HB 75 2025
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hb75-00
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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 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
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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
another unit of local government and includes public schools, 26
public colleges, and pub lic 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 gover nmental 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 remova l 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 enforceme nt 49
officer's employment. 50
HB 75 2025
CODING: Words stricken are deletions; words underlined are additions.
hb75-00
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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 2. This act shall take effect July 1, 2025. 51