Florida Senate - 2022 SB 388 By Senator Berman 31-00053C-22 2022388__ 1 A bill to be entitled 2 An act relating to the Office of Diversity, Equity, 3 and Inclusion; creating s. 14.2031, F.S.; providing 4 legislative intent; defining terms; establishing the 5 office within the Executive Office of the Governor; 6 providing for the appointment of a Chief Diversity 7 Officer; prescribing minimum qualifications for the 8 Chief Diversity Officer; providing the duties of the 9 Chief Diversity Officer, including creation of a 10 strategic plan that must be periodically updated and 11 the review of certain agency programs and policies; 12 providing an effective date. 13 14 Be It Enacted by the Legislature of the State of Florida: 15 16 Section 1. Section 14.2031, Florida Statutes, is created to 17 read: 18 14.2031 Office of Diversity, Equity, and Inclusion.— 19 (1) It is the intent of the Legislature that the office 20 established under this act will work to end systemic racism; to 21 fully realize equal opportunity as the bedrock of American 22 society; to recognize diversity as one of this state’s greatest 23 strengths; to promote equity, racial justice, and civil rights; 24 to advance inclusivity and ensure fairness in executive 25 decisionmaking processes; to identify and work to redress racial 26 inequities in agency policies and programs which serve as 27 barriers to equal opportunity; and to assist Floridians in 28 reaching their full potential by advancing the principles of 29 diversity, equity, and inclusion. 30 (2) As used in this section, the term: 31 (a) “Equity” means the consistent and systematic fair, 32 just, and impartial treatment of all individuals who belong to 33 underserved communities that have been denied such treatment, 34 including Black, Latino, indigenous and Native American persons, 35 Asian Americans, Pacific Islanders, and other persons of color; 36 members of religious minorities; lesbian, gay, bisexual, 37 transgender, and queer (LGBTQ+) persons; persons with 38 disabilities; persons who live in rural areas; and persons 39 otherwise adversely affected by persistent poverty or 40 inequality. 41 (b) “Office” means the Office of Diversity, Equity, and 42 Inclusion. 43 (c) “Underserved communities” means populations that share 44 a particular characteristic, as well as geographic communities, 45 which have been systematically denied the opportunity to fully 46 participate in aspects of economic, social, and civic life and 47 which include those communities identified in paragraph (a). 48 (3) The Office of Diversity, Equity, and Inclusion is 49 established within the Executive Office of the Governor. The 50 office shall be headed by a Chief Diversity Officer, who shall 51 be appointed by and serve at the pleasure of the Governor. At 52 the time of appointment, the Chief Diversity Officer must have, 53 at a minimum, a master’s degree with a concentration in human 54 resource management, social justice, postsecondary education, 55 sociology, social anthropology, public administration, or any 56 other related field and 3 years of professional experience 57 involving the advancement of diversity, equity, and inclusion in 58 the private or public sectors. Staff assigned to the office 59 shall assist the Chief Diversity Officer in carrying out the 60 duties prescribed in this section. 61 (4) The Chief Diversity Officer shall: 62 (a) In coordination with agency heads or their designees 63 and no later than October 1, 2022, create a strategic plan to 64 guide the office and the agencies in their efforts to ensure the 65 enactment of principles, policies, and approaches aimed at 66 establishing equity across state government, including, but not 67 limited to, efforts to remove systemic barriers and provide 68 equal access to opportunities and benefits and to identify 69 underserved communities and policies designed to advance their 70 standing. The strategic plan must be updated every 4 years. 71 (b) Partner with agency heads or their designees to study 72 methods for assessing whether agency policies and actions create 73 or exacerbate barriers to full and equal participation by all 74 eligible individuals and identify the best methods, consistent 75 with applicable law, to assist agencies in assessing equity with 76 respect to race, ethnicity, religion, income, geography, gender 77 identity, sexual orientation, and disability. 78 (c) No later than January 31, 2023, in consultation with 79 heads of state agencies or their designees, use the methods 80 identified pursuant to paragraph (b) to select for review 81 specific agency programs and policies to assess whether 82 underserved communities and their members face systemic barriers 83 in accessing benefits and opportunities associated with those 84 policies and programs. 85 (d) Identify opportunities to promote the principles of 86 diversity, equity, and inclusion in the Governor’s recommended 87 budget, with the objective of increasing the state’s investment, 88 through the appropriations process, in underserved communities. 89 (e) Advise the Governor on matters relating to existing 90 economic, health, educational, and environmental inequities 91 within underserved communities and assist in the formulation of 92 policies and legislation that advance equal opportunity and 93 prosperity. 94 (f) Coordinate with the Attorney General to review the Laws 95 of Florida and the Florida Statutes to identify existing laws 96 that were intended to promote or enable racial discrimination or 97 inequity or that include racist language and to make 98 recommendations to the Legislature for repealing any such laws. 99 (g) Contract with a third-party organization to conduct 100 implicit bias training for employees of state agencies. 101 Section 2. This act shall take effect July 1, 2022.