Florida SB 1642: Gender Identity Employment Practices

Bill Text

1642 
Gender Identity Employment Practices 
2026-02-03T09:05:10Z 
Citing this act as the "Freedom of Conscience in the Workplace Act"; specifying an employment policy of this state relating to a person’s sex; providing applicability; prohibiting employees and contractors of certain employers from being required to use certain pronouns or requiring such employers to use a pronoun that does not correspond to the employee’s or contractor’s sex; prohibiting the inclusion on certain forms of specified options relating to an applicant’s sex; providing that it is an unlawful employment practice for certain employers to require certain training, instruction, or activity as a condition of employment, etc. 
Committee Substitute 1 
2026 
S 
2026-07-01T00:00:00Z 
GB 
General Bill 
c1 

 Florida Senate - 2026 CS for SB 1642 

 By the Committee on Governmental Oversight and Accountability; 
 and Senator McClain 

 585-02427-26 20261642c1 
 1 A bill to be entitled 
 2 An act relating to gender identity employment 
 3 practices; providing a short title; creating s. 
 4 112.0456, F.S.; defining terms; specifying an 
 5 employment policy of this state relating to a person’s 
 6 sex; providing applicability; prohibiting employees 
 7 and contractors of certain employers from being 
 8 required to use certain pronouns or requiring such 
 9 employers to use a pronoun that does not correspond to 
 10 the employee’s or contractor’s sex; prohibiting the 
 11 inclusion on certain forms of specified options 
 12 relating to an applicant’s sex; prohibiting adverse 
 13 personnel action on the basis of sincerely held 
 14 religious, moral, conscience-based, or biology-based 
 15 beliefs against gender ideology; providing 
 16 administrative and civil remedies; providing 
 17 reasonable attorney fees and costs; authorizing the 
 18 Department of Management Services to adopt rules; 
 19 amending s. 760.10, F.S.; providing that it is an 
 20 unlawful employment practice for certain employers to 
 21 require certain training, instruction, or activity as 
 22 a condition of employment; defining the term 
 23 “employer”; reenacting s. 760.11(1) and (15), F.S., 
 24 relating to administrative and civil remedies, to 
 25 incorporate the amendment made to s. 760.10, F.S., in 
 26 references thereto; providing an effective date. 
 27 
 28 Be It Enacted by the Legislature of the State of Florida: 
 29 
 30 Section 1. This act may be cited as the “Freedom of 
 31 Conscience in the Workplace Act.” 
 32 Section 2. Section 112.0456, Florida Statutes, is created 
 33 to read: 
 34 112.0456 Personal pronouns.— 
 35 (1) As used in this section, the term: 
 36 (a) “Adverse personnel action” means the discharge, 
 37 suspension, transfer, demotion, or lack of promotion of an 
 38 employee or a contractor or the withholding of bonuses, the 
 39 withholding of promotional opportunities, the reduction in 
 40 salary or benefits, or any other adverse action taken against an 
 41 employee or a contractor within the terms and conditions of 
 42 employment by an employer. 
 43 (b) “Contractor” means an individual, a partnership, a 
 44 corporation, or a business entity that enters or attempts to 
 45 enter into a contract for services with an employer. 
 46 (c) “Employee” means an individual employed by, or 
 47 attempting to be employed by, an employer. 
 48 (d) “Employer” means the state or any county, municipality, 
 49 or special district or any subdivision or agency thereof. 
 50 (e) “Gender identity” means a fully internal and subjective 
 51 sense of self, disconnected from biological reality and sex, and 
 52 existing on an infinite continuum that does not provide a 
 53 meaningful basis for identification and cannot be recognized as 
 54 a replacement for sex. 
 55 (f) “Gender ideology” means the false belief that replaces 
 56 the biological category of sex with an ever-shifting concept of 
 57 self-assessed gender identity, permitting the false claim that 
 58 males can identify as and become women and vice versa, and 
 59 requiring all institutions of society to regard this false claim 
 60 as true. The term includes the idea that there is a vast 
 61 spectrum of genders that are disconnected from a person’s sex. 
 62 Gender ideology is internally inconsistent in that it diminishes 
 63 sex as an identifiable or useful category but nevertheless 
 64 maintains that it is possible for a person to be born in the 
 65 wrong sexed body. 
 66 (g) “Sex” means the classification of a person as either 
 67 female or male based on the organization of the body of such 
 68 person for a specific reproductive role, as indicated by the 
 69 person’s sex chromosomes, naturally occurring sex hormones, and 
 70 internal and external genitalia present at birth. 
 71 (2) It is the policy of this state that a person’s sex is 
 72 an immutable biological trait and that it is false to ascribe to 
 73 a person a pronoun that does not correspond to such person’s 
 74 sex.