Florida Senate - 2026                          SENATOR AMENDMENT
       Bill No. CS for CS for SB 1134
       
       
       
       
       
       
                                Ì726506*Î726506                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
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                Floor: 6/F/2R          .                                
             03/04/2026 03:02 PM       .                                
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       Senator Pizzo moved the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete lines 94 - 211
    4  and insert:
    5  of the county against a county that violates this section. The
    6  resident must provide notice of intent to bring such an action
    7  to the county by United States Postal Service certified mail,
    8  return receipt requested. The notice must state the basis for
    9  the action. Upon receipt of such notice, the county has 30 days
   10  in which to cure, cancel, or otherwise correct the basis for the
   11  action. If the county does not cure, cancel, or otherwise
   12  correct the basis for the action during that 30-day period, the
   13  resident may proceed with the action. The court may enter a
   14  judgment awarding declaratory and injunctive relief, damages,
   15  and costs.
   16         (7)(a)This section does not prohibit any official action
   17  by a county required for compliance with state or federal laws
   18  or regulations.
   19         (b) This section does not prohibit a county from doing any
   20  of the following:
   21         1. Recognizing or promoting holidays designated by federal
   22  law, including those designated in 5 U.S.C. s. 6103.
   23         2. Recognizing or promoting state holidays and special
   24  observances designated by state law, including those designated
   25  in chapter 683.
   26         3. Recognizing or promoting patriotic and national
   27  observances recognized by federal law, including those
   28  designated in 36 U.S.C. ss. 101-148, or recognizing the events
   29  and individuals forming the basis for such observances.
   30         4.Recognizing or honoring the individuals and groups
   31  recognized and honored by the monuments, memorials, and museums
   32  authorized by chapter 265, ss. 267.0722 and 267.0724, or
   33  national monuments and memorials designated by acts of Congress,
   34  or recognizing the events and individuals forming the basis for
   35  such monuments, memorials, or museums.
   36         5.Issuing event permits in a content-neutral manner and
   37  providing public safety services.
   38         (c) This section does not prohibit the use of equal
   39  opportunity or equal employment opportunity materials designed
   40  to inform a person about the prohibition against discrimination
   41  based on protected status under state or federal law.
   42         (d) This section may not be construed to conflict with:
   43         1. Section 553.865 or analogous state and federal laws
   44  protecting the right of males and females to restrooms and
   45  changing facilities corresponding to their biological sex.
   46         2. Part XII of chapter 39 or analogous state and federal
   47  laws ensuring that victims of domestic violence and their
   48  dependents have access to emergency shelters.
   49         3. Section 1000.05 or analogous state and federal laws
   50  prohibiting discrimination based on biological sex in
   51  educational programs, sports, activities, and employment.
   52         4. Chapter 381 or analogous state and federal laws ensuring
   53  males and females have access to public health services
   54  corresponding to their biological sex.
   55         5. State and federal laws ensuring access to public health
   56  care services corresponding to a person’s race or ethnicity.
   57         6. Any other state or federal laws recognizing the inherent
   58  biological differences between males and females for the purpose
   59  of ensuring their health, safety, and welfare.
   60         (8) This section does not apply to:
   61         (a) The actions of a body composed of nonelected
   62  volunteers; or
   63         (b) Basic administrative support provided to a body
   64  composed of nonelected volunteers, unless such administrative
   65  support is provided by a county employee whose sole function is
   66  the provision of such administrative support.
   67         Section 2. Section 166.04971, Florida Statutes, is created
   68  to read:
   69         166.04971Prohibition of official actions of municipalities
   70  relating to diversity, equity, and inclusion; penalty; remedy.—
   71         (1)For purposes of this section, the term:
   72         (a) “Acting in an official capacity” means performing or
   73  purporting to perform a function, duty, or responsibility
   74  assigned by law, rule, or policy to a public officer or public
   75  employee, or otherwise exercising or claiming to exercise the
   76  authority of such office or employment.
   77         (b) “Diversity, equity, and inclusion” means any effort to:
   78         1. Manipulate or otherwise influence the composition of
   79  employees with reference to race, color, sex, ethnicity, gender
   80  identity, or sexual orientation other than to ensure that hiring
   81  is conducted in accordance with state and federal
   82  antidiscrimination laws;
   83         2. Promote or provide preferential treatment or special
   84  benefits to a person or group based on that person’s or group’s
   85  race, color, sex, ethnicity, gender identity, or sexual
   86  orientation; or
   87         3. Promote or adopt training, programming, or activities
   88  designed or implemented with reference to race, color, sex,
   89  ethnicity, gender identity, or sexual orientation.
   90  
   91  The term does not include the use of equal opportunity or equal
   92  employment opportunity materials designed to inform a person
   93  about the prohibition against discrimination based on protected
   94  status under state or federal law.
   95         (c) “Diversity, equity, and inclusion office” means any
   96  office, division, department, agency, center, or other unit of a
   97  municipality which coordinates, creates, develops, designs,
   98  implements, organizes, plans, or promotes policies, programming,
   99  training, practices, meetings, activities, procedures, or
  100  similar actions relating to diversity, equity, and inclusion.
  101         (d) Diversity, equity, and inclusion officer” means a
  102  person who is a full-time or part-time employee of, or an
  103  independent contractor contracted by, a municipality whose
  104  duties include coordinating, creating, developing, designing,
  105  implementing, organizing, planning, or promoting policies,
  106  programming, training, practices, meetings, activities,
  107  procedures, or similar actions relating to diversity, equity,
  108  and inclusion.
  109         (2) A municipality may not fund or promote, directly or
  110  indirectly, or take any official action, including, but not
  111  limited to, the adoption or enforcement of ordinances,
  112  resolutions, rules, regulations, programs, or policies, as it
  113  relates to diversity, equity, and inclusion. Any such existing
  114  ordinances, resolutions, rules, regulations, programs, or
  115  policies are void.
  116         (3) A municipality may not expend any funds, regardless of
  117  source, to establish, sustain, support, or staff a diversity,
  118  equity, and inclusion office or to employ, contract, or
  119  otherwise engage a person to serve as a diversity, equity, and
  120  inclusion officer.
  121         (4)Any member of the governing body of a municipality or
  122  other municipal official acting in an official capacity who
  123  violates this section commits misfeasance or malfeasance in
  124  office.
  125         (5) A municipality may not provide or authorize its funds
  126  to be used by employees, contractors, volunteers, vendors, or
  127  agents to promote diversity, equity, and inclusion initiatives.
  128         (6)An action in circuit court may be brought by a resident
  129  of the municipality against a municipality that violates this
  130  section. The resident must provide notice of intent to bring
  131  such an action to the municipality by United States Postal
  132  Service certified mail, return receipt requested. The notice
  133  must state the basis for the action. Upon receipt of such
  134  notice, the municipality has 30 days in which to cure, cancel,
  135  or otherwise correct the basis for the action. If the
  136  municipality does not cure, cancel, or otherwise correct the
  137  basis for the action during that 30-day period, the resident may
  138  proceed with the action. The court may enter a judgment awarding
  139  declaratory and
  140  
  141  ================= T I T L E  A M E N D M E N T ================
  142  And the title is amended as follows:
  143         Delete line 22
  144  and insert:
  145         respectively, subject to certain notice and cure
  146         provisions; authorizing a court to enter a judgment