A No vote on Amendment 3 would not undo Florida's new millage law

The constitutional amendment is still on the ballot. The law governing how local boards set property-tax rates already passed and stays in force either way.

The Orlando Report··Updated Sun Aug 30

Amendment 3 and CS/SB 4-F are connected, but they are different measures. Rejecting Amendment 3 would not repeal Chapter 2026-240.

Florida's property-tax debate now involves two different measures that are easy to blur together. One still needs voter approval. The other is already law.

Amendment 3 is the constitutional proposal on the Nov. 3 ballot. It would change homestead exemptions, lower a specified non-homestead assessment cap and revise other property-tax language in the Florida Constitution.

CS/SB 4-F is different. It already passed and became Chapter 2026-240, changing the rules local governments use when they vote on millage rates.

What the new millage law does

Under Chapter 2026-240, a majority may adopt the rolled-back rate. A two-thirds vote may adopt a rate up to 110 percent of the rolled-back rate. Going above that level requires a higher threshold: a unanimous vote, a three-fourths vote on a board with at least nine members, or voter approval.

The rolled-back rate is designed to raise roughly the prior year's property-tax revenue from the current tax roll after statutory adjustments. It is not automatically last year's millage rate. If taxable value grows, the rolled-back rate can fall.

That distinction matters because a board can keep the same posted millage while collecting more revenue from a growing tax base.

What the Amendment 3 vote does not decide

If Amendment 3 passes, local governments would set future millage under Chapter 2026-240 while dealing with the amendment's changes to taxable value.

If Amendment 3 fails, Chapter 2026-240 still remains law.

A No vote therefore does not restore the previous millage statute. And a Yes vote does not itself choose a replacement tax rate. Those later rate decisions still belong to local boards under the law already on the books.

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Amendment 3

Correction: corrections@orlandofirst.city.

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