Official Actions of Local Governments with Respect to Diversity, Equity, and Inclusion
The implications of this bill are significant; it not only curtails the ability of local governments to create policies addressing diversity, equity, and inclusion but also retroactively impacts actions taken before the bill's effective date of July 1, 2025. Affected officials could face legal challenges from residents, allowing for civil lawsuits against municipalities or counties that violate the law. The court may grant remedies such as declaratory relief, injunctions, and potential damages to plaintiffs while also prohibiting local governments from recovering attorney fees if they win a lawsuit, thus creating a more risky environment for local policymakers.
House Bill 1571 seeks to prohibit counties and municipalities in Florida from engaging in any official actions related to diversity, equity, and inclusion. The bill introduces two new sections to the Florida Statutes: section 125.595, which applies to counties, and section 166.04971, targeting municipalities. These sections explicitly forbid local governments from taking any actions that relate to such policies, including ordinances, resolutions, and regulations. The bill also sets penalties for individual county or municipal members who violate these provisions, classifying such actions as misfeasance or malfeasance in office.
Opposition to HB 1571 is expected to come from those who believe that local governments should retain the authority to govern and implement policies that address the unique needs of their communities, especially regarding social justice and community equity. As the bill directly targets measures intended to combat systemic inequalities, critics argue it represents an overreach by the state into local governance and could negate efforts aimed at fostering an inclusive environment for marginalized groups. The bill's proponents, however, claim it will prevent divisive policies and promote equality under state law.