By Guy Brenner and Jurate Schwartz of Proskauer Rose LLP
Quick Hit: Florida has enacted a sweeping new law (CS/CS/SB 1134) that prohibits counties and municipalities from funding, promoting, or taking any official action relating to diversity, equity, and inclusion ("DEI"), including indirectly through contractors, vendors, and grant recipients. The law takes effect January 1, 2027.
Key Takeaways: Beginning January 1, 2027, before being awarded a county or municipal contract or grant, a potential recipient will be required to certify that it does not and will not use county or municipal funds in requiring employees, contractors, volunteers, vendors, or agents to ascribe to, study, or be instructed using materials relating to DEI as defined in the statute.
The law defines "diversity, equity, and inclusion" to mean 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 compliance with antidiscrimination laws); (2) promote or provide preferential treatment or special benefits to a person or group based on those characteristics; or (3) promote or adopt training, programming, or activities designed or implemented with reference to those characteristics.
Importantly, the term "diversity, equity, and inclusion" does not include the use of equal opportunity or equal employment opportunity materials designed to inform a person about the prohibition against...
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