Florida Senate - 2022                                     SB 242
       
       
        
       By Senator Gruters
       
       
       
       
       
       23-00012A-22                                           2022242__
    1                        A bill to be entitled                      
    2         An act relating to racial and sexual discrimination;
    3         creating s. 110.1222, F.S.; defining terms; requiring
    4         each agency head to take certain measures to prevent
    5         the use of training for agency employees which
    6         espouses certain concepts; providing duties of agency
    7         heads; requiring agency heads to request agency
    8         inspectors general to review agency compliance with
    9         the act and to submit a report to the agency head;
   10         requiring the Department of Management Services, in
   11         consultation with the Florida Commission on Human
   12         Relations, to review diversity and inclusion training
   13         to ensure compliance with the act; requiring each
   14         agency to submit a report detailing spending on
   15         diversity or inclusion training to the Office of
   16         Policy and Budget by a specified date; providing an
   17         exception; providing for construction; amending s.
   18         125.01, F.S.; defining terms; authorizing governing
   19         bodies of counties to provide certain training,
   20         workshops, or programming; prohibiting counties from
   21         providing mandatory employee training that espouses
   22         certain concepts; providing an exception; requiring
   23         counties to ensure certain diversity and inclusion
   24         efforts and to prohibit certain discrimination;
   25         providing for construction; amending s. 166.021, F.S.;
   26         defining terms; authorizing municipalities to provide
   27         certain training, workshops, or programming;
   28         prohibiting municipalities from providing mandatory
   29         employee training that espouses certain concepts;
   30         providing an exception; requiring municipalities to
   31         ensure certain diversity and inclusion efforts and to
   32         prohibit certain discrimination; providing for
   33         construction; creating s. 287.0741, F.S.; defining
   34         terms; requiring contracts with an agency which are
   35         entered into or renewed on or after a specified date
   36         to include the option to terminate if the contractor
   37         provides workforce training that espouses certain
   38         concepts; requiring a contractor to submit a
   39         certification before entering into or renewing a
   40         contract; requiring each agency to report violations
   41         to the department for investigation; authorizing a
   42         contractor’s placement on the discriminatory vendor
   43         list under certain conditions; providing for
   44         construction; amending s. 1000.05, F.S.; defining
   45         terms; authorizing public K-20 educational
   46         institutions to provide certain training; prohibiting
   47         public K-20 educational institutions from providing
   48         mandatory employee or student training that espouses
   49         certain concepts; providing an exception; requiring
   50         public K-20 educational institutions to ensure certain
   51         diversity and inclusion efforts and to prohibit
   52         certain discrimination; providing for construction;
   53         providing an effective date.
   54  
   55  Be It Enacted by the Legislature of the State of Florida:
   56  
   57         Section 1. Section 110.1222, Florida Statutes, is created
   58  to read:
   59         110.1222Policy against race or sex scapegoating or race or
   60  sex stereotyping.—
   61         (1)As used in this section, the term:
   62         (a)“Divisive concepts” means any of the following
   63  concepts, including views espousing that:
   64         1.One race or sex is inherently superior to another race
   65  or sex.
   66         2.The United States is fundamentally racist or sexist.
   67         3.An individual, by virtue of his or her race or sex, is
   68  inherently racist, sexist, or oppressive, whether consciously or
   69  subconsciously.
   70         4.An individual should be discriminated against or receive
   71  adverse treatment solely or partly because of his or her race or
   72  sex.
   73         5.Members of one race or sex cannot and should not attempt
   74  to treat others without respect to race or sex.
   75         6.An individual’s moral character is inherently determined
   76  by his or her race or sex.
   77         7.An individual, by virtue of his or her race or sex,
   78  bears responsibility for actions committed in the past by other
   79  members of the same race or sex.
   80         8.An individual should feel discomfort, guilt, anguish, or
   81  any other form of psychological distress on account of his or
   82  her race or sex.
