Legislative Matter

Miami-Dade Legislative Item
File Number: 151931

Printable PDF Format

Clerk's Official Copy

File Number: 151931

File Type: Resolution

Status: Adopted

Version: 0

Reference: R-739-15

Control: Board of County Commissioners

File Name: FLORIDA COMPETITIVE WORKFORCE ACT LGBT

Introduced: 8/20/2015

Requester: NONE

Cost:

Final Action: 9/1/2015

Agenda Date: 9/1/2015

Agenda Item Number: 11A12

Notes:

Title:

RESOLUTION URGING THE FLORIDA LEGISLATURE TO ENACT SB 120 OR HB 45, ENTITLED THE ''FLORIDA COMPETITIVE WORKFORCE ACT,'' OR SIMILAR LEGISLATION THAT WOULD PROHIBIT DISCRIMINATION IN FLORIDA ON THE BASIS OF SEXUAL ORIENTATION AND GENDER IDENTITY OR EXPRESSION

Indexes:

LEGISLATURE

Sponsors:	Daniella Levine Cava, Prime Sponsor
	Audrey M. Edmonson, Co-Prime Sponsor
	Bruno A. Barreiro, Co-Sponsor
	Jose "Pepe" Diaz, Co-Sponsor
	Barbara J. Jordan, Co-Sponsor
	Jean Monestime, Co-Sponsor
	Dennis C. Moss, 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	9/1/2015	11A12	Adopted				P
REPORT:	Pursuant to the Chairman’s Memorandum of Changes, dated September 1, 2015, a scrivener’s error was noted and corrected to include the following language: Item 11A12 has been reprinted adding handwritten pages 8 – 13, which had been inadvertently omitted. Commissioner Levine Cava introduced Florida State Representatives Holly Raschein and David Richardson. Representative Raschein appeared before the Board members and noted the cosponsor of the legislation on the Competitive Workforce Act (CWA). She recognized other supporters of this legislation and thanked the Board members for their support. Representative Raschein spoke on the CWA and the need for the entire State of Florida to focus on this, which would eliminate workplace discrimination for lesbian, gay, bisexual and transgender (LGBT) people as well as in housing and public accommodations. She also spoke of other municipalities and Counties have passed ordinances like this Legislation, but the CWA would send a message internationally that Florida’s open business was a friendly place that eliminated all types of discrimination, specifically related to LGBT people. Representative Raschein said that CWA was a statewide consistent public policy that she hoped would pass at the State level this year. She explained the intent was anti-discrimination and welcomed this County to join in with this public policy that would make an impact economically and how studies have shown the improvement and growth in businesses in areas that support LGBT. Ms. Raschein pointed out the laws in Florida allowed LGBT people to be married, but with the possibility of losing jobs and homes, or banned from public places. She highlighted the growing coalition of businesses that supported this legislation, such as American Airlines, and Delta Airlines. Representative Raschein thanked Commissioner Levine Cava for her support in this item. Representative David Richardson appeared before the Board members and noted the diversity that was in Miami-Dade County and South Florida. He also commented on the rights of LBGT people who hold qualified credentials not to be discriminated against. Mr. Richardson highlighted the fact that Florida was the third most populated state of LBGT people. He noted that a human rights campaign conducted an annual scoring for fortune five hundred businesses and through research he learned how only six companies in Florida have earned a high equality index from the human Rights Campaign (HRC). Representative Richardson pointed out that the State of Florida could not offer the same protection to LBGT people as other states, such as California although the company could provide protection it was not provided within the community. He urged the Board members to support this foregoing resolution and he thanked them for their current support on the item. Representative Richardson asked that this Board inform the Miami-Dade Delegation the importance of this resolution. Commissioner Levine Cava thanked both State Representatives and commended them for their leadership in addition to recognizing Commissioner Edmonson as co-prime sponsor. Commissioners Barreiro and Moss requested to be cosponsors for the foregoing proposed item. Mr. Tony Lima appeared before the Board members and declined his time to Ms. Martha Baker. Ms. Martha Baker, 1685 Cleveland Road, Miami Beach, appeared before the Board members and noted she was supportive of the foregoing proposed resolution. Ms. Jessica Fernandez, 951 Brickell Avenue, Miami, appeared before the Board members and noted she was supportive of the foregoing proposed resolution. Chairman Monestime requested to be added as a cosponsor of the foregoing proposed resolution. Hearing no further comments or questions the Board proceeded to vote on the foregoing proposed resolution as presented.

