Omar Bennett
Florida's Constitution can be amended through a legislative joint resolution, an initiative petition, or a proposal from the Constitution Revision Commission or the Taxation and Budget Reform Commission. Proposed amendments are placed on the ballot through a citizen's initiative or a majority vote in the Florida State Senate and House of Representatives. In 2024, Floridians voted on six proposed amendments, including Amendment 3 to legalise the adult personal use of marijuana and Amendment 4 to limit government interference with abortion.
| Characteristics | Values |
|---|---|
| Number of proposed constitutional amendments | 6 |
| Amendment 1 | Change school board elections from nonpartisan to partisan |
| Amendment 3 | Legalize adult personal use of marijuana |
| Amendment 4 | Limit government interference with abortion |
| Amendment 5 | Provide for an annual adjustment for inflation to the value of the homestead property tax exemption |
| Amendment 6 | Repeal a constitutional provision stating that “it is the policy of this state to provide for state-wide elections in which all qualified candidates may compete effectively” |
| Amendment proposal | Legislative joint resolution, initiative petition, Constitution Revision Commission, or Taxation and Budget Reform Commission |
| Amendment approval | Requires at least 60% of votes |
| Petition sponsor | Registered political committee |
| Signature requirements | 880,062 for 2026 General Election ballot |
| Signature verification cost | May be increased annually on March 1 |
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What You'll Learn
School board elections
Florida voters will decide on six proposed constitutional amendments in the November 2024 election. One of these amendments concerns school board elections.
Currently, candidates for school board races in Florida, like candidates for all nonpartisan offices, are prohibited from campaigning based on party affiliation. Florida had partisan school board elections until 1998 when voters approved Amendment 11 with 64% of the vote. Amendment 11 prohibited partisan primaries and party labels in school board elections.
The proposed Amendment 1, referred to the ballot by a majority vote in the 2023 Legislature, would change school board elections to partisan elections beginning in 2026. This would require the candidate's political party to be designated on the ballot and trigger closed primary elections. A "yes" vote would result in partisan school board elections, with only voters registered with a political party able to vote for candidates in their party's primary election. A "no" vote would maintain the current system of nonpartisan elections, allowing all voters to vote for any candidate without closed primaries.
The ACLU of Florida is recommending a "no" vote on Amendment 1, to keep school board elections nonpartisan.
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Adult use of marijuana
Florida Amendment 3, also known as the Marijuana Legalization Initiative, was on the ballot in Florida as an initiated constitutional amendment on November 5, 2024. The amendment sought to legalise the adult use of marijuana, allowing adults aged 21 and older to possess, purchase, or consume marijuana and related accessories for non-medical personal use. This included smoking and ingestion, with a possession limit of three ounces (about 85 grams) and up to five grams in concentrate form.
The amendment also addressed the role of existing Medical Marijuana Treatment Centres, authorising them to sell marijuana to adults for personal use. Additionally, the Florida State Legislature could have provided for the licensing of other entities to cultivate and sell marijuana products. The financial impact statement for the amendment estimated significant sales tax revenue from non-medical marijuana sales, which was expected to generate at least $195.6 million annually once the retail market is fully operational.
To become law, Florida Amendment 3 required a 60% supermajority vote, a threshold that was added to the state constitution through voter approval of Amendment 3 in 2006. Unfortunately, Amendment 3 did not pass, receiving less than the required supermajority threshold. This outcome aligns with the fate of previous marijuana-related amendments in Florida, such as Amendment 2 in 2014, which aimed to legalise medical marijuana but failed to reach the necessary 60% approval despite receiving a majority of votes in favour.
While Florida has not yet joined the list of states that have legalised recreational marijuana through ballot measures, the trend towards legalisation in other parts of the country suggests that the conversation around marijuana policy will continue to evolve. The defeat of Amendment 3 highlights the need for comprehensive education and engagement with voters to build support for future initiatives aiming to legalise adult-use marijuana in Florida.
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Abortion rights
Florida Amendment 4, also known as the Right to Abortion Initiative, is a proposed amendment to the Florida Constitution that seeks to enshrine abortion rights in the state constitution. The amendment is sponsored by abortion-rights activists and supported by the Florida Women's Freedom Coalition. The initiative has faced opposition from anti-abortion groups and the Republican Party of Florida, who argue that it is "extreme" and would "legalize abortion up to the moment of birth," bypassing existing right-to-life laws in the state.
The amendment states that it "doesn't change the Legislature's existing constitutional authorities vis à vis parental rights" and that it gives "more power to parents and guardians" by restoring decision-making to patients, their families, healthcare teams, and doctors, rather than politicians. Supporters of the amendment argue that it is necessary to protect women's healthcare and prevent elected Republicans from restricting access to abortion.
