The Florida Department of State’s Division of Elections posted the unofficial returns for the 2008 constitutional amendments, which may not include all the absentee or provisional ballots when these results were posted here on Red Hot & Blue. Check back for updates. I will also update this post once the final results are certified.

Four of the six amendments on the ballot received the required 60 percent needed to gain the three-fifths voter approval required for passage.

Amendment 1: Declaration of Rights - FAILED
Amendment 1 did not pass, gaining only 48 percent support. It is unfortunate that this amendment failed. It would have ended the Jim Crow-era law that allows the state to discriminate by prohibiting “aliens ineligible for citizenship” from owning property. The measure originates from early-1900s racism in California to prevent Asians from buying land. Stripping this from the Constitution would have been symbolic because no ethnic group is barred from citizenship based on their race. Florida is the last state to keep this discriminatory piece of the past in its Constitution. Obviously, the voters did not fully understood the proposal.

Yes - 3,397,599 - 47.9%
No - 3,697,346 - 52.1%

Amendment 2: Florida Marriage Protection Amendment- PASSED
Amendment 2 passed with 62 percent of the vote. This is not a surprise, but nonetheless unfortunate and a sad day for me and my partner of almost 10 years. This amendment bans marriage equality and any form of domestic partnerships (opposite or same-sex) that is to say that “no other legal union that is treated as marriage or the substantial equivalent thereof shall be valid or recognized.” It’s not so much that we need “gay marriage,” we need equal and fair treatment and to have the same rights and protections afforded to us as other couples. This ban was unnecessary because same-sex marriage is already illegal in Florida under the Defense of Marriage Act. This amendment writes discrimination into the Constitution.

Yes - 4,679,896 - 62.1%
No - 2,857,187 - 37.9%

Amendment 3: Changes and Improvements Not Affecting the Assessed Value of Residential Real Property - PASSED (unofficial)
Amendment 3 received the narrowest of approval, passing with only 60.4 percent of the vote. Property taxes will not increase due to storm-hardening or renewable energy-related improvements to a house, such as the addition of hurricane shutters or solar-energy panels. Keep an eye on amendment 3; it only passed by a hair with 60.4 percent approval and could change when all the absentee and provisional ballots have been counted.

Yes - 4,144,825 - 60.4%
No - 2,716,536 - 39.6%

Amendment 4: Property Tax Exemption of Perpetually Conserved Land; Classification and Assessment of Land Used for Conservation - PASSED
 Amendment 4 passed with 68 percent of the vote. This amendment will grant tax exemptions or reductions for property owners who agree to permanently preserve land. Hopefully, this win for the environment does not turn into a win for developers with land holdings who are waiting for the economy and the real estate market to rebound. Lawmakers will have to place restrictions on conservation classification to ensure there is a long-term public benefit, not a short-term tax dodge for developers. Also, this amendment should not give the Legislature an excuse to squeeze state land-buying programs. Let’s keep an eye on the Legislature to follow their implementation of this proposal and to make sure measures are in place to prevent loop holes for developers.

Yes - 4,640,963 - 68.4%
No - 2,142,536 - 31.6%

Amendment 6: Assessment of Working Waterfront Property Based Upon Current Use - PASSED
Amendment 6 received the largest margin of support among the proposals decided on November 4 with 70.5 percent approval. The amendment provides tax breaks for marinas, boat yards, commercial fishers, and other working-waterfront operations based on their current use not their “highest and best use.” The tax breaks should help keep some marine-related businesses operating and preserve public access to marinas and boat ramps. However, the amendment could offer wealthy developers loopholes to avoid paying their share of taxes, similar to how the agricultural exemptions get exploited. Watch to see how the Legislature implements the proposal.

Yes - 4,745,577 - 70.5%
No - 1,985,048 - 29.5%

Amendment 8: Local Option Community College Funding - FAILED
Amendment 8 failed with 43.5 percent of the vote. This amendment would have allowed county voters to vote on 5 year, local option sales taxes to supplement community college funding. There is no doubt that community colleges are invaluable resources for local communities; however, it is the state’s responsibility to provide stable funding for higher education.

Yes - 3,059,819 - 43.5%
No - 3,974,471 - 56.5%

Read the recommendation guide for background information on the 2008 Florida constitutional amendments.