S 1134

ENROLLED
2026 Legislature  CS for CS for SB 1134, 1st Engrossed
                                                      20261134er
1
2An act relating to official actions of local
3governments; creating ss. 125.595 and 166.04971, F.S.;
4defining terms; prohibiting counties and
5municipalities, respectively, from funding or
6promoting or taking official action as it relates to
7diversity, equity, and inclusion; providing that
8certain ordinances, resolutions, rules, regulations,
9programs, and policies are void; prohibiting counties
10and municipalities, respectively, from expending funds
11for diversity, equity, and inclusion offices or for
12diversity, equity, and inclusion officers; providing
13that a county commissioner, a member of the governing
14body of a municipality, or any other county or
15municipal official acting in an official capacity who
16violates certain provisions commits misfeasance or
17malfeasance in office; prohibiting counties and
18municipalities, respectively, from providing or
19authorizing funds to be used to promote diversity,
20equity, and inclusion initiatives; authorizing a cause
21of action against counties and municipalities,
22respectively; authorizing a court to enter a judgment
23awarding certain relief, damages, and costs; providing
24construction and applicability; creating s. 287.139,
25F.S.; requiring potential recipients of county or
26municipal contracts or grants to make a certain
27certification to the county or municipality before
28being awarded such contract or grant; providing
29applicability; providing an effective date.
30
31Be It Enacted by the Legislature of the State of Florida:
32
33Section 1. Section 125.595, Florida Statutes, is created to
34read:
35125.595Prohibition of official actions of counties
36relating 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
39purporting to perform a function, duty, or responsibility
40assigned by law, rule, or policy to a public officer or public
41employee, or otherwise exercising or claiming to exercise the
42authority of such office or employment.
43(b) “Diversity, equity, and inclusion” means any effort to:
441. Manipulate or otherwise influence the composition of
45employees with reference to race, color, sex, ethnicity,gender
46identity, or sexual orientation other than to ensure that hiring
47is conducted in accordance with state and federal
48antidiscrimination laws;
492. Promote or provide preferential treatment or special
50benefits to a person or group based on that person’s or group’s
51race, color, sex, ethnicity, gender identity, or sexual
52orientation; or
533. Promote or adopt training, programming, or activities
54designed or implemented with reference to race, color, sex,
55ethnicity, gender identity, or sexual orientation.
56
57The term does not include the use of equal opportunity or equal
58employment opportunity materials designed to inform a person
59about the prohibition against discrimination based on protected
60status under state or federal law.
61(c) “Diversity, equity, and inclusion office” means any
62office, division, department, agency, center, or other unit of a
63county which coordinates, creates, develops, designs,
64implements, organizes, plans, or promotes policies, programming,
65training, practices, meetings, activities, procedures, or
66similar actions relating to diversity, equity, and inclusion.
67(d) “Diversity, equity, and inclusion officer” means a
68person who is a full-time or part-time employee of, or an
69independent contractor contracted by, a county whose duties
70include coordinating, creating, developing, designing,
71implementing, organizing, planning, or promoting policies,
72programming, training, practices, meetings, activities,
73procedures, or similar actions relating to diversity, equity,
74and inclusion.
75(2) A county may not fund or promote, directly or
76indirectly, or take any official action, including, but not
77limited to, the adoption or enforcement of ordinances,
78resolutions, rules, regulations, programs, or policies, as it
79relates to diversity, equity, and inclusion. Any such existing
80ordinances, resolutions, rules, regulations, programs, or
81policies are void.
82(3) A countymay not expend any funds, regardless of
83source, to establish, sustain, support, or staff a diversity,
84equity, and inclusion office or to employ, contract, or
85otherwise engage a person to serve as a diversity, equity, and
86inclusion officer.
87(4)A county commissioner or other county official acting
88in an official capacity who violates this section commits
89misfeasance or malfeasance in office.
90(5) A county may not provide or authorize its funds to be
91used by employees, contractors, volunteers, vendors, or agents
92to promote diversity, equity, and inclusion initiatives.
93(6)An action in circuit court may be brought by a resident
94of the county against a county that violates this section. The
95court may enter a judgment awarding declaratory and injunctive
96relief, damages, and costs.
97(7)(a)This section does not prohibit any official action
98by a county required for compliance with state or federal laws
99or regulations.
