Text of FL H 731 (2025)

HB 731 2025 CODING: Words stricken are deletions; words underlined are additions. hb731-00 Page 1 of 12 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 prohibitions and limitations on 2 diversity, equity, and inclusion and requirements for 3 medical institutions of higher education; amending s. 4 20.105, F.S.; providing requirements for state 5 agencies applying for certain federal health care- 6 related grants; creating s. 20.615, F.S.; providing 7 definitions; prohibiting state agencies from expending 8 certain funds for a diversity, equity, and inclusion 9 office or officer; authorizing a person to notify the 10 Attorney General for violations of law by a state 11 agency; authorizing the Attorney General to file suit 12 for a writ of mandamus; providing construction; 13 creating s. 20.62, F.S.; prohibiting a person from 14 being excluded on an examining or licensing board 15 based on specified grounds and from being subjected to 16 discrimination by such board; prohibiting an examining 17 or licensing board from establishing or effectuating 18 certain policies or from making decisions based on 19 certain personal characteristics; creating a private 20 cause of action against certain boards and persons; 21 providing for actual, compensatory, or punitive 22 damages under certain circumstances; creating s. 23 287.139, F.S.; requiring potential recipients of state 24 contracts or grants to provide a specified 25 HB 731 2025 CODING: Words stricken are deletions; words underlined are additions. hb731-00 Page 2 of 12 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 certification to the Chief Financial Officer; 26 providing a definition for the term "diversity, 27 equity, and inclusion"; creating s. 395.3042, F.S.; 28 providing definitions; requiring health care providers 29 and medical institutions of higher education to 30 provide a specified certification to their governing 31 boards by a date certain and annually thereafter; 32 requiring the Florida Board of Medical Examiners to 33 publish on its website by a date certain, and annually 34 thereafter, a list of providers and institutions that 35 provided such certification; amending s. 456.013, 36 F.S.; providing definitions; prohibiting health care- 37 related professional licensing boards and other 38 organizations that issue health care-related licenses 39 and certifications from certain actions relating to 40 diversity, equity, and inclusion; creating s. 41 1004.099, F.S.; requiring medical institutions of 42 higher education to provide letter grade-based 43 assessments for required courses; providing an 44 exception; amending s. 1007.263, F.S.; requiring 45 specified standardized tests for admission to medical 46 institutions of higher education; providing a 47 definition for the term "medical institution of higher 48 education"; providing an effective date. 49 50 HB 731 2025 CODING: Words stricken are deletions; words underlined are additions. hb731-00 Page 3 of 12 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 Be It Enacted by the Legislature of the State of Florida: 51 52 Section 1. Subsection (3) is added to section 20.105, 53 Florida Statutes, to read: 54 20.105 Federal Grants Trust Fund.— 55 (3) A state agency as defined in s. 216.011(1) that is 56 applying for a federal health care-related grant relating to 57 diversity, equity, and inclusion, as defined in s. 20.615(1), 58 must do the following: 59 (a) Publish on its website all materials, requirements, 60 and instructions related to the federal grant application which 61 are in the state agency's possession. 62 (b) Submit a copy of the federal grant proposal to all 63 members of the Health Policy Committee in the Senate and the 64 Health and Human Services Committee in the House of 65 Representatives. 66 Section 2. Section 20.615, Florida Statutes, is created to 67 read: 68 20.615 Diversity, equity, and inclusion in state 69 agencies.— 70 (1) As used in this section, the term: 71 (a)1. "Diversity, equity, and inclusion" or "DEI" means: 72 a. Any effort to manipulate or otherwise influence the 73 composition of employees with reference to race, sex, color, or 74 ethnicity, other than ensuring colorblind and race-neutral 75 HB 731 2025 CODING: Words stricken are deletions; words underlined are additions. hb731-00 Page 4 of 12 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 hiring in accordance with state and federal antidiscrimination 76 laws; 77 b. Any effort to promote differential treatment of or 78 provide special benefits to a person based on his or her race, 79 color, or ethnicity; 80 c. Any effort to promote or adopt policies or procedures 81 designed or implemented with reference to race, color, or 82 ethnicity, other than policies or procedures approved in writing 83 by the Attorney General for the sole purpose of ensuring 84 compliance with any applicable court order or state or federal 85 law; 86 d. Any effort to promote or adopt training, programming, 87 or activities designed or implemented with reference to race, 88 color, ethnicity, gender identity, or sexual orientation, other 89 than training, programming, or activities developed by an 90 attorney licensed in this state and approved in writing by the 91 Attorney General for the sole purpose of ensuring compliance 92 with any applicable court order or state or federal law; or 93 e. Any effort to promote as the official position of a 94 state agency a particular opinion referencing unconscious or 95 implicit bias, cultural appropriation, allyship, transgender 96 ideology, microaggressions, group marginalization, antiracism, 97 systemic oppression, social justice, intersectionality, 98 neopronouns, heteronormativity, disparate impact, gender theory, 99 racial or sexual privilege, or any related formulation of these 100 HB 731 2025 CODING: Words stricken are deletions; words underlined are additions. hb731-00 Page 5 of 12 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 concepts. 