Florida Senate - 2026 COMMITTEE AMENDMENT
Bill No. SB 1134
Ì403934-Î403934
LEGISLATIVE ACTION
Senate . House
Comm: RCS .
02/11/2026 .
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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:
7 125.595 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) “Acting in an official capacity” means performing or
11 purporting to perform a function, duty, or responsibility
12 assigned by law, rule, or policy to a public officer or public
13 employee, or otherwise exercising or claiming to exercise the
14 authority of such office or employment.
15 (b) “Diversity, equity, and inclusion” means any effort to:
16 1. Manipulate or otherwise influence the composition of
17 employees with reference to race, color, sex, ethnicity, gender
18 identity, or sexual orientation other than to ensure that hiring
19 is conducted in accordance with state and federal
20 antidiscrimination laws;
21 2. Promote or provide preferential treatment or special
22 benefits to a person or group based on that person’s or group’s
23 race, color, sex, ethnicity, gender identity, or sexual
24 orientation; or
25 3. Promote or adopt training, programming, or activities
26 designed or implemented with reference to race, color, sex,
27 ethnicity, gender identity, or sexual orientation.
28
29 The term does not include the use of equal opportunity or equal
30 employment opportunity materials designed to inform a person
31 about the prohibition against discrimination based on protected
32 status under state or federal law.
33 (c) “Diversity, equity, and inclusion office” means any
34 office, division, department, agency, center, or other unit of a
35 county which coordinates, creates, develops, designs,
36 implements, organizes, plans, or promotes policies, programming,
37 training, practices, meetings, activities, procedures, or
38 similar actions relating to diversity, equity, and inclusion.
39 (d) “Diversity, equity, and inclusion officer” means a
40 person who is a full-time or part-time employee of, or an
41 independent contractor contracted by, a county whose duties
42 include coordinating, creating, developing, designing,
43 implementing, organizing, planning, or promoting policies,
44 programming, training, practices, meetings, activities,
45 procedures, or similar actions relating to diversity, equity,
46 and inclusion.(2) A county may not fund or promote, directly or
47 indirectly, or take any official action, including, but not
48 limited to, the adoption or enforcement of ordinances,
49 resolutions, rules, regulations, programs, or policies, as it
50 relates to diversity, equity, and inclusion. Any such existing
51 ordinances, resolutions, rules, regulations, programs, or
52 policies are void.
53 (3) A county may not expend any funds, regardless of
54 source, to establish, sustain, support, or staff a diversity,
55 equity, and inclusion office or to employ, contract, or
56 otherwise engage a person to serve as a diversity, equity, and
57 inclusion officer.
58 (4) A county commissioner or other county official acting
59 in an official capacity who violates this section commits
60 misfeasance or malfeasance in office.
61 (5) A county may not provide or authorize its funds to be
62 used by employees, contractors, volunteers, vendors, or agents
63 to promote diversity, equity, and inclusion initiatives.
64 (6) An action in circuit court may be brought by a resident
65 of the county against a county that violates this section. The
66 court may enter a judgment awarding declaratory and injunctive
67 relief, damages, and costs.
68 (7)(a) This section does not prohibit any official action
69 by a county required for compliance with state or federal laws
70 or regulations.
71 (b) This section does not prohibit a county from doing any
72 of the following:
73 1. Recognizing or promoting holidays designated by federal
74 law, including those designated in 5 U.S.C. s. 6103.
75 2. Recognizing or promoting state holidays and special
76 observances, including those designated in chapter 683.
77 3. Recognizing or promoting patriotic and national
78 observances recognized by federal law, including those
79 designated in 36 U.S.C. ss. 101-148.
80 4. Recognizing or honoring the individuals and groups
81 recognized and honored by the monuments and memorials authorized
82 by chapter 265 or recognizing the events forming the basis for
83 such monuments or memorials.
84 (c) This section does not prohibit the use of equal
85 opportunity or equal employment opportunity materials designed
86 to inform a person about the prohibition against discrimination
87 based on protected status under state or federal law.
88 (d) This section may not be construed to conflict with:
89 1. Section 553.865 or analogous state and federal laws
90 protecting the right of males and females to restrooms and
91 changing facilities corresponding to their biological sex.
