New GOP bill targets gender identity in the workplace

Kimberly Leonard's must-read briefing on what's hot, crazy or shady about politics in the Sunshine State
Nov 22, 2023 View in browser
 
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By Kimberly Leonard

Members of the Florida House of Representatives convene during a legislative session at the Capitol in Tallahassee, Fla.

Members of the Florida House of Representatives convene during a legislative session at the Capitol in Tallahassee, Fla. | Wilfredo Lee/AP Photo

Good morning and happy early Thanksgiving. 

A new bill targeting how people can use pronouns and identify in the workplace is stirring up backlash ahead of Florida’s legislative session.

The bill (HB 599), sponsored by freshman Rep. Ryan Chamberlin (R-Belleview), would block state and local governments — as well as nonprofits and contractors who get money from the state — from forcing employees to use preferred pronouns for transgender and nonbinary colleagues. Workplaces also wouldn’t be allowed to retaliate against workers who misgender others, including for religious or “biology-based beliefs,” a term the bill doesn't define.

It’s not clear whether local governments have any of these policies in place now, but under the legislation if workers were to be penalized then they could complain to the Florida Commission on Human Relations.

Similar to another measure the Legislature has passed on racial relations in the workplace, the bill would block employers from requiring training on gender identity and sexual orientation as a condition of employment. It also says employees “may not” provide employers their personal titles or pronouns if they don’t match their sex assigned at birth.

“It is the policy of the state that a person's sex is an immutable biological trait and that it is false to ascribe to a person a pronoun that does not correspond to such person's sex,” the bill says.

The measure would effectively expand other contentious Florida laws that restrict how schools can talk about gender, sexual orientation and race and how workplaces can address diversity, equity and inclusion. Last session, Gov. Ron DeSantis signed a slew of anti-LGBTQ+ rights bills into law — including on health care, bathroom use and pronouns in schools — as he prepared to mount a presidential run to rival former President Donald Trump for the GOP nomination.

In the face of such laws, some localities have embraced LGBTQ+ measures, such as through all-gender restrooms or providing trans-inclusive health benefits.

Chamberlin, who just took office this year, didn’t respond to questions about the legislation, including whether other Florida lawmakers would get onboard or what he'd heard from constituents that made him push for the new workplace restrictions. The governor’s office also didn’t reply to a request for comment. If the bill is approved, it would go into effect July 1, 2024.

With DeSantis’ presidential campaign struggling, it’s not clear whether state legislative leaders have an appetite for so-called “culture war” measures in the forthcoming session that starts Jan. 9. No similar legislation has been introduced in the state Senate so far, and DeSantis has used the term “woke” less frequently in public remarks than he used to.

Chamberlin was elected this year to fill the seat left vacant after former GOP Rep. Joe Harding went to prison for fraud related to a federal Covid-relief loan. Harding had introduced the Parental Rights in Education Act, the bill opponents derided as “Don’t Say Gay” because it restricted how LGBTQ+ topics are discussed in public schools. Chamberlin ran for office without Democratic opposition and represents a seat that encompasses parts of Marion County, which has nearly twice the number of registered Republicans as it does Democrats.

“I would hope that this is not a part of their agenda moving into the next legislative session,” said state Rep. Shevrin Jones (D-Miami Gardens), who’s Florida’s first openly gay state senator. He called the bill “unconstitutional” and “tone deaf and insensitive to the current climate in Florida.”

Carlos Guillermo Smith, senior policy adviser at the LGBTQ+ rights organization Equality Florida, called the bill an “escalation of right-wing extremism” that would prevent transgender or nonbinary government employees to “live as their authentic selves at work” with their preferred names and pronouns, regardless of whether they’d gone through a legal process of transitioning such as changing their licenses or birth certificates.

The organization is also concerned for its mission to fight discrimination on the basis of gender identity and sexual orientation, given that language in the bill limits nonprofits’ “activity.”

“It shouldn't come as a surprise to anyone that Florida Republicans are willing to use the power of government to retaliate against those who speak out against their extreme agenda — ask Disney,” Smith said.

— WHERE’S RON? Nothing official announced for Gov. DeSantis.

PROGRAMMING NOTE: We’ll be off for Thanksgiving this Thursday and Friday but back to our normal schedule on Monday, Nov. 27.

Have a tip, story, suggestion, birthday, anniversary, new job, or any other nugget for Playbook? Get in touch at: kleonard@politico.com

 

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... DATELINE TALLAHASSEE ...