   83         9.Meritocracy or traits, such as a hard work ethic, are
   84  racist or sexist or were created by a particular race to oppress
   85  another race.
   86         10.Any other form of race or sex scapegoating or race or
   87  sex stereotyping.
   88         (b)“Race or sex scapegoating” means assigning fault,
   89  blame, or bias to a race or sex, or to a member of a race or sex
   90  because of his or her race or sex. The term includes any claim
   91  that, consciously or subconsciously, and by virtue of his or her
   92  race or sex, a member of any race is inherently racist or is
   93  inherently inclined to oppress others, or that a member of a sex
   94  is inherently sexist or is inherently inclined to oppress
   95  others.
   96         (c)“Race or sex stereotyping” means ascribing character
   97  traits, values, moral and ethical codes, privileges, status, or
   98  beliefs to a race or sex, or to an individual because of his or
   99  her race or sex.
  100         (2)The head of each state agency shall:
  101         (a)Ensure that his or her respective agency, agency
  102  employees while acting within the scope of their employment, and
  103  any contractors hired by the agency to provide training,
  104  workshops, or similar programming to agency employees do not
  105  teach, advocate, act upon, or promote divisive concepts, race or
  106  sex scapegoating, or race or sex stereotyping in any training
  107  for agency employees. This paragraph does not prevent an agency
  108  employee or hired contractor who provides such training from
  109  responding to questions regarding specific divisive concepts
  110  raised by participants in the training.
  111         (b)Ensure that all agency diversity and inclusion efforts
  112  encourage agency employees not to judge each other based on
  113  color, race, ethnicity, sex, or any other characteristic
  114  protected by federal or state law.
  115         (c)Request the agency inspector general to review and
  116  assess, at least once each calendar year, agency compliance with
  117  the requirements of this section. The agency inspector general
  118  shall submit a report to the agency head detailing any findings
  119  of such review.
  120         (d)Designate responsibility for ensuring compliance with
  121  the requirements of this section to at least one agency
  122  official.
  123         (e)Take appropriate disciplinary action against an
  124  employee or hired contractor who is responsible for promoting
  125  diversity and inclusion if the employee or contractor either
  126  authorizes or approves training that promotes divisive concepts,
  127  race or sex scapegoating, or race or sex stereotyping.
  128         (3)All employee training programs relating to diversity or
  129  inclusion must be reviewed by the department, in consultation
  130  with the Florida Commission on Human Relations, to ensure
  131  compliance with the requirements provided in paragraphs (2)(a)
  132  and (b).
  133         (4)By October 1, 2022, each agency shall report to the
  134  Office of Policy and Budget in the Executive Office of the
  135  Governor all expenditures in the 2021-2022 fiscal year on
  136  employee training programs relating to diversity or inclusion
  137  and whether such training is conducted internally or by
  138  contractors. In addition to providing aggregate expenditure
  139  totals, the report must delineate awards to each individual
  140  contractor.
  141         (5)This section does not prohibit an agency from promoting
  142  racial, cultural, ethnic, or intellectual diversity or
  143  inclusiveness, so long as such efforts do not conflict with the
  144  requirements of this section.
  145         (6)This section may not be construed to prohibit the
  146  discussion of divisive concepts, as part of a larger course of
  147  instruction, in an objective manner and without endorsement.
  148         Section 2. Subsection (8) is added to section 125.01,
  149  Florida Statutes, to read:
  150         125.01 Powers and duties.—
  151         (8)(a)As used in this subsection, the term:
  152         1.“Divisive concepts” means any of the following concepts,
  153  including views espousing that:
  154         a.One race or sex is inherently superior to another race
  155  or sex.
  156         b.The United States is fundamentally racist or sexist.
  157         c.An individual, by virtue of his or her race or sex, is
  158  inherently racist, sexist, or oppressive, whether consciously or
  159  subconsciously.
  160         d.An individual should be discriminated against or receive
  161  adverse treatment solely or partly because of his or her race or
  162  sex.
