Text of FL S 1134 (2026)

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.

ENROLLED 2026 Legislature CS for CS for SB 1134, 1st Engrossed 20261134er 1 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; prohibiting counties and 18 municipalities, respectively, from providing or 19 authorizing funds to be used to promote diversity, 20 equity, and inclusion initiatives; authorizing a cause 21 of action against counties and municipalities, 22 respectively; authorizing a court to enter a judgment 23 awarding certain relief, damages, and costs; providing 24 construction and applicability; creating s. 287.139, 25 F.S.; requiring potential recipients of county or 26 municipal contracts or grants to make a certain 27 certification to the county or municipality before 28 being awarded such contract or grant; providing 29 applicability; providing an effective date. 30 31 Be It Enacted by the Legislature of the State of Florida: 32 33 Section 1. Section 125.595, Florida Statutes, is created to 34 read: 35 125.595 Prohibition of official actions of counties 36 relating to diversity, equity, and inclusion; penalty; remedy.— 37 (1) For purposes of this section, the term: 38 (a) “Acting in an official capacity” means performing or 39 purporting to perform a function, duty, or responsibility 40 assigned by law, rule, or policy to a public officer or public 41 employee, or otherwise exercising or claiming to exercise the 42 authority of such office or employment. 43 (b) “Diversity, equity, and inclusion” means any effort to: 44 1. Manipulate or otherwise influence the composition of 45 employees with reference to race, color, sex, ethnicity, gender 46 identity, or sexual orientation other than to ensure that hiring 47 is conducted in accordance with state and federal 48 antidiscrimination laws; 49 2. Promote or provide preferential treatment or special 50 benefits to a person or group based on that person’s or group’s 51 race, color, sex, ethnicity, gender identity, or sexual 52 orientation; or 53 3. Promote or adopt training, programming, or activities 54 designed or implemented with reference to race, color, sex, 55 ethnicity, gender identity, or sexual orientation. 56 57 The term does not include the use of equal opportunity or equal 58 employment opportunity materials designed to inform a person 59 about the prohibition against discrimination based on protected 60 status under state or federal law. 61 (c) “Diversity, equity, and inclusion office” means any 62 office, division, department, agency, center, or other unit of a 63 county which coordinates, creates, develops, designs, 64 implements, organizes, plans, or promotes policies, programming, 65 training, practices, meetings, activities, procedures, or 66 similar actions relating to diversity, equity, and inclusion. 67 (d) “Diversity, equity, and inclusion officer” means a 68 person who is a full-time or part-time employee of, or an 69 independent contractor contracted by, a county whose duties 70 include coordinating, creating, developing, designing, 71 implementing, organizing, planning, or promoting policies, 72 programming, training, practices, meetings, activities, 73 procedures, or similar actions relating to diversity, equity, 74 and inclusion. 75 (2) A county may not fund or promote, directly or 76 indirectly, or take any official action, including, but not 77 limited to, the adoption or enforcement of ordinances, 78 resolutions, rules, regulations, programs, or policies, as it 79 relates to diversity, equity, and inclusion. Any such existing 80 ordinances, resolutions, rules, regulations, programs, or 81 policies are void. 82 (3) A county may not expend any funds, regardless of 83 source, to establish, sustain, support, or staff a diversity, 84 equity, and inclusion office or to employ, contract, or 85 otherwise engage a person to serve as a diversity, equity, and 86 inclusion officer. 87 (4) A county commissioner or other county official acting 88 in an official capacity who violates this section commits 89 misfeasance or malfeasance in office. 90 (5) A county may not provide or authorize its funds to be 91 used by employees, contractors, volunteers, vendors, or agents 92 to promote diversity, equity, and inclusion initiatives. 93 (6) An action in circuit court may be brought by a resident 94 of the county against a county that violates this section. The 95 court may enter a judgment awarding declaratory and injunctive 96 relief, damages, and costs. 97 (7)(a) This section does not prohibit any official action 98 by a county required for compliance with state or federal laws 99 or regulations. 100 (b) This section does not prohibit a county from doing any 101 of the following: 102 1. Recognizing or promoting holidays designated by federal 103 law, including those designated in 5 U.S.C. s. 6103. 104 2. Recognizing or promoting state holidays and special 105 observances designated by state law, including those designated 106 in chapter 683. 107 3. Recognizing or promoting patriotic and national 108 observances recognized by federal law, including those 109 designated in 36 U.S.C. ss. 101-148, or recognizing the events 110 and individuals forming the basis for such observances. 