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ENROLLED
2026
Legislature
CS for CS for SB 1134, 1st Engrossed
20261134er
1
2 An act relating to official actions of local
3 governments; creating ss. 125.595 and 166.04971, F.S.;
4 defining terms; prohibiting counties and
5 municipalities, respectively, from funding or
6 promoting or taking official action as it relates to
7 diversity, equity, and inclusion; providing that
8 certain ordinances, resolutions, rules, regulations,
9 programs, and policies are void; prohibiting counties
10 and municipalities, respectively, from expending funds
11 for diversity, equity, and inclusion offices or for
12 diversity, equity, and inclusion officers; providing
13 that a county commissioner, a member of the governing
14 body of a municipality, or any other county or
15 municipal official acting in an official capacity who
16 violates certain provisions commits misfeasance or
17 malfeasance in office; prohibiting counties and
18 municipalities, respectively, from providing or
19 authorizing funds to be used to promote diversity,
20 equity, and inclusion initiatives; authorizing a cause
21 of action against counties and municipalities,
22 respectively; authorizing a court to enter a judgment
23 awarding certain relief, damages, and costs; providing
24 construction and applicability; creating s. 287.139,
25 F.S.; requiring potential recipients of county or
26 municipal contracts or grants to make a certain
27 certification to the county or municipality before
28 being awarded such contract or grant; providing
29 applicability; providing an effective date.
30
31 Be It Enacted by the Legislature of the State of Florida:
32
33 Section 1. Section 125.595, Florida Statutes, is created to
34 read:
35
125.595
Prohibition of official actions of counties
36
relating to diversity, equity, and inclusion; penalty; remedy.—
37
(1)
For purposes of this section, the term:
38
(a) “Acting in an official capacity” means performing or
39
purporting to perform a function, duty, or responsibility
40
assigned by law, rule, or policy to a public officer or public
41
employee, or otherwise exercising or claiming to exercise the
42
authority of such office or employment.
43
(b) “Diversity, equity, and inclusion” means any effort to:
44
1. M
anipulate or otherwise influence the composition of
45
employees with reference to race, color, sex, ethnicity,
gender
46
identity, or sexual orientation
other than
to ensure that
hiring
47
is conducted
in accordance with state and federal
48
antidiscrimination laws;
49
2. P
romote or provide preferential treatment or special
50
benefits to a person or group based on that person’s or group’s
51
race, color, sex, ethnicity, gender identity, or sexual
52
orientation;
or
53
3. P
romote or adopt training, programming, or activities
54
designed or implemented with reference to race, color, sex,
55
ethnicity, gender identity, or sexual orientation.
56
57
The term does not include the use of e
qual opportunity or equal
58
employment opportunity materials designed to inform a person
59
about the prohibition
against
discrimination based on protected
60
status under state or federal law
.
61
(c) “Diversity, equity, and inclusion office” means any
62
office,
division, department, agency, center, or other unit of a
63
county
which
coordinates, creates, develops, designs,
64
implements, organizes, plans, or promotes policies, programming,
65
training, practices, meetings, activities, procedures, or
66
similar
actions
relating to
diversity, equity, and inclusion.
67
(d) “Diversity, equity, and inclusion officer” means a
68
person
who is a full-time or part-time employee
of, or an
69
independent contractor contracted by,
a county
whose
duties
70
include coordinating, creating, developing, designing,
71
implementing, organizing, planning, or promoting policies,
72
programming, training, practices, meetings, activities,
73
procedures
,
or similar
actions
relating to
d
iversity,
e
quity,
74
and
i
nclusion
.
75
(2) A county may not
fund or promote, directly or
76
indirectly,
or
take any official action, including, but not
77
limited to, the adoption or enforcement of ordinances,
78
resolutions, rules, regulations, programs, or policies, as it
79
relates to diversity, equity, and inclusion. Any such existing
80
ordinances, resolutions, rules, regulations, programs, or
81
policies are void
.
82
(3)
A county
may not expend
any
funds
, regardless of
83
source
,
to establish, sustain, support, or staff a
d
iversity,
84
e
quity, and
i
nclusion office or to
employ, contract, or
85
otherwise engage
a person to serve as a
d
iversity,
e
quity, and
86
i
nclusion officer
.
87
(4)
A county commissioner or other county official acting
88
in an official capacity who violates this section commits
89
misfeasance or malfeasance in office.
90
(5) A county may not provide or authorize its funds to be
91
used by employees, contractors, volunteers, vendors, or agents
92
to promote diversity, equity, and inclusion initiatives.
93
(6)
An action in circuit court may be brought by a resident
94
of the county against a county that violates this section. The
95
court may enter a judgment awarding declaratory and injunctive
96
relief, damages, and costs.
97
(7)(a)
This section does not prohibit any official action
98
by a county required for compliance with state or federal laws
99
or regulations.
