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         125.595Prohibition 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         166.04971Prohibition 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.