Florida Senate - 2025 CS for SB 420 By the Committee on Community Affairs; and Senator Yarborough 578-02515-25 2025420c1 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; prohibiting counties 8 and municipalities, respectively, from expending funds 9 for diversity, equity, and inclusion offices or for 10 diversity, equity, and inclusion officers; providing 11 that certain ordinances, resolutions, rules, 12 regulations, programs, and policies are void; 13 providing that a county commissioner, a member of the 14 governing body of a municipality, or any other county 15 or municipal official who violates certain provisions 16 commits misfeasance or malfeasance in office; 17 authorizing a cause of action against counties and 18 municipalities, respectively, under certain 19 circumstances; providing construction and 20 applicability; creating s. 287.139, F.S.; requiring 21 potential recipients of county and municipal contracts 22 and grants to make a certain certification to the 23 county or municipality before being awarded such 24 contract or grant; providing an effective date. 25 26 Be It Enacted by the Legislature of the State of Florida: 27 28 Section 1.Section 125.595, Florida Statutes, is created to 29 read: 30 125.595Prohibition of official actions of counties 31 relating to diversity, equity, and inclusion; penalty; remedy. 32 (1)For purposes of this section, the term: 33 (a)Diversity, equity, and inclusion means any effort to: 34 1.Manipulate or otherwise influence the composition of 35 employees with reference to race, color, sex, or ethnicity, 36 other than to ensure that hiring is conducted in accordance with 37 state and federal antidiscrimination laws; 38 2.Promote or provide differential or preferential 39 treatment or special benefits to a person or group based on that 40 persons or groups race, color, sex, ethnicity, gender 41 identity, or sexual orientation; or 42 3.Promote or adopt training, programming, or activities 43 designed or implemented with reference to race, color, sex, 44 ethnicity, gender identity, or sexual orientation. 45 46 The term does not include the use of equal opportunity or equal 47 employment opportunity materials designed to inform a person 48 about the prohibition against discrimination based on protected 49 status under state or federal law. 50 (b)Diversity, equity, and inclusion office means any 51 office, division, department, agency, center, or other unit of a 52 county which coordinates, creates, develops, designs, 53 implements, organizes, plans, or promotes policies, programming, 54 training, practices, meetings, activities, procedures, or 55 similar actions relating to diversity, equity, and inclusion. 56 (c)Diversity, equity, and inclusion officer means a 57 person who is a full-time or part-time employee of, or an 58 independent contractor contracted by, a county whose duties 59 include coordinating, creating, developing, designing, 60 implementing, organizing, planning, or promoting policies, 61 programming, training, practices, meetings, activities, 62 procedures or similar actions relating to diversity, equity, and 63 inclusion. 64 (2)A county may not fund or promote, directly or 65 indirectly, or take any official action, including, but not 66 limited to, the adoption or enforcement of ordinances, 67 resolutions, rules, regulations, programs, or policies, as it 68 relates to diversity, equity, and inclusion. Any such existing 69 ordinances, resolutions, rules, regulations, programs, or 70 policies are void. 71 (3)A county may not expend any funds, regardless of 72 source, to establish, sustain, support, or staff a diversity, 73 equity, and inclusion office or to employ, contract, or 74 otherwise engage a person to serve as a diversity, equity, and 75 inclusion officer. 76 (4)A county commissioner or other county official who 77 violates this section commits misfeasance or malfeasance in 78 office. 79 (5)An action in circuit court may be brought against a 80 county that violates this section by a resident of the county. 81 The court may enter a judgment awarding declaratory and 82 injunctive relief, damages, and costs. The court may also award 83 reasonable attorney fees to the prevailing party; however, the 84 court may not award reasonable attorney fees to a county as the 85 prevailing party. 86 (6)This section does not prohibit any official action by a 87 county required for compliance with state or federal laws or 88 regulations. 89 (7)This section does not apply to: 90 (a)The actions of an appointed county board or commission 91 composed of nonelected volunteers; or 92 (b)Basic administrative support provided to an appointed 93 county board or commission composed of nonelected volunteers, 94 unless such administrative support is provided by a county 95 employee whose sole function is the provision of such 96 administrative support. 