100(b) This section does not prohibit a county from doing any
101of the following:
1021. Recognizing or promoting holidays designated by federal
103law, including those designated in 5 U.S.C. s. 6103.
1042. Recognizing or promoting state holidays and special
105observances designated by state law, including those designated
106in chapter 683.
1073. Recognizing or promoting patriotic and national
108observances recognized by federal law, including those
109designated in 36 U.S.C. ss. 101-148, or recognizing the events
110and individuals forming the basis for such observances.
1114. Promoting or supporting a nonprofit entity that provides
112single-sex programs for the homeless or education, counseling,
113and rehabilitation of trauma-involved or at-risk youth.
1145.Recognizing or honoring the individuals and groups
115recognized and honored by the monuments, memorials, and museums
116authorized by chapter 265 or chapter 267, or recognizing the
117events and individuals forming the basis for such monuments,
118memorials, or museums.
1196. Owning, operating, maintaining, funding, or conducting
120events at monuments and memorials listed in 54 U.S.C. s. 320301
121and located in this state.
1227.Issuing event permits in a content-neutral manner and
123providing public safety services.
124(c) This section does not prohibit the use of equal
125opportunity or equal employment opportunity materials designed
126to inform a person about the prohibition against discrimination
127based on protected status under state or federal law.
128(d) This section may not be construed to conflict with:
1291. Section 553.865 or analogous state and federal laws
130protecting the right of males and females to restrooms and
131changing facilities corresponding to their biological sex.
1322. Part XII of chapter 39 or analogous state and federal
133laws ensuring that victims of domestic violence and their
134dependents have access to emergency shelters.
1353. Section 1000.05 or analogous state and federal laws
136prohibiting discrimination based on biological sex in
137educational programs, sports, activities, and employment.
1384. Chapter 381 or analogous state and federal laws ensuring
139males and females have access to public health services
140corresponding to their biological sex.
1415. State and federal laws ensuring access to public health
142care services corresponding to a person’s race or ethnicity.
1436. Any other state or federal laws recognizing the inherent
144biological differences between males and females for the purpose
145of ensuring their health, safety, and welfare.
146(8) This section does not apply to:
147(a) The actions of a body composed of nonelected
148volunteers; or
149(b) Basic administrative support provided to a body
150composed of nonelected volunteers, unless such administrative
151support is provided by a county employee whose sole function is
152the provision of such administrative support.
153Section 2. Section 166.04971, Florida Statutes, is created
154to read:
155166.04971Prohibition of official actions of municipalities
156relating 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
159purporting to perform a function, duty, or responsibility
160assigned by law, rule, or policy to a public officer or public
161employee, or otherwise exercising or claiming to exercise the
162authority of such office or employment.
163(b) “Diversity, equity, and inclusion” means any effort to:
1641. Manipulate or otherwise influence the composition of
165employees with reference to race, color, sex, ethnicity, gender
166identity, or sexual orientation other than to ensure that hiring
167is conducted in accordance with state and federal
168antidiscrimination laws;
1692. Promote or provide preferential treatment or special
170benefits to a person or group based on that person’s or group’s
171race, color, sex, ethnicity, gender identity, or sexual
172orientation; or
1733. Promote or adopt training, programming, or activities
174designed or implemented with reference to race, color, sex,
175ethnicity, gender identity, or sexual orientation.
176
177The term does not include the use of equal opportunity or equal
178employment opportunity materials designed to inform a person
179about the prohibition against discrimination based on protected
180status under state or federal law.
181(c) “Diversity, equity, and inclusion office” means any
182office, division, department, agency, center, or other unit of a
183municipality which coordinates, creates, develops, designs,
184implements, organizes, plans, or promotes policies, programming,
185training, practices, meetings, activities, procedures, or
186similar actions relating to diversity, equity, and inclusion.
187(d) “Diversity, equity, and inclusion officer” means a
188person who is a full-time or part-time employee of, or an
189independent contractor contracted by, a municipality whose
190duties include coordinating, creating, developing, designing,
191implementing, organizing, planning, or promoting policies,
192programming, training, practices, meetings, activities,
193procedures, or similar actions relating to diversity, equity,
194and inclusion.
195(2) A municipality may not fund or promote, directly or
196indirectly, or take any official action, including, but not
197limited to, the adoption or enforcement of ordinances,
198resolutions, rules, regulations, programs, or policies, as it
199relates to diversity, equity, and inclusion. Any such existing
200ordinances, resolutions, rules, regulations, programs, or
201policies are void.
