THE BILL ITSELF
CS/CS/HB 1001
Official Actions of Local Governments
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A bill to be entitled
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An act relating to official actions of local
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governments; creating ss. 125.595 and 166.04971, F.S.;
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providing definitions; prohibiting counties and
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municipalities, respectively, from funding or
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promoting or taking official action as it relates to
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diversity, equity, and inclusion; providing that
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certain ordinances, resolutions, rules, regulations,
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programs, and policies are void; prohibiting counties
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and municipalities, respectively, from expending funds
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for diversity, equity, and inclusion offices or for
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diversity, equity, and inclusion officers; providing
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that a county commissioner, a member of the governing
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body of a municipality, or any other county or
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municipal official acting in an official capacity who
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violates certain provisions commits misfeasance or
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malfeasance in office; prohibiting counties and
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municipalities, respectively, from providing or
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authorizing funds to be used to promote diversity,
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equity, and inclusion initiatives; authorizing a cause
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of action against counties and municipalities,
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respectively; authorizing a court to enter a judgment
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awarding certain relief, damages, and costs; providing
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construction and applicability; creating s. 287.139,
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F.S.; requiring potential recipients of county or
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municipal contracts or grants to make a certain
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certification to the county or municipality before
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being awarded such contract or grant; providing
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applicability; providing an effective date.
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Be It Enacted by the Legislature of the State of Florida:
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Section 1. Section 125.595, Florida Statutes, is created
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to read:
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125.595 Prohibition of official actions of counties
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relating to diversity, equity, and inclusion; penalty; remedy.—
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(1) For purposes of this section, the term:
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(a) "Acting in an official capacity" means performing or
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purporting to perform a function, duty, or responsibility
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assigned by law, rule, or policy to a public officer or public
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employee, or otherwise exercising or claiming to exercise the
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authority of such office or employment.
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(b) "Diversity, equity, and inclusion" means any effort
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to:
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1. Manipulate or otherwise influence the composition of
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employees with reference to race, color, sex, ethnicity, gender
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identity, or sexual orientation other than to ensure that hiring
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is conducted in accordance with state and federal
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antidiscrimination laws;
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2. Promote or provide preferential treatment or special
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benefits to a person or group based on that person's or group's
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race, color, sex, ethnicity, gender identity, or sexual
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orientation; or
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3. Promote or adopt training, programming, or activities
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designed or implemented with reference to race, color, sex,
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ethnicity, gender identity, or sexual orientation.
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The term does not include the use of equal opportunity or equal
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employment opportunity materials designed to inform a person
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about the prohibition against discrimination based on protected
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status under state or federal law.
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(c) "Diversity, equity, and inclusion office" means any
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office, division, department, agency, center, or other unit of a
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county which coordinates, creates, develops, designs,
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implements, organizes, plans, or promotes policies, programming,
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training, practices, meetings, activities, procedures, or
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similar actions relating to diversity, equity, and inclusion.
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(d) "Diversity, equity, and inclusion officer" means a
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person who is a full-time or part-time employee of, or an
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independent contractor contracted by, a county whose duties
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include coordinating, creating, developing, designing,
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implementing, organizing, planning, or promoting policies,
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programming, training, practices, meetings, activities,
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procedures, or similar actions relating to diversity, equity,
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and inclusion.
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(2) A county may not fund or promote, directly or
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indirectly, or take any official action, including, but not
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limited to, the adoption or enforcement of ordinances,
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resolutions, rules, regulations, programs, or policies, as it
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relates to diversity, equity, and inclusion. Any such existing
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ordinances, resolutions, rules, regulations, programs, or
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policies are void.
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(3) A county may not expend any funds, regardless of
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source, to establish, sustain, support, or staff a diversity,
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equity, and inclusion office or to employ, contract, or
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otherwise engage a person to serve as a diversity, equity, and
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inclusion officer.
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(4) A county commissioner or other county official acting
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in an official capacity who violates this section commits
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misfeasance or malfeasance in office.
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(5) A county may not provide or authorize its funds to be
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used by employees, contractors, volunteers, vendors, or agents
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to promote diversity, equity, and inclusion initiatives.
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(6) An action in circuit court may be brought by a
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resident of the county against a county that violates this
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section. The court may enter a judgment awarding declaratory and
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injunctive relief, damages, and costs.
