Florida Senate - 2025                                     SB 420
       
       
        
       By Senator Yarborough
       
       
       
       
       
       4-01682B-25                                            2025420__
    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         prohibiting counties and municipalities, respectively,
    5         from taking official action as it relates to
    6         diversity, equity, and inclusion; providing a penalty;
    7         authorizing a cause of action against counties and
    8         municipalities, respectively, that take such action;
    9         providing construction; providing for retroactive
   10         applicability; defining the term “diversity, equity,
   11         and inclusion”; providing an effective date.
   12          
   13  Be It Enacted by the Legislature of the State of Florida:
   14  
   15         Section 1. Section 125.595, Florida Statutes, is created to
   16  read:
   17         125.595 Prohibition of official actions of counties
   18  relating to diversity, equity, and inclusion; penalty; remedy.—
   19         (1) A county may not take any official action, including,
   20  but not limited to, the adoption of ordinances, resolutions,
   21  rules or regulations, programs, or policies, as it relates to
   22  diversity, equity, and inclusion.
   23         (2) A county commissioner who violates subsection (1), or
   24  who votes in favor of an ordinance to expand the powers or
   25  authority of an existing office, special district, or
   26  governmental unit for the purpose of exercising any power or
   27  authority allocated exclusively by the State Constitution or
   28  general law to take official action as it relates to diversity,
   29  equity, and inclusion, is guilty of misfeasance or malfeasance
   30  in office.
   31         (3) An action in circuit court may be brought against a
   32  county that violates this section by a resident of the county.
   33  The court may enter a judgment awarding declaratory and
   34  injunctive relief, damages, and costs. The court may also award
   35  reasonable attorney fees to the prevailing party; however, the
   36  court may not award reasonable attorney fees to a county as the
   37  prevailing party.
   38         (4) This section does not prohibit any official action by a
   39  county required for compliance with general or federal laws or
   40  regulations.
   41         (5) This section applies retroactively to all official
   42  actions taken by a county before July 1, 2025.
   43         (6) For purposes of this section, the term “diversity,
   44  equity, and inclusion” means any ordinance or policy that
   45  classifies an individual on the basis of race, color, sex,
   46  national origin, gender identity, or sexual orientation and
   47  promotes deferential or preferential treatment of individuals on
   48  the basis of such classification.
   49         Section 2. Section 166.04971, Florida Statutes, is created
   50  to read:
   51         166.04971 Prohibition of official actions of municipalities
   52  relating to diversity, equity, and inclusion; penalty; remedy.—
   53         (1) A municipality may not take any official action,
   54  including, but not limited to, the adoption of ordinances,
   55  resolutions, rules or regulations, programs, or policies, as it
   56  relates to diversity, equity, and inclusion.
   57         (2) Any member of the governing body of a municipality who
   58  violates subsection (1), or who votes in favor of an ordinance
   59  to expand the powers or authority of an existing office, special
   60  district, or governmental unit for the purpose of exercising any
   61  power or authority allocated exclusively by the State
   62  Constitution or general law to take official action as it
   63  relates to diversity, equity, and inclusion, is guilty of
   64  misfeasance or malfeasance in office.
   65         (3) An action in circuit court may be brought against a
   66  municipality that violates this section by a resident of the
   67  municipality. The court may enter a judgment awarding
   68  declaratory and injunctive relief, damages, and costs. The court
   69  may also award reasonable attorney fees to the prevailing party;
   70  however, the court may not award reasonable attorney fees to a
   71  municipality as the prevailing party.
   72         (4) This section does not prohibit any official action by
   73  the governing body of a municipality required for compliance
   74  with general or federal laws or regulations.
   75         (5) This section applies retroactively to all official
   76  actions taken by the governing body of a municipality before
   77  July 1, 2025.
   78         (6) For purposes of this section, the term “diversity,
   79  equity, and inclusion” means any ordinance or policy that
   80  classifies an individual on the basis of race, color, sex,
   81  national origin, gender identity, or sexual orientation and
   82  promotes deferential or preferential treatment of individuals on
   83  the basis of such classification.
   84         Section 3. This act shall take effect July 1, 2025.