111 4. Promoting or supporting a nonprofit entity that provides 112 single-sex programs for the homeless or education, counseling, 113 and rehabilitation of trauma-involved or at-risk youth. 114 5. Recognizing or honoring the individuals and groups 115 recognized and honored by the monuments, memorials, and museums 116 authorized by chapter 265 or chapter 267, or recognizing the 117 events and individuals forming the basis for such monuments, 118 memorials, or museums. 119 6. Owning, operating, maintaining, funding, or conducting 120 events at monuments and memorials listed in 54 U.S.C. s. 320301 121 and located in this state. 122 7. Issuing event permits in a content-neutral manner and 123 providing public safety services. 124 (c) This section does not prohibit the use of equal 125 opportunity or equal employment opportunity materials designed 126 to inform a person about the prohibition against discrimination 127 based on protected status under state or federal law. 128 (d) This section may not be construed to conflict with: 129 1. Section 553.865 or analogous state and federal laws 130 protecting the right of males and females to restrooms and 131 changing facilities corresponding to their biological sex. 132 2. Part XII of chapter 39 or analogous state and federal 133 laws ensuring that victims of domestic violence and their 134 dependents have access to emergency shelters. 135 3. Section 1000.05 or analogous state and federal laws 136 prohibiting discrimination based on biological sex in 137 educational programs, sports, activities, and employment. 138 4. Chapter 381 or analogous state and federal laws ensuring 139 males and females have access to public health services 140 corresponding to their biological sex. 141 5. State and federal laws ensuring access to public health 142 care services corresponding to a person’s race or ethnicity. 143 6. Any other state or federal laws recognizing the inherent 144 biological differences between males and females for the purpose 145 of ensuring their health, safety, and welfare. 146 (8) This section does not apply to: 147 (a) The actions of a body composed of nonelected 148 volunteers; or 149 (b) Basic administrative support provided to a body 150 composed of nonelected volunteers, unless such administrative 151 support is provided by a county employee whose sole function is 152 the provision of such administrative support. 153 Section 2. Section 166.04971, Florida Statutes, is created 154 to read: 155 166.04971 Prohibition of official actions of municipalities 156 relating to diversity, equity, and inclusion; penalty; remedy.— 157 (1) For purposes of this section, the term: 158 (a) “Acting in an official capacity” means performing or 159 purporting to perform a function, duty, or responsibility 160 assigned by law, rule, or policy to a public officer or public 161 employee, or otherwise exercising or claiming to exercise the 162 authority of such office or employment. 163 (b) “Diversity, equity, and inclusion” means any effort to: 164 1. Manipulate or otherwise influence the composition of 165 employees with reference to race, color, sex, ethnicity, gender 166 identity, or sexual orientation other than to ensure that hiring 167 is conducted in accordance with state and federal 168 antidiscrimination laws; 169 2. Promote or provide preferential treatment or special 170 benefits to a person or group based on that person’s or group’s 171 race, color, sex, ethnicity, gender identity, or sexual 172 orientation; or 173 3. Promote or adopt training, programming, or activities 174 designed or implemented with reference to race, color, sex, 175 ethnicity, gender identity, or sexual orientation. 176 177 The term does not include the use of equal opportunity or equal 178 employment opportunity materials designed to inform a person 179 about the prohibition against discrimination based on protected 180 status under state or federal law. 181 (c) “Diversity, equity, and inclusion office” means any 182 office, division, department, agency, center, or other unit of a 183 municipality which coordinates, creates, develops, designs, 184 implements, organizes, plans, or promotes policies, programming, 185 training, practices, meetings, activities, procedures, or 186 similar actions relating to diversity, equity, and inclusion. 187 (d) “Diversity, equity, and inclusion officer” means a 188 person who is a full-time or part-time employee of, or an 189 independent contractor contracted by, a municipality whose 190 duties include coordinating, creating, developing, designing, 191 implementing, organizing, planning, or promoting policies, 192 programming, training, practices, meetings, activities, 193 procedures, or similar actions relating to diversity, equity, 194 and inclusion. 195 (2) A municipality may not fund or promote, directly or 196 indirectly, or take any official action, including, but not 197 limited to, the adoption or enforcement of ordinances, 198 resolutions, rules, regulations, programs, or policies, as it 199 relates to diversity, equity, and inclusion. Any such existing 200 ordinances, resolutions, rules, regulations, programs, or 201 policies are void. 202 (3) A municipality may not expend any funds, regardless of 203 source, to establish, sustain, support, or staff a diversity, 204 equity, and inclusion office or to employ, contract, or 205 otherwise engage a person to serve as a diversity, equity, and 206 inclusion officer. 