Florida Senate - 2026 COMMITTEE AMENDMENT
Bill No. CS for SB 1134
Ì6192080Î619208
LEGISLATIVE ACTION
Senate . House
Comm: RCS .
02/18/2026 .
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The Committee on Rules (Yarborough) recommended the following:
1 Senate Substitute for Amendment (859208) (with title
2 amendment)
3
4 Delete everything after the enacting clause
5 and insert:
6 Section 1. Section 125.595, Florida Statutes, is created to
7 read:
8 125.595 Prohibition of official actions of counties
9 relating to diversity, equity, and inclusion; penalty; remedy.—
10 (1) For purposes of this section, the term:
11 (a) “Acting in an official capacity” means performing or
12 purporting to perform a function, duty, or responsibility
13 assigned by law, rule, or policy to a public officer or public
14 employee, or otherwise exercising or claiming to exercise the
15 authority of such office or employment.
16 (b) “Diversity, equity, and inclusion” means any effort to:
17 1. Manipulate or otherwise influence the composition of
18 employees with reference to race, color, sex, ethnicity, gender
19 identity, or sexual orientation other than to ensure that hiring
20 is conducted in accordance with state and federal
21 antidiscrimination laws;
22 2. Promote or provide preferential treatment or special
23 benefits to a person or group based on that person’s or group’s
24 race, color, sex, ethnicity, gender identity, or sexual
25 orientation; or
26 3. Promote or adopt training, programming, or activities
27 designed or implemented with reference to race, color, sex,
28 ethnicity, gender identity, or sexual orientation.
29
30 The term does not include the use of equal opportunity or equal
31 employment opportunity materials designed to inform a person
32 about the prohibition against discrimination based on protected
33 status under state or federal law.
34 (c) “Diversity, equity, and inclusion office” means any
35 office, division, department, agency, center, or other unit of a
36 county which coordinates, creates, develops, designs,
37 implements, organizes, plans, or promotes policies, programming,
38 training, practices, meetings, activities, procedures, or
39 similar actions relating to diversity, equity, and inclusion.
40 (d) “Diversity, equity, and inclusion officer” means a
41 person who is a full-time or part-time employee of, or an
42 independent contractor contracted by, a county whose duties
43 include coordinating, creating, developing, designing,
44 implementing, organizing, planning, or promoting policies,
45 programming, training, practices, meetings, activities,
46 procedures, or similar actions relating to diversity, equity,
47 and inclusion.
48 (2) A county may not fund or promote, directly or
49 indirectly, or take any official action, including, but not
50 limited to, the adoption or enforcement of ordinances,
51 resolutions, rules, regulations, programs, or policies, as it
52 relates to diversity, equity, and inclusion. Any such existing
53 ordinances, resolutions, rules, regulations, programs, or
54 policies are void.
55 (3) A county may not expend any funds, regardless of
56 source, to establish, sustain, support, or staff a diversity,
57 equity, and inclusion office or to employ, contract, or
58 otherwise engage a person to serve as a diversity, equity, and
59 inclusion officer.
60 (4) A county commissioner or other county official acting
61 in an official capacity who violates this section commits
62 misfeasance or malfeasance in office.
63 (5) A county may not provide or authorize its funds to be
64 used by employees, contractors, volunteers, vendors, or agents
65 to promote diversity, equity, and inclusion initiatives.
66 (6) An action in circuit court may be brought by a resident
67 of the county against a county that violates this section. The
68 court may enter a judgment awarding declaratory and injunctive
69 relief, damages, and costs.
70 (7)(a) This section does not prohibit any official action
71 by a county required for compliance with state or federal laws
72 or regulations.
73 (b) This section does not prohibit a county from doing any
74 of the following:
75 1. Recognizing or promoting holidays designated by federal
76 law, including those designated in 5 U.S.C. s. 6103.
77 2. Recognizing or promoting state holidays and special
78 observances designated by state law, including those designated
79 in chapter 683.
80 3. Recognizing or promoting patriotic and national
81 observances recognized by federal law, including those
82 designated in 36 U.S.C. ss. 101-148, or recognizing the events
83 and individuals forming the basis for such observances.
84 4. Recognizing or honoring the individuals and groups
85 recognized and honored by the monuments, memorials, and museums
86 authorized by chapter 265, ss. 267.0722 and 267.0724, or
87 national monuments and memorials designated by acts of Congress,
88 or recognizing the events and individuals forming the basis for
89 such monuments, memorials, or museums.
90 5. Issuing event permits in a content-neutral manner and
91 providing public safety services.
