Florida Senate - 2026 SB 1134
By Senator Yarborough
4-00723B-26 20261134__
1 A bill to be entitled
2 An act relating to official actions of local
3 governments; creating ss. 125.595 and 166.04971, F.S.;
4 defining terms; prohibiting counties and
5 municipalities, respectively, from funding or
6 promoting or taking official action as it relates to
7 diversity, equity, and inclusion; providing that
8 certain ordinances, resolutions, rules, regulations,
9 programs, and policies are void; prohibiting counties
10 and municipalities, respectively, from expending funds
11 for diversity, equity, and inclusion offices or for
12 diversity, equity, and inclusion officers; providing
13 that a county commissioner, a member of the governing
14 body of a municipality, or any other county or
15 municipal official acting in an official capacity who
16 violates certain provisions commits misfeasance or
17 malfeasance in office; authorizing a cause of action
18 against counties and municipalities, respectively;
19 authorizing a court to enter a judgment awarding
20 certain relief, damages, and costs; providing
21 construction and applicability; creating s. 287.139,
22 F.S.; requiring potential recipients of county or
23 municipal contracts or grants to make a certain
24 certification to the county or municipality before
25 being awarded such contract or grant; providing an
26 effective date.
27
28 Be It Enacted by the Legislature of the State of Florida:
29
30 Section 1. Section 125.595, Florida Statutes, is created to
31 read:
32 125.595 Prohibition of official actions of counties
33 relating to diversity, equity, and inclusion; penalty; remedy.—
34 (1) For purposes of this section, the term:
35 (a) “Diversity, equity, and inclusion” means any effort to:
36 1. Manipulate or otherwise influence the composition of
37 employees with reference to race, color, sex, ethnicity, gender
38 identity, or sexual orientation other than to ensure that hiring
39 is conducted in accordance with state and federal
40 antidiscrimination laws;
41 2. Promote or provide preferential treatment or special
42 benefits to a person or group based on that person’s or group’s
43 race, color, sex, ethnicity, gender identity, or sexual
44 orientation; or
45 3. Promote or adopt training, programming, or activities
46 designed or implemented with reference to race, color, sex,
47 ethnicity, gender identity, or sexual orientation.
48
49 The term does not include the use of equal opportunity or equal
50 employment opportunity materials designed to inform a person
51 about the prohibition against discrimination based on protected
52 status under state or federal law.
53 (b) “Diversity, equity, and inclusion office” means any
54 office, division, department, agency, center, or other unit of a
55 county which coordinates, creates, develops, designs,
56 implements, organizes, plans, or promotes policies, programming,
57 training, practices, meetings, activities, procedures, or
58 similar actions relating to diversity, equity, and inclusion.
59 (c) “Diversity, equity, and inclusion officer” means a
60 person who is a full-time or part-time employee of, or an
61 independent contractor contracted by, a county whose duties
62 include coordinating, creating, developing, designing,
63 implementing, organizing, planning, or promoting policies,
64 programming, training, practices, meetings, activities,
65 procedures, or similar actions relating to diversity, equity,
66 and inclusion.
67 (2) A county may not fund or promote, directly or
68 indirectly, or take any official action, including, but not
69 limited to, the adoption or enforcement of ordinances,
70 resolutions, rules, regulations, programs, or policies, as it
71 relates to diversity, equity, and inclusion. Any such existing
72 ordinances, resolutions, rules, regulations, programs, or
73 policies are void.
74 (3) A county may not expend any funds, regardless of
75 source, to establish, sustain, support, or staff a diversity,
76 equity, and inclusion office or to employ, contract, or
77 otherwise engage a person to serve as a diversity, equity, and
78 inclusion officer.
79 (4) A county commissioner or other county official acting
80 in an official capacity who violates this section commits
81 misfeasance or malfeasance in office.
82 (5) An action in circuit court may be brought by a resident
83 of the county against a county that violates this section. The
84 court may enter a judgment awarding declaratory and injunctive
85 relief, damages, and costs.
86 (6)(a) This section does not prohibit any official action
87 by a county required for compliance with state or federal laws
88 or regulations.
89 (b) This section does not prohibit a county from doing any
90 of the following:
91 1. Recognizing or promoting holidays designated by federal
92 law, including those designated in 5 U.S.C. s. 6103.
93 2. Recognizing or promoting state holidays and special
94 observances, including those designated in chapter 683.
95 3. Recognizing or promoting patriotic and national
96 observances recognized by federal law, including those
97 designated in 36 U.S.C. ss. 101-148.
98 4. Recognizing or honoring the individuals and groups
99 recognized and honored by the monuments and memorials authorized
100 by chapter 265 or recognizing the events forming the basis for
101 such monuments or memorials.
102 (c) This section does not prohibit the use of equal
103 opportunity or equal employment opportunity materials designed
104 to inform a person about the prohibition against discrimination
105 based on protected status under state or federal law.
106 (d) This section may not be construed to conflict with:
107 1. Section 553.865 or analogous state and federal laws
108 protecting the right of males and females to restrooms and
109 changing facilities corresponding to their biological sex.
110 2. Part XII of chapter 39 or analogous state and federal
111 laws ensuring that victims of domestic violence and their
112 dependents have access to emergency shelters.
113 3. Section 1000.05 or analogous state and federal laws
114 prohibiting discrimination based on biological sex in
115 educational programs, sports, activities, and employment.