101 2. The term does not include equal opportunity or equal 102 employment opportunity materials designed to inform a person 103 about the prohibition on discrimination based on protected 104 status under state or federal law. 105 (b) "Diversity, equity, and inclusion office" or "DEI 106 office" means any division, office, center, or other unit of a 107 state agency, or component thereof, that coordinates, creates, 108 develops, designs, implements, organizes, plans, or promotes 109 policies, programming, training, practices, activities, and 110 procedures relating to diversity, equity, and inclusion. 111 (c) "Diversity, equity, and inclusion officer" or "DEI 112 officer" means a person who is a full-time or part-time employee 113 of a state agency, or component thereof, or an independent 114 contractor of a state agency, or component thereof, whose duties 115 for the state agency include coordinating, creating, developing, 116 designing, implementing, organizing, planning, or promoting 117 policies, programming, training, practices, activities, or other 118 procedures relating to diversity, equity, and inclusion. 119 (d) "State agency" has the same meaning as in s. 120 216.011(1). 121 (2) A state agency may not expend appropriated funds or 122 otherwise expend any funds derived from bequests, charges, 123 deposits, donations, grants, gifts, income, receipts, or any 124 other source to establish, sustain, support, or staff a DEI 125 HB 731 2025 CODING: Words stricken are deletions; words underlined are additions. hb731-00 Page 6 of 12 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 office or to contract, employ, engage, or hire a person to serve 126 as a DEI officer. 127 (3) A person may notify the Attorney General of a 128 violation or potential violation of this section by a state 129 agency. The Attorney General may file suit for a writ of 130 mandamus compelling the state agency to comply with this 131 section. 132 (4) This section does not prohibit bona fide 133 qualifications based on sex which are reasonably necessary to 134 the normal operation of government functions. 135 Section 3. Section 20.62, Florida Statutes, is created to 136 read: 137 20.62 Prohibition on gender and racial quotas.— 138 (1) A person may not be excluded, based on the ground of 139 race, color, ethnicity, gender, or sex, from joining an 140 examining or licensing board, as that term is defined in s. 141 20.03, or be subjected to discrimination by any such board 142 governed by this chapter. 143 (2) An examining or licensing board may not establish or 144 effectuate in practice race-based policies, including 145 affirmative action, racial preferences, or racial quotas, 146 relating to the composition of the board. 147 (3) An examining or licensing board may not use in any way 148 an applicant's or candidate's race, color, ethnicity, or 149 national origin to make decisions about such person's 150 HB 731 2025 CODING: Words stricken are deletions; words underlined are additions. hb731-00 Page 7 of 12 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 participation with or on the board. The use of aggregated data 151 concerning the applicant's or candidate's race, color, 152 ethnicity, or national origin to make any decisions is 153 prohibited. 154 (4) There is a private cause of action against any 155 examining or licensing board governed by this chapter for a 156 violation, directly or indirectly, of the prohibitions in this 157 section. 158 (5) There is a private cause of action against an officer, 159 employee, or agent of an examining or licensing board governed 160 by this chapter for a violation of this section. However, if an 161 officer, employee, or agent of an examining or licensing board 162 performed an action at the direction of the board or any other 163 superior officer, employee, or agent in violation of subsection 164 (2) or subsection (3), the cause of action may only be brought 165 against the examining or licensing board or the superior 166 officer, employee, or agent. 167 (6) In an action brought under this section, a prevailing 168 plaintiff may recover any of the following: 169 (a) Actual or compensatory damages sustained by the 170 plaintiff as a result of a violation of this section. 171 (b) Punitive damages against the examining or licensing 172 board if the plaintiff demonstrates that the board discriminated 173 against the plaintiff intentionally or with reckless disregard 174 of the protected rights of such plaintiff. 175 HB 731 2025 CODING: Words stricken are deletions; words underlined are additions. hb731-00 Page 8 of 12 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 Section 4. Section 287.139, Florida Statutes, is created 176 to read: 177 287.139 Prohibition against utilizing diversity, equity, 178 and inclusion material.—All potential recipients for a state 179 contract or grant must certify to the Chief Financial Officer 180 before being awarded such contract or grant that the recipient 181 does not and will not require its employees, contractors, 182 volunteers, vendors, or agents to ascribe to, study, or be 183 instructed with diversity, equity, and inclusion material using 184 state funds. For purposes of this section, the term "diversity, 185 equity, and inclusion" has the same meaning as in s. 20.615(1). 186 Section 5. Section 395.3042, Florida Statutes, is created 187 to read: 188 395.3042 Prohibition on diversity, equity, and inclusion 189 by health care providers.