Abortion, weed, school boards: What Florida constitutional amendments are on the ballot?

The presidential election gets all the national headlines, but there are some controversial constitutional amendments on the November ballot that could allow voters to make major changes in Florida.

Will recreational marijuana become legal? Will abortion access be protected despite the state laws to limit it? Those are the two big ones, but there are four more you may not be aware of. Other amendments would repeal public campaign financing and make school board elections partisan, among other things.

The general election will be on Tuesday, Nov. 5, 2024, and each amendment must garner at least 60% of the vote to pass. Here's what you need to know before you head to the ballot box or mail in your ballot.

Amendment 1 - Partisan School Board Members

"PARTISAN ELECTION OF MEMBERS OF DISTRICT SCHOOL BOARDS.— Proposing amendments to the State Constitution to require members of a district school board to be elected in a partisan election rather than a nonpartisan election and to specify that the amendment only applies to elections held on or after the November 2026 general election. However, partisan primary elections may occur before the 2026 general election for purposes of nominating political party candidates to that office for placement on the 2026 general election ballot."

Voting yes on this amendment (HJR 31 would make district school board elections partisan again, the way they were before voters decided to make them nonpartisan in 1998, and candidates' political parties would be listed with their names on ballots.

Voting no would leave the races nonpartisan.

Supporters say these races — often highly politically contentious these last few years over hot-button issues such as COVID mitigation and book banning, with Gov. DeSantis even weighing in to influence races — are already becoming partisan and this would add more transparency. Critics say this would just increase the partisanship.

Amendment 2 - Right to Hunt and Fish

"RIGHT TO FISH AND HUNT.—Proposing an amendment to the State Constitution to preserve forever fishing and hunting, including by the use of traditional methods, as a public right and preferred means of responsibly managing and controlling fish and wildlife. Specifies that the amendment does not limit the authority granted to the Fish and Wildlife Conservation Commission under Section 9 of Article IV of the State Constitution."

Voting yes would make hunting and fishing "preserved forever as a public right" in the Florida constitution and establish that hunting and fishing are the preferred means for "responsibly managing and controlling fish and wildlife."

It's that second bit that's causing concern. There are around two dozen states that guarantee a right to hunt and fish and such a declaration seems harmless enough. But HJR 31 has been questioned as unnecessary and some conservationists worry this would be used to limit conservationist efforts if they impact on hunting or fishing limits.

Voting no would leave things as they are.

Amendment 3 - Recreational marijuana

"ADULT PERSONAL USE OF MARIJUANA.—Allows adults 21 years or older to possess, purchase, or use marijuana products and marijuana accessories for non-medical personal consumption by smoking, ingestion, or otherwise; allows Medical Marijuana Treatment Centers, and other state licensed entities, to acquire, cultivate, process, manufacture, sell, and distribute such products and accessories. Applies to Florida law; does not change, or immunize violations of, federal law. Establishes possession limits for personal use. Allows consistent legislation. Defines terms. Provides effective date."

Voting yes means anyone 21 years old and older would be able to use and possess up to 3 ounces of marijuana with not more than 5 grams in a concentrated form (with assorted restrictions). Pot could be sold through marijuana dispensaries without the need for a medical marijuana card.

Voting no keeps recreational marijuana illegal.

Smart & Safe Florida proposed this amendment and nearly $55 million from the state's largest medical marijuana operator Trulieve launched it. Attorney John Morgan, who was instrumental in getting medical marijuana legalized, has endorsed the amendment. If it passes, Florida would become the 25th state to legalize marijuana for fun rather than just medical use.

In a survey of likely Florida voters from the University of North Florida’s Public Opinion Research Lab released this week, 64% were in favor of recreational marijuana. But Gov. Ron DeSantis, other GOP leaders, and police groups around the state and the Florida Sheriffs Association oppose it. DeSantis launched Florida Freedom Fund, a group partly devoted to funding opposition to Amendment 3, chaired by the governor’s chief of staff, James Uthmeier.

Supporters say making it legal would remove some of the power of Central American drug cartels, decrease gang violence, ease the workloads and expense of law enforcement and the justice system, ensure that marijuana users have a safe, regulated product, and bring in potentially hundreds of millions in tax revenue for the state.