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(7)(a) This section does not prohibit any official action
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by a county required for compliance with state or federal laws
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or regulations.
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(b) This section does not prohibit a county from doing any
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of the following:
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1. Recognizing or promoting holidays designated by federal
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law, including those designated in 5 U.S.C. s. 6103.
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2. Recognizing or promoting state holidays and special
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observances designated by state law, including those designated
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in chapter 683.
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3. Recognizing or promoting patriotic and national
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observances recognized by federal law, including those
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designated in 36 U.S.C. ss. 101-148, or recognizing the events
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and individuals forming the basis for such observances.
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4. Recognizing or honoring the individuals and groups
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recognized and honored by the monuments, memorials, and museums
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authorized by chapter 265, ss. 267.0722 and 267.0724, or
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national monuments and memorials designated by acts of Congress,
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or recognizing the events and individuals forming the basis for
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such monuments, memorials, or museums.
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5. Issuing event permits in a content-neutral manner and
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providing public safety services.
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(c) This section does not prohibit the use of equal
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opportunity or equal employment opportunity materials designed
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to inform a person about the prohibition against discrimination
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based on protected status under state or federal law.
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(d) This section may not be construed to conflict with:
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1. Section 553.865 or analogous state and federal laws
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protecting the right of males and females to restrooms and
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changing facilities corresponding to their biological sex.
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2. Part XII of chapter 39 or analogous state and federal
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laws ensuring that victims of domestic violence and their
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dependents have access to emergency shelters.
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3. Section 1000.05 or analogous state and federal laws
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prohibiting discrimination based on biological sex in
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educational programs, sports, activities, and employment.
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4. Chapter 381 or analogous state and federal laws
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ensuring males and females have access to public health services
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corresponding to their biological sex.
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5. State and federal laws ensuring access to public health
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care services corresponding to a person's race or ethnicity.
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6. Any other state or federal laws recognizing the
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inherent biological differences between males and females for
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the purpose of ensuring their health, safety, and welfare.
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(8) This section does not apply to:
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(a) The actions of a body composed of nonelected
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volunteers; or
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(b) Basic administrative support provided to a body
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composed of nonelected volunteers, unless such administrative
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support is provided by a county employee whose sole function is
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the provision of such administrative support.
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Section 2. Section 166.04971, Florida Statutes, is created
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to read:
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166.04971 Prohibition of official actions of
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municipalities relating to diversity, equity, and inclusion;
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penalty; remedy.—
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(1) For purposes of this section, the term:
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(a) "Acting in an official capacity" means performing or
156
purporting to perform a function, duty, or responsibility
157
assigned by law, rule, or policy to a public officer or public
158
employee, or otherwise exercising or claiming to exercise the
159
authority of such office or employment.
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(b) "Diversity, equity, and inclusion" means any effort
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to:
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1. Manipulate or otherwise influence the composition of
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employees with reference to race, color, sex, ethnicity, gender
164
identity, or sexual orientation other than to ensure that hiring
165
is conducted in accordance with state and federal
166
antidiscrimination laws;
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2. Promote or provide preferential treatment or special
168
benefits to a person or group based on that person's or group's
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race, color, sex, ethnicity, gender identity, or sexual
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orientation; or
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3. Promote or adopt training, programming, or activities
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designed or implemented with reference to race, color, sex,
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ethnicity, gender identity, or sexual orientation.
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The term does not include the use of equal opportunity or equal
176
employment opportunity materials designed to inform a person
177
about the prohibition against discrimination based on protected
178
status under state or federal law.
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(c) "Diversity, equity, and inclusion office" means any
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office, division, department, agency, center, or other unit of a
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municipality which coordinates, creates, develops, designs,
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implements, organizes, plans, or promotes policies, programming,
183
training, practices, meetings, activities, procedures, or
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similar actions relating to diversity, equity, and inclusion.
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(d) "Diversity, equity, and inclusion officer" means a
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person who is a full-time or part-time employee of, or an
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independent contractor contracted by, a municipality whose
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duties include coordinating, creating, developing, designing,
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implementing, organizing, planning, or promoting policies,
190
programming, training, practices, meetings, activities,
191
procedures, or similar actions relating to diversity, equity,
192
and inclusion.