  163         e.Members of one race or sex cannot and should not attempt
  164  to treat others without respect to race or sex.
  165         f.An individual’s moral character is inherently determined
  166  by his or her race or sex.
  167         g.An individual, by virtue of his or her race or sex,
  168  bears responsibility for actions committed in the past by other
  169  members of the same race or sex.
  170         h.An individual should feel discomfort, guilt, anguish, or
  171  any other form of psychological distress on account of his or
  172  her race or sex.
  173         i.Meritocracy or traits, such as a hard work ethic, are
  174  racist or sexist or were created by a particular race to oppress
  175  another race.
  176         j.Any other form of race or sex scapegoating or race or
  177  sex stereotyping.
  178         2.“Race or sex scapegoating” means assigning fault, blame,
  179  or bias to a race or sex, or to a member of a race or sex
  180  because of his or her race or sex. The term includes any claim
  181  that, consciously or subconsciously, and by virtue of his or her
  182  race or sex, a member of any race is inherently racist or is
  183  inherently inclined to oppress others, or that a member of a sex
  184  is inherently sexist or is inherently inclined to oppress
  185  others.
  186         3.“Race or sex stereotyping” means ascribing character
  187  traits, values, moral and ethical codes, privileges, status, or
  188  beliefs to a race or sex, or to an individual because of his or
  189  her race or sex.
  190         (b)The governing body of each county may provide training,
  191  workshops, or similar programming that fosters a workplace
  192  environment that is respectful of all employees. However, any
  193  mandatory employee training, whether provided by a county
  194  employee or a hired contractor, may not teach, advocate,
  195  encourage, act upon, or promote divisive concepts, race or sex
  196  scapegoating, or race or sex stereotyping. This paragraph does
  197  not prevent a county employee or hired contractor who provides
  198  such training from responding to questions regarding specific
  199  divisive concepts raised by participants in the training.
  200         (c)The governing body of each county shall ensure that all
  201  diversity and inclusion efforts encourage employees not to judge
  202  each other based on color, race, ethnicity, sex, or any other
  203  characteristic protected by federal or state law. Each county
  204  shall prohibit its employees from discriminating against other
  205  employees based on color, race, ethnicity, sex, or any other
  206  characteristic protected by federal or state law.
  207         (d)This subsection may not be construed to do any of the
  208  following:
  209         1.Inhibit or violate the rights protected by the First
  210  Amendment to the United States Constitution and s. 4, Art. I of
  211  the State Constitution or undermine intellectual freedom and
  212  free expression. The intellectual vitality of employees may not
  213  be infringed upon under this subsection.
  214         2.Prevent a county from promoting racial, cultural,
  215  ethnic, or intellectual diversity or inclusiveness, so long as
  216  such efforts do not conflict with the requirements of this
  217  subsection and other applicable laws.
  218         3.Prohibit the discussion of divisive concepts, as part of
  219  a larger course of instruction, in an objective manner and
  220  without endorsement.
  221         4.Create any right or benefit, substantive or procedural,
  222  enforceable at law or in equity by any party against the county,
  223  its departments, agencies, or entities, its officers, employees,
  224  or agents, or any other person.
  225         5.Prohibit a state or federal court or agency of competent
  226  jurisdiction from ordering training or other remedial action
  227  that discusses divisive concepts due to a finding of
  228  discrimination, including discrimination based on race or sex.
  229         Section 3. Subsection (10) is added to section 166.021,
  230  Florida Statutes, to read:
  231         166.021 Powers.—
  232         (10)(a)As used in this subsection, the term:
  233         1.“Divisive concepts” means any of the following concepts,
  234  including views espousing that:
  235         a.One race or sex is inherently superior to another race
  236  or sex.
  237         b.The United States is fundamentally racist or sexist.
  238         c.An individual, by virtue of his or her race or sex, is
  239  inherently racist, sexist, or oppressive, whether consciously or
  240  subconsciously.