202(3) A municipality may not expend any funds, regardless of
203source, to establish, sustain, support, or staff a diversity,
204equity, and inclusion office or to employ, contract, or
205otherwise engage a person to serve as a diversity, equity, and
206inclusion officer.
207(4)Any member of the governing body of a municipality or
208other municipal official acting in an official capacity who
209violates this section commits misfeasance or malfeasance in
210office.
211(5) A municipality may not provide or authorize its funds
212to be used by employees, contractors, volunteers, vendors, or
213agents to promote diversity, equity, and inclusion initiatives.
214(6)An action in circuit court may be brought by a resident
215of the municipality against a municipality that violates this
216section. The court may enter a judgment awarding declaratory and
217injunctive relief, damages, and costs.
218(7)(a)This section does not prohibit any official action
219by the governing body of a municipality required for compliance
220with state or federal laws or regulations.
221(b) This section does not prohibit a municipality from
222doing any of the following:
2231. Recognizing or promoting holidays designated by federal
224law, including those designated in 5 U.S.C. s. 6103.
2252. Recognizing or promoting state holidays and special
226observances designated by state law, including those designated
227in chapter 683.
2283. Recognizing or promoting patriotic and national
229observances recognized by federal law, including those
230designated in 36 U.S.C. ss. 101-148, or recognizing the events
231and individuals forming the basis for such observances.
2324. Promoting or supporting a nonprofit entity that provides
233single-sex programs for the homeless or education, counseling,
234and rehabilitation of trauma-involved or at-risk youth.
2355. Recognizing or honoring the individuals and groups
236recognized and honored by the monuments, memorials, and museums
237authorized by chapter 265 or chapter 267 or recognizing the
238events and individuals forming the basis for such monuments,
239memorials, or museums.
2406. Owning, operating, maintaining, funding, or conducting
241events at monuments and memorials listed in 54 U.S.C. s. 320301
242and located in this state.
2437. Issuing event permits in a content-neutral manner and
244providing public safety services.
245(c) This section does not prohibit the use of equal
246opportunity or equal employment opportunity materials designed
247to inform a person about the prohibition against discrimination
248based on protected status under state or federal law.
249(d) This section may not be construed to conflict with:
2501. Section 553.865 or analogous state and federal laws
251protecting the right of males and females to restrooms and
252changing facilities corresponding to their biological sex.
2532. Part XII of chapter 39 or analogous state and federal
254laws ensuring that victims of domestic violence and their
255dependents have access to emergency shelters.
2563. Section 1000.05 or analogous state and federal laws
257prohibiting discrimination based on biological sex in
258educational programs, sports, activities, and employment.
2594. Chapter 381 or analogous state and federal laws ensuring
260males and females have access to public health services
261corresponding to their biological sex.
2625. State and federal laws ensuring access to public health
263care services corresponding to a person’s race or ethnicity.
2646. Any other state or federal laws recognizing the inherent
265biological differences between males and females for the purpose
266of ensuring their health, safety, and welfare.
267(8) This section does not apply to:
268(a) The actions of a body composed of nonelected
269volunteers; or
270(b) Basic administrative support provided to a body
271composed of nonelected volunteers, unless such administrative
272support is provided by a municipal employee whose sole function
273is the provision of such administrative support.
274Section 3. Section 287.139, Florida Statutes, is created to
275read:
276287.139 Prohibition against usingdiversity, equity, and
277inclusion material.—A potential recipient of a county or
278municipal contract or grant shall certify to the county or
279municipality, as applicable, before being awarded such contract
280or grant that the potential recipient does not and will not use
281county or municipal funds in requiring its employees,
282contractors, volunteers, vendors, or agents to ascribe to,
283study, or be instructed usingmaterials relating to diversity,
284equity, and inclusion as defined in ss. 125.595(1) and
285166.04971(1).
286Section 4. Section 287.139, Florida Statutes, created by
287this act applies to any contract between a county or
288municipality and a diversity, equity, and inclusion officer
289which is in existence on January 1, 2027. With respect to all
290other contracts, s. 287.139, Florida Statutes, created by this
291act applies to contracts executed or renewed after January 1,
2922027.
293Section 5. This act shall take effect January 1, 2027.