Florida Senate - 2022 SB 242



By Senator Gruters





23-00012A-22 2022242__
1 A bill to be entitled
2 An act relating to racial and sexual discrimination;
3 creating s. 110.1222, F.S.; defining terms; requiring
4 each agency head to take certain measures to prevent
5 the use of training for agency employees which
6 espouses certain concepts; providing duties of agency
7 heads; requiring agency heads to request agency
8 inspectors general to review agency compliance with
9 the act and to submit a report to the agency head;
10 requiring the Department of Management Services, in
11 consultation with the Florida Commission on Human
12 Relations, to review diversity and inclusion training
13 to ensure compliance with the act; requiring each
14 agency to submit a report detailing spending on
15 diversity or inclusion training to the Office of
16 Policy and Budget by a specified date; providing an
17 exception; providing for construction; amending s.
18 125.01, F.S.; defining terms; authorizing governing
19 bodies of counties to provide certain training,
20 workshops, or programming; prohibiting counties from
21 providing mandatory employee training that espouses
22 certain concepts; providing an exception; requiring
23 counties to ensure certain diversity and inclusion
24 efforts and to prohibit certain discrimination;
25 providing for construction; amending s. 166.021, F.S.;
26 defining terms; authorizing municipalities to provide
27 certain training, workshops, or programming;
28 prohibiting municipalities from providing mandatory
29 employee training that espouses certain concepts;
30 providing an exception; requiring municipalities to
31 ensure certain diversity and inclusion efforts and to
32 prohibit certain discrimination; providing for
33 construction; creating s. 287.0741, F.S.; defining
34 terms; requiring contracts with an agency which are
35 entered into or renewed on or after a specified date
36 to include the option to terminate if the contractor
37 provides workforce training that espouses certain
38 concepts; requiring a contractor to submit a
39 certification before entering into or renewing a
40 contract; requiring each agency to report violations
41 to the department for investigation; authorizing a
42 contractor’s placement on the discriminatory vendor
43 list under certain conditions; providing for
44 construction; amending s. 1000.05, F.S.; defining
45 terms; authorizing public K-20 educational
46 institutions to provide certain training; prohibiting
47 public K-20 educational institutions from providing
48 mandatory employee or student training that espouses
49 certain concepts; providing an exception; requiring
50 public K-20 educational institutions to ensure certain
51 diversity and inclusion efforts and to prohibit
52 certain discrimination; providing for construction;
53 providing an effective date.
54
55 Be It Enacted by the Legislature of the State of Florida:
56
57 Section 1. Section 110.1222, Florida Statutes, is created
58 to read:
59 110.1222 Policy against race or sex scapegoating or race or
60 sex stereotyping.—
61 (1) As used in this section, the term:
62 (a) “Divisive concepts” means any of the following
63 concepts, including views espousing that:
64 1. One race or sex is inherently superior to another race
65 or sex.
66 2. The United States is fundamentally racist or sexist.
67 3. An individual, by virtue of his or her race or sex, is
68 inherently racist, sexist, or oppressive, whether consciously or
69 subconsciously.
70 4. An individual should be discriminated against or receive
71 adverse treatment solely or partly because of his or her race or
72 sex.
73 5. Members of one race or sex cannot and should not attempt
74 to treat others without respect to race or sex.
75 6. An individual’s moral character is inherently determined
76 by his or her race or sex.
77 7. An individual, by virtue of his or her race or sex,
78 bears responsibility for actions committed in the past by other
79 members of the same race or sex.
80 8. An individual should feel discomfort, guilt, anguish, or
81 any other form of psychological distress on account of his or
82 her race or sex.
83 9. Meritocracy or traits, such as a hard work ethic, are
84 racist or sexist or were created by a particular race to oppress
85 another race.
86 10. Any other form of race or sex scapegoating or race or
87 sex stereotyping.
88 (b) “Race or sex scapegoating” means assigning fault,
89 blame, or bias to a race or sex, or to a member of a race or sex
90 because of his or her race or sex. The term includes any claim
91 that, consciously or subconsciously, and by virtue of his or her
92 race or sex, a member of any race is inherently racist or is
93 inherently inclined to oppress others, or that a member of a sex
94 is inherently sexist or is inherently inclined to oppress
95 others.
96 (c) “Race or sex stereotyping” means ascribing character
97 traits, values, moral and ethical codes, privileges, status, or
98 beliefs to a race or sex, or to an individual because of his or
99 her race or sex.