100
(b)
This section does not prohibit a county from
doing any
101
of the following
:
102
1. Recognizing or promoting holidays designated by federal
103
law, including those designated in 5 U.S.C. s. 6103.
104
2. Recognizing
or
promoting
state
holidays and special
105
observances
designated by state law
, including those designated
106
in chapter 683.
107
3. Recognizing or promoting patriotic and national
108
observances recognized by federal law, including those
109
designated in 36 U.S.C. ss. 101-148
, or recognizing the events
110
and individuals forming the basis for such observances
.
111
4.
Promoting or supporting a nonprofit entity that provides
112
single-sex programs for the homeless or education, counseling,
113
and rehabilitation of trauma-involved or at-risk youth.
114
5
.
Recognizing or honoring the individuals and groups
115
recognized and honored by the monuments, memorials, and museums
116
authorized by chapter 265
or chapter 267
, or recognizing the
117
events and individuals forming the basis for such monuments,
118
memorials, or museums.
119
6.
Owning, operating, maintaining, funding
, or conducting
120
events at
monuments
and
memorials
listed
in 54 U.S.C.
s.
320301
121
and located in this state
.
122
7
.
Issuing event permits in a content-neutral manner and
123
providing public safety services.
124
(c) This section does not prohibit the use of equal
125
opportunity or equal employment opportunity materials designed
126
to inform a person about the prohibition against discrimination
127
based on protected status under state or federal law.
128
(d) This section may not be construed
to
conflict with:
129
1. Section 553.865 or analogous state and federal laws
130
protecting the right of males and females to restrooms and
131
changing facilities corresponding to their biological sex.
132
2. Part XII of chapter 39 or analogous state and federal
133
laws ensuring that victims of domestic violence and their
134
dependents have access to emergency shelters.
135
3. Section 1000.05 or analogous state and federal laws
136
prohibiting discrimination based on biological sex in
137
educational programs, sports, activities, and employment.
138
4. Chapter 381 or analogous state and federal laws ensuring
139
males and females have access to public health services
140
corresponding to their biological sex.
141
5. State and federal laws ensuring access to public health
142
care services corresponding to a person’s race or ethnicity
.
143
6.
Any other state or federal laws recognizing the inherent
144
biological differences between males and females for the purpose
145
of ensuring their health, safety, and welfare.
146
(8)
This section does not apply to
:
147
(a) T
he actions of
a body
composed of nonelected
148
volunteers
; or
149
(b) B
asic administrative support provided to a
body
150
composed of nonelected volunteers, unless such administrative
151
support is provided by a county employee whose sole function is
152
the provision of such administrative support
.
153 Section 2. Section 166.04971, Florida Statutes, is created
154 to read:
155
166.04971
Prohibition of official actions of municipalities
156
relating to diversity, equity, and inclusion; penalty; remedy.—
157
(1)
For purposes of this section, the term:
158
(a)
“Acting in an official capacity” means performing or
159
purporting to perform a function, duty, or responsibility
160
assigned by law, rule, or policy to a public officer or public
161
employee, or otherwise exercising or claiming to exercise the
162
authority of such office or employment.
163
(b)
“Diversity, equity, and inclusion” means any effort to:
164
1
. Manipulate or otherwise influence the composition of
165
employees with reference to race, color, sex, ethnicity,
gender
166
identity, or sexual orientation
other than to ensure that hiring
167
is conducted in accordance with state and federal
168
antidiscrimination laws;
169
2
. Promote or provide preferential treatment or special
170
benefits to a person or group based on that person’s or group’s
171
race, color, sex, ethnicity, gender identity, or sexual
172
orientation; or
173
3
. Promote or adopt training, programming, or activities
174
designed or implemented with reference to race, color, sex,
175
ethnicity, gender identity, or sexual orientation.
176
177
The term does not include
the use of e
qual opportunity or equal
178
employment opportunity materials designed to inform a person
179
about the prohibition
against
discrimination based on protected
180
status under state or federal law.
181
(
c
) “Diversity, equity, and inclusion office” means any
182
office, division, department, agency, center, or other unit of a
183
municipality
which coordinates, creates, develops, designs,
184
implements, organizes, plans, or promotes policies, programming,
185
training, practices, meetings, activities, procedures, or
186
similar
actions
relating to diversity, equity, and inclusion.
187
(
d
)
“
Diversity, equity, and inclusion officer” means a
188
person who is a full-time or part-time employee of, or an
189
independent contractor contracted by, a
municipality whose
190
duties include coordinating, creating, developing, designing,
191
implementing, organizing, planning, or promoting policies,
192
programming, training, practices, meetings, activities,
193
procedures
,
or similar
actions
relating to diversity, equity,
194
and inclusion
.