92 2. Part XII of chapter 39 or analogous state and federal
93 laws ensuring that victims of domestic violence and their
94 dependents have access to emergency shelters.
95 3. Section 1000.05 or analogous state and federal laws
96 prohibiting discrimination based on biological sex in
97 educational programs, sports, activities, and employment.
98 4. Chapter 381 or analogous state and federal laws ensuring
99 males and females have access to public health services
100 corresponding to their biological sex.
101 5. Any other state or federal laws recognizing the inherent
102 biological differences between males and females for the purpose
103 of ensuring their health, safety, and welfare.
104 (8) This section does not apply to:
105 (a) The actions of a body composed of nonelected
106 volunteers; or
107 (b) Basic administrative support provided to a body
108 composed of nonelected volunteers, unless such administrative
109 support is provided by a county employee whose sole function is
110 the provision of such administrative support.
111 Section 2. Section 166.04971, Florida Statutes, is created
112 to read:
113 166.04971 Prohibition of official actions of municipalities
114 relating to diversity, equity, and inclusion; penalty; remedy.—
115 (1) For purposes of this section, the term:
116 (a) “Acting in an official capacity” means performing or
117 purporting to perform a function, duty, or responsibility
118 assigned by law, rule, or policy to a public officer or public
119 employee, or otherwise exercising or claiming to exercise the
120 authority of such office or employment.
121 (b) “Diversity, equity, and inclusion” means any effort to:
122 1. Manipulate or otherwise influence the composition of
123 employees with reference to race, color, sex, ethnicity, gender
124 identity, or sexual orientation other than to ensure that hiring
125 is conducted in accordance with state and federal
126 antidiscrimination laws;
127 2. Promote or provide preferential treatment or special
128 benefits to a person or group based on that person’s or group’s
129 race, color, sex, ethnicity, gender identity, or sexual
130 orientation; or
131 3. Promote or adopt training, programming, or activities
132 designed or implemented with reference to race, color, sex,
133 ethnicity, gender identity, or sexual orientation.
134
135 The term does not include the use of equal opportunity or equal
136 employment opportunity materials designed to inform a person
137 about the prohibition against discrimination based on protected
138 status under state or federal law.
139 (c) “Diversity, equity, and inclusion office” means any
140 office, division, department, agency, center, or other unit of a
141 municipality which coordinates, creates, develops, designs,
142 implements, organizes, plans, or promotes policies, programming,
143 training, practices, meetings, activities, procedures, or
144 similar actions relating to diversity, equity, and inclusion.
145 (d) “Diversity, equity, and inclusion officer” means a
146 person who is a full-time or part-time employee of, or an
147 independent contractor contracted by, a municipality whose
148 duties include coordinating, creating, developing, designing,
149 implementing, organizing, planning, or promoting policies,
150 programming, training, practices, meetings, activities,
151 procedures, or similar actions relating to diversity, equity,
152 and inclusion.
153 (2) A municipality may not fund or promote, directly or
154 indirectly, or take any official action, including, but not
155 limited to, the adoption or enforcement of ordinances,
156 resolutions, rules, regulations, programs, or policies, as it
157 relates to diversity, equity, and inclusion. Any such existing
158 ordinances, resolutions, rules, regulations, programs, or
159 policies are void.
160 (3) A municipality may not expend any funds, regardless of
161 source, to establish, sustain, support, or staff a diversity,
162 equity, and inclusion office or to employ, contract, or
163 otherwise engage a person to serve as a diversity, equity, and
164 inclusion officer.
165 (4) Any member of the governing body of a municipality or
166 other municipal official acting in an official capacity who
167 violates this section commits misfeasance or malfeasance in
168 office.
169 (5) A municipality may not provide or authorize its funds
170 to be used by employees, contractors, volunteers, vendors, or
171 agents to promote diversity, equity, and inclusion initiatives.
172 (6) An action in circuit court may be brought by a resident
173 of the municipality against a municipality that violates this
174 section. The court may enter a judgment awarding declaratory and
175 injunctive relief, damages, and costs.
176 (7)(a) This section does not prohibit any official action
177 by the governing body of a municipality required for compliance
178 with state or federal laws or regulations.