Office of the Chairperson	8/28/2015		Scrivener's Errors
REPORT:	Item 11A12 has been reprinted adding handwritten pages 8 – 13 which had been inadvertently omitted.

County Attorney	8/20/2015		Assigned	James Eddie Kirtley

Legislative Text

TITLE
RESOLUTION URGING THE FLORIDA LEGISLATURE TO ENACT SB 120 OR HB 45, ENTITLED THE �FLORIDA COMPETITIVE WORKFORCE ACT,� OR SIMILAR LEGISLATION THAT WOULD PROHIBIT DISCRIMINATION IN FLORIDA ON THE BASIS OF SEXUAL ORIENTATION AND GENDER IDENTITY OR EXPRESSION

BODY
WHEREAS, SB 120 and HB 583 would amend the Florida Civil Rights Act and Fair Housing Act, codified at Chapter 760 of the Florida Statutes, to prohibit discrimination in employment, housing, and public accommodations on the basis of sexual orientation and gender identity or expression; and
WHEREAS, Miami-Dade County (the �County�) prides itself on being a diverse and inclusive community and has demonstrated a long history of opposing discrimination on the basis of, among other things, sexual orientation and gender identity or 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 expression; and

WHEREAS, according to an exit poll conducted by SAVE Dade, Inc. during the 2012 general election, over 90 percent of the County�s voters who were polled felt that people should not be fired from the workplace simply for being gay or transgender; and
WHEREAS, despite these sentiments and the protections against discrimination afforded by the County to the people who live and work 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 or expression, 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; and
WHEREAS, there are currently only 10 Florida counties, and approximately 20 municipalities in the State, that have passed measures prohibiting discrimination based on sexual orientation and gender identity or expression, meaning that many thousands of lesbian, gay, bisexual, and transgender Floridians are without protection in the realms of employment, housing, and public accommodations; and
WHEREAS, to that end, the sponsor of HB 45, Rep. Raschein, has observed that in America, �[w]e were founded on the principles of liberty and freedom, and if you can�t allow a person to work or live somewhere because of their sexual orientation, that�s unacceptable�; 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 or expression is increasingly seen as essential to attracting the best and brightest to Florida�s workforce; and
WHEREAS, to that end, the sponsor of SB 120, Senator Abruzzo, has explained that �to remain economically competitive in a global marketplace, Florida must provide an environment that is welcoming to all,� and �[r]ecruiting and retaining talent regardless of their sexual orientation or gender identity will only serve to enhance our reputation and augment our economic viability�; and
WHEREAS, similarly, Rep. Mike Miller (R � Winter Park) has observed that if enacted, �[t]he Competitive Workforce Act will create a stronger workforce in Florida,� because �[p]assing consistent standards across the state will guarantee we are able to draw on the creativity and expertise of all our residents in order to drive our state�s business success�; and
WHEREAS, 84 percent of the nation�s largest companies � many of which do business in Florida � have adopted comprehensive anti-discrimination policies that offer protections to persons who are lesbian, gay, bisexual, or transgender precisely because it is good for business and helps them attract and recruit outstanding talent; and
WHEREAS, the Florida Competitive Workforce Act is supported by the Florida Businesses for a Competitive Workforce (�FBCW�), a coalition comprised of 34 large employers, including Fortune 500 companies, and more than 400 local businesses in Florida, such as Carnival Corporation, Darden, Office Depot, Raymond James, Walt Disney World Resorts, Wells Fargo, and Winn Dixie; and
WHEREAS, a complete list of the companies and businesses across the State that have united to form the FBCW coalition, and to promote and advocate for the passage of the Florida Competitive Workforce Act, is attached hereto; and
WHEREAS, some version of the Florida Competitive Workforce Act has been introduced in Tallahassee during every legislative session since 2010, but the bill has never received a committee hearing in the House or Senate; and
WHEREAS, to ensure that all Floridians are protected against discrimination on the basis of sexual orientation and gender identity or expression, 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 Competitive Workforce Act or similar legislation; and
WHEREAS, this Board wishes to express its strong support for such 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 120 or HB 45, entitled the �Florida Competitive Workforce Act,� or similar legislation that would prohibit discrimination in Florida on the basis of sexual orientation and gender identity or expression.
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 Joseph Abruzzo, Representative Holly Raschein and the Chair and Members of the Miami-Dade State Legislative Delegation.
Section 3. Directs the County�s State Lobbyists to advocate for the enactment of the legislation described in Section 1 above, and authorizes and directs the Office of Intergovernmental Affairs to include this item in the 2016 State Legislative Package.