SB 440 — Gender Identity Employment Practices
Last action — Died in Judiciary
No card. One bill, free forever — alerts when it moves.
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✓Introduced
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2In Committee
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3Passed Senate
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4Passed House
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5To Executive
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6Enacted
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This bill is no longer active — its legislative session has ended, so there is no live prognosis.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 removed149 line(s) added, 170 removed.
Florida Senate - 2025 CS for SB 440 By Senatorthe McClainCommittee 9-00748C-25on 2025440__Governmental AOversight billand toAccountability; be entitled An act relating to gender identity employment practices;
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;
PageSection 11. of 6 CODING:
Words stricken are deletions;
words underlined are additions.
Florida Senate - 2025 SB 440 9-00748C-25 2025440__ Section 1.
110.1051Page Personal1 pronouns.—of (1)5 AsCODING: used in this section, the term:
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 Pagemales 2can identify as and become women and vice versa, and requiring all institutions of 6society CODING: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 CS for SB 440 9-00748C-25585-02844-25 2025440__2025440c1 malesan canidentifiable identifyor asuseful andcategory becomebut womennevertheless andmaintains vicethat versa,it andis requiringpossible allfor institutionsa ofperson society to regardbe thisborn falsein claimthe aswrong true.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(5) 3A ofjob 6application CODING: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 CS for SB 440 9-00748C-25585-02844-25 2025440__2025440c1 (5) A job application or other related employment form that requires an applicant to markadminister histhis orsection. her sex may only inquire if the applicant is male or female and may not provide a nonbinary or other option.
(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 sexualgender orientation,identity Pageor 4gender ofexpression. 6 CODING:
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 ofPage the4 complaintof the5 dateCODING: the complaint was filed with the commission.
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 PageOpportunity 5Commission, ofthe 6fair-employment-practice CODING: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 65 of 65 CODING:
View plain text versions (2)
- S 440 c1 View text Current pdf
- Introduced S 440 Filed pdf
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.
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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.
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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.
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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.
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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.
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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.
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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
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Died in Judiciary
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Indefinitely postponed and withdrawn from consideration
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CS by Governmental Oversight and Accountability read 1st time
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Now in Judiciary
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Pending reference review under Rule 4.7(2) - (Committee Substitute)
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CS by Governmental Oversight and Accountability; YEAS 5 NAYS 2
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On Committee agenda-- Governmental Oversight and Accountability, 03/25/25, 1:30 pm, 110 Senate Building
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On Committee agenda-- Governmental Oversight and Accountability, 03/18/25, 3:30 pm, 110 Senate Building --Not Considered
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Introduced
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Referred to Governmental Oversight and Accountability; Judiciary; Fiscal Policy
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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.
Votes
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Republican | 5 | 0 | 0 | 0 |
| Democrat | 0 | 2 | 0 | 0 |
| Unaffiliated | 0 | 0 | 0 | 1 |
| Total | 5 | 2 | 0 | 1 |
| % 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 |
Subjects
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.
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Last checked for changes 2 months ago · updated continuously
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