  241         d.An individual should be discriminated against or receive
  242  adverse treatment solely or partly because of his or her race or
  243  sex.
  244         e.Members of one race or sex cannot and should not attempt
  245  to treat others without respect to race or sex.
  246         f.An individual’s moral character is inherently determined
  247  by his or her race or sex.
  248         g.An individual, by virtue of his or her race or sex,
  249  bears responsibility for actions committed in the past by other
  250  members of the same race or sex.
  251         h.An individual should feel discomfort, guilt, anguish, or
  252  any other form of psychological distress on account of his or
  253  her race or sex.
  254         i.Meritocracy or traits, such as a hard work ethic, are
  255  racist or sexist or were created by a particular race to oppress
  256  another race.
  257         j.Any other form of race or sex scapegoating or race or
  258  sex stereotyping.
  259         2.“Race or sex scapegoating” means assigning fault, blame,
  260  or bias to a race or sex, or to a member of a race or sex
  261  because of his or her race or sex. The term includes any claim
  262  that, consciously or subconsciously, and by virtue of his or her
  263  race or sex, a member of any race is inherently racist or is
  264  inherently inclined to oppress others, or that a member of a sex
  265  is inherently sexist or is inherently inclined to oppress
  266  others.
  267         3.“Race or sex stereotyping” means ascribing character
  268  traits, values, moral and ethical codes, privileges, status, or
  269  beliefs to a race or sex, or to an individual because of his or
  270  her race or sex.
  271         (b)The governing body of each municipality may provide
  272  training, workshops, or similar programming that fosters a
  273  workplace environment that is respectful of all employees.
  274  However, any mandatory employee training, whether provided by a
  275  municipality employee or a hired contractor, may not teach,
  276  advocate, encourage, act upon, or promote divisive concepts,
  277  race or sex scapegoating, or race or sex stereotyping. This
  278  paragraph does not prevent a municipality employee or hired
  279  contractor who provides such training from responding to
  280  questions regarding specific divisive concepts raised by
  281  participants in the training.
  282         (c)The governing body of each municipality shall ensure
  283  that all diversity and inclusion efforts encourage employees not
  284  to judge each other based on color, race, ethnicity, sex, or any
  285  other characteristic protected by federal or state law. Each
  286  municipality shall prohibit its employees from discriminating
  287  against other employees based on color, race, ethnicity, sex, or
  288  any other characteristic protected by federal or state law.
  289         (d)This subsection may not be construed to do any of the
  290  following:
  291         1.Inhibit or violate the rights protected by the First
  292  Amendment to the United States Constitution and s. 4, Art. I of
  293  the State Constitution or undermine intellectual freedom and
  294  free expression. The intellectual vitality of municipal
  295  employees may not be infringed upon under this subsection.
  296         2.Prevent a municipality from promoting racial, cultural,
  297  ethnic, or intellectual diversity or inclusiveness, so long as
  298  such efforts do not conflict with the requirements of this
  299  subsection and other applicable laws.
  300         3.Prohibit the discussion of divisive concepts, as part of
  301  a larger course of instruction, in an objective manner and
  302  without endorsement.
  303         4.Create any right or benefit, substantive or procedural,
  304  enforceable at law or in equity by any party against the
  305  municipality; its departments, agencies, or entities; its
  306  officers, employees, or agents; or any other person.
  307         5.Prohibit a state or federal court or agency of competent
  308  jurisdiction from ordering training or other remedial action
  309  that discusses divisive concepts due to a finding of
  310  discrimination, including discrimination based on race or sex.
  311         Section 4. Section 287.0741, Florida Statutes, is created
  312  to read:
  313         287.0741Policy against race or sex scapegoating or race or
  314  sex stereotyping; contract requirements.—
  315         (1)As used in this section, the term:
  316         (a)“Race or sex scapegoating” means assigning fault,
  317  blame, or bias to a race or sex, or to a member of a race or sex
  318  because of his or her race or sex. The term includes any claim
  319  that, consciously or subconsciously, and by virtue of his or her
  320  race or sex, a member of any race is inherently racist or is
  321  inherently inclined to oppress others, or that a member of a sex
  322  is inherently sexist or is inherently inclined to oppress
  323  others.
