David Borrero refiles bill to ban flags with a ‘political viewpoint’ from government sites

TALLAHASSEE, FLA. 3/8/24-Rep. David Borrero, R-Sweetwater, speaks during Session, Friday at the Capitol in Tallahassee. COLIN HACKLEY PHOTO

Sweetwater Rep. David Borrero is again carrying legislation to limit flag use at public facilities.

He and Seminole Rep. Berny Jacques, a fellow Republican, just filed a bill (HB 75) that would prohibit local or state government offices, schools and universities from displaying banners that represent a “political viewpoint.”

That includes a “politically partisan, racial, sexual orientation and gender, or political ideology viewpoint,” the measure says, adding: “The governmental entity must remain neutral when representing political viewpoints in displaying or erecting a flag.”

The ban would not extend to a “private individual” who expresses “private speech or viewpoints or exercise rights protected by the First Amendment to the United States Constitution,” the bill says.

HB 75, filed Friday, is a companion to an identical bill by Brevard County Republican Sen. Randy Fine, who was more specific in what he hoped the legislation would do.

Fine said in a prepared statement that “fictional country flags like ‘Palestine,’ pro-violence ‘Black Lives Matter’ flags, woke and pro-grooming ideological flags, and the flags of any political candidates” have no business flying at government buildings.

“The first flag that should be flown in a government building is the American flag,” he said. “Flags that promote Muslim terror or the mutilation of children have no place in our taxpayer-funded buildings — whether that government building is our state capital or a public school classroom.”

Borrero carried a similar version of HB 75 in 2023 with co-sponsorship from Jacksonville Republican Rep. Dean Black and Senate support from Tampa Republican Jay Collins. The legislation died in both chambers that year without a hearing.

Borrero resurrected the proposal for the 2024 Session, when it fared slightly better with updated language that largely matches HB 75’s and co-prime sponsorship from Fine, then a House member. The bill cleared its first committee hurdle before stalling out in its second of three. Its Senate analog, sponsored then by Fort Myers Republican Sen. Jonathan Martin, again died without a hearing.

One significant change between last year’s version of the bill and this year’s version is a section providing that any active or retired U.S. military member may use “reasonable force” to prevent the “desecration, destruction, or removal” of the U.S. flag, except when ordered not to do so by police.

The measure would also require the U.S. flag to be flown higher than any other flag on display.

Jacques told Florida Politics by text that he joined Borrero in sponsoring HB 75 to “ensure neutrality and unity in our public spaces.”

“Flags that represent political or ideological viewpoints have no place in government representation,” he said. “This bill ensures that our government entities focus on serving all Floridians equally and free from partisanship.”

This will be Fine’s last go at the bill. He’s resigning March 31 for a run at replacing Republican U.S. Rep. Mike Waltz, whom President-elect Donald Trump tapped to be his National Security Adviser.

If passed, HB 75 would take effect July 1.

Florida Politics contacted Borrero’s Office for comment but did not receive a response by press time.

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Editor’s note: This report was updated to include a statement from Jacques.