Florida Senate - 2025 COMMITTEE AMENDMENT
Bill No. CS for SB 420
Ì552064ÂÎ552064
LEGISLATIVE ACTION
Senate . House
Comm: TP .
04/02/2025 .
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The Committee on Judiciary (Yarborough) recommended the
following:
1 Senate Amendment (with title amendment)
2
3 Delete everything after the enacting clause
4 and insert:
5 Section 1. Section 125.595, Florida Statutes, is created to
6 read:
7 125.595 Prohibition of official actions of counties
8 relating to diversity, equity, and inclusion; penalty; remedy.—
9 (1) For purposes of this section, the term:
10 (a) “Diversity, equity, and inclusion” means any effort to:
11 1. Manipulate or otherwise influence the composition of
12 employees with reference to race, color, sex, or ethnicity,
13 other than to ensure that hiring is conducted in accordance with
14 state and federal antidiscrimination laws;
15 2. Promote or provide preferential treatment or special
16 benefits to a person or group based on that person’s or group’s
17 race, color, sex, ethnicity, gender identity, or sexual
18 orientation; or
19 3. Promote or adopt training, programming, or activities
20 designed or implemented with reference to race, color, sex,
21 ethnicity, gender identity, or sexual orientation.
22
23 The term does not include the use of equal opportunity or equal
24 employment opportunity materials designed to inform a person
25 about the prohibition against discrimination based on protected
26 status under state or federal law.
27 (b) “Diversity, equity, and inclusion office” means any
28 office, division, department, agency, center, or other unit of a
29 county which coordinates, creates, develops, designs,
30 implements, organizes, plans, or promotes policies, programming,
31 training, practices, meetings, activities, procedures, or
32 similar actions relating to diversity, equity, and inclusion.
33 (c) “Diversity, equity, and inclusion officer” means a
34 person who is a full-time or part-time employee of, or an
35 independent contractor contracted by, a county whose duties
36 include coordinating, creating, developing, designing,
37 implementing, organizing, planning, or promoting policies,
38 programming, training, practices, meetings, activities,
39 procedures, or similar actions relating to diversity, equity,
40 and inclusion.
41 (2) A county may not fund or promote, directly or
42 indirectly, or take any official action, including, but not
43 limited to, the adoption or enforcement of ordinances,
44 resolutions, rules, regulations, programs, or policies, as it
45 relates to diversity, equity, and inclusion. Any such existing
46 ordinances, resolutions, rules, regulations, programs, or
47 policies are void.
48 (3) A county may not expend any funds, regardless of
49 source, to establish, sustain, support, or staff a diversity,
50 equity, and inclusion office or to employ, contract, or
51 otherwise engage a person to serve as a diversity, equity, and
52 inclusion officer.
53 (4) A county commissioner or other county official acting
54 in an official capacity who violates this section commits
55 misfeasance or malfeasance in office.
56 (5) An action in circuit court may be brought against a
57 county that violates this section by a resident of the county.
58 The court may enter a judgment awarding declaratory and
59 injunctive relief, damages, and costs.
60 (6)(a) This section does not prohibit any official action
61 by a county required for compliance with state or federal laws
62 or regulations.
63 (b) This section does not prohibit a county from:
64 1. Recognizing or promoting holidays designated by federal
65 law, including those designated in 5 U.S.C. s. 6103.
66 2. Recognizing or promoting state holidays and special
67 observances, including those designated in chapter 683.
68 3. Recognizing or promoting patriotic and national
69 observances recognized by federal law, including those
70 designated in 36 U.S.C. ss. 101-148.
71 4. Recognizing or honoring the individuals and groups
72 recognized and honored by the monuments and memorials authorized
73 by chapter 265 or recognizing the events forming the basis for
74 such monuments or memorials.
75 (7) This section does not apply to:
76 (a) The actions of a body composed of nonelected
77 volunteers; or
78 (b) Basic administrative support provided to a body
79 composed of nonelected volunteers, unless such administrative
80 support is provided by a county employee whose sole function is
81 the provision of such administrative support.
82 Section 2. Section 166.04971, Florida Statutes, is created
83 to read:
84 166.04971 Prohibition of official actions of municipalities
85 relating to diversity, equity, and inclusion; penalty; remedy.—
86 (1) For purposes of this section, the term:
87 (a) “Diversity, equity, and inclusion” means any effort to:
88 1. Manipulate or otherwise influence the composition of
89 employees with reference to race, color, sex, or ethnicity,
90 other than to ensure that hiring is conducted in accordance with
91 state and federal antidiscrimination laws;
92 2. Promote or provide preferential treatment or special
93 benefits to a person or group based on that person’s or group’s
94 race, color, sex, ethnicity, gender identity, or sexual
95 orientation; or
96 3. Promote or adopt training, programming, or activities
97 designed or implemented with reference to race, color, sex,
98 ethnicity, gender identity, or sexual orientation.