  324         (b)“Race or sex stereotyping” means ascribing character
  325  traits, values, moral and ethical codes, privileges, status, or
  326  beliefs to a race or sex, or to an individual because of his or
  327  her race or sex.
  328         (2)Any contract with an agency for goods or services
  329  entered into or renewed on or after October 1, 2022, must
  330  contain a provision that allows for the termination of the
  331  contract at the option of the awarding body if the contractor
  332  has provided workforce training that instills in its employees
  333  any form of race or sex scapegoating or race or sex
  334  stereotyping, including any of the following concepts:
  335         (a)One race or sex is inherently superior to another race
  336  or sex.
  337         (b)The United States is fundamentally racist or sexist.
  338         (c)An individual, by virtue of his or her race or sex, is
  339  inherently racist, sexist, or oppressive, whether consciously or
  340  subconsciously.
  341         (d)An individual should be discriminated against or
  342  receive adverse treatment solely or partly because of his or her
  343  race or sex.
  344         (e)Members of one race or sex cannot and should not
  345  attempt to treat others without respect to race or sex.
  346         (f)An individual’s moral character is inherently
  347  determined by his or her race or sex.
  348         (g)An individual, by virtue of his or her race or sex,
  349  bears responsibility for actions committed in the past by other
  350  members of the same race or sex.
  351         (h)An individual should feel discomfort, guilt, anguish,
  352  or any other form of psychological distress on account of his or
  353  her race or sex.
  354         (i)Meritocracy or traits, such as a hard work ethic, are
  355  racist or sexist or were created by a particular race to oppress
  356  another race.
  357         (3)At the time a contractor submits a bid or proposal for
  358  a contract or before the contractor enters into or renews a
  359  contract for goods or services with an agency, the contractor
  360  must certify that the contractor will not provide workforce
  361  training that instills any form of race or sex scapegoating or
  362  race or sex stereotyping as described in paragraphs (2)(a)-(i)
  363  for the duration of the contract.
  364         (4)If the contractor submits a false certification or
  365  violates the term of the contract by providing workforce
  366  training that instills race or sex scapegoating or race or sex
  367  stereotyping, the agency must report any such violation to the
  368  Department of Management Services for investigation. In addition
  369  to termination of the underlying contract, the contractor may be
  370  considered for placement on the discriminatory vendor list in
  371  accordance with the procedures and requirements of s. 287.134.
  372         (5)This section does not prohibit a contractor from
  373  promoting racial, cultural, ethnic, or intellectual diversity or
  374  inclusiveness, so long as such efforts do not conflict with the
  375  requirements of this section.
  376         (6)This section may not be construed to prohibit the
  377  discussion of divisive concepts, as part of a larger course of
  378  instruction, in an objective manner and without endorsement.
  379         Section 5. Present subsection (8) of section 1000.05,
  380  Florida Statutes, is redesignated as subsection (9), and a new
  381  subsection (8) is added to that section, to read:
  382         1000.05 Discrimination against students and employees in
  383  the Florida K-20 public education system prohibited; equality of
  384  access required.—
  385         (8)(a)For purposes of this subsection, the term:
  386         1.“Divisive concepts” means any of the following concepts,
  387  including views espousing that:
  388         a.One race or sex is inherently superior to another race
  389  or sex.
  390         b.The United States is fundamentally racist or sexist.
  391         c.An individual, by virtue of his or her race or sex, is
  392  inherently racist, sexist, or oppressive, whether consciously or
  393  subconsciously.
  394         d.An individual should be discriminated against or receive
  395  adverse treatment solely or partly because of his or her race or
  396  sex.
