HB 599 2024
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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 gender identity employment 2
practices; creating s. 110.1051, F.S.; providing 3
definitions; specifying an employment policy of the 4
state relating to a person's sex; providing 5
applicability; prohibiting employees and contractors 6
of certain employers from being required to use, from 7
providing, and from being asked to provide certain 8
titles and pronouns; prohibiting employees and 9
contractors from bein g penalized or subjected to 10
certain actions for not providing certain titles and 11
pronouns; prohibiting adverse personnel action on the 12
basis of deeply held religious or biology -based 13
beliefs; providing administrative and civil remedies; 14
authorizing the Department of Management Services to 15
adopt rules; amending s. 760.10, F.S.; providing that 16
it is an unlawful employment practice for a nonprofit 17
organization and certain employers to require certain 18
training, instruction, or activity as a condition of 19
employment; defining the term "nonprofit 20
organization"; reenacting s. 760.11(1) and (15), F.S., 21
relating to administrative and civil remedies, to 22
incorporate the amendment made to s. 760.10, F.S., in 23
references thereto; providing an effective date. 24
25
HB 599 2024
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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
Be It Enacted by the Legislature of the State of Florida: 26
27
Section 1. Section 110.1051, Florida Statutes, is created 28
to read: 29
110.1051 Personal titles and pronouns. — 30
(1) As used in this section, the term: 31
(a) "Adverse personnel action" means the discharge , 32
suspension, transfer, or demotion of an employee or a contractor 33
or the withholding of bonuses, the reduction in salary or 34
benefits, or any other adverse action taken against an employee 35
or a contractor within the terms and conditions of employment by 36
an employer. 37
(b) "Contractor" means an individual, partnership, 38
corporation, or business entity that enters or attempts to enter 39
into a contract for services with an employer. 40
(c) "Employee" means an individual employed by, or 41
attempting to be employed b y, an employer. 42
(d) "Employer" means the state or any county, 43
municipality, or special district or any subdivision or agency 44
thereof. 45
(e) "Sex" means the classification of a person as either 46
female or male based on the organization of the body of such 47
person for a specific reproductive role, as indicated by the 48
person's sex chromosomes, naturally occurring sex hormones, and 49
internal and external genitalia present at birth. 50
HB 599 2024
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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
(2) It is the policy of the state that a person's sex is 51
an immutable biologica l trait and that it is false to ascribe to 52
a person a pronoun that does not correspond to such person's 53
sex. This section does not apply to individuals born with a 54
genetically or biochemically verifiable disorder of sex 55
development, including, but not limi ted to, 46, XX disorder of 56
sex development; 46, XY disorder of sex development; sex 57
chromosome disorder of sex development; XX or XY sex reversal; 58
and ovotesticular disorder. 59
(3) An employee or a contractor may not be required, as a 60
condition of employme nt, to refer to another person using that 61
person's preferred personal title or pronouns if such personal 62
title or pronouns do not correspond to that person's sex. 63
(4) An employee or a contractor may not provide to an 64
employer his or her preferred persona l title or pronouns if such 65
preferred personal title or pronouns do not correspond to his or 66
her sex. 67
(5) An employee or a contractor may not be asked by an 68
employer to provide his or her preferred personal title or 69
pronouns or be penalized or subjected to adverse personnel 70
action for not providing his or her preferred personal title or 71
pronouns. 72
(6)(a) It is an unlawful employment practice for an 73
employer to take adverse personnel action against an employee or 74
a contractor because of the employee's or contractor's deeply 75
HB 599 2024
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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
held religious or biology -based beliefs, including a belief in 76
traditional or Biblical views of sexuality and marriage, or the 77
employee's or contractor's disagreement with gender ideology, 78
whether those views are expressed by the employee or contractor 79
at or away from the worksite. 80
(b) An employee or a contractor aggrieved by a violation 81
of this subsection may avail himself or herself to the 82
administrative and civil remedies provided in s. 760.11. 83
(7) The Department of Management Services may adopt rules 84
to administer this section. 85
Section 2. Subsections (10) and (11) of se ction 760.10, 86
Florida Statutes, are renumbered as subsections (11) and (12), 87
respectively, and a new subsection (10) is added to that 88
section, to read: 89
760.10 Unlawful employment practices. — 90
(10) It is an unlawful employment practice for a nonprofit 91
organization or an employer who receives funding from the state 92
to require, as a condition of employment, any training, 93
instruction, or other activity on sexual orientation, gender 94
identity, or gender expression. For purposes of this subsection, 95
the term "nonprofit organization" means any organization that is 96
exempt from taxation pursuant to 26 U.S.C. s. 501, or any 97
federal, state, or local governmental entity. 98
Section 3. For the purpose of incorporating the amendment 99
made by this act to section 760.10, F lorida Statutes, in a 100
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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
reference thereto, Subsections (1) and (15) of section 760.11, 101
Florida Statutes, are reenacted to read: 102
760.11 Administrative and civil remedies; construction. — 103
(1) Any person aggrieved by a violation of ss. 760.01 -104
760.10 may file a complaint with the commission within 365 days 105
of the alleged violation, naming the employer, employment 106
agency, labor organization, or joint labor -management committee, 107
or, in the case of an alleged violation of s. 760.10(5), the 108
person responsible for the violation and describing the 109
violation. Any person aggrieved by a violation of s. 509.092 may 110
file a complaint with the commission within 365 days of the 111
alleged violation naming the person responsible for the 112
violation and describing the violation. Th e commission, a 113
commissioner, or the Attorney General may in like manner file 114
such a complaint. On the same day the complaint is filed with 115
the commission, the commission shall clearly stamp on the face 116
of the complaint the date the complaint was filed wit h the 117
commission. In lieu of filing the complaint with the commission, 118
a complaint under this section may be filed with the federal 119
Equal Employment Opportunity Commission or with any unit of 120
government of the state which is a fair -employment-practice 121
agency under 29 C.F.R. ss. 1601.70 -1601.80. If the date the 122
complaint is filed is clearly stamped on the face of the 123
complaint, that date is the date of filing. The date the 124
complaint is filed with the commission for purposes of this 125
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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 is the earliest da te of filing with the Equal Employment 126
Opportunity Commission, the fair -employment-practice agency, or 127
the commission. The complaint shall contain a short and plain 128
statement of the facts describing the violation and the relief 129
sought. The commission may r equire additional information to be 130
in the complaint. The commission, within 5 days of the complaint 131
being filed, shall by registered mail send a copy of the 132
complaint to the person who allegedly committed the violation. 133
The person who allegedly committed the violation may file an 134
answer to the complaint within 25 days of the date the complaint 135
was filed with the commission. Any answer filed shall be mailed 136
to the aggrieved person by the person filing the answer. Both 137
the complaint and the answer shall be v erified. 138
(15) In any civil action or administrative proceeding 139
brought pursuant to this section, a finding that a person 140
employed by the state or any governmental entity or agency has 141
violated s. 760.10 shall as a matter of law constitute just or 142
substantial cause for such person's discharge. 143
Section 4. This act shall take effect July 1, 2024. 144