Florida Senate - 2024                                    SB 1120
       
       
        
       By Senator Martin
       
       
       
       
       
       33-00775C-24                                          20241120__
    1                        A bill to be entitled                      
    2         An act relating to the display of flags by
    3         governmental entities; creating s. 256.045, F.S.;
    4         providing a definition; prohibiting certain
    5         governmental entities from erecting or displaying
    6         certain flags; requiring the governmental entity to
    7         remain neutral in certain circumstances; providing
    8         applicability; requiring certain governmental entities
    9         to display the United States flag in a certain
   10         position; authorizing a current or retired member of
   11         the United States Armed Forces or the National Guard
   12         to use reasonable force to prevent the desecration,
   13         destruction, or removal of the United States flag or
   14         to replace such flag to a position of prominence;
   15         providing an exception; providing an effective date.
   16          
   17  Be It Enacted by the Legislature of the State of Florida:
   18  
   19         Section 1. Section 256.045, Florida Statutes, is created to
   20  read:
   21         256.045 Display of flags; governmental agencies, local
   22  governments, or other units of local government.—
   23         (1) For purposes of this section, the term “governmental
   24  entity” means a governmental agency, a local government, or
   25  another unit of local government and includes public schools,
   26  public colleges, and public universities.
   27         (2)(a) A governmental entity may not erect or display a
   28  flag that represents a political viewpoint, including, but not
   29  limited to, a politically partisan, racial, sexual orientation
   30  and gender, or political ideology viewpoint. The governmental
   31  entity must remain neutral when representing political
   32  viewpoints in displaying or erecting a flag.
   33         (b) This subsection does not limit the ability of:
   34         1. A private individual to express private speech or
   35  viewpoints or exercise rights protected by the First Amendment
   36  to the United States Constitution.
   37         2. A governmental entity to display or erect a flag
   38  required or authorized by general law.
   39         (3) A governmental entity that displays the United States
   40  flag must display the United States flag in a prominent position
   41  that is superior to any other flag that is also displayed.
   42         (4) An active or retired member of the United States Armed
   43  Forces or National Guard at any time may use reasonable force to
   44  prevent the desecration, destruction, or removal of the United
   45  States flag or to replace the United States flag to a position
   46  of prominence consistent with subsection (3), except when
   47  directly ordered not to use such force by a law enforcement
   48  officer acting in the course and scope of the law enforcement
   49  officer’s employment.
   50         Section 2. This act shall take effect July 1, 2024.