— 190 (1) As used in this section, the term: 191 (a) "Diversity, equity, and inclusion" has the same 192 meaning as in s. 20.615(1). 193 (b) "Health care provider" means a hospital, doctor's 194 office, outpatient clinic, medical testing site, medical 195 laboratory, physical or occupational therapy or rehabilitation 196 provider, chiropractor, dentist, optometrist, mental health and 197 clinical social worker, and any related provider that accepts 198 public funding, including funding through Medicaid or Medicare. 199 (c) "Medical institution of higher education" means a 200 HB 731 2025 CODING: Words stricken are deletions; words underlined are additions. hb731-00 Page 9 of 12 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 Florida College System institution or state university, as those 201 terms are defined in s. 1000.21, that offer bachelor's, 202 master's, or doctoral degrees, or a trade school that receives 203 state funds and offers health care-related degrees, 204 certification programs, or training. 205 (2) All health care providers and medical institutions of 206 higher education must certify to their respective governing 207 boards by December 31, 2025, and annually thereafter, that they 208 do not and will not require their employees, contractors, 209 volunteers, vendors, or agents to ascribe to, study, or be 210 instructed with diversity, equity, and inclusion material using 211 state funds. 212 (3) The Florida Board of Medical Examiners shall publish 213 on its website by December 31, 2025, and annually thereafter, a 214 list of all health care providers and medical institutions of 215 higher education that have provided certification that such 216 provider or institution is not engaging in, promoting, teaching, 217 participating in, or requiring diversity, equity, and inclusion 218 material. 219 Section 6. Subsection (13) is added to section 456.013, 220 Florida Statutes, to read: 221 456.013 Department; general licensing provisions.— 222 (13)(a) As used in this subsection, the term: 223 1. "Diversity, equity, and inclusion" has the same meaning 224 as in s. 20.615(1). 225 HB 731 2025 CODING: Words stricken are deletions; words underlined are additions. hb731-00 Page 10 of 12 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 2. "Health care-related professional licensing board" 226 means public licensing boards for audiology and speech 227 pathology, chiropractic, dentistry, dietetics and nutrition, 228 medicine, osteopathy, long-term care, mental health and human 229 services, massage therapy, nursing, occupational therapy, 230 optometry, pharmacology, physical therapy, podiatry, 231 professional counseling, psychology, and social work. 232 (b) Health care-related professional licensing boards may 233 not adopt or impose, as a condition of obtaining or renewing 234 licenses, any incentives or requirements that applicants for 235 licensure undergo, demonstrate familiarity with, or support 236 diversity, equity, and inclusion training, education, material, 237 or programming. 238 (c) Organizations that issue health care-related 239 professional licenses and certifications may not use diversity, 240 equity, and inclusion material or require diversity, equity, and 241 inclusion training as part of the licensing or certification 242 process. 243 (d) Health care-related professional licensing boards and 244 organizations that issue health care-related professional 245 licenses and certifications may not conduct internal diversity, 246 equity, and inclusion audits or otherwise engage with diversity, 247 equity, and inclusion consultants. 248 Section 7. Section 1004.099, Florida Statutes, is created 249 to read: 250 HB 731 2025 CODING: Words stricken are deletions; words underlined are additions. hb731-00 Page 11 of 12 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 1004.099 Grading in medical institutions of higher 251 education.—A medical institution of higher education as defined 252 in s. 1007.263(6), excluding those institutions that are open 253 enrollment, must provide letter grade-based assessments for each 254 course required to graduate and may not use pass/fail 255 assessments for any required course. 256 Section 8. Subsection (6) is added to section 1007.263, 257 Florida Statutes, to read: 258 1007.263 Florida College System institutions; admissions 259 of students.—Each Florida College System institution board of 260 trustees is authorized to adopt rules governing admissions of 261 students subject to this section and rules of the State Board of 262 Education. These rules shall include the following: 263 (6) A medical institution of higher education must require 264 a standardized admissions test focused on knowledge of and 265 critical thinking skills for science and medical training as a 266 requirement for admission. The term "medical institution of 267 higher education" means a Florida College System institution or 268 state university, as those terms are defined in s. 1000.21, that 269 offer bachelor's, master's, or doctoral degrees, or a trade 270 school that receives state funds and offers health care-related 271 degrees, certification programs, or training. 272 273 Each board of trustees shall establish policies that notify 274 students about developmental education options for improving 275 HB 731 2025 CODING: Words stricken are deletions; words underlined are additions. hb731-00 Page 12 of 12 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 their communication or computation skills that are essential to 276 performing college-level work, including tutoring, extended time 277 in gateway courses, free online courses, adult basic education, 278 adult secondary education, or private provider instruction. 279 Section 9. This act shall take effect July 1, 2025. 280