Text of FL H 1001 (2026)

HB 1001 2026 CODING: Words stricken are deletions; words underlined are additions. hb1001-00 Page 1 of 10 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S A bill to be entitled 1 An act relating to official actions of local 2 governments; creating ss. 125.595 and 166.04971, F.S.; 3 defining terms; prohibiting counties and 4 municipalities, respectively, from funding or 5 promoting or taking official action as it relates to 6 diversity, equity, and inclusion; providing that 7 certain ordinances, resolutions, rules, regulations, 8 programs, and policies are void; prohibiting counties 9 and municipalities, respectively, from expending funds 10 for diversity, equity, and inclusion offices or for 11 diversity, equity, and inclusion officers; providing 12 that a county commissioner, a member of the governing 13 body of a municipality, or any other county or 14 municipal official acting in an official capacity who 15 violates certain provisions commits misfeasance or 16 malfeasance in office; authorizing a cause of action 17 against counties and municipalities, respectively; 18 authorizing a court to enter a judgment awarding 19 certain relief, damages, and costs; providing 20 construction and applicability; creating s. 287.139, 21 F.S.; requiring potential recipients of county or 22 municipal contracts or grants to make a certain 23 certification to the county or municipality before 24 being awarded such contract or grant; providing an 25 HB 1001 2026 CODING: Words stricken are deletions; words underlined are additions. hb1001-00 Page 2 of 10 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S effective date. 26 27 Be It Enacted by the Legislature of the State of Florida: 28 29 Section 1. Section 125.595, Florida Statutes, is created 30 to read: 31 125.595 Prohibition of official actions of counties 32 relating to diversity, equity, and inclusion; penalty; remedy.— 33 (1) For purposes of this section, the term: 34 (a) "Diversity, equity, and inclusion" means any effort 35 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 HB 1001 2026 CODING: Words stricken are deletions; words underlined are additions. hb1001-00 Page 3 of 10 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S 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 HB 1001 2026 CODING: Words stricken are deletions; words underlined are additions. hb1001-00 Page 4 of 10 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S 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 83 resident of the county against a county that violates this 84 section. The court may enter a judgment awarding declaratory and 85 injunctive 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 HB 1001 2026 CODING: Words stricken are deletions; words underlined are additions. hb1001-00 Page 5 of 10 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S 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 117 ensuring 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 120 inherent biological differences between males and females for 121 the purpose 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 HB 1001 2026 CODING: Words stricken are deletions; words underlined are additions. hb1001-00 Page 6 of 10 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S (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 132 municipalities relating to diversity, equity, and inclusion; 133 penalty; remedy.— 134 (1) For purposes of this section, the term: 135 (a) "Diversity, equity, and inclusion" means any effort 136 to: 137 1. Manipulate or otherwise influence the composition of 138 employees with reference to race, color, sex, ethnicity, gender 139 identity, or sexual orientation other than to ensure that hiring 140 is conducted in accordance with state and federal 141 antidiscrimination laws; 142 2. Promote or provide preferential treatment or special 143 benefits to a person or group based on that person's or group's 144 race, color, sex, ethnicity, gender identity, or sexual 145 orientation; or 146 3. Promote or adopt training, programming, or activities 147 designed or implemented with reference to race, color, sex, 148 ethnicity, gender identity, or sexual orientation. 149 150 HB 1001 2026 CODING: Words stricken are deletions; words underlined are additions. hb1001-00 Page 7 of 10 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S The term does not include the use of equal opportunity or equal 151 employment opportunity materials designed to inform a person 152 about the prohibition against discrimination based on protected 153 status under state or federal law. 154 (b) "Diversity, equity, and inclusion office" means any 155 office, division, department, agency, center, or other unit of a 156 municipality which coordinates, creates, develops, designs, 157 implements, organizes, plans, or promotes policies, programming, 158 training, practices, meetings, activities, procedures, or 159 similar actions relating to diversity, equity, and inclusion. 