Florida HB 641: Gender Identity Employment Practices

Bill Text

CS/HB 641 2026

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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; providing a short title; creating s. 3
112.0456, F.S.; providing definitions; specifying an 4
employment policy of this state relating to a person's 5
sex; providing applicability; prohibiting employees 6
and contractors of certain employers from being 7
required to use certain pronouns or requiring such 8
employers to use a pronoun that does not correspond to 9
the employee's or contractor's sex; prohibiting 10
certain forms from offering specified options relating 11
to an applicant's sex; prohibiting adverse personnel 12
action on the basis of gender ideology; providing 13
administrative and civil remedies; providing 14
reasonable attorney fees and costs; authorizing the 15
Department of Management Services to adopt rules; 16
amending s. 760.10, F.S.; providing it is an unlawful 17
employment practice for certain employers to require 18
certain training, instruction, or activity as a 19
condition of employment; reenacting s. 760.11(1) and 20
(15), F.S., relating to administrative and civil 21
remedies, to incorporate the amendment made to s. 22
760.10, F.S., in references thereto; providing an 23
effective date. 24
25

CS/HB 641 2026

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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. This act may be cited as the "Freedom of 28
Conscience in the Workplace Act." 29
Section 2. Section 112.0456, Florida Statutes, is created 30
to read: 31
112.0456 Personal pronouns.— 32
(1) As used in this section, the term: 33
(a) "Adverse personnel action" means the discharge, 34
suspension, transfer, demotion, or lack of promotion of an 35
employee or a contractor; the withholding of bonuses; the 36
withholding of promotional opportunities; the reduction in 37
salary or benefits; or any other adverse action taken against an 38
employee or a contractor within the terms and conditions of 39
employment by an employer. 40
(b) "Contractor" means an individual, partnership, 41
corporation, or business entity that enters or attempts to enter 42
into a contract for services with an employer. 43
(c) "Employee" means an individual employed by, or 44
attempting to be employed by, an employer. 45
(d) "Employer" means the state or any county, 46
municipality, or special district or any subdivision or agency 47
thereof. 48
(e) "Gender identity" means a fully internal and 49
subjective sense of self, disconnected from biological reality 50

CS/HB 641 2026

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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

and sex, and existing on an infinite continuum that does not 51
provide a meaningful basis for identification and cannot be 52
recognized as a replacement for sex. 53
(f) "Gender ideology" means the false belief that replaces 54
the biological category of sex with an ever-shifting concept of 55
self-assessed gender identity, permitting the false claim that 56
males can identify as and become women and vice versa, and 57
requiring all institutions of society to regard this false claim 58
as true. The term includes the idea that there is a vast 59
spectrum of genders that are disconnected from a person's sex. 60
Gender ideology is internally inconsistent in that it diminishes 61
sex as an identifiable or useful category but nevertheless 62
maintains that it is possible for a person to be born in the 63
wrong sexed body. 64
(g) "Sex" means the classification of a person as either 65
female or male based on the organization of the body of such 66
person for a specific reproductive role, as indicated by the 67
person's sex chromosomes, naturally occurring sex hormones, and 68
internal and external genitalia present at birth. 69
(2) It is the policy of this state that a person's sex is 70
an immutable biological trait and that it is false to ascribe to 71
a person a pronoun that does not correspond to such person's 72
sex. This section does not apply to individuals born with a 73
genetically or biochemically verifiable disorder of sex 74
development, including, but not limited to, 46,XX disorder of 75

CS/HB 641 2026

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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

sex development; 46,XY disorder of sex development; sex 76
chromosome disorder of sex development; XX or XY sex reversal; 77
and ovotesticular disorder. 78
(3) An employee or a contractor may not be required, as a 79
condition of employment or to avoid adverse personnel action, to 80
refer to another person using that person's preferred pronouns 81
if suc