Critics say it would increase criminal activity, traffic accidents, homelessness and hospitalizations. DeSantis has said the measure would be "bad for quality of life" because "this state will start to smell like marijuana in our cities and towns."

Amendment 4 - Abortion Access

"AMENDMENT TO LIMIT GOVERNMENT INTERFERENCE WITH ABORTION: No law shall prohibit, penalize, delay, or restrict abortion before viability or when necessary to protect the patient’s health, as determined by the patient’s healthcare provider. This amendment does not change the Legislature’s constitutional authority to require notification to a parent or guardian before a minor has an abortion."

This is likely to be the biggest fight and the one most likely to get national attention. In the same year the state limited abortion to the first six weeks of gestation, before many people even know they're pregnant, this amendment would void that law.

Voting yes would make abortion legal until fetal viability, which is generally considered to be around 23-24 weeks. It would also allow abortions when necessary to protect a patient’s health, as determined by a health care provider. 

Voting no would leave abortions illegal in Florida after 6 weeks unless two physicians are willing to state that the pregnant person would die without one.

DeSantis, Florida Republicans and anti-abortion groups are strongly against this amendment, claiming it is too vague and will lead to an unregulated abortion industry. Supporters say it will put control over the pregnant person's body back where it belongs, with the person and their healthcare provider.

In the UNF poll, 69% of those surveyed said they'd vote yes compared to only 23% saying no.

Amendment 5 - Homestead Annual Inflation Adjustment

"ANNUAL ADJUSTMENT TO HOMESTEAD EXEMPTION VALUE: Proposing an amendment to the State Constitution to require an annual adjustment for inflation to the value of current or future homestead exemptions that apply solely to levies other than school district levies and for which every person who has legal or equitable title to real estate and maintains thereon the permanent residence of the owner, or another person legally or naturally dependent upon the owner is eligible. This amendment takes effect January 1, 2025."

This one, HJR 7017, came from the Florida legislature and would tie a portion of homestead property tax exemptions to inflation rates.

Voting yes could mean savings for homeowners who apply for homestead exemptions.

Voting no would leave homestead exemption rates as they are now.

Critics say that this could hurt local government revenues by draining non-school government property taxes by nearly $23 million in the 2025-26 fiscal year and $112 million within a few years, according to a legislative analysis.

Amendment 6 - Public Campaign Financing

"REPEAL OF PUBLIC CAMPAIGN FINANCING REQUIREMENT: Proposing the repeal of the provision in the State Constitution which requires public financing for campaigns of candidates for elective statewide office who agree to campaign spending limits."

Voting yes means there would be no more public funding for candidates for governor/lieutenant governor, attorney general, chief financial officer and agriculture commissioner.

Voting no leaves things as they are.

Currently, candidates for those offices can receive public funding once they raise a certain amount themselves — $150,000 for governor and $100,000 for cabinet positions — from state residents. They must also abide by state campaign finance laws as well as certain contribution limits.

Supporters say the amendment would save taxpayer money and help fund other government services. Critics say it will benefit candidates getting big-donor cash.

Florida voters added public funding to the state constitution in 1998.  A 2010 constitutional amendment that tried to repeal the financing failed, getting less than 53% of the vote.

When are the 2024 elections in Florida?

Florida's next State Primary Election will be held Tuesday, Aug. 20, 2024. The deadline to register to vote in the primary or change your party affiliation was Monday, July 22. The deadline to request a vote-by-mail ballot is Thursday, Aug. 8.

The State General Election will be Tuesday, Nov. 5, 2024. The deadline to register to vote in the general election is Monday, Oct. 7. The deadline to request a vote-by-mail ballot is Thursday, Oct. 24.

When is early voting in Florida?

The early voting period must start on at least the 10th day before the election and end on the third day before the election for a minimum of eight days of early voting, although Supervisors of Elections may expand that if desired. Early voting hours may run from eight to 12 hours per day for each site.

This year, early elections will run from Saturday, Oct. 26 to Saturday, Nov. 2.