Florida Senate - 2025                              CS for SB 420
       
       
        
       By the Committee on Community Affairs; and Senator Yarborough
       
       
       
       
       
       578-02515-25                                           2025420c1
    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         defining terms; prohibiting counties and
    5         municipalities, respectively, from funding or
    6         promoting or taking official action as it relates to
    7         diversity, equity, and inclusion; prohibiting counties
    8         and municipalities, respectively, from expending funds
    9         for diversity, equity, and inclusion offices or for
   10         diversity, equity, and inclusion officers; providing
   11         that certain ordinances, resolutions, rules,
   12         regulations, programs, and policies are void;
   13         providing that a county commissioner, a member of the
   14         governing body of a municipality, or any other county
   15         or municipal official who violates certain provisions
   16         commits misfeasance or malfeasance in office;
   17         authorizing a cause of action against counties and
   18         municipalities, respectively, under certain
   19         circumstances; providing construction and
   20         applicability; creating s. 287.139, F.S.; requiring
   21         potential recipients of county and municipal contracts
   22         and grants to make a certain certification to the
   23         county or municipality before being awarded such
   24         contract or grant; providing an effective date.
   25          
   26  Be It Enacted by the Legislature of the State of Florida:
   27  
   28         Section 1. Section 125.595, Florida Statutes, is created to
   29  read:
   30         125.595Prohibition of official actions of counties
   31  relating to diversity, equity, and inclusion; penalty; remedy.—
   32         (1)For purposes of this section, the term:
   33         (a) “Diversity, equity, and inclusion” means any effort to:
   34         1. Manipulate or otherwise influence the composition of
   35  employees with reference to race, color, sex, or ethnicity,
   36  other than to ensure that hiring is conducted in accordance with
   37  state and federal antidiscrimination laws;
   38         2. Promote or provide differential or preferential
   39  treatment or special benefits to a person or group based on that
   40  person’s or group’s race, color, sex, ethnicity, gender
   41  identity, or sexual orientation; or
   42         3. Promote or adopt training, programming, or activities
   43  designed or implemented with reference to race, color, sex,
   44  ethnicity, gender identity, or sexual orientation.
   45  
   46  The term does not include the use of equal opportunity or equal
   47  employment opportunity materials designed to inform a person
   48  about the prohibition against discrimination based on protected
   49  status under state or federal law.
   50         (b) “Diversity, equity, and inclusion office” means any
   51  office, division, department, agency, center, or other unit of a
   52  county which coordinates, creates, develops, designs,
   53  implements, organizes, plans, or promotes policies, programming,
   54  training, practices, meetings, activities, procedures, or
   55  similar actions relating to diversity, equity, and inclusion.
   56         (c) “Diversity, equity, and inclusion officer” means a
   57  person who is a full-time or part-time employee of, or an
   58  independent contractor contracted by, a county whose duties
   59  include coordinating, creating, developing, designing,
   60  implementing, organizing, planning, or promoting policies,
   61  programming, training, practices, meetings, activities,
   62  procedures or similar actions relating to diversity, equity, and
   63  inclusion.
   64         (2) A county may not fund or promote, directly or
   65  indirectly, or take any official action, including, but not
   66  limited to, the adoption or enforcement of ordinances,
   67  resolutions, rules, regulations, programs, or policies, as it
   68  relates to diversity, equity, and inclusion. Any such existing
   69  ordinances, resolutions, rules, regulations, programs, or
   70  policies are void.
   71         (3) A county may not expend any funds, regardless of
   72  source, to establish, sustain, support, or staff a diversity,
   73  equity, and inclusion office or to employ, contract, or
   74  otherwise engage a person to serve as a diversity, equity, and
   75  inclusion officer.
   76         (4)A county commissioner or other county official who
   77  violates this section commits misfeasance or malfeasance in
   78  office.
   79         (5)An action in circuit court may be brought against a
   80  county that violates this section by a resident of the county.
   81  The court may enter a judgment awarding declaratory and
   82  injunctive relief, damages, and costs. The court may also award
   83  reasonable attorney fees to the prevailing party; however, the
   84  court may not award reasonable attorney fees to a county as the
   85  prevailing party.
   86         (6)This section does not prohibit any official action by a
   87  county required for compliance with state or federal laws or
   88  regulations.
   89         (7) This section does not apply to:
   90         (a) The actions of an appointed county board or commission
   91  composed of nonelected volunteers; or
   92         (b) Basic administrative support provided to an appointed
   93  county board or commission composed of nonelected volunteers,
   94  unless such administrative support is provided by a county
   95  employee whose sole function is the provision of such
   96  administrative support.
   97         Section 2. Section 166.04971, Florida Statutes, is created
   98  to read:
   99         166.04971Prohibition of official actions of municipalities
  100  relating to diversity, equity, and inclusion; penalty; remedy.—
  101         (1)For purposes of this section, the term:
  102         (a) “Diversity, equity, and inclusion” means any effort to:
  103         1. Manipulate or otherwise influence the composition of
  104  employees with reference to race, color, sex, or ethnicity,
  105  other than to ensure that hiring is conducted in accordance with
  106  state and federal antidiscrimination laws;
  107         2. Promote or provide differential or preferential
  108  treatment or special benefits to a person or group based on that
  109  person’s or group’s race, color, sex, ethnicity, gender
  110  identity, or sexual orientation; or
  111         3. Promote or adopt training, programming, or activities
  112  designed or implemented with reference to race, color, sex,
  113  ethnicity, gender identity, or sexual orientation.
  114  
  115  The term does not include the use of equal opportunity or equal
  116  employment opportunity materials designed to inform a person
  117  about the prohibition against discrimination based on protected
  118  status under state or federal law.
  119         (b) “Diversity, equity, and inclusion office” means any
  120  office, division, department, agency, center, or other unit of a
  121  municipality which coordinates, creates, develops, designs,
  122  implements, organizes, plans, or promotes policies, programming,
  123  training, practices, meetings, activities, procedures, or
  124  similar actions relating to diversity, equity, and inclusion.
  125         (c) Diversity, equity, and inclusion officer” means a
  126  person who is a full-time or part-time employee of, or an
  127  independent contractor contracted by, a municipality whose
  128  duties include coordinating, creating, developing, designing,
  129  implementing, organizing, planning, or promoting policies,
  130  programming, training, practices, meetings, activities,
  131  procedures or similar actions relating to diversity, equity, and
  132  inclusion.
  133         (2) A municipality may not fund or promote, directly or
  134  indirectly, or take any official action, including, but not
  135  limited to, the adoption or enforcement of ordinances,
  136  resolutions, rules, regulations, programs, or policies, as it
  137  relates to diversity, equity, and inclusion. Any such existing
  138  ordinances, resolutions, rules, regulations, programs, or
  139  policies are void.
  140         (3) A municipality may not expend any funds, regardless of
  141  source, to establish, sustain, support, or staff a diversity,
  142  equity, and inclusion office or to employ, contract, or
  143  otherwise engage a person to serve as a diversity, equity, and
  144  inclusion officer.
  145         (4)Any member of the governing body of a municipality or
  146  other municipal official who violates this section commits
  147  misfeasance or malfeasance in office.
  148         (5)An action in circuit court may be brought against a
  149  municipality that violates this section by a resident of the
  150  municipality. The court may enter a judgment awarding
  151  declaratory and injunctive relief, damages, and costs. The court
  152  may also award reasonable attorney fees to the prevailing party;
  153  however, the court may not award reasonable attorney fees to a
  154  municipality as the prevailing party.
  155         (6)This section does not prohibit any official action by
  156  the governing body of a municipality required for compliance
  157  with state or federal laws or regulations.
  158         (7) This section does not apply to:
  159         (a) The actions of an appointed municipal board or
  160  commission composed of nonelected volunteers; or
  161         (b) Basic administrative support provided to an appointed
  162  municipal board or commission composed of nonelected volunteers,
  163  unless such administrative support is provided by a municipal
  164  employee whose sole function is the provision of such
  165  administrative support.
  166         Section 3. Section 287.139, Florida Statutes, is created to
  167  read:
  168         287.139 Prohibition against using diversity, equity, and
  169  inclusion material.—A potential recipient of a county or
  170  municipal contract or grant shall certify to the county or
  171  municipality, as applicable, before being awarded such contract
  172  or grant that the potential recipient does not and will not use
  173  county or municipal funds in requiring its employees,
  174  contractors, volunteers, vendors, or agents to ascribe to,
  175  study, or be instructed using materials relating to diversity,
  176  equity, and inclusion as defined in ss. 125.595(1) and
  177  166.04971(1).
  178         Section 4. This act shall take effect December 31, 2025.