  397         e.Members of one race or sex cannot and should not attempt
  398  to treat others without respect to race or sex.
  399         f.An individual’s moral character is inherently determined
  400  by his or her race or sex.
  401         g.An individual, by virtue of his or her race or sex,
  402  bears responsibility for actions committed in the past by other
  403  members of the same race or sex.
  404         h.An individual should feel discomfort, guilt, anguish, or
  405  any other form of psychological distress on account of his or
  406  her race or sex.
  407         i.Meritocracy or traits, such as a hard work ethic, are
  408  racist or sexist or were created by a particular race to oppress
  409  another race.
  410         j.Any other form of race or sex scapegoating or race or
  411  sex stereotyping.
  412         2.“Race or sex scapegoating” means assigning fault, blame,
  413  or bias to a race or sex, or to a member of a race or sex
  414  because of his or her race or sex. The term includes any claim
  415  that, consciously or subconsciously, and by virtue of his or her
  416  race or sex, a member of any race is inherently racist or is
  417  inherently inclined to oppress others, or that a member of a sex
  418  is inherently sexist or is inherently inclined to oppress
  419  others.
  420         3.“Race or sex stereotyping” means ascribing character
  421  traits, values, moral and ethical codes, privileges, status, or
  422  beliefs to a race or sex, or to an individual because of his or
  423  her race or sex.
  424         (b)Each public K-20 educational institution may provide
  425  training that fosters a workplace and learning environment that
  426  is respectful of all employees and students. However, any
  427  curriculum or mandatory employee or student training, whether
  428  provided by an employee or a hired contractor, may not teach,
  429  advocate, encourage, act upon, or promote divisive concepts,
  430  race or sex scapegoating, or race or sex stereotyping. This
  431  paragraph does not prevent an employee or a hired contractor who
  432  teaches a curriculum or who provides mandatory employee or
  433  student training from responding to questions regarding divisive
  434  concepts raised by participants in the class or training.
  435         (c)Diversity and inclusion efforts must encourage
  436  employees and students not to judge each other based on color,
  437  race, ethnicity, sex, or any other characteristic protected by
  438  federal or state law. Each public K-20 educational institution
  439  shall prohibit its employees from discriminating against
  440  students or other employees based on color, race, ethnicity,
  441  sex, or any other characteristic protected by federal or state
  442  law.
  443         (d)This subsection may not be construed to do any of the
  444  following:
  445         1.Inhibit or violate the rights protected by the First
  446  Amendment to the United States Constitution and s. 4, Art. I of
  447  the State Constitution or undermine a public K-20 educational
  448  institution’s duty to protect to the fullest degree intellectual
  449  freedom and free expression. The intellectual vitality of
  450  students and employees may not be infringed upon under this
  451  subsection.
  452         2.Prevent a public K-20 educational institution from
  453  promoting racial, cultural, ethnic, intellectual, or academic
  454  diversity or inclusiveness, so long as such efforts do not
  455  conflict with the requirements of this subsection and other
  456  applicable laws.
  457         3.Prohibit the discussion of divisive concepts, as part of
  458  a larger course of academic instruction, in an objective manner
  459  and without endorsement.
  460         4.Create any right or benefit, substantive or procedural,
  461  enforceable at law or in equity by any party against the state;
  462  its departments, agencies, or entities; its officers, employees,
  463  or agents; or any other person.
  464         5.Prohibit a state or federal court or agency of competent
  465  jurisdiction from ordering training or other remedial action
  466  that discusses divisive concepts due to a finding of
  467  discrimination, including discrimination based on race or sex.
  468         6.Prohibit the use of curriculum that teaches the topics
  469  of sexism, slavery, racial oppression, racial segregation, or
  470  racial discrimination, including topics relating to the
  471  enactment and enforcement of laws resulting in sexism, racial
  472  oppression, segregation, or discrimination.
  473         Section 6. This act shall take effect July 1, 2022.