Florida Senate - 2025                                     SB 100
       
       
        
       By Senator Fine
       
       
       
       
       
       19-00465-25                                            2025100__
    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         defining the term “governmental entity”; prohibiting
    5         governmental entities from erecting or displaying
    6         certain flags; requiring governmental entities to
    7         remain neutral in certain circumstances; providing
    8         applicability; requiring that a United States flag
    9         displayed by governmental entities be in a certain
   10         position relative to other flags; authorizing a
   11         current or retired member of the United States Armed
   12         Forces or the National Guard to use reasonable force
   13         to prevent the desecration, destruction, or removal of
   14         the United States flag or to replace such flag to a
   15         position of prominence; providing an exception;
   16         providing an effective date.
   17          
   18  Be It Enacted by the Legislature of the State of Florida:
   19  
   20         Section 1. Section 256.045, Florida Statutes, is created to
   21  read:
   22         256.045 Display of flags; governmental agencies, local
   23  governments, or other units of local government.—
   24         (1) For purposes of this section, the term “governmental
   25  entity” means a governmental agency, a local government, or
   26  another unit of local government and includes public schools,
   27  public colleges, and public universities.
   28         (2)(a) A governmental entity may not erect or display a
   29  flag that represents a political viewpoint, including, but not
   30  limited to, a politically partisan, racial, sexual orientation
   31  and gender, or political ideology viewpoint. The governmental
   32  entity must remain neutral when representing political
   33  viewpoints in displaying or erecting a flag.
   34         (b) This subsection does not limit the ability of:
   35         1. A private individual to express private speech or
   36  viewpoints or exercise rights protected by the First Amendment
   37  to the United States Constitution.
   38         2. A governmental entity to display or erect a flag
   39  required or authorized by general law.
   40         (3) A governmental entity that displays the United States
   41  flag must display the United States flag in a prominent position
   42  that is superior to any other flag that is also displayed.
   43         (4) An active or retired member of the United States Armed
   44  Forces or the National Guard may at any time use reasonable
   45  force to prevent the desecration, destruction, or removal of the
   46  United States flag or to replace the United States flag to a
   47  position of prominence consistent with subsection (3), except
   48  when directly ordered not to use such force by a law enforcement
   49  officer acting in the course and scope of the law enforcement
   50  officer’s employment.
   51         Section 2. This act shall take effect July 1, 2025.