MEMORANDUM

Agenda Item No.11(A) (6)

TO: Honorable Chairwoman Audrey M. Edmonson DATE: March 19, 2019

and Me1;1bers,Board of County Commissioners

FROM: Abigail Price-Williams SUBJECT: Resolution urging the Florida

County Attorney Legislature to enact SB 438 or
HB 1279, both entitled the
"Florida Inclusive Workforce
Act," or similar legislation that
would prohibit employment
discrimination in Florida on
the basis of sexual orientation
and gender identity

The accompanying resolution was prepared and placed on the agenda at the request of Prime Sponsor
Commissioner Eileen Higgins.

APW/uw
 MEMORANDUM
(Revised)

TO: Honorable Chairwoman Audrey M. Edmonson DATE: March 19, 2019

a/IAMembers, Bo d of County Commissioners

FROM: I I SUBJECT: Agenda Item No. 11(A)(6)

Count ttomey

Please note any items checked.

"3-Day Rule" for committees applicable if raised

6 weeks required between first reading and public hearing

4 weeks notification to municipal officials required prior to public

hearing

Decreases revenues or increases expenditures without balancing budget

Budget required

Statement of fiscal impact required

Statement of social equity required

Ordinance creating a new board requires detailed County Mayor's

report for public hearing

/ No committee review

Applicable legislation requires more than a majority vote (i.e., 2/3's __ ,

3/S's __ ,unanimous __ , CDMP 7 vote requirement per 2-116.1(3)(h)
or (4)(c) __ , COMP 2/3 vote requirement per 2-116.1(3)(h) or (4)(c)
__ , or CDMP 9 vote requirement per 2-116.1(4)(c)(2) _) to approve

Current information regarding funding source, index code and available

balance, and available capacity (if debt is contemplated) required
Approved __________ M~a~y=or AgendaltemNo. ll(A)(6)
Veto 3-19-19
Override

RESOLUTION NO.

RESOLUTION URGING THE FLORIDA LEGISLATURE TO

ENACT SB 438 OR HB 1279, BOTH ENTITLED THE
"FLORIDA INCLUSIVE WORKFORCE ACT," OR SIMILAR
LEGISLATION THAT WOULD PROHIBIT EMPLOYMENT
DISCRIMINATION IN FLORIDA ON THE BASIS OF SEXUAL
ORIENTATION AND GENDER IDENTITY

WHEREAS, Senate Bill 438 ("SB 438") and House Bill 1279 ("HB 1279"), both entitled

the "Florida Inclusive Workforce Act," have been filed for consideration during the Florida

Legislature's 2019 session by Senator Joe Gruters (R - Sarasota) and Representative Javier

Fernandez (D - Miami), respectively; and

WHEREAS, SB 438 and HB 1279 would amend the Florida Civil Rights Act, codified at

Chapter 760, Florida Statutes, to prohibit discrimination in employment on the basis of sexual

orientation and gender identity; and

WHEREAS, Miami-Dade County (the "County") takes pride in its diverse and inclusive

community and has demonstrated a long history of opposing discrimination on the basis of, among

other things, sexual orientation, gender identity and gender expression; and

WHEREAS, for example, the Miami-Dade Human Rights Ordinance, codified at Chapter

1lA of the County Code, currently prohibits discrimination in employment, family leave, public

accommodations, credit and financing practices, and housing accommodations on the basis of,

• among other things, a person's sexual orientation and gender identity or gender expression; and
 AgendaltemNo. 11(A)(6)
Page No. 2

WHEREAS, according to data collected in 2017 by the non-profit, non-partisan Public

Religion Research Institute (PRRI), 72 percent of Americans support laws that would protect

lesbian, gay, bisexual, and transgender individuals from discrimination in employment, public

accommodation, and housing; and

WHEREAS, despite these sentiments and the protections against discrimination afforded

by the County to the people who live, work, and visit here, state law currently does not offer such

protections on a statewide level to lesbian, gay, bisexual, and transgender Floridians; and

WHEREAS, because Florida law currently fails to prohibit discrimination statewide on

the basis on sexual orientation and gender identity, the lesbian, gay, bisexual, and transgender