100 (2) The head of each state agency shall:
101 (a) Ensure that his or her respective agency, agency
102 employees while acting within the scope of their employment, and
103 any contractors hired by the agency to provide training,
104 workshops, or similar programming to agency employees do not
105 teach, advocate, act upon, or promote divisive concepts, race or
106 sex scapegoating, or race or sex stereotyping in any training
107 for agency employees. This paragraph does not prevent an agency
108 employee or hired contractor who provides such training from
109 responding to questions regarding specific divisive concepts
110 raised by participants in the training.
111 (b) Ensure that all agency diversity and inclusion efforts
112 encourage agency employees not to judge each other based on
113 color, race, ethnicity, sex, or any other characteristic
114 protected by federal or state law.
115 (c) Request the agency inspector general to review and
116 assess, at least once each calendar year, agency compliance with
117 the requirements of this section. The agency inspector general
118 shall submit a report to the agency head detailing any findings
119 of such review.
120 (d) Designate responsibility for ensuring compliance with
121 the requirements of this section to at least one agency
122 official.
123 (e) Take appropriate disciplinary action against an
124 employee or hired contractor who is responsible for promoting
125 diversity and inclusion if the employee or contractor either
126 authorizes or approves training that promotes divisive concepts,
127 race or sex scapegoating, or race or sex stereotyping.
128 (3) All employee training programs relating to diversity or
129 inclusion must be reviewed by the department, in consultation
130 with the Florida Commission on Human Relations, to ensure
131 compliance with the requirements provided in paragraphs (2)(a)
132 and (b).
133 (4) By October 1, 2022, each agency shall report to the
134 Office of Policy and Budget in the Executive Office of the
135 Governor all expenditures in the 2021-2022 fiscal year on
136 employee training programs relating to diversity or inclusion
137 and whether such training is conducted internally or by
138 contractors. In addition to providing aggregate expenditure
139 totals, the report must delineate awards to each individual
140 contractor.
141 (5) This section does not prohibit an agency from promoting
142 racial, cultural, ethnic, or intellectual diversity or
143 inclusiveness, so long as such efforts do not conflict with the
144 requirements of this section.
145 (6) This section may not be construed to prohibit the
146 discussion of divisive concepts, as part of a larger course of
147 instruction, in an objective manner and without endorsement.
148 Section 2. Subsection (8) is added to section 125.01,
149 Florida Statutes, to read:
150 125.01 Powers and duties.—
151 (8)(a) As used in this subsection, the term:
152 1. “Divisive concepts” means any of the following concepts,
153 including views espousing that:
154 a. One race or sex is inherently superior to another race
155 or sex.
156 b. The United States is fundamentally racist or sexist.
157 c. An individual, by virtue of his or her race or sex, is
158 inherently racist, sexist, or oppressive, whether consciously or
159 subconsciously.
160 d. An individual should be discriminated against or receive
161 adverse treatment solely or partly because of his or her race or
162 sex.
163 e. Members of one race or sex cannot and should not attempt
164 to treat others without respect to race or sex.
165 f. An individual’s moral character is inherently determined
166 by his or her race or sex.
167 g. An individual, by virtue of his or her race or sex,
168 bears responsibility for actions committed in the past by other
169 members of the same race or sex.
170 h. An individual should feel discomfort, guilt, anguish, or
171 any other form of psychological distress on account of his or
172 her race or sex.
173 i. Meritocracy or traits, such as a hard work ethic, are
174 racist or sexist or were created by a particular race to oppress
175 another race.
176 j. Any other form of race or sex scapegoating or race or
177 sex stereotyping.
178 2. “Race or sex scapegoating” means assigning fault, blame,
179 or bias to a race or sex, or to a member of a race or sex
180 because of his or her race or sex. The term includes any claim
181 that, consciously or subconsciously, and by virtue of his or her
182 race or sex, a member of any race is inherently racist or is
183 inherently inclined to oppress others, or that a member of a sex
184 is inherently sexist or is inherently inclined to oppress
185 others.
186 3. “Race or sex stereotyping” means ascribing character
187 traits, values, moral and ethical codes, privileges, status, or
188 beliefs to a race or sex, or to an individual because of his or
189 her race or sex.
190 (b) The governing body of each county may provide training,
191 workshops, or similar programming that fosters a workplace
192 environment that is respectful of all employees. However, any
193 mandatory employee training, whether provided by a county
194 employee or a hired contractor, may not teach, advocate,
195 encourage, act upon, or promote divisive concepts, race or sex
196 scapegoating, or race or sex stereotyping. This paragraph does
197 not prevent a county employee or hired contractor who provides
198 such training from responding to questions regarding specific
199 divisive concepts raised by participants in the training.