EMBRACING VOUCHERS — POLITICO’s Andrew Atterbury: "Republican-controlled legislatures in Florida, Arizona, Iowa, Arkansas and elsewhere passed massive expansions to school vouchers this year, fueled by anger over pandemic-era school closures and disagreements over what kids are taught. The new taxpayer-funded scholarships grant families thousands of dollars to educate their kids how they see fit — whether it's through private schools, homeschooling or some other alternative to public classrooms."

1ST AMENDMENT SHOWDOWN — Second Pro-Palestinian college group sues DeSantis, reports POLITICO’s Andrew Atterbury. Announced Tuesday by the Muslim civil rights group Council on American-Islamic Relations, the lawsuit challenges a push by Florida to deactivate local chapters associated with the national Students for Justice in Palestine organization over an agenda it distributed labeling the initial Hamas attack against Israel as “the resistance.”

SPECIAL REPORT — “State regulators a dead end for desperate condo owners,” reports the South Florida Sun Sentinel’s David Fleshler, Danica Jefferies and Brittany Wallman. “The Florida Department of Business and Professional Regulation is a dead end for most condo owners, the South Florida Sun Sentinel found in an analysis of complaint data, which showed the vast majority of complaints are closed without action. Tiny boards of volunteers wield immense power over hundreds or thousands of lives and millions of dollars. And most people living in condos — those who aren’t serving on the boards — find they have nowhere to turn when they think they’ve been wronged.”

RULEMAKING — “States limit Chinese investment, take care to avoid unintended effects,” reports Forbes’ Patrick Gleason. As Florida officials implement the law, “investors and other economic stakeholders are urging state regulators to clarify that the new law does not prohibit in-state investment by funds, companies and firms in which a de minimis share of capital is derived from passive foreign investors.”

DROWNING PREVENTION — “State could pay for some children’s swim lessons,” reports Florida Politics’ Christine Jordan Sexton. “Sen. Travis Hutson and Rep. Demi Busatta Cabrera filed legislation this week that would create a voucher program in the Department of Health. The agency would contract with a network of swimming lesson vendors to offer the vouchers to families with one or more children aged four and under and an income at 200 percent of the federal poverty level or less.”

— “How the $1.8 billion Realtors lawsuit could reshape Florida’s housing market,” by the Tampa Bay Times’ Rebecca Liebson

PENINSULA AND BEYOND


PINK SLIPS — “DeSantis’ Disney World district fires 2 senior leaders, 2 others,” reports the Orlando Sentinel’s Skyler Swisher. “Three days before Thanksgiving, DeSantis’ Disney World oversight district fired two senior staffers and two other employees. The district on Monday dismissed Eryka Washington Perry, director of communications, and Jason Middleton, chief of human resources, along with an administrative assistant and facilities maintenance specialist, according to an internal email obtained by the Orlando Sentinel.”

‘SAY THEY’ — ”Orange County educators have decided Florida’s new law restricting the use of preferred pronouns in schools still allows public schools to honor parental requests to have transgender students referred to by pronouns that match their gender identity, not their sex at birth,” reports the Orlando Sentinel’s Leslie Postal. “Orange County Public Schools plan to tell teachers to follow that guidance starting Dec. 4 unless the state says ‘that such practice is contrary to law,’ according to a letter Teresa Jacobs, chair of the Orange County School Board, wrote Education Commissioner Manny Diaz on Friday.”

AMENDED LAWSUIT — “More Publix employees have come forward in a lawsuit over off-the-clock work after other employees filed a lawsuit last month alleging the company didn’t properly pay its employees overtime,” reports WFLA’s Kevin Accettulla. “An amended lawsuit was filed Tuesday to include other hourly department managers of the Lakeland-based grocery store chain. The lawsuit claims that employees were required to perform work both before and after their shifts while not being paid to do so. They also had to work during unpaid meal breaks.”

— Citadel CEO Ken Griffin, one of Florida’s wealthiest men, is in talks to buy minority interest in Dolphins, reports the Miami Herald’s Barry Jackson

CAMPAIGN MODE


POWER STRUGGLE — “DeSantis' team was going after Nikki Haley. They turned on each other instead,” reports NBC News. “The infighting represents an escalation in the long-running war between Never Back Down's professional political operatives and DeSantis’ Tallahassee-based inner circle over who is to blame for the governor’s failure to compete effectively with Trump for the Republican nomination. DeSantis’ monthslong tumble created an opening for Haley, whose rise in the polls and newfound affection from mega-donors pose an existential threat to the Florida governor’s campaign.”