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(2) A municipality may not fund or promote, directly or
194
indirectly, or take any official action, including, but not
195
limited to, the adoption or enforcement of ordinances,
196
resolutions, rules, regulations, programs, or policies, as it
197
relates to diversity, equity, and inclusion. Any such existing
198
ordinances, resolutions, rules, regulations, programs, or
199
policies are void.
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(3) A municipality may not expend any funds, regardless of
201
source, to establish, sustain, support, or staff a diversity,
202
equity, and inclusion office or to employ, contract, or
203
otherwise engage a person to serve as a diversity, equity, and
204
inclusion officer.
205
(4) Any member of the governing body of a municipality or
206
other municipal official acting in an official capacity who
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violates this section commits misfeasance or malfeasance in
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office.
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(5) A municipality may not provide or authorize its funds
210
to be used by employees, contractors, volunteers, vendors, or
211
agents to promote diversity, equity, and inclusion initiatives.
212
(6) An action in circuit court may be brought by a
213
resident of the municipality against a municipality that
214
violates this section. The court may enter a judgment awarding
215
declaratory and injunctive relief, damages, and costs.
216
(7)(a) This section does not prohibit any official action
217
by the governing body of a municipality required for compliance
218
with state or federal laws or regulations.
219
(b) This section does not prohibit a municipality from
220
doing any of the following:
221
1. Recognizing or promoting holidays designated by federal
222
law, including those designated in 5 U.S.C. s. 6103.
223
2. Recognizing or promoting state holidays and special
224
observances designated by state law, including those designated
225
in chapter 683.
226
3. Recognizing or promoting patriotic and national
227
observances recognized by federal law, including those
228
designated in 36 U.S.C. ss. 101-148, or recognizing the events
229
and individuals forming the basis for such observances.
230
4. Recognizing or honoring the individuals and groups
231
recognized and honored by the monuments, memorials, and museums
232
authorized by chapter 265, ss. 267.0722 and 267.0724, or
233
national monuments and memorials designated by acts of Congress,
234
or recognizing the events and individuals forming the basis for
235
such monuments, memorials, or museums.
236
5. Issuing event permits in a content-neutral manner and
237
providing public safety services.
238
(c) This section does not prohibit the use of equal
239
opportunity or equal employment opportunity materials designed
240
to inform a person about the prohibition against discrimination
241
based on protected status under state or federal law.
242
(d) This section may not be construed to conflict with:
243
1. Section 553.865 or analogous state and federal laws
244
protecting the right of males and females to restrooms and
245
changing facilities corresponding to their biological sex.
246
2. Part XII of chapter 39 or analogous state and federal
247
laws ensuring that victims of domestic violence and their
248
dependents have access to emergency shelters.
249
3. Section 1000.05 or analogous state and federal laws
250
prohibiting discrimination based on biological sex in
251
educational programs, sports, activities, and employment.
252
4. Chapter 381 or analogous state and federal laws
253
ensuring males and females have access to public health services
254
corresponding to their biological sex.
255
5. State and federal laws ensuring access to public health
256
care services corresponding to a person's race or ethnicity.
257
6. Any other state or federal laws recognizing the
258
inherent biological differences between males and females for
259
the purpose of ensuring their health, safety, and welfare.
260
(8) This section does not apply to:
261
(a) The actions of a body composed of nonelected
262
volunteers; or
263
(b) Basic administrative support provided to a body
264
composed of nonelected volunteers, unless such administrative
265
support is provided by a municipal employee whose sole function
266
is the provision of such administrative support.
267
Section 3. Section 287.139, Florida Statutes, is created
268
to read:
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287.139 Prohibition against using diversity, equity, and
270
inclusion material.—A potential recipient of a county or
271
municipal contract or grant shall certify to the county or
272
municipality, as applicable, before being awarded such contract
273
or grant that the potential recipient does not and will not use
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county or municipal funds in requiring its employees,
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contractors, volunteers, vendors, or agents to ascribe to,
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study, or be instructed using materials relating to diversity,
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equity, and inclusion as defined in ss. 125.595(1) and
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166.04971(1).
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Section 4. Section 287.139, Florida Statutes, as created
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by this act, applies to any contract between a county or
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municipality and a diversity, equity, and inclusion officer
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which is in existence on January 1, 2027. With respect to all
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other contracts, s. 287.139, Florida Statutes, created by this
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act, applies to contracts executed or renewed after January 1,
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2027.
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Section 5. This act shall take effect January 1, 2027.