As lawmakers in Tallahassee spar over headline issues like property tax relief, redistricting and immigration enforcement, a quieter set of proposals could reshape how Florida law treats members of the LGBTQ+ community.
The bills, filed on both sides of the LGBTQ culture war, span outdated rules on same-sex marriage, flags on government property, pronoun use in workplaces, health care, criminal law and gender ideology in public schools — reviving familiar debates through measures framed around parental rights, free speech or government neutrality.
Anti same-sex marriage statute repeal
Boca Raton Democrat Sen. Tina Polsky and House Democratic Leader Fentrice Driskell of Tampa filed legislation (SB 952, HB 6019) to repeal dormant language in Florida law prohibiting same-sex marriage. The provision has been unenforceable for years following federal court rulings and the U.S. Supreme Court’s decision legalizing same-sex marriage nationwide in 2015, but language remains on the books.
Flags displayed on public property
Jacksonville Republican Sen. Clay Yarborough and Doral Republican Rep. David Borrero filed bills (SB 426, HB 347) to prohibit governmental entities from displaying any flag on public property other than a limited list of approved flags.
Approved flags include the U.S. flag, state flags, local government flags, the flag of a branch of the U.S. armed forces, a POW-MIA flag, the flag of an Indian tribe, the flag of a public school, official Paralympic or Olympic flags, the flag of any sporting organization hosting events in the state, and “a flag of historical significance to the government of the United States or this state.”
The bills would specifically bar flags that contain or depict symbols representing political ideology, race, gender or sexual orientation. Violations would be subject to a $500-per-day civil fine.
Workplace pronoun use
Republican Ocala Sen. Stan McClain and Republican Longwood Rep. Rachel Plakon filed legislation (SB 1642, HB 641) to prohibit covered public employers from requiring employees or contractors to use another person’s preferred pronouns if those pronouns do not correspond to the person’s sex.
The bills, titled the “Freedom of Conscience in the Workplace Act,” would also bar employees from requiring employers to use pronouns that do not correspond to the employee’s sex.
The measures would require that any employment forms requesting a person’s sex provide only “male” or “female” as options. Language would also prohibit employers that receive state funding from requiring training or instruction related to sexual orientation, gender identity or gender expression as a condition of employment.
Health care and Medicaid coverage
Miami Gardens Democrat Sen. Shevrin Jones and Orlando Democrat Rep. Anna Eskamani filed measures (SB 782, HB 681), known as the Health Care Freedom Act. The bills include provisions that would require Medicaid reimbursement for medically necessary treatment related to gender dysphoria. The bills would also prohibit discrimination in reimbursement decisions based on gender identity.
Criminal law and the ‘panic defense’
Sen. Carlos Guillermo Smith and Rep. Jennifer Harris, both Orlando Democrats, filed legislation (SB 336, HB 317) to eliminate the so-called “gay or transgender panic” defense in criminal cases.
The proposals would prohibit defendants from justifying or excusing violent conduct or seeking reduced charges or sentences based on a victim’s actual or perceived sex, sexual orientation, gender identity or gender expression — including claims involving a nonviolent sexual advance. Similar proposals have been introduced in past Sessions but have failed to clear the Legislature.
Schools and parental rights
Bills filed by Republican Fort Pierce Sen. Erin Grall and Republican St. Johns Rep. Kim Kendall (SB 166, HB 173) revisit how sexual orientation and gender identity may be addressed in public schools — an issue that has generated repeated legislative action in recent years.
The bills would prohibit “classroom instruction” on sexual orientation or gender identity in prekindergarten through eighth grade. Instruction in ninth through 12th grade would be permitted only if deemed age-appropriate or developmentally appropriate under state standards.
If approved, the bills would also expand parental notification requirements by directing school personnel to “encourage a student to discuss issues relating to his or her well-being with his or her parents.” School Districts would be barred from adopting policies that prevent staff from notifying parents about such issues, unless a “reasonably prudent” person would believe disclosure could result in abuse, abandonment or neglect.
Additional provisions require parental notice and consent before administering certain student questionnaires or screenings related to health or well-being.