Florida 2025 Regular Session Status: In Committee 1 R cosponsors

SB 440 — Gender Identity Employment Practices

Last action — Died in Judiciary

Track this bill free

No card. One bill, free forever — alerts when it moves.

  1. ✓
    Introduced
  2. 2
    In Committee
  3. 3
    Passed Senate
  4. 4
    Passed House
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 2025 Regular Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Summary

Gender Identity Employment Practices; 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; prohibiting employees and contractors of certain employers from being required to use certain pronouns or requiring such employer to use a pronoun that does not correspond to the employee’s or contractor’s sex; providing that it is an unlawful employment practice for the state or any county, municipality, special district, or other political subdivision to require certain training, instruction, or activity as a condition of employment, etc.

Bill Text

What changed in the latest version

149 added · 170 removed

149 line(s) added, 170 removed.

→
Previous
Latest
Florida Senate - 2025 SB 440 By Senator McClain 9-00748C-25 2025440__ A bill to be entitled An act relating to gender identity employment practices;
Florida Senate - 2025 CS for SB 440 By the Committee on Governmental Oversight and Accountability;
and Senator McClain 585-02844-25 2025440c1 A bill to be entitled An act relating to gender identity employment practices;
prohibiting adverse personnel action on the basis of deeply held religious, moral, conscience-based, or biology-based beliefs;
providing administrative and civil remedies;
providing reasonable attorney fees and costs;
Page 1 of 6 CODING:
Section 1.
Words stricken are deletions;
words underlined are additions.
Florida Senate - 2025 SB 440 9-00748C-25 2025440__ Section 1.
110.1051 Personal pronouns.— (1) As used in this section, the term:
Page 1 of 5 CODING:
Words stricken are deletions;
words underlined are additions.
Florida Senate - 2025 CS for SB 440 585-02844-25 2025440c1 110.1051 Personal pronouns.— (1) As used in this section, the term:
(f) “Gender ideology” means the false belief that replaces the biological category of sex with an ever-shifting concept of self-assessed gender identity, permitting the false claim that Page 2 of 6 CODING:
(f) “Gender ideology” means the false belief that replaces the biological category of sex with an ever-shifting concept of self-assessed gender identity, permitting the false claim that males can identify as and become women and vice versa, and requiring all institutions of society to regard this false claim as true.
The term includes the idea that there is a vast spectrum of genders that are disconnected from a person’s sex.
The term is internally inconsistent in that it diminishes sex as Page 2 of 5 CODING:
Florida Senate - 2025 SB 440 9-00748C-25 2025440__ males can identify as and become women and vice versa, and requiring all institutions of society to regard this false claim as true.
Florida Senate - 2025 CS for SB 440 585-02844-25 2025440c1 an identifiable or useful category but nevertheless maintains that it is possible for a person to be born in the wrong sexed body.
The term includes the idea that there is a vast spectrum of genders that are disconnected from a person’s sex.
The term is internally inconsistent in that it diminishes sex as an identifiable or useful category but nevertheless maintains that it is possible for a person to be born in the wrong sexed body.
Page 3 of 6 CODING:
(5) A job application or other related employment form that requires an applicant to mark his or her sex may only inquire if the applicant is male or female and may not provide a nonbinary or other option.
(6) The Department of Management Services may adopt rules Page 3 of 5 CODING:
Florida Senate - 2025 SB 440 9-00748C-25 2025440__ (5) A job application or other related employment form that requires an applicant to mark his or her sex may only inquire if the applicant is male or female and may not provide a nonbinary or other option.
Florida Senate - 2025 CS for SB 440 585-02844-25 2025440c1 to administer this section.
(6)(a) It is an unlawful employment practice for an employer to take adverse personnel action against an employee or a contractor because of the employee’s or contractor’s deeply held religious, moral, conscience-based, or biology-based beliefs, including a belief in traditional or Biblical views of sexuality and marriage, or the employee’s or contractor’s disagreement with gender ideology, whether those views are expressed by the employee or contractor at or away from the worksite.
(b) An employee or a contractor aggrieved by a violation of this subsection may avail himself or herself of the administrative and civil remedies provided in s.
760.11.
The court shall award reasonable attorney fees and costs to the prevailing party.
(7) The Department of Management Services may adopt rules to administer this section.
760.10 Unlawful employment practices.— (10) It is an unlawful employment practice for the state or any county, municipality, special district, or other political subdivision to require, as a condition of employment, any training, instruction, or other activity on sexual orientation, Page 4 of 6 CODING:
760.10 Unlawful employment practices.— (10) It is an unlawful employment practice for the state or any county, municipality, special district, or other political subdivision to require, as a condition of employment, any training, instruction, or other activity on gender identity or gender expression.
Words stricken are deletions;
words underlined are additions.
Florida Senate - 2025 SB 440 9-00748C-25 2025440__ gender identity, or gender expression.
On the same day the complaint is filed with the commission, the commission shall clearly stamp on the face of the complaint the date the complaint was filed with the commission.
On the same day the complaint is filed with the commission, the commission shall clearly stamp on the face Page 4 of 5 CODING:
Words stricken are deletions;
words underlined are additions.
Florida Senate - 2025 CS for SB 440 585-02844-25 2025440c1 of the complaint the date the complaint was filed with the commission.
The date the complaint is filed with the commission for purposes of this section is the earliest date of filing with the Equal Employment Page 5 of 6 CODING:
The date the complaint is filed with the commission for purposes of this section is the earliest date of filing with the Equal Employment Opportunity Commission, the fair-employment-practice agency, or the commission.
Words stricken are deletions;
words underlined are additions.
Florida Senate - 2025 SB 440 9-00748C-25 2025440__ Opportunity Commission, the fair-employment-practice agency, or the commission.
Page 6 of 6 CODING:
Page 5 of 5 CODING:
View plain text versions (2)

How this bill changes current law

6 changes Share ↗

AI-generated reading aid from the bill's amendatory text — verify against the official bill.

