Florida Senate - 2026                          SENATOR AMENDMENT
       Bill No. CS for CS for SB 1134
       
       
       
       
       
       
                                Ì7271461Î727146                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
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                 Floor: WD/2R          .                                
             03/04/2026 02:44 PM       .                                
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       Senator Jones moved the following:
       
    1         Senate Amendment
    2  
    3         Delete lines 114 - 230
    4  and insert:
    5  national monuments and memorials designated by acts of Congress
    6  or by presidential proclamation pursuant to 54 U.S.C. s. 320301,
    7  or recognizing the events and individuals forming the basis for
    8  such monuments, memorials, or museums.
    9         5.Issuing event permits in a content-neutral manner and
   10  providing public safety services.
   11         (c) This section does not prohibit the use of equal
   12  opportunity or equal employment opportunity materials designed
   13  to inform a person about the prohibition against discrimination
   14  based on protected status under state or federal law.
   15         (d) This section may not be construed to conflict with:
   16         1. Section 553.865 or analogous state and federal laws
   17  protecting the right of males and females to restrooms and
   18  changing facilities corresponding to their biological sex.
   19         2. Part XII of chapter 39 or analogous state and federal
   20  laws ensuring that victims of domestic violence and their
   21  dependents have access to emergency shelters.
   22         3. Section 1000.05 or analogous state and federal laws
   23  prohibiting discrimination based on biological sex in
   24  educational programs, sports, activities, and employment.
   25         4. Chapter 381 or analogous state and federal laws ensuring
   26  males and females have access to public health services
   27  corresponding to their biological sex.
   28         5. State and federal laws ensuring access to public health
   29  care services corresponding to a person’s race or ethnicity.
   30         6. Any other state or federal laws recognizing the inherent
   31  biological differences between males and females for the purpose
   32  of ensuring their health, safety, and welfare.
   33         (8) This section does not apply to:
   34         (a) The actions of a body composed of nonelected
   35  volunteers; or
   36         (b) Basic administrative support provided to a body
   37  composed of nonelected volunteers, unless such administrative
   38  support is provided by a county employee whose sole function is
   39  the provision of such administrative support.
   40         Section 2. Section 166.04971, Florida Statutes, is created
   41  to read:
   42         166.04971Prohibition of official actions of municipalities
   43  relating to diversity, equity, and inclusion; penalty; remedy.—
   44         (1)For purposes of this section, the term:
   45         (a) “Acting in an official capacity” means performing or
   46  purporting to perform a function, duty, or responsibility
   47  assigned by law, rule, or policy to a public officer or public
   48  employee, or otherwise exercising or claiming to exercise the
   49  authority of such office or employment.
   50         (b) “Diversity, equity, and inclusion” means any effort to:
   51         1. Manipulate or otherwise influence the composition of
   52  employees with reference to race, color, sex, ethnicity, gender
   53  identity, or sexual orientation other than to ensure that hiring
   54  is conducted in accordance with state and federal
   55  antidiscrimination laws;
   56         2. Promote or provide preferential treatment or special
   57  benefits to a person or group based on that person’s or group’s
   58  race, color, sex, ethnicity, gender identity, or sexual
   59  orientation; or
   60         3. Promote or adopt training, programming, or activities
   61  designed or implemented with reference to race, color, sex,
   62  ethnicity, gender identity, or sexual orientation.
   63  
   64  The term does not include the use of equal opportunity or equal
   65  employment opportunity materials designed to inform a person
   66  about the prohibition against discrimination based on protected
   67  status under state or federal law.
   68         (c) “Diversity, equity, and inclusion office” means any
   69  office, division, department, agency, center, or other unit of a
   70  municipality which coordinates, creates, develops, designs,
   71  implements, organizes, plans, or promotes policies, programming,
   72  training, practices, meetings, activities, procedures, or
   73  similar actions relating to diversity, equity, and inclusion.
   74         (d) Diversity, equity, and inclusion officer” means a
   75  person who is a full-time or part-time employee of, or an
   76  independent contractor contracted by, a municipality whose
   77  duties include coordinating, creating, developing, designing,
   78  implementing, organizing, planning, or promoting policies,
   79  programming, training, practices, meetings, activities,
   80  procedures, or similar actions relating to diversity, equity,
   81  and inclusion.
   82         (2) A municipality may not fund or promote, directly or
   83  indirectly, or take any official action, including, but not
   84  limited to, the adoption or enforcement of ordinances,
   85  resolutions, rules, regulations, programs, or policies, as it
   86  relates to diversity, equity, and inclusion. Any such existing
   87  ordinances, resolutions, rules, regulations, programs, or
   88  policies are void.
   89         (3) A municipality may not expend any funds, regardless of
   90  source, to establish, sustain, support, or staff a diversity,
   91  equity, and inclusion office or to employ, contract, or
   92  otherwise engage a person to serve as a diversity, equity, and
   93  inclusion officer.
   94         (4)Any member of the governing body of a municipality or
   95  other municipal official acting in an official capacity who
   96  violates this section commits misfeasance or malfeasance in
   97  office.
   98         (5) A municipality may not provide or authorize its funds
   99  to be used by employees, contractors, volunteers, vendors, or
  100  agents to promote diversity, equity, and inclusion initiatives.
  101         (6)An action in circuit court may be brought by a resident
  102  of the municipality against a municipality that violates this
  103  section. The court may enter a judgment awarding declaratory and
  104  injunctive relief, damages, and costs.
  105         (7)(a)This section does not prohibit any official action
  106  by the governing body of a municipality required for compliance
  107  with state or federal laws or regulations.
  108         (b) This section does not prohibit a municipality from
  109  doing any of the following:
  110         1. Recognizing or promoting holidays designated by federal
  111  law, including those designated in 5 U.S.C. s. 6103.
  112         2. Recognizing or promoting state holidays and special
  113  observances designated by state law, including those designated
  114  in chapter 683.
  115         3. Recognizing or promoting patriotic and national
  116  observances recognized by federal law, including those
  117  designated in 36 U.S.C. ss. 101-148, or recognizing the events
  118  and individuals forming the basis for such observances.
  119         4. Recognizing or honoring the individuals and groups
  120  recognized and honored by the monuments, memorials, and museums
  121  authorized by chapter 265, ss. 267.0722 and 267.0724, or
  122  national monuments and memorials designated by acts of Congress
  123  or by presidential proclamation pursuant to 54 U.S.C. s. 320301,