Eleanor Finch
Florida voters rejected four out of six constitutional amendments on the ballot in 2024. The two amendments that passed, Amendments 2 and 5, enshrined the right to hunt and fish and prevented homeowner taxes from rising with inflation and property values. The four rejected amendments included proposals to expand abortion rights, legalize recreational marijuana, establish partisan school board elections, and repeal public campaign financing for statewide candidates.
| Characteristics | Values |
|---|---|
| Number of Amendments on the Ballot | 6 |
| Number of Amendments Passed | 2 |
| Amendments Passed | 2 and 5 |
| Amendments Passed - Description | Enshrining the right to hunt and fish in the state constitution and preventing homeowner taxes from rising with inflation and property values |
| Number of Amendments Rejected | 4 |
| Amendments Rejected | 1, 3, 4, and 6 |
| Amendments Rejected - Description | Abortion rights, legalizing recreational marijuana, establishing partisan school board elections, and repealing the right to public financing for candidates running for statewide offices |
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What You'll Learn
Legalisation of marijuana
Florida Amendment 3, the Marijuana Legalization Initiative, was on the ballot in Florida as an initiated constitutional amendment on November 5, 2024. The amendment would have legalized recreational marijuana for adults 21 years old and older. Individuals would have been allowed to possess up to three ounces of marijuana (about 85 grams), with up to five grams in the form of concentrate.
Amendment 3 was supported by the ACLU of Florida, which recommended voting "YES" on the ballot initiative. The ACLU of Florida argued that the criminalization of adult-use recreational cannabis has led to too many incarcerations, wasting critical state resources and billions of dollars, and disproportionately impacting communities of color. They also argued that legalizing adult-use marijuana is good for the economy, as it will create new jobs and generate millions of dollars in revenue for the state. In addition, the ACLU of Florida highlighted the racial justice aspect of marijuana legalization, noting that Black Americans are almost four times more likely to be arrested for marijuana possession than their white counterparts.
The Tampa Bay Times Editorial Board also supported Amendment 3, stating that the way Florida handles low-level marijuana possession is "ineffective, destructive, racially biased, and detached from modern sentiment." They argued that legalizing adult-use recreational marijuana would prevent law-abiding people from being penalized simply for possessing a substance that is less dangerous than alcohol. The Orlando Sentinel and South Florida Sun Sentinel Editorial Board concurred, asserting that the benefits of allowing personal use of marijuana outweigh the drawbacks and that people shouldn't be arrested for possessing small amounts of marijuana.
Despite the support for Amendment 3, it ultimately failed to pass. In order to be approved, the amendment required a supermajority of 60% of the vote. With 99% of the ballots tabulated, Amendment 3 received the support of more than 50% of voters but fell short of the required supermajority. As a result, the legalization of recreational marijuana in Florida was not successful.
It is worth noting that medical marijuana has been legal in Florida since 2016 when Amendment 2, also known as the "Medical Marijuana Production, Possession, and Use" amendment, was approved by 71% of voters. This amendment protects qualifying patients, caregivers, physicians, and medical marijuana dispensaries and their staff from criminal prosecution or civil sanctions under Florida law, but not under federal law. Amendment 2 allows for a variety of medical marijuana products, including food, tinctures, aerosols, oils, and ointments, as well as smoked and whole-flower cannabis.
Amending the Constitution: The Legislative Branch's Role
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Abortion rights
Florida's abortion rights have been a highly contested issue in recent years, with several developments impacting reproductive rights and access to abortion in the state.
In 2022, the Florida Legislature passed a 15-week abortion ban, marking a significant shift from the previous law that allowed abortions until 24 weeks. This ban was upheld by the Florida Supreme Court in 2024, when it ruled that the state constitution's right to privacy does not encompass the right to abortion. The Court's decision enabled a more restrictive abortion law to take effect.
The Florida Legislature and Governor DeSantis further tightened abortion restrictions in 2023 with the Heartbeat Protection Act, prohibiting abortions after a fetal heartbeat is detected, which typically occurs around six weeks into pregnancy. This six-week ban, which came into force on May 1, 2024, replaced the previous 15-week ban and significantly limited abortion access in the state. The ban has no exceptions for cases of rape, incest, or the patient's health, and it mandates in-person doctor appointments, making it challenging for many to access abortion services within the timeframe.
In response to these restrictive abortion laws, abortion rights advocates in Florida sought to amend the state constitution through a ballot initiative known as Amendment 4. This amendment aimed to limit government interference in abortion decisions, asserting that personal medical choices should be made between patients and their healthcare providers. Amendment 4, which was largely funded by abortion rights organizations like Planned Parenthood and the ACLU, sought to enshrine abortion rights in the state constitution, allowing abortions at any stage and by any qualified healthcare provider. However, this amendment faced strong opposition from anti-abortion groups, including the Florida Conference of Catholic Bishops, who characterized it as an "extreme abortion amendment."
During the 2024 election, Amendment 4 garnered support from over 57% of Floridians who voted in favor of it. While this majority support indicated a desire for reduced government involvement in reproductive choices, the amendment ultimately fell short of the required 60% threshold to amend the Florida Constitution. Despite not passing, Amendment 4 highlighted the sentiment among many Floridians for the protection of reproductive freedom and autonomy in medical decisions.