DES MOINES, IOWA - NOVEMBER 17: President and CEO of The Family Leader Bob Vander Plaats speaks at the Thanksgiving Family Forum at the downtown Marriott on November 17, 2023 in Des Moines, Iowa. The Christian faith based forum hosts three Republican Presidential candidates at a round table discussion for an audience of supporters. (Photo by Jim Vondruska/Getty Images)

President and CEO of The Family Leader Bob Vander Plaats speaks at the Thanksgiving Family Forum at the downtown Marriott on November 17, 2023 in Des Moines, Iowa. | Jim Vondruska/Getty Images

ANOTHER KEY ENDORSEMENT — This time from Iowa religious leader Bob Vander Plaats, reports the New York Times’ Maggie Astor. “Vander Plaats has endorsed the last three Republicans who won contested Iowa caucuses — Mike Huckabee in 2008, Rick Santorum in 2012 and Ted Cruz in 2016 — though none of them went on to win the nomination. But it is far from clear that his support will be enough to bolster DeSantis, who is trailing Trump by huge margins in polls in Iowa as well as nationally. As of Tuesday, Mr. DeSantis was more than 25 points behind Trump in the FiveThirtyEight average of Iowa surveys — an enormous gap to make up in less than two months’ time. And he is barely holding on to second place over Haley.”

SENTENCING AHEAD — “Former Miami Proud Boys member Gabriel Garcia found guilty on Jan. 6 riot charges,” reports the Miami Herald’s Max Greenwood. Gacia was a former member of the Miami-Dade Republican Party Executive Committee.

DATELINE D.C.

WASHINGTON, DC - SEPTEMBER 29: Rep. Matt Gaetz (R-FL) departs from the U.S. Capitol Building on September 29, 2023 in Washington, DC. The House of Representatives failed to pass a temporary funding bill to avert a government shutdown, with 21 Republicans joining Democrats in defiance of U.S. Speaker of the House Kevin McCarthy (R-CA). (Photo by Anna Moneymaker/Getty Images)

Rep. Matt Gaetz (R-FL) departs from the U.S. Capitol Building on September 29, 2023 in Washington, DC. | Anna Moneymaker/Getty Images

POST-SPEAKER FIGHT — “Matt Gaetz at 21% approval rating in Florida, poll says,” by the Pensacola News Journal’s Jim Little. “A poll from the Florida Atlantic University Mainstreet PolCom Lab released last week showed that 57 percent of Florida voters disapproved of Gaetz's performance as a member of Congress.”

CHASER —Webster, Gaetz ranked Florida's least effective Congressional lawmakers in 2023 list,” reports USA Today Network - Florida’s C.A. Bridges. “The Center for Effective Lawmaking from the University of Virginia and Vanderbilt University ranked all the lawmakers in the 117th Congress according to effectiveness and success in moving and passing bills.

BUT ALSO A FLORIDA MAN — U.S. Sen. Marco Rubio was ranked the third-most effective lawmaker in the Senate overall.

CHECKING IN — Progressive Democrat U.S. Rep. Maxwell Frost, the first Gen. Z member of Congress, has introduced several bills with Republicans on issues ranging from hurricane preparedness to excess defense spending and military voting, reports The Orlando Sentinel’s Steven Lemongello.

TRANSITION TIME


NEW LEADERSHIP — “Publix CEO Todd Jones will transition to become the executive chairperson of Publix’s board of directors as its current chairperson, Ed Crenshaw, will move on to chairperson emeritus,” reports the Tampa Bay Times. “The current president, Kevin Murphy, will take over as CEO. Senior Vice President John Goff will be the company’s new president.”

ODDS, ENDS AND FLORIDA MEN


INFLATION NATION — Depending on which Florida city people live in, Thanksgiving dinner can cost between $126.81 and $146.75, according to the Palm Beach Post.

SHOPPING AHEAD — Florida Chief Financial Officer Jimmy Patronis has tips for avoiding scams during Black Friday and Cyber Monday.

BIRTHDAYS: Lauren Reamy of U.S. Sen. Marco Rubio’s office … (Thursday) State Sen. Linda Stewart … Miami-Dade County Commissioner Kionne McGheeScreven Watson of Screven Watson & Associates (Friday) Former Florida Supreme Court Justice Ricky PolstonChris Finkbeiner, vice president with Rubin, Turnbull & Associates … author and Florida State University professor Mark Winegardner (Saturday) Former state Rep. Jason Fischer … former State Rep. Adam Hasner ... Jennifer Krell Davis of The Florida Bar … (Sunday) Miami Beach Mayor Dan Gelber … former CIA Director and former U.S. House member from Florida Porter GossMac Stipanovich

 

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