The bill creates new provisions regarding the use of pronouns in employment contexts and prohibits certain gender identity trainings as a condition of employment.

  • Section 760.10

    (10) It is an unlawful employment practice for the state or any county, municipality, special district, or other political subdivision to require, as a condition of employment, any training, instruction, or other activity on gender identity or gender expression.

    This addition makes it illegal for governmental entities to mandate training related to gender identity or expression as a prerequisite for employment.

  • Section 110.1051

    An employee or a contractor may not be required, as a condition of employment or to avoid adverse personnel action, to refer to another person using that person’s preferred pronouns if such pronouns do not correspond to that person’s sex.

    This provision prevents employers from requiring employees or contractors to use pronouns that do not align with a person's biological sex.

  • Section 110.1051

    An employee or a contractor may not require an employer to use his or her preferred pronouns if such preferred pronouns do not correspond to the employee’s or contractor’s sex.

    This ensures that an employee or contractor cannot demand their employer to use pronouns inconsistent with their biological sex.

  • Section 110.1051

    A job application or other related employment form that requires an applicant to mark his or her sex may only inquire if the applicant is male or female and may not provide a nonbinary or other option.

    This restricts job applications to only two gender options, male and female, eliminating the possibility for nonbinary or additional options.

  • Section 110.1051

    The term “gender identity” means a fully internal and subjective sense of self, disconnected from biological reality and sex, and existing on an infinite continuum that does not provide a meaningful basis for identification and cannot be recognized as a replacement for sex.

    This definition establishes a specific understanding of gender identity as being separate from biological sex.

  • Section 110.1051

    The term “gender ideology” means the false belief that replaces the biological category of sex with an ever-shifting concept of self-assessed gender identity, permitting the false claim that males can identify as and become women and vice versa.

    This definition frames gender ideology negatively, characterizing it as a false belief system.

Action History

  1. Died in Judiciary

  2. Indefinitely postponed and withdrawn from consideration

  3. CS by Governmental Oversight and Accountability read 1st time

  4. Now in Judiciary

  5. Pending reference review under Rule 4.7(2) - (Committee Substitute)

  6. CS by Governmental Oversight and Accountability; YEAS 5 NAYS 2

  7. On Committee agenda-- Governmental Oversight and Accountability, 03/25/25, 1:30 pm, 110 Senate Building

  8. On Committee agenda-- Governmental Oversight and Accountability, 03/18/25, 3:30 pm, 110 Senate Building --Not Considered

  9. Introduced

  10. Referred to Governmental Oversight and Accountability; Judiciary; Fiscal Policy

  11. Filed

Sponsors

  • Stan McClain · Primary
  • Governmental Oversight and Accountability · Primary

Sponsorship breakdown

Export CSV (upgrade) →

2 sponsors · 0 co-sponsors · 162 not signed on · 2 voted No

Sponsors (2)

  • McClain, Stan Republican
  • Governmental Oversight and Accountability

Co-sponsors (0)

None.

Not signed on (162)

162 members have not signed on to this bill.

Show all 162 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Passed 5 Yea · 2 Nay · 1 Other
Party YeaNayPresentNot Voting
Republican 5000
Democrat 0200
Unaffiliated 0001
Total 5201
% of votes cast 63%25%0%13%
How each member voted (8)
Member Party Vote
Fine — Not Voting
Arrington, Kristen Aston Democrat Nay
Polsky, Tina Scott Democrat Nay
Brodeur, Jason Republican Yea
DiCeglie, Nick Republican Yea
Grall, Erin Republican Yea
McClain, Stan Republican Yea
Rodriguez, Ana Maria Republican Yea

Official roll call →

Subjects

Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

What does SB 440 do?
Gender Identity Employment Practices; 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; prohibiting employees and contractors of certain employers from being required to use certain pronouns or requiring such employer to use a pronoun that does not correspond to the employee’s or contractor’s sex; providing that it is an unlawful employment practice for the state or any county, municipality, special district, or other political subdivision to require certain training, instruction, or activity as a condition of employment, etc.
Who sponsors SB 440?
SB 440 is sponsored by McClain, Stan (Republican) and Governmental Oversight and Accountability.
What is the current status of SB 440?
This bill died with 2025 Regular Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track SB 440?
Track SB 440 free on One Click Politics — get push/email alerts when it moves.

Make your voice heard on SB 440

Find the representatives who decide this bill and tell them where you stand — for yourself, or mobilize your whole list in one click with One Click Politics advocacy software.

Stay ahead of SB 440

Last checked for changes 2 months ago · updated continuously

One Click Politics tracks every bill in Congress and all 50 states.

Track this bill →