116 4. Chapter 381 or analogous state and federal laws ensuring
117 males and females have access to public health services
118 corresponding to their biological sex.
119 5. Any other state or federal laws recognizing the inherent
120 biological differences between males and females for the purpose
121 of ensuring their health, safety, and welfare.
122 (7) This section does not apply to:
123 (a) The actions of a body composed of nonelected
124 volunteers; or
125 (b) Basic administrative support provided to a body
126 composed of nonelected volunteers, unless such administrative
127 support is provided by a county employee whose sole function is
128 the provision of such administrative support.
129 Section 2. Section 166.04971, Florida Statutes, is created
130 to read:
131 166.04971 Prohibition of official actions of municipalities
132 relating to diversity, equity, and inclusion; penalty; remedy.—
133 (1) For purposes of this section, the term:
134 (a) “Diversity, equity, and inclusion” means any effort to:
135 1. Manipulate or otherwise influence the composition of
136 employees with reference to race, color, sex, ethnicity, gender
137 identity, or sexual orientation other than to ensure that hiring
138 is conducted in accordance with state and federal
139 antidiscrimination laws;
140 2. Promote or provide preferential treatment or special
141 benefits to a person or group based on that person’s or group’s
142 race, color, sex, ethnicity, gender identity, or sexual
143 orientation; or
144 3. Promote or adopt training, programming, or activities
145 designed or implemented with reference to race, color, sex,
146 ethnicity, gender identity, or sexual orientation.
147
148 The term does not include the use of equal opportunity or equal
149 employment opportunity materials designed to inform a person
150 about the prohibition against discrimination based on protected
151 status under state or federal law.
152 (b) “Diversity, equity, and inclusion office” means any
153 office, division, department, agency, center, or other unit of a
154 municipality which coordinates, creates, develops, designs,
155 implements, organizes, plans, or promotes policies, programming,
156 training, practices, meetings, activities, procedures, or
157 similar actions relating to diversity, equity, and inclusion.
158 (c) “Diversity, equity, and inclusion officer” means a
159 person who is a full-time or part-time employee of, or an
160 independent contractor contracted by, a municipality whose
161 duties include coordinating, creating, developing, designing,
162 implementing, organizing, planning, or promoting policies,
163 programming, training, practices, meetings, activities,
164 procedures, or similar actions relating to diversity, equity,
165 and inclusion.
166 (2) A municipality may not fund or promote, directly or
167 indirectly, or take any official action, including, but not
168 limited to, the adoption or enforcement of ordinances,
169 resolutions, rules, regulations, programs, or policies, as it
170 relates to diversity, equity, and inclusion. Any such existing
171 ordinances, resolutions, rules, regulations, programs, or
172 policies are void.
173 (3) A municipality may not expend any funds, regardless of
174 source, to establish, sustain, support, or staff a diversity,
175 equity, and inclusion office or to employ, contract, or
176 otherwise engage a person to serve as a diversity, equity, and
177 inclusion officer.
178 (4) Any member of the governing body of a municipality or
179 other municipal official acting in an official capacity who
180 violates this section commits misfeasance or malfeasance in
181 office.
182 (5) 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 (6)(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, including those designated in chapter 683.
195 3. Recognizing or promoting patriotic and national
196 observances recognized by federal law, including those
197 designated in 36 U.S.C. ss. 101-148.
198 4. Recognizing or honoring the individuals and groups
199 recognized and honored by the monuments and memorials authorized
200 by chapter 265 or recognizing the events forming the basis for
201 such monuments or memorials.
202 (c) This section does not prohibit the use of equal
203 opportunity or equal employment opportunity materials designed
204 to inform a person about the prohibition against discrimination
205 based on protected status under state or federal law.
206 (d) This section may not be construed to conflict with:
207 1. Section 553.865 or analogous state and federal laws
208 protecting the right of males and females to restrooms and
209 changing facilities corresponding to their biological sex.
210 2. Part XII of chapter 39 or analogous state and federal
211 laws ensuring that victims of domestic violence and their
212 dependents have access to emergency shelters.
213 3. Section 1000.05 or analogous state and federal laws
214 prohibiting discrimination based on biological sex in
215 educational programs, sports, activities, and employment.
216 4. Chapter 381 or analogous state and federal laws ensuring
217 males and females have access to public health services
218 corresponding to their biological sex.
219 5. Any other state or federal laws recognizing the inherent
220 biological differences between males and females for the purpose
221 of ensuring their health, safety, and welfare.
222 (7) This section does not apply to:
223 (a) The actions of a body composed of nonelected
224 volunteers; or
225 (b) Basic administrative support provided to a body
226 composed of nonelected volunteers, unless such administrative
227 support is provided by a municipal employee whose sole function
228 is the provision of such administrative support.
229 Section 3. Section 287.139, Florida Statutes, is created to
230 read:
231 287.139 Prohibition against using diversity, equity, and
232 inclusion material.—A potential recipient of a county or
233 municipal contract or grant shall certify to the county or
234 municipality, as applicable, before being awarded such contract
235 or grant that the potential recipient does not and will not use
236 county or municipal funds in requiring its employees,
237 contractors, volunteers, vendors, or agents to ascribe to,
238 study, or be instructed using materials relating to diversity,
239 equity, and inclusion as defined in ss. 125.595(1) and
240 166.04971(1).
241 Section 4. This act shall take effect January 1, 2027.