92 (c) This section does not prohibit the use of equal
93 opportunity or equal employment opportunity materials designed
94 to inform a person about the prohibition against discrimination
95 based on protected status under state or federal law.
96 (d) This section may not be construed to conflict with:
97 1. Section 553.865 or analogous state and federal laws
98 protecting the right of males and females to restrooms and
99 changing facilities corresponding to their biological sex.
100 2. Part XII of chapter 39 or analogous state and federal
101 laws ensuring that victims of domestic violence and their
102 dependents have access to emergency shelters.
103 3. Section 1000.05 or analogous state and federal laws
104 prohibiting discrimination based on biological sex in
105 educational programs, sports, activities, and employment.
106 4. Chapter 381 or analogous state and federal laws ensuring
107 males and females have access to public health services
108 corresponding to their biological sex.
109 5. State and federal laws ensuring access to public health
110 care services corresponding to a person’s race or ethnicity.
111 6. Any other state or federal laws recognizing the inherent
112 biological differences between males and females for the purpose
113 of ensuring their health, safety, and welfare.
114 (8) This section does not apply to:
115 (a) The actions of a body composed of nonelected
116 volunteers; or
117 (b) Basic administrative support provided to a body
118 composed of nonelected volunteers, unless such administrative
119 support is provided by a county employee whose sole function is
120 the provision of such administrative support.
121 Section 2. Section 166.04971, Florida Statutes, is created
122 to read:
123 166.04971 Prohibition of official actions of municipalities
124 relating to diversity, equity, and inclusion; penalty; remedy.—
125 (1) For purposes of this section, the term:
126 (a) “Acting in an official capacity” means performing or
127 purporting to perform a function, duty, or responsibility
128 assigned by law, rule, or policy to a public officer or public
129 employee, or otherwise exercising or claiming to exercise the
130 authority of such office or employment.
131 (b) “Diversity, equity, and inclusion” means any effort to:
132 1. Manipulate or otherwise influence the composition of
133 employees with reference to race, color, sex, ethnicity, gender
134 identity, or sexual orientation other than to ensure that hiring
135 is conducted in accordance with state and federal
136 antidiscrimination laws;
137 2. Promote or provide preferential treatment or special
138 benefits to a person or group based on that person’s or group’s
139 race, color, sex, ethnicity, gender identity, or sexual
140 orientation; or
141 3. Promote or adopt training, programming, or activities
142 designed or implemented with reference to race, color, sex,
143 ethnicity, gender identity, or sexual orientation.
144
145 The term does not include the use of equal opportunity or equal
146 employment opportunity materials designed to inform a person
147 about the prohibition against discrimination based on protected
148 status under state or federal law.
149 (c) “Diversity, equity, and inclusion office” means any
150 office, division, department, agency, center, or other unit of a
151 municipality which coordinates, creates, develops, designs,
152 implements, organizes, plans, or promotes policies, programming,
153 training, practices, meetings, activities, procedures, or
154 similar actions relating to diversity, equity, and inclusion.
155 (d) “Diversity, equity, and inclusion officer” means a
156 person who is a full-time or part-time employee of, or an
157 independent contractor contracted by, a municipality whose
158 duties include coordinating, creating, developing, designing,
159 implementing, organizing, planning, or promoting policies,
160 programming, training, practices, meetings, activities,
161 procedures, or similar actions relating to diversity, equity,
162 and inclusion.
163 (2) A municipality may not fund or promote, directly or
164 indirectly, or take any official action, including, but not
165 limited to, the adoption or enforcement of ordinances,
166 resolutions, rules, regulations, programs, or policies, as it
167 relates to diversity, equity, and inclusion. Any such existing
168 ordinances, resolutions, rules, regulations, programs, or
169 policies are void.
170 (3) A municipality may not expend any funds, regardless of
171 source, to establish, sustain, support, or staff a diversity,
172 equity, and inclusion office or to employ, contract, or
173 otherwise engage a person to serve as a diversity, equity, and
174 inclusion officer.
175 (4) Any member of the governing body of a municipality or
176 other municipal official acting in an official capacity who
177 violates this section commits misfeasance or malfeasance in
178 office.
179 (5) A municipality may not provide or authorize its funds
180 to be used by employees, contractors, volunteers, vendors, or
181 agents to promote diversity, equity, and inclusion initiatives.
182 (6) An action in circuit court may be brought by a resident
183 of the municipality against a municipality that violates this
184 section. The court may enter a judgment awarding declaratory and
185 injunctive relief, damages, and costs.
186 (7)(a) This section does not prohibit any official action
187 by the governing body of a municipality required for compliance
188 with state or federal laws or regulations.
