Governor-Backed Bill Squashing Local DEI Advances In Senate

By A.G. Gancarski

A Gov. Ron DeSantis-approved measure that would throttle local diversity, equity and inclusion (DEI) initiatives has cleared its first hurdle in the Senate committee process.

The measure from Sen. Clay Yarborough (SB 1134) advanced through the Community Affairs Committee. It would prohibit counties and cities from funding or promoting DEI, including offices dedicated to those efforts. Violating the law would result in misfeasance or malfeasance charges against officials who defy the state mandate, and potential removal from office if the conflict persists.

“Florida has led the nation on DEI elimination. Now, Sen. Yarborough and Rep. (Dean) Black have filed a bill to eliminate DEI in local government. Let’s go,” DeSantis said last month, extolling the Senator’s bill and the House companion (HB 1001).

Yarborough said the bill didn’t attack the concepts themselves so much as how they function as a framework in government.

“The bill does not restrict diversity, equity and inclusion when each of those items are considered individually, or even together — just when taken together, as what we understand DEI is an effort to be, that would not be appropriate,” Yarborough said.

“Decisions related to individuals and actions should be based on merit. And if we have officials and local government — whether it be elected officials, the procurement director, the HR manager, anyone else — if they are not basing their decisions on the merits, they need to be replaced.”

The bill would also allow people to sue local governments if they believe they are breaking this law, such as passing a bill or appropriation in conflict with this law.

DEI would be defined, per the bill, 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 specific demographic criteria would be banned, as would diversity training.

However, “equal opportunity” would be protected, as would commemorations such as Black History Month.

The sponsor went beyond the bill’s confines to spotlight an example from his hometown, where an LGBTQ+ organization funded by the city and School Board distributed what he called “pornographic playing cards to teenagers under the age of 18.” He decried at some length the group putting “putrid, disgusting material in front of our kids, and (hiding) it under the guise of the DEI effort.” (For its part, the group in question says it was an “adult game” intended to help with HIV outreach).

Yarborough said the Jacksonville Symphony, the city’s diversity officer, Gainesville’s director of inclusion, St. Petersburg’s chief equity officer, and other examples around the state exemplified the need for his legislation.

Ahead of the vote, Democrats issued futile cautions.

Sen. Shevrin Jones said the “outcry” against this bill was created by it being “unnecessary,” adding that DEI works for people in cities around the state, urging Yarborough to take a look at people who benefit and the “unintended consequences” they would face if this bill passes.

Republicans wrestled with the bill in their own way, saying the bill had problems and structural issues even if they were up on it.

“I’m deeply saddened that we are at a place in our society that we are today, where we have to have bills like this and discussions like this. And it saddens me that if you vote up on this bill, you’ll be labeled a racist. If you vote down, you’ll be some kind of leftist wingnut,” said GOP Sen. Tom Leek.

The public had criticisms.

Equality Florida called the bill “political theater that could cause real harm.” The Southern Poverty Law Center said the definition of DEI is “overbroad.”