125.595 Prohibition of official actions of counties relating to diversity, equity, and inclusion; penalty; remedy.—
(1) For purposes of this section, the term:
(a) “Acting in an official capacity” means performing or purporting to perform a function, duty, or responsibility assigned by law, rule, or policy to a public officer or public employee, or otherwise exercising or claiming to exercise the authority of such office or employment.
(b) “Diversity, equity, and inclusion” means any effort to:
1. Manipulate or otherwise influence the composition of employees with reference to race, color, sex, ethnicity, gender identity, or sexual orientation other than to ensure that hiring is conducted in accordance with state and federal antidiscrimination laws;
2. Promote or provide preferential treatment or special benefits to a person or group based on that person’s or group’s race, color, sex, ethnicity, gender identity, or sexual orientation; or
3. Promote or adopt training, programming, or activities designed or implemented with reference to race, color, sex, ethnicity, gender identity, or sexual orientation.
The term does not include the use of equal opportunity or equal employment opportunity materials designed to inform a person about the prohibition against discrimination based on protected status under state or federal law.
(c) “Diversity, equity, and inclusion office” means any office, division, department, agency, center, or other unit of a county which coordinates, creates, develops, designs, implements, organizes, plans, or promotes policies, programming, training, practices, meetings, activities, procedures, or similar actions relating to diversity, equity, and inclusion.
(d) “Diversity, equity, and inclusion officer” means a person who is a full-time or part-time employee of, or an independent contractor contracted by, a county whose duties include coordinating, creating, developing, designing, implementing, organizing, planning, or promoting policies, programming, training, practices, meetings, activities, procedures, or similar actions relating to diversity, equity, and inclusion.
(2) A county may not fund or promote, directly or indirectly, or take any official action, including, but not limited to, the adoption or enforcement of ordinances, resolutions, rules, regulations, programs, or policies, as it relates to diversity, equity, and inclusion. Any such existing ordinances, resolutions, rules, regulations, programs, or policies are void.
(3) A county may not expend any funds, regardless of source, to establish, sustain, support, or staff a diversity, equity, and inclusion office or to employ, contract, or otherwise engage a person to serve as a diversity, equity, and inclusion officer.
(4) A county commissioner or other county official acting in an official capacity who violates this section commits misfeasance or malfeasance in office.
(5) A county may not provide or authorize its funds to be used by employees, contractors, volunteers, vendors, or agents to promote diversity, equity, and inclusion initiatives.
(6) An action in circuit court may be brought by a resident of the county against a county that violates this section. The court may enter a judgment awarding declaratory and injunctive relief, damages, and costs.
(7)(a) This section does not prohibit any official action by a county required for compliance with state or federal laws or regulations.
(b) This section does not prohibit a county from doing any of the following:
1. Recognizing or promoting holidays designated by federal law, including those designated in 5 U.S.C. s. 6103.
2. Recognizing or promoting state holidays and special observances designated by state law, including those designated in chapter 683.
3. Recognizing or promoting patriotic and national observances recognized by federal law, including those designated in 36 U.S.C. ss. 101-148, or recognizing the events and individuals forming the basis for such observances.
4. Promoting or supporting a nonprofit entity that provides single-sex programs for the homeless or education, counseling, and rehabilitation of trauma-involved or at-risk youth.
5. Recognizing or honoring the individuals and groups recognized and honored by the monuments, memorials, and museums authorized by chapter 265 or chapter 267, or recognizing the events and individuals forming the basis for such monuments, memorials, or museums.
6. Owning, operating, maintaining, funding, or conducting events at monuments and memorials listed in 54 U.S.C. s. 320301 and located in this state.
7. Issuing event permits in a content-neutral manner and providing public safety services.
(c) This section does not prohibit the use of equal opportunity or equal employment opportunity materials designed to inform a person about the prohibition against discrimination based on protected status under state or federal law.
(d) This section may not be construed to conflict with:
1. Section 553.865 or analogous state and federal laws protecting the right of males and females to restrooms and changing facilities corresponding to their biological sex.
2. Part XII of chapter 39 or analogous state and federal laws ensuring that victims of domestic violence and their dependents have access to emergency shelters.
3. Section 1000.05 or analogous state and federal laws prohibiting discrimination based on biological sex in educational programs, sports, activities, and employment.
4. Chapter 381 or analogous state and federal laws ensuring males and females have access to public health services corresponding to their biological sex.
5. State and federal laws ensuring access to public health care services corresponding to a person’s race or ethnicity.
6. Any other state or federal laws recognizing the inherent biological differences between males and females for the purpose of ensuring their health, safety, and welfare.
(8) This section does not apply to:
(a) The actions of a body composed of nonelected volunteers; or
(b) Basic administrative support provided to a body composed of nonelected volunteers, unless such administrative support is provided by a county employee whose sole function is the provision of such administrative support.
