Florida Senate - 2026                          SENATOR AMENDMENT
       Bill No. CS for CS for SB 1134
       
       
       
       
       
       
                                Ì648678fÎ648678                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
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                Floor: 3/AD/2R         .                                
             03/04/2026 07:05 PM       .                                
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       Senator Yarborough moved the following:
       
    1         Senate Amendment 
    2  
    3         Delete lines 111 - 234
    4  and insert:
    5         4. Promoting or supporting a nonprofit entity that provides
    6  single-sex programs for the homeless or education, counseling,
    7  and rehabilitation of trauma-involved or at-risk youth.
    8         5.Recognizing or honoring the individuals and groups
    9  recognized and honored by the monuments, memorials, and museums
   10  authorized by chapter 265 or chapter 267, or recognizing the
   11  events and individuals forming the basis for such monuments,
   12  memorials, or museums.
   13         6. Owning, operating, maintaining, funding, or conducting
   14  events at monuments and memorials listed in 54 U.S.C. s. 320301
   15  and located in this state.
   16         7.Issuing event permits in a content-neutral manner and
   17  providing public safety services.
   18         (c) This section does not prohibit the use of equal
   19  opportunity or equal employment opportunity materials designed
   20  to inform a person about the prohibition against discrimination
   21  based on protected status under state or federal law.
   22         (d) This section may not be construed to conflict with:
   23         1. Section 553.865 or analogous state and federal laws
   24  protecting the right of males and females to restrooms and
   25  changing facilities corresponding to their biological sex.
   26         2. Part XII of chapter 39 or analogous state and federal
   27  laws ensuring that victims of domestic violence and their
   28  dependents have access to emergency shelters.
   29         3. Section 1000.05 or analogous state and federal laws
   30  prohibiting discrimination based on biological sex in
   31  educational programs, sports, activities, and employment.
   32         4. Chapter 381 or analogous state and federal laws ensuring
   33  males and females have access to public health services
   34  corresponding to their biological sex.
   35         5. State and federal laws ensuring access to public health
   36  care services corresponding to a person’s race or ethnicity.
   37         6. Any other state or federal laws recognizing the inherent
   38  biological differences between males and females for the purpose
   39  of ensuring their health, safety, and welfare.
   40         (8) This section does not apply to:
   41         (a) The actions of a body composed of nonelected
   42  volunteers; or
   43         (b) Basic administrative support provided to a body
   44  composed of nonelected volunteers, unless such administrative
   45  support is provided by a county employee whose sole function is
   46  the provision of such administrative support.
   47         Section 2. Section 166.04971, Florida Statutes, is created
   48  to read:
   49         166.04971Prohibition of official actions of municipalities
   50  relating to diversity, equity, and inclusion; penalty; remedy.—
   51         (1)For purposes of this section, the term:
   52         (a) “Acting in an official capacity” means performing or
   53  purporting to perform a function, duty, or responsibility
   54  assigned by law, rule, or policy to a public officer or public
   55  employee, or otherwise exercising or claiming to exercise the
   56  authority of such office or employment.
   57         (b) “Diversity, equity, and inclusion” means any effort to:
   58         1. Manipulate or otherwise influence the composition of
   59  employees with reference to race, color, sex, ethnicity, gender
   60  identity, or sexual orientation other than to ensure that hiring
   61  is conducted in accordance with state and federal
   62  antidiscrimination laws;
   63         2. Promote or provide preferential treatment or special
   64  benefits to a person or group based on that person’s or group’s
   65  race, color, sex, ethnicity, gender identity, or sexual
   66  orientation; or
   67         3. Promote or adopt training, programming, or activities
   68  designed or implemented with reference to race, color, sex,
   69  ethnicity, gender identity, or sexual orientation.
   70  
   71  The term does not include the use of equal opportunity or equal
   72  employment opportunity materials designed to inform a person
   73  about the prohibition against discrimination based on protected
   74  status under state or federal law.
   75         (c) “Diversity, equity, and inclusion office” means any
   76  office, division, department, agency, center, or other unit of a
   77  municipality which coordinates, creates, develops, designs,
   78  implements, organizes, plans, or promotes policies, programming,
   79  training, practices, meetings, activities, procedures, or
   80  similar actions relating to diversity, equity, and inclusion.
   81         (d) Diversity, equity, and inclusion officer” means a
   82  person who is a full-time or part-time employee of, or an
   83  independent contractor contracted by, a municipality whose
   84  duties include coordinating, creating, developing, designing,
   85  implementing, organizing, planning, or promoting policies,
   86  programming, training, practices, meetings, activities,
   87  procedures, or similar actions relating to diversity, equity,
   88  and inclusion.
   89         (2) A municipality may not fund or promote, directly or
   90  indirectly, or take any official action, including, but not
   91  limited to, the adoption or enforcement of ordinances,
   92  resolutions, rules, regulations, programs, or policies, as it
   93  relates to diversity, equity, and inclusion. Any such existing
   94  ordinances, resolutions, rules, regulations, programs, or
   95  policies are void.
   96         (3) A municipality may not expend any funds, regardless of
   97  source, to establish, sustain, support, or staff a diversity,
   98  equity, and inclusion office or to employ, contract, or
   99  otherwise engage a person to serve as a diversity, equity, and
  100  inclusion officer.
  101         (4)Any member of the governing body of a municipality or
  102  other municipal official acting in an official capacity who
  103  violates this section commits misfeasance or malfeasance in
  104  office.
  105         (5) A municipality may not provide or authorize its funds
  106  to be used by employees, contractors, volunteers, vendors, or
  107  agents to promote diversity, equity, and inclusion initiatives.
  108         (6)An action in circuit court may be brought by a resident
  109  of the municipality against a municipality that violates this
  110  section. The court may enter a judgment awarding declaratory and
  111  injunctive relief, damages, and costs.
  112         (7)(a)This section does not prohibit any official action
  113  by the governing body of a municipality required for compliance
  114  with state or federal laws or regulations.
  115         (b) This section does not prohibit a municipality from
  116  doing any of the following:
  117         1. Recognizing or promoting holidays designated by federal
  118  law, including those designated in 5 U.S.C. s. 6103.
  119         2. Recognizing or promoting state holidays and special
  120  observances designated by state law, including those designated
  121  in chapter 683.
  122         3. Recognizing or promoting patriotic and national
  123  observances recognized by federal law, including those
  124  designated in 36 U.S.C. ss. 101-148, or recognizing the events
  125  and individuals forming the basis for such observances.
  126         4. Promoting or supporting a nonprofit entity that provides
  127  single-sex programs for the homeless or education, counseling,
  128  and rehabilitation of trauma-involved or at-risk youth.
  129         5. Recognizing or honoring the individuals and groups
  130  recognized and honored by the monuments, memorials, and museums
  131  authorized by chapter 265 or chapter 267 or recognizing the
  132  events and individuals forming the basis for such monuments,
  133  memorials, or museums.
  134         6. Owning, operating, maintaining, funding, or conducting
  135  events at monuments and memorials listed in 54 U.S.C. s. 320301
  136  and located in this state.
  137         7. Issuing event permits in a content-neutral manner and
  138  providing public safety services.
  139