200 (c) The governing body of each county shall ensure that all
201 diversity and inclusion efforts encourage employees not to judge
202 each other based on color, race, ethnicity, sex, or any other
203 characteristic protected by federal or state law. Each county
204 shall prohibit its employees from discriminating against other
205 employees based on color, race, ethnicity, sex, or any other
206 characteristic protected by federal or state law.
207 (d) This subsection may not be construed to do any of the
208 following:
209 1. Inhibit or violate the rights protected by the First
210 Amendment to the United States Constitution and s. 4, Art. I of
211 the State Constitution or undermine intellectual freedom and
212 free expression. The intellectual vitality of employees may not
213 be infringed upon under this subsection.
214 2. Prevent a county from promoting racial, cultural,
215 ethnic, or intellectual diversity or inclusiveness, so long as
216 such efforts do not conflict with the requirements of this
217 subsection and other applicable laws.
218 3. Prohibit the discussion of divisive concepts, as part of
219 a larger course of instruction, in an objective manner and
220 without endorsement.
221 4. Create any right or benefit, substantive or procedural,
222 enforceable at law or in equity by any party against the county,
223 its departments, agencies, or entities, its officers, employees,
224 or agents, or any other person.
225 5. Prohibit a state or federal court or agency of competent
226 jurisdiction from ordering training or other remedial action
227 that discusses divisive concepts due to a finding of
228 discrimination, including discrimination based on race or sex.
229 Section 3. Subsection (10) is added to section 166.021,
230 Florida Statutes, to read:
231 166.021 Powers.—
232 (10)(a) As used in this subsection, the term:
233 1. “Divisive concepts” means any of the following concepts,
234 including views espousing that:
235 a. One race or sex is inherently superior to another race
236 or sex.
237 b. The United States is fundamentally racist or sexist.
238 c. An individual, by virtue of his or her race or sex, is
239 inherently racist, sexist, or oppressive, whether consciously or
240 subconsciously.
241 d. An individual should be discriminated against or receive
242 adverse treatment solely or partly because of his or her race or
243 sex.
244 e. Members of one race or sex cannot and should not attempt
245 to treat others without respect to race or sex.
246 f. An individual’s moral character is inherently determined
247 by his or her race or sex.
248 g. An individual, by virtue of his or her race or sex,
249 bears responsibility for actions committed in the past by other
250 members of the same race or sex.
251 h. An individual should feel discomfort, guilt, anguish, or
252 any other form of psychological distress on account of his or
253 her race or sex.
254 i. Meritocracy or traits, such as a hard work ethic, are
255 racist or sexist or were created by a particular race to oppress
256 another race.
257 j. Any other form of race or sex scapegoating or race or
258 sex stereotyping.
259 2. “Race or sex scapegoating” means assigning fault, blame,
260 or bias to a race or sex, or to a member of a race or sex
261 because of his or her race or sex. The term includes any claim
262 that, consciously or subconsciously, and by virtue of his or her
263 race or sex, a member of any race is inherently racist or is
264 inherently inclined to oppress others, or that a member of a sex
265 is inherently sexist or is inherently inclined to oppress
266 others.
267 3. “Race or sex stereotyping” means ascribing character
268 traits, values, moral and ethical codes, privileges, status, or
269 beliefs to a race or sex, or to an individual because of his or
270 her race or sex.
271 (b) The governing body of each municipality may provide
272 training, workshops, or similar programming that fosters a
273 workplace environment that is respectful of all employees.
274 However, any mandatory employee training, whether provided by a
275 municipality employee or a hired contractor, may not teach,
276 advocate, encourage, act upon, or promote divisive concepts,
277 race or sex scapegoating, or race or sex stereotyping. This
278 paragraph does not prevent a municipality employee or hired
279 contractor who provides such training from responding to
280 questions regarding specific divisive concepts raised by
281 participants in the training.
282 (c) The governing body of each municipality shall ensure
283 that all diversity and inclusion efforts encourage employees not
284 to judge each other based on color, race, ethnicity, sex, or any
285 other characteristic protected by federal or state law. Each
286 municipality shall prohibit its employees from discriminating
287 against other employees based on color, race, ethnicity, sex, or
288 any other characteristic protected by federal or state law.
289 (d) This subsection may not be construed to do any of the
290 following:
291 1. Inhibit or violate the rights protected by the First
292 Amendment to the United States Constitution and s. 4, Art. I of
293 the State Constitution or undermine intellectual freedom and
294 free expression. The intellectual vitality of mun