99
100 The term does not include the use of equal opportunity or equal
101 employment opportunity materials designed to inform a person
102 about the prohibition against discrimination based on protected
103 status under state or federal law.
104 (b) “Diversity, equity, and inclusion office” means any
105 office, division, department, agency, center, or other unit of a
106 municipality which coordinates, creates, develops, designs,
107 implements, organizes, plans, or promotes policies, programming,
108 training, practices, meetings, activities, procedures, or
109 similar actions relating to diversity, equity, and inclusion.
110 (c) “Diversity, equity, and inclusion officer” means a
111 person who is a full-time or part-time employee of, or an
112 independent contractor contracted by, a municipality whose
113 duties include coordinating, creating, developing, designing,
114 implementing, organizing, planning, or promoting policies,
115 programming, training, practices, meetings, activities,
116 procedures, or similar actions relating to diversity, equity,
117 and inclusion.
118 (2) A municipality may not fund or promote, directly or
119 indirectly, or take any official action, including, but not
120 limited to, the adoption or enforcement of ordinances,
121 resolutions, rules, regulations, programs, or policies, as it
122 relates to diversity, equity, and inclusion. Any such existing
123 ordinances, resolutions, rules, regulations, programs, or
124 policies are void.
125 (3) A municipality may not expend any funds, regardless of
126 source, to establish, sustain, support, or staff a diversity,
127 equity, and inclusion office or to employ, contract, or
128 otherwise engage a person to serve as a diversity, equity, and
129 inclusion officer.
130 (4) Any member of the governing body of a municipality or
131 other municipal official acting in an official capacity who
132 violates this section commits misfeasance or malfeasance in
133 office.
134 (5) An action in circuit court may be brought against a
135 municipality that violates this section by a resident of the
136 municipality. The court may enter a judgment awarding
137 declaratory and injunctive relief, damages, and costs.
138 (6)(a) This section does not prohibit any official action
139 by the governing body of a municipality required for compliance
140 with state or federal laws or regulations.
141 (b) This section does not prohibit a municipality from:
142 1. Recognizing or promoting holidays designated by federal
143 law, including those designated in 5 U.S.C. s. 6103.
144 2. Recognizing or promoting state holidays and special
145 observances, including those designated in chapter 683.
146 3. Recognizing or promoting patriotic and national
147 observances recognized by federal law, including those
148 designated in 36 U.S.C. ss. 101-148.
149 4. Recognizing or honoring the individuals and groups
150 recognized and honored by the monuments and memorials authorized
151 by chapter 265 or recognizing the events forming the basis for
152 such monuments or memorials.
153 (7) This section does not apply to:
154 (a) The actions of a body composed of nonelected
155 volunteers; or
156 (b) Basic administrative support provided to a body
157 composed of nonelected volunteers, unless such administrative
158 support is provided by a municipal employee whose sole function
159 is the provision of such administrative support.
160 Section 3. Section 287.139, Florida Statutes, is created to
161 read:
162 287.139 Prohibition against using diversity, equity, and
163 inclusion material.—A potential recipient of a county or
164 municipal contract or grant shall certify to the county or
165 municipality, as applicable, before being awarded such contract
166 or grant that the potential recipient does not and will not use
167 county or municipal funds in requiring its employees,
168 contractors, volunteers, vendors, or agents to ascribe to,
169 study, or be instructed using materials relating to diversity,
170 equity, and inclusion as defined in ss. 125.595(1) and
171 166.04971(1).
172 Section 4. This act shall take effect January 1, 2026.
173
174 ================= T I T L E A M E N D M E N T ================
175 And the title is amended as follows:
176 Delete everything before the enacting clause
177 and insert:
178 A bill to be entitled
179 An act relating to official actions of local
180 governments; creating ss. 125.595 and 166.04971, F.S.;
181 defining terms; prohibiting counties and
182 municipalities, respectively, from funding or
183 promoting or taking official action as it relates to
184 diversity, equity, and inclusion; prohibiting counties
185 and municipalities, respectively, from expending funds
186 for diversity, equity, and inclusion offices or for
187 diversity, equity, and inclusion officers; providing
188 that certain ordinances, resolutions, rules,
189 regulations, programs, and policies are void;
190 providing that a county commissioner, a member of the
191 governing body of a municipality, or any other county
192 or municipal official acting in an official capacity
193 who violates certain provisions commits misfeasance or
194 malfeasance in office; authorizing a cause of action
195 against counties and municipalities, respectively,
196 under certain circumstances; providing construction
197 and applicability; creating s. 287.139, F.S.;
198 requiring potential recipients of county and municipal
199 contracts and grants to make a certain certification
200 to the county or municipality before being awarded
201 such contract or grant; providing an effective date.