195
(2) A municipality may not
fund or promote, directly or
196
indirectly,
or
take any official action, including, but not
197
limited to, the adoption or enforcement of ordinances,
198
resolutions, rules
,
regulations, programs, or policies, as it
199
relates to diversity, equity, and inclusion. Any such existing
200
ordinances, resolutions, rules, regulations, programs, or
201
policies are void
.
202
(3) A
municipality
may not expend any funds, regardless of
203
source, to establish, sustain, support, or staff a diversity,
204
equity, and inclusion office or to employ, contract, or
205
otherwise engage a person to serve as a diversity, equity, and
206
inclusion officer.
207
(4)
Any member of the governing body of a municipality or
208
other municipal official acting in an official capacity who
209
violates this section commits misfeasance or malfeasance in
210
office.
211
(5) A municipality may not provide or authorize its funds
212
to be used by employees, contractors, volunteers, vendors, or
213
agents to promote diversity, equity, and inclusion initiatives.
214
(6)
An action in circuit court may be brought by a resident
215
of the municipality against a municipality that violates this
216
section. The court may enter a judgment awarding declaratory and
217
injunctive relief, damages, and costs.
218
(7)(a)
This section does not prohibit any official action
219
by the governing body of a municipality required for compliance
220
with state or federal laws or regulations.
221
(b)
This section does not prohibit a municipality from
222
doing any of the following
:
223
1. Recognizing or promoting holidays designated by federal
224
law, including those designated in 5 U.S.C. s. 6103.
225
2. Recognizing
or
promoting
state
holidays and special
226
observances
designated by state law
, including those designated
227
in chapter 683.
228
3. Recognizing or promoting patriotic and national
229
observances recognized by federal law, including those
230
designated in 36 U.S.C. ss. 101-148
, or recognizing the events
231
and individuals forming the basis for such observances
.
232
4. Promoting or supporting a nonprofit entity that provides
233
single-sex programs for the homeless or education, counseling,
234
and rehabilitation of trauma-involved or at-risk youth.
235
5
. Recognizing or honoring the individuals and groups
236
recognized and honored by the monuments, memorials, and museums
237
authorized by chapter 265
or chapter 267
or recognizing the
238
events and individuals forming the basis for such monuments,
239
memorials, or museums.
240
6.
Owning, operating, maintaining, funding, or conducting
241
events at monuments and memorials listed in 54 U.S.C. s. 320301
242
and located in this state
.
243
7
. Issuing event permits in a content-neutral manner and
244
providing public safety services.
245
(c) This section does not prohibit the use of equal
246
opportunity or equal employment opportunity materials designed
247
to inform a person about the prohibition against discrimination
248
based on protected status under state or federal law.
249
(d) This section may not be construed to conflict with:
250
1. Section 553.865 or analogous state and federal laws
251
protecting the right of males and females to restrooms and
252
changing facilities corresponding to their biological sex.
253
2. Part XII of chapter 39 or analogous state and federal
254
laws ensuring that victims of domestic violence and their
255
dependents have access to emergency shelters.
256
3. Section 1000.05 or analogous state and federal laws
257
prohibiting discrimination based on biological sex in
258
educational programs, sports, activities, and employment.
259
4. Chapter 381 or analogous state and federal laws ensuring
260
males and females have access to public health services
261
corresponding to their biological sex.
262
5. State and federal laws ensuring access to public health
263
care services corresponding to a person’s race or ethnicity
.
264
6.
Any other state or federal laws recognizing the inherent
265
biological differences between males and females for the purpose
266
of ensuring their health, safety, and welfare.
267
(
8
) This section does not apply to:
268
(a) The actions of a
body
composed of nonelected
269
volunteers; or
270
(b) Basic administrative support provided to a
body
271
composed of nonelected volunteers, unless such administrative
272
support is provided by a
municipal
employee whose sole function
273
is the provision of such administrative support.
274 Section 3. Section 287.139, Florida Statutes, is created to
275 read:
276
287.139 Prohibition against u
sing
d
iversity,
e
quity, and
277
i
nclusion material.—A potential recipient
of
a county or
278
municipal contract or grant
shall
certify to the county or
279
municipality
, as applicable,
before being awarded such contract
280
or grant that the
potential
recipient does not and will not
use
281
county or municipal funds in requiring
its employees,
282
contractors, volunteers, vendors, or agents to ascribe to,
283
study, or be instructed
using
materials relating to d
iversity,
284
e
quity, and
i
nclusion
as defined in ss. 125.595(1) and
285
166.04971(1)
.
286 Section 4.
Section 287.139, F
lorida Statutes,
created by
287
this act applies to a
ny
contract
between a county or
288
municipality and
a diversity
, equity, and inclusion officer
289
which is in existence on January 1, 2027. With respect to all
290
other contracts, s. 287.139, Florida Statutes, created by this
291
act applies to contracts executed or renewed after January 1,
292
2027.
293 Section 5. This act shall take effect January 1, 2027.