Florida Senate - 2025 COMMITTEE AMENDMENT Bill No. CS for SB 420 Ì552064ÂÎ552064 LEGISLATIVE ACTION Senate . House Comm: TP . 04/02/2025 . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— 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.