207 (4) Any member of the governing body of a municipality or 208 other municipal official acting in an official capacity who 209 violates this section commits misfeasance or malfeasance in 210 office. 211 (5) A municipality may not provide or authorize its funds 212 to be used by employees, contractors, volunteers, vendors, or 213 agents to promote diversity, equity, and inclusion initiatives. 214 (6) An action in circuit court may be brought by a resident 215 of the municipality against a municipality that violates this 216 section. The court may enter a judgment awarding declaratory and 217 injunctive relief, damages, and costs. 218 (7)(a) This section does not prohibit any official action 219 by the governing body of a municipality required for compliance 220 with state or federal laws or regulations. 221 (b) This section does not prohibit a municipality from 222 doing any of the following: 223 1. Recognizing or promoting holidays designated by federal 224 law, including those designated in 5 U.S.C. s. 6103. 225 2. Recognizing or promoting state holidays and special 226 observances designated by state law, including those designated 227 in chapter 683. 228 3. Recognizing or promoting patriotic and national 229 observances recognized by federal law, including those 230 designated in 36 U.S.C. ss. 101-148, or recognizing the events 231 and individuals forming the basis for such observances. 232 4. Promoting or supporting a nonprofit entity that provides 233 single-sex programs for the homeless or education, counseling, 234 and rehabilitation of trauma-involved or at-risk youth. 235 5. Recognizing or honoring the individuals and groups 236 recognized and honored by the monuments, memorials, and museums 237 authorized by chapter 265 or chapter 267 or recognizing the 238 events and individuals forming the basis for such monuments, 239 memorials, or museums. 240 6. Owning, operating, maintaining, funding, or conducting 241 events at monuments and memorials listed in 54 U.S.C. s. 320301 242 and located in this state. 243 7. Issuing event permits in a content-neutral manner and 244 providing public safety services. 245 (c) This section does not prohibit the use of equal 246 opportunity or equal employment opportunity materials designed 247 to inform a person about the prohibition against discrimination 248 based on protected status under state or federal law. 249 (d) This section may not be construed to conflict with: 250 1. Section 553.865 or analogous state and federal laws 251 protecting the right of males and females to restrooms and 252 changing facilities corresponding to their biological sex. 253 2. Part XII of chapter 39 or analogous state and federal 254 laws ensuring that victims of domestic violence and their 255 dependents have access to emergency shelters. 256 3. Section 1000.05 or analogous state and federal laws 257 prohibiting discrimination based on biological sex in 258 educational programs, sports, activities, and employment. 259 4. Chapter 381 or analogous state and federal laws ensuring 260 males and females have access to public health services 261 corresponding to their biological sex. 262 5. State and federal laws ensuring access to public health 263 care services corresponding to a person’s race or ethnicity. 264 6. Any other state or federal laws recognizing the inherent 265 biological differences between males and females for the purpose 266 of ensuring their health, safety, and welfare. 267 (8) This section does not apply to: 268 (a) The actions of a body composed of nonelected 269 volunteers; or 270 (b) Basic administrative support provided to a body 271 composed of nonelected volunteers, unless such administrative 272 support is provided by a municipal employee whose sole function 273 is the provision of such administrative support. 274 Section 3. Section 287.139, Florida Statutes, is created to 275 read: 276 287.139 Prohibition against using diversity, equity, and 277 inclusion material.—A potential recipient of a county or 278 municipal contract or grant shall certify to the county or 279 municipality, as applicable, before being awarded such contract 280 or grant that the potential recipient does not and will not use 281 county or municipal funds in requiring its employees, 282 contractors, volunteers, vendors, or agents to ascribe to, 283 study, or be instructed using materials relating to diversity, 284 equity, and inclusion as defined in ss. 125.595(1) and 285 166.04971(1). 286 Section 4. Section 287.139, Florida Statutes, created by 287 this act applies to any contract between a county or 288 municipality and a diversity, equity, and inclusion officer 289 which is in existence on January 1, 2027. With respect to all 290 other contracts, s. 287.139, Florida Statutes, created by this 291 act applies to contracts executed or renewed after January 1, 292 2027. 293 Section 5. This act shall take effect January 1, 2027.