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A newly proposed piece of legislation in Florida, Senate Bill 100 (SB 100), could grant active duty and retired service members special privileges to use force against citizens attempting to violate a new flag law.
Filed in December 2024 by state Senator Randy Fine (R-19), SB 100 was recently approved by a legislative committee chaired by Fine. The bill aims to regulate the display of flags by governmental entities, prohibiting flags that represent specific political viewpoints. According to the text, the bill would prevent local governments, public schools, and public universities from displaying flags related to “politically partisan, racial, sexual orientation and gender, or political ideology” viewpoints.
Additionally, the bill mandates that any U.S. flag displayed by governmental entities must be placed in a “prominent position that is superior to any other flag that is also displayed.”
One of the more controversial aspects of SB 100 is a provision allowing active and retired members of the U.S. Armed Forces and the National Guard to use “reasonable force” to protect or reposition a U.S. flag. The provision states:
“An active or retired member of the United States Armed Forces or the National Guard may at any time use reasonable force to prevent the desecration, destruction, or removal of the United States flag or to replace the United States flag to a position of prominence consistent with subsection (3), except when directly ordered not to use such force by a law enforcement officer acting in the course and scope of the law enforcement officer’s employment.”
While SB 100 appears to grant military personnel special privileges to enforce flag positioning, legal experts argue that such enforcement may conflict with federal law. Under Title 10 of the U.S. Code, active duty military personnel cannot be deployed for law enforcement purposes on American soil without explicit authorization from Congress or the President. This principle, known as the Posse Comitatus Act, generally restricts the military from engaging in domestic law enforcement unless formally activated under federal authority.
In this case, SB 100’s provision allowing service members to use force raises significant legal questions. Unless Title 10 is invoked to federally authorize their involvement, any active duty service member enforcing this law could potentially be acting outside their legal jurisdiction. Retired military members would not be subject to the same Title 10 restrictions, but their authorization to use force in a civilian capacity remains unclear.
Senator Fine has framed SB 100 as a necessary measure to ensure that only government-approved flags are displayed in official spaces. Upon introducing the bill, Fine’s office issued the following statement:
“Senator Randy Fine (R-Melbourne Beach) filed SB 100 to ban the flying of political flags in government buildings. Among others, SB 100 would ban the use of fictional country flags like ‘Palestine,’ pro-violence ‘Black Lives Matter’ flags, woke and pro-grooming ideological flags, and the flags of any political candidates in government buildings. Fine previously sponsored the same legislation in the Florida House during the 2024 Legislative Session.”
Fine went further, stating:
“The first flag that should be flown in a government building is the American flag. Flags that promote Muslim terror or the mutilation of children have no place in taxpayer-funded buildings – whether that government building is our state capitol or a public school classroom.”
The bill comes amid ongoing debates about political symbols in public spaces. Notably, political flags displayed in government buildings have led to legal battles, including a lawsuit against the Palm Beach School District over an ideological flag displayed at Emerald Cove Middle School in Wellington, Florida.
Fine, who is set to leave the Florida Senate, added:
“Supporters of Muslim terror, child mutilators, and groomers have no right to taxpayer sponsorship of their repugnant messages. As I prepare to leave the Senate, I look forward to ensuring the only official place in a government building that you will find their flags is in a garbage can.”
SB 100 is expected to face significant legal challenges, particularly regarding the First Amendment and its potential conflicts with federal military regulations. Critics argue that the bill’s restrictions on flag displays may be unconstitutional, while the use of force provision could lead to lawsuits against both individual service members and the state government.
If enacted, SB 100 will likely prompt a legal showdown over states’ rights, federal military authority, and the limits of free speech in government spaces.
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