Media Contact

ACLU of Florida Media Office, [email protected]

MIAMI, FL – The ACLU of Florida, Community Justice Project, and Equality Florida have sent a letter to 156 cities and counties across the state highlighting constitutional limits on the state’s latest law stifling local governance and seeking to ban community-based support and programming related to race, color, sex, ethnicity, gender identity, and sexual orientation.

Signed into law by Gov. DeSantis on July 4, 2026, Senate Bill 1134 (SB 1134) has alarmed and signaled to Floridians that the state government is imposing its will on local communities. This law perpetuates a nefarious pattern of targeting and restricting speech the governor dislikes in all aspects of public life, from classrooms and workplaces to museums and parks. Even though the law does not take effect until January 1, 2027, some cities and counties are preemptively seeking to implement it out of fear of state reprisal.

Among other provisions, SB 1134 emboldens Gov. DeSantis’ favored tool for addressing those in office who disagree with him—removal from office or suspension. However, the letter notes that the Florida Constitution does not authorize the governor to suspend elected municipal officials for noncriminal conduct despite the Florida Legislature’s statutory scheme purporting to override these constitutional restrictions and illegally expand his authority. The Constitution only authorizes suspension of elected municipal officers upon indictment of a crime—and disagreeing with DeSantis’ censorship agenda is not a crime.

“In the ‘so-called’ free state of Florida, local elected leaders have been cornered into compliance under threat of losing their jobs. This is no way to govern,” said Bacardi Jackson, Executive Director of the ACLU of Florida. “Gov. DeSantis’ crusade against ideologies he disfavors has wrought a string of problematic laws attempting to penalize what should be independent governmental bodies simply for representing the will, interests, and needs of the diverse communities they serve. But fortunately, he does not have the final say – the Constitution does.”

The U.S. Constitution guarantees equal protection and safeguards against viewpoint discrimination. The First and Fourteenth Amendments prohibit the government from suppressing or favoring particular viewpoints. SB 1134 remains bound by these constitutional limits.

The letter clarifies that local governments retain full authority to fund, celebrate, and maintain all programming tied to historical recognition and commemoration of state and federal holidays and observances, as well as the subjects of state monuments, museums, and memorials. Observances and holidays such as Juneteenth, National Hispanic Heritage Month, and the birthday of Martin Luther King, Jr., are all protected. In short, despite the anticipated constraints of this law, Florida’s cities and counties still retain significant authority to address certain community interests and needs, despite the anticipated constraints of this law.

“Local governments have long had policies, programs, and activities that acknowledge and celebrate their diverse communities, and respond to their distinct needs,” said Jon Harris Maurer, Equality Florida Public Policy Director. “This law is an overreaching attempt to stifle that through vague language and severe penalties. Fierce advocacy by advocates, local and state lawmakers, and organizations secured numerous exceptions to the law's sweeping restrictions. Equality Florida implores local governments to ensure that they continue to show up for their communities to the fullest extent of the law."

The groups urge local governments not to cede their constitutionally authorized powers to serve the needs of all their constituents. The letter recommends local elected officials continue their use of volunteer community boards, fund their current programs, and honor all contractual commitments.

“Although proponents of SB 1134 seek to stamp out local culture and mandate in its place an official, white-washed government perspective across the state, Florida’s cities and counties can still push back,” said Nastassia Janvier, Legal Defense Fund Marshall-Motley Fellow. “Although this law seeks to disintegrate the thread between local officials and the communities they serve, it is not without limits. Elected officials have the constitutional authority to preserve these protected programs and should do so. It is what their communities deserve.”

The ACLU of Florida also calls on the people, grass-roots organizations, and volunteer community boards residing and operating in each locality to familiarize themselves with the limits of this tyrannical law. And, in this critical election season, voters should hold those local officials who seek to over-enforce and pre-enforce it accountable.

The letter can be found here.