Floridians who reside in counties with no local protections are vulnerable to, and without recourse

against, such invidious discrimination in the workplace and beyond; and

WHEREAS, in addition to ensuring basic fairness and equal treatment for all Floridians,

legislation prohibiting discrimination on the basis of sexual orientation and gender identity in

employment is increasingly seen as essential to attracting the best and brightest to Florida's

workforce; and

WHEREAS, to ensure that all Floridians are protected against discrimination on the basis

of sexual orientation and gender identity in employment, and to ensure that Florida remains

competitive in attracting the best and brightest workers and businesses to the State, it is imperative

that the Legislature take action in the upcoming session to enact the "Florida Inclusive Workforce

Act" or similar legislation; and

WHEREAS, accordingly, this Board wishes to express its support for SB 438, HB 1279,

or similar legislation,

4
 AgendaltemNo. 11(A)(6)
Page No. 3

NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY

COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA, that this Board:

Section 1. Urges the Florida Legislature to enact SB 438 or HB 1279, both entitled the

"Florida Inclusive Workforce Act," or similar legislation that would prohibit employment

discrimination in Florida on the basis of sexual orientation and gender identity.

Section 2. Directs the Clerk of the Board to transmit certified copies of this resolution

to the Governor, the Senate President, the House Speaker, Senator Joe Gruters, Representative

Javier Fernandez, the Chair and Members of the Miami-Dade State Legislative Delegation, and

the Executive Director of the Florida Commission on Human Relations.

Section 3. Directs the County's State Lobbyists to advocate for the legislation

described in Section I above, and authorizes and directs the Office of Intergovernmental Affairs

to amend the 2019 State Legislative Package to include this item.

The Prime Sponsor of the foregoing resolution is Commissioner Eileen Higgins. It was

offered by Commissioner , who moved its adoption. The motion was

seconded by Commissioner and upon being put to a vote, the vote was

as follows:

Audrey M. Edmonson, Chairwoman

Rebeca Sosa, Vice Chairwoman
Esteban L. Bovo, Jr. Daniella Levine Cava
Jose "Pepe" Diaz Sally A. Heyman
Eileen Higgins Barbara J. Jordan
Joe A. Martinez Jean Monestime
Dennis C. Moss Sen. Javier D. Souto
Xavier L. Suarez
 AgendaitemNo. 11(A)(6)
Page No. 4

The Chairperson thereupon declared the resolution duly passed and adopted this 19th day

of March, 2019. This resolution shall become effective upon the earlier of (I) IO days after the

date of its adoption unless vetoed by the County Mayor, and if vetoed, shall become effective only

upon an override by this Board, or (2) approval by the County Mayor of this Resolution and the

filing of this approval with the Clerk of the Board.

MIAMI-DADE COUNTY, FLORIDA

BY ITS BOARD OF
COUNTY COMMISSIONERS

HARVEY RUVIN, CLERK

By:__________ _
Deputy Clerk

Approved by County Attorney as

to form and legal sufficiency.
James Eddie Kirtley
12/2/22, 9:18 PM Legislative Matter

Miami-Dade
Legislative Item
File Number: 190624

Printable PDF Format

 
 Clerk's Official Copy   

File Number: 190624 File Type: Resolution Status: Adopted

Version: 0 Reference: R-321-19 Control: Board of County Commissioners
File Name: URGING FLORIDA INCLUSIVE WORKFORCE ACT Introduced: 3/7/2019
Requester: NONE Cost: Final Action: 3/19/2019
Agenda Date: 3/19/2019 Agenda Item Number: 11A6
Notes: Title: RESOLUTION URGING THE FLORIDA LEGISLATURE TO ENACT SB 438 OR HB
1279, BOTH ENTITLED THE ''FLORIDA INCLUSIVE WORKFORCE ACT,'' OR SIMILAR
LEGISLATION THAT WOULD PROHIBIT EMPLOYMENT DISCRIMINATION IN
FLORIDA ON THE BASIS OF SEXUAL ORIENTATION AND GENDER IDENTITY
Indexes: URGING Sponsors: Eileen Higgins, Prime Sponsor
  Esteban L. Bovo, Jr., Co-Sponsor
  Daniella Levine Cava, Co-Sponsor
  Audrey M. Edmonson, Co-Sponsor
  Sally A. Heyman, Co-Sponsor
  Barbara J. Jordan, Co-Sponsor
Sunset Provision: No Effective Date: Expiration Date:
Registered Lobbyist: None Listed