The ongoing debate surrounding abortion rights in Florida continues to shape the legal landscape, with abortion rights advocates working to challenge restrictive laws and ensure access to reproductive healthcare services.
The First Amendment: Protecting Lobbying as Free Speech
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Partisan school board elections
In 2024, Florida voters decided on six constitutional amendments, including Amendment 1, also known as the Partisan School Board Elections Amendment. This amendment would have changed Florida's Constitution and required school board candidates to run in a partisan election.
At the time of the election, Florida was one of 41 states with state laws providing for nonpartisan school board elections. Four states—Alabama, Connecticut, Louisiana, and Pennsylvania—had state laws providing for partisan school board elections. Five states—Rhode Island, Tennessee, North Carolina, South Carolina, and Georgia—provided for partisan or nonpartisan school board elections depending on the district.
If Amendment 1 had passed, candidates would have had to run as Democrats or Republicans starting in 2026, and parties would have nominated their own candidates for these elections. This would have meant that candidates would have needed the support of their political party to win their elections. This could have resulted in school board candidates prioritizing their party's political agenda over the needs of their students. In districts where one party is dominant, school board candidates could have ignored parents who do not share their political affiliation.
In non-partisan school board elections, school board members have equal incentives to listen to all parents. Without party labels, voters can focus on candidates' qualifications, experience, and vision for education, and vote based on merit.
The Constitution's Habeas Corpus Amendment
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Hunting and fishing rights
Florida's Amendment 2, also known as the Right to Hunt and Fish Amendment, was passed in 2024 with 67% of the vote. The amendment enshrines hunting and fishing as a public right in the Florida Constitution, stating that these activities will be "preserved forever" as a preferred means of "responsibly managing and controlling fish and wildlife".
The amendment's passing means that hunting and fishing are now protected by the state's constitution, providing more permanent protections for these activities. While hunting and fishing were already allowed in Florida, the amendment offers a safeguard against any future attempts to criminalise or restrict these practices. It also ensures that hunting and fishing using "traditional methods" are protected.
However, concerns have been raised about the potential impact of the amendment on wildlife conservation and private property rights. Some critics argue that the amendment could be used to override existing protections for fish stocks and might lead to hunters trespassing on private property. There are also worries that it could encourage overfishing and overhunting, especially as the amendment promotes these activities as the preferred means of wildlife population control.
Despite these concerns, supporters of the amendment, including Sen. Jim Boyd, believe it is necessary to protect hunting and fishing rights, pointing to failed initiatives in other states that could have threatened these activities. Additionally, the amendment's supporters argue that hunting and fishing are significant components of Florida's culture and economy, with saltwater and freshwater fishing bringing in $13.8 billion and hunting contributing $2 billion annually.
While the amendment guarantees the right to hunt and fish, it does not remove the need for licenses or the existing regulations and seasons for these activities. The Fish and Wildlife Conservation Commission (FWC) will continue to regulate and control public licenses, permits, authorised hunting and fishing areas, and how much fish and wildlife can be taken.
Deadlines for Ratification: Amendments with Time Limits
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Homestead exemption
Florida Amendment 5, the Annual Inflation Adjustment for Homestead Property Tax Exemption Value Amendment, was on the ballot in Florida as a legislatively referred constitutional amendment on November 5, 2024. It was approved with 60% of the vote.
The amendment provides for an annual inflation adjustment for the value of homestead property tax exemption. In Florida, property tax (millage) rates are set by counties, school districts, cities, and special districts. Homes in Florida 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. Another $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.
The amendment was referred to the ballot by the Florida State Legislature in 2022. It would have provided an additional homestead property tax exemption on $50,000 of assessed value on property owned by certain public service workers, including teachers, law enforcement officers, emergency medical personnel, active-duty military and National Guard members, and child welfare service employees. The amendment received 58.68% of the vote but failed due to the state's 60% supermajority requirement to adopt constitutional amendments.
The Palm Beach Post Editorial Board recommended that voters reject Amendment 5, arguing that it creates the deceptive impression that lawmakers are giving homeowners a bigger tax break. In reality, they argued, the amendment would diminish revenue badly needed for counties and municipalities to operate and provide essential services. The potential unintended consequences of the amendment, such as local governments raising millage rates or cost-shifts to businesses, also seemed to be rarely considered.
In addition to Amendment 5, there were five other constitutional amendments on the ballot in Florida in 2024: Amendments 1, 2, 3, 4, and 6. Of these, only Amendments 2 and 5 passed. Amendment 1 would have changed school board elections from nonpartisan to partisan. Amendment 2 enshrined hunting and fishing as a public right in the state constitution and established these activities as the preferred means for managing and controlling fish and wildlife. Amendment 3, which would have legalised the adult personal use of small amounts of marijuana, failed to pass. Amendment 4, which would have expanded abortion rights in the state, also failed to pass. Finally, Amendment 6 is not mentioned in the sources provided.
States' Power Over Public Health: The Constitutional Amendment
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Frequently asked questions
Six constitutional amendments were on the ballot in Florida in 2024.
Only two of the six constitutional amendments passed in Florida in 2024.
Amendments 2 and 5 passed in Florida in 2024.
Amendments 1, 3, 4, and 6 did not pass in Florida in 2024.
