Senate passes local DEI attack favored by Governor as Democrats question motivations behind legislation

Gov. Ron DeSantis said “let’s go” when the latest attack on local government’s ability to accommodate minority groups was filed, and legislators are doing just that

While local governments from Ft. Lauderdale and Jacksonville to Miami Beach and St. Petersburg may object, the Senate is approving a measure designed to destroy local diversity, equity, and inclusion (DEI) initiatives.

The measure from Sen. Clay Yarborough (SB 1134) spurred robust debate, with outnumbered Democrats desperately objecting in an effort doomed by the unity of the Republican supermajority.

It passed by a 25-11 vote, with the only Republican no vote being Sen. Alexis Calatayud.

“I filed Senate Bill 1134 because as I have reviewed expenditures and mandatory practices in several counties and cities across our state, it has been alarming to discover some of the items that are being funded with Florida taxpayer dollars under the guise of the approximately 10 year old effort commonly referred to as DEI,” Yarborough said during Wednesday’s floor session.

The bill, which will be heard in the House Thursday, aims to block local governments from passing DEI initiatives and to make ones already in law illegal, effective Jan. 1, 2027. The bill also creates a cause of action for citizens to file civil suits against local governments in the event they feel discriminated against by DEI laws.

“Any local government should get as familiar with the bill as they possibly can,” Yarborough advised.

During the hours of discussion, Yarborough postulated the bill could save cities money.

DEI would be defined as any effort to “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.”

Additionally, “preferential treatment” and “special benefits” based on certain demographic criteria would be banned, as would diversity training.

However, “equal opportunity” would be protected, as would commemorations such as Black History Month and other legally-designated holidays and observances. Additionally, Black film festivals and other culturally-focused arts exhibits would be permissible activities.

But DEI officers could not be employed as such, though they could conceivably be redesignated.

Ahead of debate, Democrats and independent Sen. Jason Pizzo sought changes via amendment.

Efforts to change the scope of the bill to require the exhaustion of administrative remedies before filing suit, to refine the definition of DEI, to only cover expenditure of public funds, to remove potential misfeasance and malfeasance penalties for violations of the proposed law, and to allow cities and counties to designate observances at will to accommodate LGBTQ Pride Month celebrations were spiked.

Yarborough did however add language allowing for Orlando to hold events at the Pulse Memorial, the former nightclub property that became a site of a mass murder of club goers, a National Memorial which is now owned by the city.

Democrats raised the majority of questions. Yet even Republicans, such as Sen. Ileana Garcia of Miami Beach, questioned the bill, wondering if it had a provision to “grandfather” provisions to protect tourism and the Chambers of Commerce in her region.

Yarborough acknowledged that contracts in effect aren’t voided, but would be subject to the bill’s provisions upon renewal. Said contracts could be as long as the city and the vendor wanted as long as they were effectuated this year.

He also suggested that “future legislatures” could revise the law, should it pass, in the coming years.

Discussion of a reference to “national monuments” in the bill between Pizzo and Yarborough led to heated discussion of the Stonewall Pride Parade in Wilton Manors and the bill being temporarily postponed.

Upon its reconsideration, Democratic Leader Lori Berman bemoaned the “unnecessary attempt at a culture war” in the bill, noting five hours had been spent on it.

“There will be litigation,” she said. “There will be negative fiscal impact.”

“The bill is fundamentally flawed at its core. Deep in its core, like a poison apple,” added Sen. Carlos G. Smith.

Smith said the bill “targeted” LGBTQ people, and that the legislation “hurt” him.

Sen. Shevrin Jones made similar points.

“You might not say it’s anti-LGBTQ, but the underlying tone is that it actually is,” he added.

Sen. Tina Polsky said the bill could lead to local officials being removed from office and replaced with the Governor’s “cronies,” alleging a pattern of such from the state’s chief executive.

“I have to go defend my cities against a bunch of wackos. That’s what I have to do. And you’re taking my summer away from me. You’re taking my time with my family, away from me because of my commitment to my constituents that they don’t get abused, that they don’t get taken advantage of, that they don’t get bankrupted and removed from office,” said Pizzo in debate.

Not everyone who raised issues ultimately was down on the bill.

Republican Sen. Garcia, who questioned the impact of the bills early on, described “anxiety” over the bill, but objected to being “shamed into a corner” by the super-minority party.

In his close, Yarborough broke down into tears, professing that the bill was not “targeting” LGBTQ people and telling Smith that he valued their personal relationship.

“I appreciate you more than you know,” Yarborough said, noting that he put the Pulse language in the bill for him. “If the intent was to exclude, I would not have put that in the bill.”

In the end, though, the bill passed, and the next stop is the House during Thursday’s Session, where nine amendments have already been filed as of Wednesday evening.

While the amendments aren’t likely to be adopted, and while structured debate will truncate the length of the discussion, what’s clear is that the discussion will be heated before the inevitable vote in favor of the legislation.