Florida Senate - 2025 CS for SB 420
By the Committee on Community Affairs; and Senator Yarborough
578-02515-25 2025420c1
1 A bill to be entitled
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; prohibiting counties
8 and municipalities, respectively, from expending funds
9 for diversity, equity, and inclusion offices or for
10 diversity, equity, and inclusion officers; providing
11 that certain ordinances, resolutions, rules,
12 regulations, programs, and policies are void;
13 providing that a county commissioner, a member of the
14 governing body of a municipality, or any other county
15 or municipal official who violates certain provisions
16 commits misfeasance or malfeasance in office;
17 authorizing a cause of action against counties and
18 municipalities, respectively, under certain
19 circumstances; providing construction and
20 applicability; creating s. 287.139, F.S.; requiring
21 potential recipients of county and municipal contracts
22 and grants to make a certain certification to the
23 county or municipality before being awarded such
24 contract or grant; providing an effective date.
25
26 Be It Enacted by the Legislature of the State of Florida:
27
28 Section 1. Section 125.595, Florida Statutes, is created to
29 read:
30 125.595 Prohibition of official actions of counties
31 relating to diversity, equity, and inclusion; penalty; remedy.—
32 (1) For purposes of this section, the term:
33 (a) “Diversity, equity, and inclusion” means any effort to:
34 1. Manipulate or otherwise influence the composition of
35 employees with reference to race, color, sex, or ethnicity,
36 other than to ensure that hiring is conducted in accordance with
37 state and federal antidiscrimination laws;
38 2. Promote or provide differential or preferential
39 treatment or special benefits to a person or group based on that
40 person’s or group’s race, color, sex, ethnicity, gender
41 identity, or sexual orientation; or
42 3. Promote or adopt training, programming, or activities
43 designed or implemented with reference to race, color, sex,
44 ethnicity, gender identity, or sexual orientation.
45
46 The term does not include the use of equal opportunity or equal
47 employment opportunity materials designed to inform a person
48 about the prohibition against discrimination based on protected
49 status under state or federal law.
50 (b) “Diversity, equity, and inclusion office” means any
51 office, division, department, agency, center, or other unit of a
52 county which coordinates, creates, develops, designs,
53 implements, organizes, plans, or promotes policies, programming,
54 training, practices, meetings, activities, procedures, or
55 similar actions relating to diversity, equity, and inclusion.
56 (c) “Diversity, equity, and inclusion officer” means a
57 person who is a full-time or part-time employee of, or an
58 independent contractor contracted by, a county whose duties
59 include coordinating, creating, developing, designing,
60 implementing, organizing, planning, or promoting policies,
61 programming, training, practices, meetings, activities,
62 procedures or similar actions relating to diversity, equity, and
63 inclusion.
64 (2) A county may not fund or promote, directly or
65 indirectly, or take any official action, including, but not
66 limited to, the adoption or enforcement of ordinances,
67 resolutions, rules, regulations, programs, or policies, as it
68 relates to diversity, equity, and inclusion. Any such existing
69 ordinances, resolutions, rules, regulations, programs, or
70 policies are void.
71 (3) A county may not expend any funds, regardless of
72 source, to establish, sustain, support, or staff a diversity,
73 equity, and inclusion office or to employ, contract, or
74 otherwise engage a person to serve as a diversity, equity, and
75 inclusion officer.
76 (4) A county commissioner or other county official who
77 violates this section commits misfeasance or malfeasance in
78 office.
79 (5) An action in circuit court may be brought against a
80 county that violates this section by a resident of the county.
81 The court may enter a judgment awarding declaratory and
82 injunctive relief, damages, and costs. The court may also award
83 reasonable attorney fees to the prevailing party; however, the
84 court may not award reasonable attorney fees to a county as the
85 prevailing party.
86 (6) This section does not prohibit any official action by a
87 county required for compliance with state or federal laws or
88 regulations.
89 (7) This section does not apply to:
90 (a) The actions of an appointed county board or commission
91 composed of nonelected volunteers; or
92 (b) Basic administrative support provided to an appointed
93 county board or commission composed of nonelected volunteers,
94 unless such administrative support is provided by a county
95 employee whose sole function is the provision of such
96 administrative support.
