FLORIDA PROPERTY TAX REFERENDUM COULD FACE UP TO FIVE CONSTITUTIONAL CHALLENGES BEFORE VOTE
The referendum on lowering property taxes in Florida may face a state constitutional challenge on several fronts, according to a former state senator.
"I think there's questions about home rule. Think there's questions about unfunded mandates. I think there's questions about taxing uniformity. There's a variety of questions," former Florida state Sen. Jeff Brandes told WPTV on Monday.
WATCH BELOW: Florida property tax referendum faces potential legal battles
In a Saturday social media post, Brandes listed five possible legal challenges to the referendum that would raise the homestead exemption for homeowners to $150,000 in 2027 and $250,000 in 2028.
Those possible legal challenges include the following:
- Ballot Language
- Equal Protection
- Uniformity
- Home Rule
- Unfunded Mandates
🧵1/10
The Legislature passed it.
Voters may get it.
But before Florida rewrites the property tax system, there’s a question nobody seems eager to answer:
Will this amendment survive court?
There are at least five constitutional challenges I expect lawyers to explore. 👇
— Jeff Brandes (@JeffreyBrandes)
🧵1/10
The Legislature passed it.
Voters may get it.
But before Florida rewrites the property tax system, there’s a question nobody seems eager to answer:
Will this amendment survive court?
There are at least five constitutional challenges I expect lawyers to explore. 👇
"We need to first of all remember this is not a normal bill," state Rep. Toby Overdorf, R-Stuart, told WPTV after the vote was approved in special session last week. "This is a joint resolution that changes the Constitution."
For that reason, Overdorf said he does expect a legal challenge, but multiple challenges could put the courts under pressure with a vote scheduled for Election Day in November.
"They're going to have to consolidate these things down," Brandes says. "There's probably a handful of really interesting questions that have to be asked and addressed."
At this point, there are no lawsuits filed against the referendum — but many expect that to happen once the actual question for voters is completed.
Read more of WPTV's coverage on property taxes below:
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Property tax proposal: What Florida voters are saying
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Property tax proposal: Counties work to understand scope of impact
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Property Tax Referendum: Republicans, Democrats sound off
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Will property tax cuts raise your other bills? What experts told WPTV
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Lawmakers approve property tax cut proposal, measure heads to ballot
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Lawmakers advance plan to phase out homestead property taxes
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'Save Our Homes': Website calculates potential property tax savings
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'We're hearing a lot of rumors': Questions loom over property tax reform
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DeSantis renews push for property tax overhaul as bills rise
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'Should be exempt': Commissioner wants review of city-owned property
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Property tax reform: Can special session get results?
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DeSantis offers new details on property tax cut plan, path to ballot still murky
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Property tax reform stalls in Tallahassee, but fight isn’t over
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FUNDING FEARS: Cities, counties fret over end of property tax
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Worries grow in small towns over possible property tax cuts
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