Florida Senate - 2026 SENATOR AMENDMENT
Bill No. CS for CS for SB 1134
Ì893150|Î893150
LEGISLATIVE ACTION
Senate . House
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Floor: 4/F/2R .
03/04/2026 11:48 AM .
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Senator Smith moved the following:
1 Senate Substitute for Amendment (648678)
2
3 Delete lines 102 - 234
4 and insert:
5 1. Recognizing or promoting holidays and special
6 observances.
7 2. Promoting or supporting a nonprofit entity that provides
8 single-sex programs for the homeless or education, counseling,
9 and rehabilitation of trauma-involved or at-risk youth.
10 3. Recognizing or honoring the individuals and groups
11 recognized and honored by the monuments, memorials, and museums
12 authorized by chapter 265 or chapter 267, or recognizing the
13 events and individuals forming the basis for such monuments,
14 memorials, or museums.
15 4. Owning, operating, maintaining, funding, or conducting
16 events at monuments and memorials listed in 54 U.S.C. s. 320301
17 and located in this state.
18 5. Issuing event permits in a content-neutral manner and
19 providing public safety services.
20 (c) This section does not prohibit the use of equal
21 opportunity or equal employment opportunity materials designed
22 to inform a person about the prohibition against discrimination
23 based on protected status under state or federal law.
24 (d) This section may not be construed to conflict with:
25 1. Section 553.865 or analogous state and federal laws
26 protecting the right of males and females to restrooms and
27 changing facilities corresponding to their biological sex.
28 2. Part XII of chapter 39 or analogous state and federal
29 laws ensuring that victims of domestic violence and their
30 dependents have access to emergency shelters.
31 3. Section 1000.05 or analogous state and federal laws
32 prohibiting discrimination based on biological sex in
33 educational programs, sports, activities, and employment.
34 4. Chapter 381 or analogous state and federal laws ensuring
35 males and females have access to public health services
36 corresponding to their biological sex.
37 5. State and federal laws ensuring access to public health
38 care services corresponding to a person’s race or ethnicity.
39 6. Any other state or federal laws recognizing the inherent
40 biological differences between males and females for the purpose
41 of ensuring their health, safety, and welfare.
42 (8) This section does not apply to:
43 (a) The actions of a body composed of nonelected
44 volunteers; or
45 (b) Basic administrative support provided to a body
46 composed of nonelected volunteers, unless such administrative
47 support is provided by a county employee whose sole function is
48 the provision of such administrative support.
49 Section 2. Section 166.04971, Florida Statutes, is created
50 to read:
51 166.04971 Prohibition of official actions of municipalities
52 relating to diversity, equity, and inclusion; penalty; remedy.—
53 (1) For purposes of this section, the term:
54 (a) “Acting in an official capacity” means performing or
55 purporting to perform a function, duty, or responsibility
56 assigned by law, rule, or policy to a public officer or public
57 employee, or otherwise exercising or claiming to exercise the
58 authority of such office or employment.
59 (b) “Diversity, equity, and inclusion” means any effort to:
60 1. Manipulate or otherwise influence the composition of
61 employees with reference to race, color, sex, ethnicity, gender
62 identity, or sexual orientation other than to ensure that hiring
63 is conducted in accordance with state and federal
64 antidiscrimination laws;
65 2. Promote or provide preferential treatment or special
66 benefits to a person or group based on that person’s or group’s
67 race, color, sex, ethnicity, gender identity, or sexual
68 orientation; or
69 3. Promote or adopt training, programming, or activities
70 designed or implemented with reference to race, color, sex,
71 ethnicity, gender identity, or sexual orientation.
72
73 The term does not include the use of equal opportunity or equal
74 employment opportunity materials designed to inform a person
75 about the prohibition against discrimination based on protected
76 status under state or federal law.
77 (c) “Diversity, equity, and inclusion office” means any
78 office, division, department, agency, center, or other unit of a
79 municipality which coordinates, creates, develops, designs,
80 implements, organizes, plans, or promotes policies, programming,
81 training, practices, meetings, activities, procedures, or
82 similar actions relating to diversity, equity, and inclusion.
83 (d) “Diversity, equity, and inclusion officer” means a
84 person who is a full-time or part-time employee of, or an
85 independent contractor contracted by, a municipality whose
86 duties include coordinating, creating, developing, designing,
87 implementing, organizing, planning, or promoting policies,
88 programming, training, practices, meetings, activities,
89 procedures, or similar actions relating to diversity, equity,
90 and inclusion.
91 (2) A municipality may not fund or promote, directly or
92 indirectly, or take any official action, including, but not
93 limited to, the adoption or enforcement of ordinances,
94 resolutions, rules, regulations, programs, or policies, as it
95 relates to diversity, equity, and inclusion. Any such existing
96 ordinances, resolutions, rules, regulations, programs, or
97 policies are void.
98 (3) A municipality may not expend any funds, regardless of
99 source, to establish, sustain, support, or staff a diversity,
100 equity, and inclusion office or to employ, contract, or
101 otherwise engage a person to serve as a diversity, equity, and
102 inclusion officer.
103 (4) Any member of the governing body of a municipality or
104 other municipal official acting in an official capacity who
105 violates this section commits misfeasance or malfeasance in
106 office.
107 (5) A municipality may not provide or authorize its funds
108 to be used by employees, contractors, volunteers, vendors, or
109 agents to promote diversity, equity, and inclusion initiatives.
110 (6) An action in circuit court may be brought by a resident
111 of the municipality against a municipality that violates this
112 section. The court may enter a judgment awarding declaratory and
113 injunctive relief, damages, and costs.
114 (7)(a) This section does not prohibit any official action
115 by the governing body of a municipality required for compliance
116 with state or federal laws or regulations.
117 (b) This section does not prohibit a municipality from
118 doing any of the following:
119 1. Recognizing or promoting holidays and special
120 observances.
121 2. Promoting or supporting a nonprofit entity that provides
122 single-sex programs for the homeless or education, counseling,
123 and rehabilitation of trauma-involved or at-risk youth.
124 3. Recognizing or honoring the individuals and groups
125 recognized and honored by the monuments, memorials, and museums
126 authorized by chapter 265 or chapter 267 or recognizing the
127 events and individuals forming the basis for such monuments,
128 memorials, or museums.
129 4. Owning, operating, maintaining, funding, or conducting
130 events at monuments and memorials listed in 54 U.S.C. s. 320301
131 and located in this state.
132 5. Issuing event permits in a content-neutral manner and
133 providing public safety services.