97 Section 2. Section 166.04971, Florida Statutes, is created
98 to read:
99 166.04971 Prohibition of official actions of municipalities
100 relating to diversity, equity, and inclusion; penalty; remedy.—
101 (1) For purposes of this section, the term:
102 (a) “Diversity, equity, and inclusion” means any effort to:
103 1. Manipulate or otherwise influence the composition of
104 employees with reference to race, color, sex, or ethnicity,
105 other than to ensure that hiring is conducted in accordance with
106 state and federal antidiscrimination laws;
107 2. Promote or provide differential or preferential
108 treatment or special benefits to a person or group based on that
109 person’s or group’s race, color, sex, ethnicity, gender
110 identity, or sexual orientation; or
111 3. Promote or adopt training, programming, or activities
112 designed or implemented with reference to race, color, sex,
113 ethnicity, gender identity, or sexual orientation.
114
115 The term does not include the use of equal opportunity or equal
116 employment opportunity materials designed to inform a person
117 about the prohibition against discrimination based on protected
118 status under state or federal law.
119 (b) “Diversity, equity, and inclusion office” means any
120 office, division, department, agency, center, or other unit of a
121 municipality which coordinates, creates, develops, designs,
122 implements, organizes, plans, or promotes policies, programming,
123 training, practices, meetings, activities, procedures, or
124 similar actions relating to diversity, equity, and inclusion.
125 (c) “Diversity, equity, and inclusion officer” means a
126 person who is a full-time or part-time employee of, or an
127 independent contractor contracted by, a municipality whose
128 duties include coordinating, creating, developing, designing,
129 implementing, organizing, planning, or promoting policies,
130 programming, training, practices, meetings, activities,
131 procedures or similar actions relating to diversity, equity, and
132 inclusion.
133 (2) A municipality may not fund or promote, directly or
134 indirectly, or take any official action, including, but not
135 limited to, the adoption or enforcement of ordinances,
136 resolutions, rules, regulations, programs, or policies, as it
137 relates to diversity, equity, and inclusion. Any such existing
138 ordinances, resolutions, rules, regulations, programs, or
139 policies are void.
140 (3) A municipality may not expend any funds, regardless of
141 source, to establish, sustain, support, or staff a diversity,
142 equity, and inclusion office or to employ, contract, or
143 otherwise engage a person to serve as a diversity, equity, and
144 inclusion officer.
145 (4) Any member of the governing body of a municipality or
146 other municipal official who violates this section commits
147 misfeasance or malfeasance in office.
148 (5) An action in circuit court may be brought against a
149 municipality that violates this section by a resident of the
150 municipality. The court may enter a judgment awarding
151 declaratory and injunctive relief, damages, and costs. The court
152 may also award reasonable attorney fees to the prevailing party;
153 however, the court may not award reasonable attorney fees to a
154 municipality as the prevailing party.
155 (6) This section does not prohibit any official action by
156 the governing body of a municipality required for compliance
157 with state or federal laws or regulations.
158 (7) This section does not apply to:
159 (a) The actions of an appointed municipal board or
160 commission composed of nonelected volunteers; or
161 (b) Basic administrative support provided to an appointed
162 municipal board or commission composed of nonelected volunteers,
163 unless such administrative support is provided by a municipal
164 employee whose sole function is the provision of such
165 administrative support.
166 Section 3. Section 287.139, Florida Statutes, is created to
167 read:
168 287.139 Prohibition against using diversity, equity, and
169 inclusion material.—A potential recipient of a county or
170 municipal contract or grant shall certify to the county or
171 municipality, as applicable, before being awarded such contract
172 or grant that the potential recipient does not and will not use
173 county or municipal funds in requiring its employees,
174 contractors, volunteers, vendors, or agents to ascribe to,
175 study, or be instructed using materials relating to diversity,
176 equity, and inclusion as defined in ss. 125.595(1) and
177 166.04971(1).
178 Section 4. This act shall take effect December 31, 2025.