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Florida property tax referendum could face up to 5 constitutional challenges before vote

Former state Sen. Jeff Brandes tells WPTV there are a 'variety of questions' about the proposal

Unclear path forward as Florida leaders float competing property tax proposals

WFTS

By: Matt Sczesny

Posted

PALM BEACH COUNTY, Fla. — 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

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) June 6, 2026

"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: