety,” wrote Judge Andrew Brasher.

Brasher was appointed by President Donald Trump in 2020.

In response to the ruling, Qommittee, a national group formed in 2024 to support drag performers facing censorship and threats, updated its guide for Florida.

“Florida’s anti-drag law is in effect but drag is NOT banned in Florida. Even if your show is legal (and most are), you could be wrongfully targeted,” the guide states. “Don’t stop performing, but protect yourself.”

THE COST OF COLLEGE SPORTS

The state university system’s Task Force on Intercollegiate Athletics agreed Tuesday that Congress must pass an anti-trust exemption for the NCAA to establish a salary cap, along with transfer and eligibility regulations on student athletic programs.

Barring that, the Florida Legislature needs to get involved, with members of the task force backing seven of 19 proposals intended to address the evolving world of college athletics.

Measures that found support Tuesday included the need to expand state law that provides legal protections for universities regarding student-athlete name, image and likeness (NIL) deals, regulations on agents, financial literacy training and advisors for student-athletes, and for the state to seek multi-state agreements on student pay, eligibility, and caps on student-athlete agent compensation.

“What we’re seeing in intercollegiate athletics today is not really a free market,” said state university system Board of Trustees Chairman Alan Levine. “A free market is where you have a buyer and a seller and the government is not setting prices. But you got states like Louisiana that are passing taxes and using public dollars to basically subsidize their athletic programs, and you have other states, like Florida, that are loathe to do that.”

Among the proposals not put up for a recommendation on Tuesday were measures to allow schools to increase fees on tickets, concessions, and sports betting, along with apparel and other branding deals.

“My goal would be not to raise taxes in any form to pay for college athletics,” said Task Force Chairman Ken Jones during the meeting at the University of Central Florida.

STORY OF THE WEEK:

The state was ordered to rewrite the title and summary of a property tax cut ballot measure championed by DeSantis and passed by the GOP-controlled Legislature because they were misleading and filled with political rhetoric, a Leon County judge ruled.

QUOTE OF THE WEEK:

“This amendment, frankly, was not ready for prime time. I think that’s what the court found. I think that’s what, as voters read more and more about what this amendment does, that’s what they are going to find.” — former state Senator Jeff Brandes, a plaintiff in the lawsuit against Amendment 3.

written by Jim Turner, The News Service of Florida