Text of FL H 75 (2025)

Display of Flags by Governmental Entities

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HB 75 2025 CODING: Words stricken are deletions; words underlined are additions. hb75-00 Page 1 of 3 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S A bill to be entitled 1 An act relating to the display of flags by 2 governmental entities; creating s. 256.045, F.S.; 3 defining the term "governmental entity"; prohibiting 4 governmental entities from erecting or displaying 5 certain flags; requiring governmental entities to 6 remain neutral in certain circumstances; providing 7 applicability; requiring that a United States flag 8 displayed by governmental entities be in a certain 9 position relative to other flags; authorizing a 10 current or retired member of the United States Armed 11 Forces or the National Guard to use reasonable force 12 to prevent the desecration, destruction, or removal of 13 the United States flag or to replace such flag to a 14 position of prominence; providing an exception; 15 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 20 to 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 HB 75 2025 CODING: Words stricken are deletions; words underlined are additions. hb75-00 Page 2 of 3 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S 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 the National Guard may at any time use reasonable 44 force to prevent the desecration, destruction, or removal of the 45 United States flag or to replace the United States flag to a 46 position of prominence consistent with subsection (3), except 47 when 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 HB 75 2025 CODING: Words stricken are deletions; words underlined are additions. hb75-00 Page 3 of 3 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S Section 2. This act shall take effect July 1, 2025. 51