Legislative History

Acting Body Date Agenda Item Action Sent To Due Date Returned Pass/Fail

Board of County Commissioners 3/19/2019 11A6 Adopted P

County Attorney 3/7/2019 Assigned James Eddie Kirtley 3/11/2019

Legislative Text

TITLE

RESOLUTION URGING THE FLORIDA LEGISLATURE TO ENACT SB 438 OR HB 1279, BOTH

ENTITLED THE “FLORIDA INCLUSIVE WORKFORCE ACT,” OR SIMILAR LEGISLATION THAT

https://www.miamidade.gov/govaction/matter.asp?matter=190624&file=true&fileAnalysis=false&yearFolder=Y2019 1/3
12/2/22, 9:18 PM Legislative Matter

WOULD PROHIBIT EMPLOYMENT DISCRIMINATION IN FLORIDA ON THE BASIS OF SEXUAL

ORIENTATION AND GENDER IDENTITY

BODY

WHEREAS, Senate Bill 438 (“SB 438”) and House Bill 1279 (“HB 1279”), both entitled the “Florida Inclusive
Workforce Act,” have been filed for consideration during the Florida Legislature’s 2019 session by Senator Joe
Gruters (R – Sarasota) and Representative Javier Fernandez (D – Miami), respectively; and

WHEREAS, SB 438 and HB 1279 would amend the Florida Civil Rights Act, codified at Chapter 760, Florida
Statutes, to prohibit discrimination in employment on the basis of sexual orientation and gender identity; and

WHEREAS, Miami-Dade County (the “County”) takes pride in its diverse and inclusive community and has
demonstrated a long history of opposing discrimination on the basis of, among other things, sexual orientation,
gender identity and gender expression; and

WHEREAS, for example, the Miami-Dade Human Rights Ordinance, codified at Chapter 11A of the County
Code, currently prohibits discrimination in employment, family leave, public accommodations, credit and
financing practices, and housing accommodations on the basis of, among other things, a person’s sexual
orientation and gender identity or gender expression; and
WHEREAS, according to data collected in 2017 by the non-profit, non-partisan Public Religion Research Institute
(PRRI), 72 percent of Americans support laws that would protect lesbian, gay, bisexual, and transgender
individuals from discrimination in employment, public accommodation, and housing; and

WHEREAS, despite these sentiments and the protections against discrimination afforded by the County to the
people who live, work, and visit here, state law currently does not offer such protections on a statewide level to
lesbian, gay, bisexual, and transgender Floridians; and

WHEREAS, because Florida law currently fails to prohibit discrimination statewide on the basis on sexual
orientation and gender identity, the lesbian, gay, bisexual, and transgender Floridians who reside in counties with
no local protections are vulnerable to, and without recourse against, such invidious discrimination in the
workplace and beyond; and

WHEREAS, in addition to ensuring basic fairness and equal treatment for all Floridians, legislation prohibiting
discrimination on the basis of sexual orientation and gender identity in employment is increasingly seen as
essential to attracting the best and brightest to Florida’s workforce; and

WHEREAS, to ensure that all Floridians are protected against discrimination on the basis of sexual orientation
and gender identity in employment, and to ensure that Florida remains competitive in attracting the best and
brightest workers and businesses to the State, it is imperative that the Legislature take action in the upcoming
session to enact the “Florida Inclusive Workforce Act” or similar legislation; and

WHEREAS, accordingly, this Board wishes to express its support for SB 438, HB 1279, or similar legislation,
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-
DADE COUNTY, FLORIDA, that this Board:

Section 1. Urges the Florida Legislature to enact SB 438 or HB 1279, both entitled the “Florida Inclusive
Workforce Act,” or similar legislation that would prohibit employment discrimination in Florida on the basis of
sexual orientation and gender identity.
Section 2. Directs the Clerk of the Board to transmit certified copies of this resolution to the Governor, the Senate
President, the House Speaker, Senator Joe Gruters, Representative Javier Fernandez, the Chair and Members of
the Miami-Dade State Legislative Delegation, and the Executive Director of the Florida Commission on Human
Relations.

Section 3. Directs the County’s State Lobbyists to advocate for the legislation described in Section 1 above, and
authorizes and directs the Office of Intergovernmental Affairs to amend the 2019 State Legislative Package to
include this item.

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https://www.miamidade.gov/govaction/matter.asp?matter=190624&file=true&fileAnalysis=false&yearFolder=Y2019 2/3