179 (b) This section does not prohibit a municipality from
180 doing any of the following:
181 1. Recognizing or promoting holidays designated by federal
182 law, including those designated in 5 U.S.C. s. 6103.
183 2. Recognizing or promoting state holidays and special
184 observances, including those designated in chapter 683.
185 3. Recognizing or promoting patriotic and national
186 observances recognized by federal law, including those
187 designated in 36 U.S.C. ss. 101-148.
188 4. Recognizing or honoring the individuals and groups
189 recognized and honored by the monuments and memorials authorized
190 by chapter 265 or recognizing the events forming the basis for
191 such monuments or memorials.
192 (c) This section does not prohibit the use of equal
193 opportunity or equal employment opportunity materials designed
194 to inform a person about the prohibition against discrimination
195 based on protected status under state or federal law.
196 (d) This section may not be construed to conflict with:
197 1. Section 553.865 or analogous state and federal laws
198 protecting the right of males and females to restrooms and
199 changing facilities corresponding to their biological sex.
200 2. Part XII of chapter 39 or analogous state and federal
201 laws ensuring that victims of domestic violence and their
202 dependents have access to emergency shelters.
203 3. Section 1000.05 or analogous state and federal laws
204 prohibiting discrimination based on biological sex in
205 educational programs, sports, activities, and employment.
206 4. Chapter 381 or analogous state and federal laws ensuring
207 males and females have access to public health services
208 corresponding to their biological sex.
209 5. Any other state or federal laws recognizing the inherent
210 biological differences between males and females for the purpose
211 of ensuring their health, safety, and welfare.
212 (8) This section does not apply to:
213 (a) The actions of a body composed of nonelected
214 volunteers; or
215 (b) Basic administrative support provided to a body
216 composed of nonelected volunteers, unless such administrative
217 support is provided by a municipal employee whose sole function
218 is the provision of such administrative support.
219 Section 3. Section 287.139, Florida Statutes, is created to
220 read:
221 287.139 Prohibition against using diversity, equity, and
222 inclusion material.—A potential recipient of a county or
223 municipal contract or grant shall certify to the county or
224 municipality, as applicable, before being awarded such contract
225 or grant that the potential recipient does not and will not use
226 county or municipal funds in requiring its employees,
227 contractors, volunteers, vendors, or agents to ascribe to,
228 study, or be instructed using materials relating to diversity,
229 equity, and inclusion as defined in ss. 125.595(1) and
230 166.04971(1).
231 Section 4. Section 287.139, Florida Statutes, created by
232 this act applies to any contract between a county or
233 municipality and a diversity, equity, and inclusion officer
234 which is in existence on January 1, 2027. With respect to all
235 other contracts, s. 287.139, Florida Statutes, created by this
236 act applies to contracts executed or renewed after January 1,
237 2027.
238 Section 5. This act shall take effect January 1, 2027.
239
240 ================= T I T L E A M E N D M E N T ================
241 And the title is amended as follows:
242 Delete everything before the enacting clause
243 and insert:
244 A bill to be entitled
245 An act relating to official actions of local
246 governments; creating ss. 125.595 and 166.04971, F.S.;
247 defining terms; prohibiting counties and
248 municipalities, respectively, from funding or
249 promoting or taking official action as it relates to
250 diversity, equity, and inclusion; providing that
251 certain ordinances, resolutions, rules, regulations,
252 programs, and policies are void; prohibiting counties
253 and municipalities, respectively, from expending funds
254 for diversity, equity, and inclusion offices or for
255 diversity, equity, and inclusion officers; providing
256 that a county commissioner, a member of the governing
257 body of a municipality, or any other county or
258 municipal official acting in an official capacity who
259 violates certain provisions commits misfeasance or
260 malfeasance in office; prohibiting counties and
261 municipalities, respectively, from providing or
262 authorizing funds to be used to promote diversity,
263 equity, and inclusion initiatives; authorizing a cause
264 of action against counties and municipalities,
265 respectively; authorizing a court to enter a judgment
266 awarding certain relief, damages, and costs; providing
267 construction and applicability; creating s. 287.139,
268 F.S.; requiring potential recipients of county or
269 municipal contracts or grants to make a certain
270 certification to the county or municipality before
271 being awarded such contract or grant; providing for
272 applicability; providing an effective date.