97 Section 2.Section 166.04971, Florida Statutes, is created 98 to read: 99 166.04971Prohibition of official actions of municipalities 100 relating to diversity, equity, and inclusion; penalty; remedy. 101 (1)For purposes of this section, the term: 102 (a)Diversity, equity, and inclusion means any effort to: 103 1.Manipulate or otherwise influence the composition of 104 employees with reference to race, color, sex, or ethnicity, 105 other than to ensure that hiring is conducted in accordance with 106 state and federal antidiscrimination laws; 107 2.Promote or provide differential or preferential 108 treatment or special benefits to a person or group based on that 109 persons or groups race, color, sex, ethnicity, gender 110 identity, or sexual orientation; or 111 3.Promote or adopt training, programming, or activities 112 designed or implemented with reference to race, color, sex, 113 ethnicity, gender identity, or sexual orientation. 114 115 The term does not include the use of equal opportunity or equal 116 employment opportunity materials designed to inform a person 117 about the prohibition against discrimination based on protected 118 status under state or federal law. 119 (b)Diversity, equity, and inclusion office means any 120 office, division, department, agency, center, or other unit of a 121 municipality which coordinates, creates, develops, designs, 122 implements, organizes, plans, or promotes policies, programming, 123 training, practices, meetings, activities, procedures, or 124 similar actions relating to diversity, equity, and inclusion. 125 (c)Diversity, equity, and inclusion officer means a 126 person who is a full-time or part-time employee of, or an 127 independent contractor contracted by, a municipality whose 128 duties include coordinating, creating, developing, designing, 129 implementing, organizing, planning, or promoting policies, 130 programming, training, practices, meetings, activities, 131 procedures or similar actions relating to diversity, equity, and 132 inclusion. 133 (2)A municipality may not fund or promote, directly or 134 indirectly, or take any official action, including, but not 135 limited to, the adoption or enforcement of ordinances, 136 resolutions, rules, regulations, programs, or policies, as it 137 relates to diversity, equity, and inclusion. Any such existing 138 ordinances, resolutions, rules, regulations, programs, or 139 policies are void. 140 (3)A municipality may not expend any funds, regardless of 141 source, to establish, sustain, support, or staff a diversity, 142 equity, and inclusion office or to employ, contract, or 143 otherwise engage a person to serve as a diversity, equity, and 144 inclusion officer. 145 (4)Any member of the governing body of a municipality or 146 other municipal official who violates this section commits 147 misfeasance or malfeasance in office. 148 (5)An action in circuit court may be brought against a 149 municipality that violates this section by a resident of the 150 municipality. The court may enter a judgment awarding 151 declaratory and injunctive relief, damages, and costs. The court 152 may also award reasonable attorney fees to the prevailing party; 153 however, the court may not award reasonable attorney fees to a 154 municipality as the prevailing party. 155 (6)This section does not prohibit any official action by 156 the governing body of a municipality required for compliance 157 with state or federal laws or regulations. 158 (7)This section does not apply to: 159 (a)The actions of an appointed municipal board or 160 commission composed of nonelected volunteers; or 161 (b)Basic administrative support provided to an appointed 162 municipal board or commission composed of nonelected volunteers, 163 unless such administrative support is provided by a municipal 164 employee whose sole function is the provision of such 165 administrative support. 166 Section 3.Section 287.139, Florida Statutes, is created to 167 read: 168 287.139Prohibition against using diversity, equity, and 169 inclusion material.A potential recipient of a county or 170 municipal contract or grant shall certify to the county or 171 municipality, as applicable, before being awarded such contract 172 or grant that the potential recipient does not and will not use 173 county or municipal funds in requiring its employees, 174 contractors, volunteers, vendors, or agents to ascribe to, 175 study, or be instructed using materials relating to diversity, 176 equity, and inclusion as defined in ss. 125.595(1) and 177 166.04971(1). 178 Section 4.This act shall take effect December 31, 2025.