189 (b) This section does not prohibit a municipality from
190 doing any of the following:
191 1. Recognizing or promoting holidays designated by federal
192 law, including those designated in 5 U.S.C. s. 6103.
193 2. Recognizing or promoting state holidays and special
194 observances designated by state law, including those designated
195 in chapter 683.
196 3. Recognizing or promoting patriotic and national
197 observances recognized by federal law, including those
198 designated in 36 U.S.C. ss. 101-148, or recognizing the events
199 and individuals forming the basis for such observances.
200 4. Recognizing or honoring the individuals and groups
201 recognized and honored by the monuments, memorials, and museums
202 authorized by chapter 265, ss. 267.0722 and 267.0724, or
203 national monuments and memorials designated by acts of Congress,
204 or recognizing the events and individuals forming the basis for
205 such monuments, memorials, or museums.
206 5. Issuing event permits in a content-neutral manner and
207 providing public safety services.
208 (c) This section does not prohibit the use of equal
209 opportunity or equal employment opportunity materials designed
210 to inform a person about the prohibition against discrimination
211 based on protected status under state or federal law.
212 (d) This section may not be construed to conflict with:
213 1. Section 553.865 or analogous state and federal laws
214 protecting the right of males and females to restrooms and
215 changing facilities corresponding to their biological sex.
216 2. Part XII of chapter 39 or analogous state and federal
217 laws ensuring that victims of domestic violence and their
218 dependents have access to emergency shelters.
219 3. Section 1000.05 or analogous state and federal laws
220 prohibiting discrimination based on biological sex in
221 educational programs, sports, activities, and employment.
222 4. Chapter 381 or analogous state and federal laws ensuring
223 males and females have access to public health services
224 corresponding to their biological sex.
225 5. State and federal laws ensuring access to public health
226 care services corresponding to a person’s race or ethnicity.
227 6. Any other state or federal laws recognizing the inherent
228 biological differences between males and females for the purpose
229 of ensuring their health, safety, and welfare.
230 (8) This section does not apply to:
231 (a) The actions of a body composed of nonelected
232 volunteers; or
233 (b) Basic administrative support provided to a body
234 composed of nonelected volunteers, unless such administrative
235 support is provided by a municipal employee whose sole function
236 is the provision of such administrative support.
237 Section 3. Section 287.139, Florida Statutes, is created to
238 read:
239 287.139 Prohibition against using diversity, equity, and
240 inclusion material.—A potential recipient of a county or
241 municipal contract or grant shall certify to the county or
242 municipality, as applicable, before being awarded such contract
243 or grant that the potential recipient does not and will not use
244 county or municipal funds in requiring its employees,
245 contractors, volunteers, vendors, or agents to ascribe to,
246 study, or be instructed using materials relating to diversity,
247 equity, and inclusion as defined in ss. 125.595(1) and
248 166.04971(1).
249 Section 4. Section 287.139, Florida Statutes, created by
250 this act applies to any contract between a county or
251 municipality and a diversity, equity, and inclusion officer
252 which is in existence on January 1, 2027. With respect to all
253 other contracts, s. 287.139, Florida Statutes, created by this
254 act applies to contracts executed or renewed after January 1,
255 2027.
256 Section 5. This act shall take effect January 1, 2027.
257
258 ================= T I T L E A M E N D M E N T ================
259 And the title is amended as follows:
260 Delete everything before the enacting clause
261 and insert:
262 A bill to be entitled
263 An act relating to official actions of local
264 governments; creating ss. 125.595 and 166.04971, F.S.;
265 defining terms; prohibiting counties and
266 municipalities, respectively, from funding or
267 promoting or taking official action as it relates to
268 diversity, equity, and inclusion; providing that
269 certain ordinances, resolutions, rules, regulations,
270 programs, and policies are void; prohibiting counties
271 and municipalities, respectively, from expending funds
272 for diversity, equity, and inclusion offices or for
273 diversity, equity, and inclusion officers; providing
274 that a county commissioner, a member of the governing
275 body of a municipality, or any other county or
276 municipal official acting in an official capacity who
277 violates certain provisions commits misfeasance or
278 malfeasance in office; prohibiting counties and
279 municipalities, respectively, from providing or
280 authorizing funds to be used to promote diversity,
281 equity, and inclusion initiatives; authorizing a cause
282 of action against counties and municipalities,
283 respectively; authorizing a court to enter a judgment
284 awarding certain relief, damages, and costs; providing
285 applicability; creating s. 287.139, F.S.; requiring
286 potential recipients of county or municipal contracts
287 or grants to make a certain certification to the
288 county or municipality before being awarded such
289 contract or grant; providing applicability; providing
290 an effective date.