Florida Amendment 2: Hunting Rights, FWC Rules, and Penalties

Florida’s Amendment 2 on hunting and fishing added a permanent right to hunt, fish, and take wildlife to the state constitution, and declared these activities the preferred way to manage wildlife. Voters approved it on November 5, 2024, with 67.34% in favor, clearing the 60% supermajority Florida requires for constitutional amendments.¹ The provision, now Article I, Section 28, took effect in early January 2025. It does not eliminate licensing, override trespass laws, or cut into the Fish and Wildlife Conservation Commission’s regulatory authority.

What the Amendment Says

The text is short. It preserves fishing, hunting, and the taking of fish and wildlife, including by traditional methods, forever as a public right and the preferred means of responsibly managing and controlling wildlife. It also states that nothing in the section limits the authority of the Fish and Wildlife Conservation Commission under Article IV, Section 9.¹

Two phrases carry most of the weight. “Traditional methods” likely protects practices like bow hunting, rod-and-reel fishing, and trapping from being singled out for prohibition. “Preferred means” turns public hunting and fishing into the default tool for wildlife management decisions, rather than professional culling or other administrative methods.

What Actually Changes

Before Amendment 2, hunting and fishing in Florida were governed entirely by statute, mainly Chapter 379 of the Florida Statutes.² A future legislature could have restricted or banned recreational hunting with a simple majority vote. That path is now closed.

To change a constitutional provision, either the legislature must propose another joint resolution or citizens must gather enough petition signatures, and then 60% of voters must approve. Courts also apply tougher scrutiny to laws that burden constitutional rights, so any future regulation that severely limits hunting or fishing would face a higher burden of justification. The practical effect is a shifted presumption in favor of access.

The “preferred means” language reaches further than individual rights. When the state faces overpopulated deer herds, invasive species, or fish stocks threatening ecosystem balance, the default response must now lean on public hunting and fishing. The FWC can still use other tools when necessary, such as rapid intervention during a wildlife disease outbreak, but regulated public seasons get the constitutional thumb on the scale.

What Doesn’t Change: FWC Still Regulates

The amendment explicitly preserves the Fish and Wildlife Conservation Commission’s powers. Under Article IV, Section 9 of the Florida Constitution, the FWC exercises regulatory and executive authority over wild animal life, freshwater aquatic life, and marine life.³ It is an independent body with its own staff for management, research, and enforcement.

The commission still sets hunting seasons, bag limits, legal methods of take, and species-specific rules. It can still restrict harvest of red drum or snook during spawning windows, cap the number of turkey or deer a hunter may take, and close areas for safety or conservation. The constitutional right prevents a wholesale ban. It does not override reasonable regulation.

You Still Need a License

Right-to-hunt amendments are often misread as eliminating license requirements. They do not. Article IV, Section 9 specifically states that license fees for taking wildlife are prescribed by general law and that fee revenue must fund management, protection, and conservation.³ Amendment 2 does nothing to disturb that.

Current Florida resident license fees include:

Hunting and freshwater fishing combination: $32.50 per year
Hunting, freshwater, and saltwater combination: $48.00 per year
Gold Sportsman’s License (all hunting and fishing privileges plus permits): $100.00 per year
Silver Sportsman’s License for residents 64 and older: $13.50 per year
Military Gold Sportsman’s License for active duty or retired military residents: $20.00 per year

Hunting or fishing without a valid license is a Level Three violation, which is a first-degree misdemeanor.⁴

Private Property and Trespass Still Apply

The right applies on public lands and waters, or on private land where the owner has given permission. Nothing in Amendment 2 overrides Florida’s trespass laws. Under Section 810.09, entering posted or fenced private property without authorization is a first-degree misdemeanor.⁵

For hunters, the stakes climb fast. Trespassing while armed with a firearm is a third-degree felony. Firing a projectile across private land without authorization is also a third-degree felony trespass.⁵ A hunter who misjudges a boundary while carrying a rifle faces far more serious consequences than an unarmed hiker making the same mistake. Posted signs, international-orange paint markings on trees or posts, and perimeter fencing all count as legally sufficient notice under Section 810.011.⁶

Penalties for Breaking FWC Rules

The right is a right to participate within the rules. Violations are organized into four levels of increasing severity under Section 379.401:⁴

Level One: A noncriminal infraction handled in county court. Refusing the citation or failing to appear becomes a second-degree misdemeanor.
Level Two: A second-degree misdemeanor on a first offense. Repeat violations within three to ten years escalate to a first-degree misdemeanor with mandatory fines of $250 to $750 and possible license suspension.
Level Three: A first-degree misdemeanor. A repeat Level Three within ten years carries a mandatory fine of at least $750 and license suspension.
Level Four: A third-degree felony, with potential prison time.

Poaching protected species, taking wildlife far in excess of bag limits, and commercial-scale illegal harvesting typically land at Level Three or Four. The amendment does not soften any of these consequences.

Harassing Hunters Is Still Illegal

The protection runs both ways. Under Section 379.105, intentionally interfering with someone lawfully hunting, trapping, or fishing on public lands, wildlife management areas, or public waters is prohibited, as is deliberately disturbing wildlife to prevent its taking.⁷ A first offense is a second-degree misdemeanor, with escalating penalties for repeat violations.⁴ With hunting and fishing now a constitutional right, legal challenges to this anti-harassment statute face an even steeper climb.

1
Ballotpedia. Florida Amendment 2, Right to Hunt and Fish Amendment (2024)
2
Florida House of Representatives. Florida Statutes Chapter 379 – Fish and Wildlife Conservation
3
Justia Law. Florida Constitution
4
The Florida Legislature. Florida Statutes 379.401 – Penalties
5
Florida Senate. Florida Statutes 810.09 – Trespass on Property Other Than Structure or Conveyance
6
The Florida Legislature. Florida Statutes 810.011 – Definitions
7
The Florida Legislature. Florida Statutes 379.105 – Harassment of Hunters, Trappers, or Fishers