To be added to the ballot, the amendment required the signatures of a minimum number of registered Florida voters. The specific number of required signatures depends on the total number of votes cast in the most recent election for governor or president in the state. This process is known as the initiative petition process, and it starts with a registered political committee acting as the petition sponsor.
The Florida Right to Abortion Initiative is not the only abortion-related ballot measure that has been proposed in the United States. Similar measures in Kansas, Kentucky, and Montana, sponsored by pro-life campaigns, were defeated. These measures were designed to explicitly provide that there is no right to abortion in the state constitution.
The Florida abortion rights amendment has sparked several controversies, including investigations into petition circulators and signers, lawsuits alleging state election interference and misuse of public funds, and debates about its potential impact on other elections. Despite the opposition, supporters of the amendment continue to advocate for its inclusion on the ballot, emphasizing the importance of protecting women's reproductive rights and keeping decision-making power out of the hands of politicians.
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Homestead property tax exemption
In Florida, proposed amendments to the state constitution may be made by a legislative joint resolution, an initiative petition, or a proposal from the Constitution Revision Commission or the Taxation and Budget Reform Commission. For an amendment to be approved, it requires at least 60% of the vote.
Florida Amendment 5, the Annual Inflation Adjustment for Homestead Property Tax Exemption Value Amendment, was on the ballot as a legislatively referred constitutional amendment on November 5, 2024. It was approved with 60% of the vote. This amendment provides an annual inflation adjustment for the value of the homestead property tax exemption. In Florida, property tax rates are set by counties, school districts, cities, and special districts. Homes are assessed at just value (market value), minus the homestead exemption. The homestead exemption reduces the taxable value of a property. Every primary residence is eligible for a $25,000 homestead exemption, which exempts that amount from all taxes. An additional $25,000 homestead exemption is applied on a homestead's value between $50,000 and $75,000, which is exempt from all taxes except school district taxes.
Florida Amendment 3, Additional Homestead Property Tax Exemption for Certain Public Service Workers Measure, was on the ballot in 2022. This amendment proposed an additional homestead property tax exemption of up to $50,000 of assessed value for specified individuals deemed to be critical public service personnel. This included "classroom" teachers, law enforcement officers, correctional officers, firefighters, emergency medical technicians, paramedics, child welfare services professionals, active-duty military, and Florida National Guard members. The amendment received 58.68% of the vote but failed due to the state's 60% supermajority requirement.
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Hunting and fishing
Florida Amendment 2, also known as the Right to Hunt and Fish Amendment, was on the ballot in the 2024 general election. The amendment sought to add language to the state constitution to establish a constitutional right to hunt and fish. This amendment was proposed by the Florida Legislature, recognising that hunting and fishing are significant components of Florida's culture and economy.
The amendment declares that "fishing, hunting, and the taking of fish and wildlife, including by the use of traditional methods, shall be preserved forever as a public right and preferred means of responsibly managing and controlling fish and wildlife." It also specifies that the amendment does not limit the authority granted to the Fish and Wildlife Conservation Commission (FWC) to manage species and regulate wildlife.
Supporters of the amendment argued that it would preserve Florida's traditions, conservation practices, outdoor lifestyle, and economic opportunities associated with hunting and fishing. They believed that it was necessary to prevent any future attempts to ban or curtail these activities, ensuring they remain a public right. The amendment received support from the "Yes On 2" coalition, who raised $1.25 million in contributions.
However, opponents of the amendment expressed concerns about its potential negative consequences for wildlife management and ethical hunting practices. Some editorial boards of Florida newspapers, including the Orlando Sentinel, South Florida Sun Sentinel, Tampa Bay Times, and Miami Herald, recommended voting "no" on Amendment 2. They argued that hunting and fishing were not under threat and that the amendment could wreak havoc with Florida's habitat and wildlife. Additionally, they believed that the amendment gave the state too much power and did not belong in the state constitution.
Despite the mixed reactions, Florida voters ultimately approved Amendment 2, with 67% of the vote, surpassing the required 60% majority. With this approval, Florida joined 23 other states that have constitutional provisions protecting the right to hunt and fish.
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Frequently asked questions
Amendment 3, titled "Adult Personal Use of Marijuana," would allow adults 21 years old and older to possess, purchase, or use a limited amount of marijuana.
Amendment 4, titled "Amendment to Limit Government Interference with Abortion," is a citizen-initiated ballot initiative that ensures abortion will be legal before viability or when necessary to protect a patient's health.
Amendment 5 is a legislatively proposed amendment to provide for an annual adjustment for inflation to the value of the homestead property tax exemption.
Amendment 6 is a legislatively proposed amendment to repeal a constitutional provision stating that “it is the policy of this state to provide for state-wide elections in which all qualified candidates may compete effectively”. It also ensures that there exists a method of public financing to accomplish this goal.