160 (c) "Diversity, equity, and inclusion officer" means a 161 person who is a full-time or part-time employee of, or an 162 independent contractor contracted by, a municipality whose 163 duties include coordinating, creating, developing, designing, 164 implementing, organizing, planning, or promoting policies, 165 programming, training, practices, meetings, activities, 166 procedures, or similar actions relating to diversity, equity, 167 and inclusion. 168 (2) A municipality may not fund or promote, directly or 169 indirectly, or take any official action, including, but not 170 limited to, the adoption or enforcement of ordinances, 171 resolutions, rules, regulations, programs, or policies, as it 172 relates to diversity, equity, and inclusion. Any such existing 173 ordinances, resolutions, rules, regulations, programs, or 174 policies are void. 175 HB 1001 2026 CODING: Words stricken are deletions; words underlined are additions. hb1001-00 Page 8 of 10 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S (3) A municipality may not expend any funds, regardless of 176 source, to establish, sustain, support, or staff a diversity, 177 equity, and inclusion office or to employ, contract, or 178 otherwise engage a person to serve as a diversity, equity, and 179 inclusion officer. 180 (4) Any member of the governing body of a municipality or 181 other municipal official acting in an official capacity who 182 violates this section commits misfeasance or malfeasance in 183 office. 184 (5) An action in circuit court may be brought by a 185 resident of the municipality against a municipality that 186 violates this section. The court may enter a judgment awarding 187 declaratory and injunctive relief, damages, and costs. 188 (6)(a) This section does not prohibit any official action 189 by the governing body of a municipality required for compliance 190 with state or federal laws or regulations. 191 (b) This section does not prohibit a municipality from 192 doing any of the following: 193 1. Recognizing or promoting holidays designated by federal 194 law, including those designated in 5 U.S.C. s. 6103. 195 2. Recognizing or promoting state holidays and special 196 observances, including those designated in chapter 683. 197 3. Recognizing or promoting patriotic and national 198 observances recognized by federal law, including those 199 designated in 36 U.S.C. ss. 101-148. 200 HB 1001 2026 CODING: Words stricken are deletions; words underlined are additions. hb1001-00 Page 9 of 10 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S 4. Recognizing or honoring the individuals and groups 201 recognized and honored by the monuments and memorials authorized 202 by chapter 265 or recognizing the events forming the basis for 203 such monuments or memorials. 204 (c) This section does not prohibit the use of equal 205 opportunity or equal employment opportunity materials designed 206 to inform a person about the prohibition against discrimination 207 based on protected status under state or federal law. 208 (d) This section may not be construed to conflict with: 209 1. Section 553.865 or analogous state and federal laws 210 protecting the right of males and females to restrooms and 211 changing facilities corresponding to their biological sex. 212 2. Part XII of chapter 39 or analogous state and federal 213 laws ensuring that victims of domestic violence and their 214 dependents have access to emergency shelters. 215 3. Section 1000.05 or analogous state and federal laws 216 prohibiting discrimination based on biological sex in 217 educational programs, sports, activities, and employment. 218 4. Chapter 381 or analogous state and federal laws 219 ensuring males and females have access to public health services 220 corresponding to their biological sex. 221 5. Any other state or federal laws recognizing the 222 inherent biological differences between males and females for 223 the purpose of ensuring their health, safety, and welfare. 224 (7) This section does not apply to: 225 HB 1001 2026 CODING: Words stricken are deletions; words underlined are additions. hb1001-00 Page 10 of 10 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S (a) The actions of a body composed of nonelected 226 volunteers; or 227 (b) Basic administrative support provided to a body 228 composed of nonelected volunteers, unless such administrative 229 support is provided by a municipal employee whose sole function 230 is the provision of such administrative support. 231 Section 3. Section 287.139, Florida Statutes, is created 232 to read: 233 287.139 Prohibition against using diversity, equity, and 234 inclusion material.—A potential recipient of a county or 235 municipal contract or grant shall certify to the county or 236 municipality, as applicable, before being awarded such contract 237 or grant that the potential recipient does not and will not use 238 county or municipal funds in requiring its employees, 239 contractors, volunteers, vendors, or agents to ascribe to, 240 study, or be instructed using materials relating to diversity, 241 equity, and inclusion as defined in ss. 125.595(1) and 242 166.04971(1). 243 Section 4. This act shall take effect January 1, 2027. 244