S 426

Florida Senate - 2026  SB 426
By Senator Yarborough
4-00812-26  2026426__
1A bill to be entitled
2An act relating to the adoption and display of flags
3by governmental entities; creating s. 256.18, F.S.;
4defining the term “governmental entity”; prohibiting a
5governmental entity from displaying, placing, or
6causing to be placed certain flags on real property;
7providing a penalty; specifying flags a governmental
8entity may display on such property; providing
9requirements for a governmental entity that displays
10the flag of the United States; creating s. 256.19,
11F.S.; defining the term “local government”;
12prohibiting a local government from adopting certain
13ordinances or regulations relating to the flag of the
14local government; providing that certain ordinances
15and regulations are void; providing an effective date.
16
17Be It Enacted by the Legislature of the State of Florida:
18
19Section 1. Section 256.18, Florida Statutes, is created to
20read:
21256.18 Governmental entities; display of flags.—
22(1) As used in this section, the term “governmental entity”
23means a state, county, municipality, special district, or other
24political subdivision, whether executive, judicial, or
25legislative, including, but not limited to, a department,
26division, board, bureau, commission, authority, or district, or
27an agency thereof, or a public school, Florida College System
28institution, state university, or associated board.
29(2)(a) A governmental entity may not:
301. Display any flag on real property other than a flag
31listed in subsection (3).
322. Place or cause to be placed a flag authorized to be
33displayed under subsection (3) which contains or depicts any
34word, figure, mark, picture, design, drawing, symbol, or
35advertisement of any nature which represents political
36partisanship, political ideology, race, gender, or sexual
37orientation.
38(b) A governmental entity that violates this subsection is
39liable for a civil fine in the amount of $500 per day. Proceeds
40from fines collected by the Department of State shall be
41deposited into the General Revenue Fund.
42(3) A governmental entity may display on real property:
43(a) The flag of the United States.
44(b) The state flag.
45(c) The flag of another state or another country.
46(d) The flag of a city, county, municipality, or other
47political subdivision of this state.
48(e) The flag of a branch of the United States Armed Forces.
49(f) A POW-MIA flag pursuant to this chapter.
50(g) The flag of an Indian tribe recognized by the United
51States.
52(h) The official flag of a public school, Florida College
53System institution, or state university.
54(i) A flag of historical significance to the government of
55the United States or this state.
56(j) The official flag of the United States Paralympic
57Committee, the International Olympic Committee, or the
58International Paralympic Committee.
59(k) The Olympic flag or Paralympic flag representing games
60that have occurred or will occur in this state.
61(l) The flag of any sporting organization that is hosting,
62has hosted, or will host a sporting event in this state.
63(4) A governmental entity that displays the United States
64flag must display the flag in a prominent position that is
65superior to any other flag on display.
66Section 2. Section 256.19, Florida Statutes, is created to
67read:
68256.19 Local government flags; prohibited acts.—
69(1) As used in this section, the term “local government”
70means a city, county, municipality, or other political
71subdivision of this state.
72(2) A local government may not adopt an ordinance or
73regulation that authorizes the flag of the local government to
74contain or depict any word, figure, mark, picture, design,
75drawing, symbol, or advertisement of any nature which represents
76political partisanship, political ideology, race, gender, or
77sexual orientation.
78(3) Any existing or future ordinance or regulation adopted
79by a local government which is in conflict with subsection (2)
80is void.
81Section 3. This act shall take effect July 1, 2026.