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Newly introduced Florida bill could destroy LGBTQ nonprofits

It would establish “biological” pronouns as official state policy

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Florida House Of Representatives (Photo Credit: Florida House Of Representatives)

By Erin Reed | A new bill just introduced in Florida aims to expand “Don’t Say Gay Or Trans” provisions to a broad range of workplaces. Targeting government employees, contractors, and nonprofits, the bill sets forth restrictions and bans on policies relating to pronouns, gender identity, and sexuality.

Specifically, it would prohibit state and local government employees as well as any contractors engaged with the government from changing their pronouns or honorifics if they do not match their assigned sex at birth. It would also bar them from instructing on gender identity or sexuality, similar to “Don’t Say Gay Or Trans” laws already active in the state education system. The legislation would establish “biological” pronouns as official state policy.

The bill also would establish protections for what it calls “deeply held biology-based beliefs.” It may even prevent all nonprofits in the state from mandating any “training, instruction, or other activity on sexual orientation, gender identity, or gender expression,” a clause that could destroy LGBTQ+ nonprofits across Florida.

The bill, HB599, was introduced by Representative Ryan Chamberlin, a Republican. The bill is split into two sections, with the first section applying to government employees and contractors, which it defines as “an individual, partnership, corporation, or business entity” that “enters or attempts to enter into a contract for services” with any state, county, municipality, or special district of Florida.

These definitions encompass a huge number of businesses, such as stadiums, convention centers, major hospitals, insurance agencies, and more. For these businesses, as well as for all government workers, the bill would declare that it is the state’s policy 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.” It then would bar covered employees from sharing pronouns that “do not correspond to that person’s sex,” effectively banning social transition at work for these employees.

See the provisions barring pronouns, honorifics, and more here:

Provisions in HB 599

The bill also would enshrine a new phrase into law: protections for employees “deeply held religious or biology-based beliefs.” The phrase “deeply held religious beliefs” has longstanding precedent in constitutional law and is used to overturn laws judged to be violating someone’s freedom of religion.

Deeply held “biology-based” beliefs, however, are not something that has ever been a part of any law. It would appear that this line is meant to provide religious-based protections to people who assert that their misgendering of transgender people and using transgender people’s old names is part of their “biology-based” rights.

The bill is not limited in its application to government employees and contractors, however. A separate section of the bill would apply to “nonprofit organizations or an employer who receives funding from the state.” In the most broad reading of this section, separating “nonprofit organizations” from “employers who receive funding from the state,” it would bar all such organizations from mandating “training, instruction, or other activity on sexual orientation, gender identity, or gender expression.”

Provisions in HB 599

This provision is severe in its potential impact. Virtually every LGBTQ+ organization would be radically affected by it and would likely have to shut down. It would be nearly impossible for an LGBTQ+ organization to run without providing instruction, training, and “other activity” around gender identity or sexuality. It would be a blatant power grab by the state targeting organizations critical to the government and would further drive LGBTQ+ activism and organizing underground in the state. If enforced broadly, this section could have a similar impact to laws in Russia designed to shut down LGBTQ+ organizations there.

This section would have impacts far beyond LGBTQ+ organizations as well. The provisions would apply to “any organization that is exempt from taxation” including “s. 501” organizations. This would include, for instance, 501c4s, which are crucial during election cycles and could be used to target left-leaning organizations running election ads. Many of these organizations have LGBTQ+ employees and provide instruction and accommodations for their employees, which would be barred by the state if this gets passed into law.

It could also have impacts on medical organizations that do business with state and local governments. Planned Parenthood, a 501c3, heavily provides care for LGBTQ+ people, and such a law could be used to target the organization statewide. Likewise, many state hospital systems that do business with the government often must educate employees and patients on HIV and AIDs, which is impossible to divorce from LGBTQ+ issues. Community health clinics would, similarly, have to contend with these provisions.

Brandon J. Wolf, the National Press Secretary for the Human Rights Campaign said to the Blade in a statement Tuesday: “This Florida bill is a hateful, anti-LGBTQ+ monstrosity. It is dangerous, unconstitutional, and we know it’s just the start of politicians’ attacks on our community this legislative session. We’re prepared to fight back.”

This legislation represents an early move in what promises to be a challenging year for anti-LGBTQ+ legislation in 2024. Historically, Florida has often been the breeding ground for new laws aimed at the LGBTQ+ community. This bill might well serve as a precursor to the next “model policy” that could be replicated in multiple states, and bears close watching.

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Erin Reed is a transgender woman (she/her pronouns) and researcher who tracks anti-LGBTQ+ legislation around the world and helps people become better advocates for their queer family, friends, colleagues, and community. Reed also is a social media consultant and public speaker.

Follow her on Twitter (Link)

Website here: https://www.erininthemorning.com/

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The preceding article was first published at Erin In The Morning and is republished with permission.

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Florida

Key West Pride’s state funding pulled

Republican Fla. Gov. Ron DeSantis signed anti-DEI bill

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(Washington Blade file photo by Michael K. Lavers)

Following the passage of anti-DEI legislation in Florida, Key West will no longer receive any state funding for its future Pride events.

In a letter provided to the Key West Business Guild, the LGBTQ visitor and tourism center for the string of islands, a senior assistant county attorney for Monroe County officially said that the organization would no longer receive funding for its ongoing projects as a result of Senate Bill 1134 and House Bill 1001, starting in 2027.

The popular Key West Pride, gay men–leaning Tropical Heat weekend, and Womenfest will no longer receive any state money. This is something that Gay Key West Visitor Center Executive Director Rob Dougherty highlighted will shift how all the largest LGBTQ events in the Keys will be held after this year.

He said that the explanation is solely a result of SB 1134 and HB 1001, which limits the official actions of local governments by “prohibiting counties and municipalities, respectively, from funding or promoting or taking official action as it relates to diversity, equity, and inclusion …”

The legislation is being used to impose restrictions on funding events that exclude — whereas the events’ true purpose is to uplift already marginalized groups.

“Womenfest lost it [funding] because it’s a women’s-only event. Tropical Heat lost it because it’s a men’s-only event … that’s how this is being applied.”

This will not impact anything this year, Dougherty assured the Washington Blade; however, the future is not as certain.

“The law that (Republican Florida) Gov. DeSantis signed does not go into effect until Jan. 1, so for 2026 we’re okay,” Dougherty told the Blade. “But it impacts Key West Pride 2027, it impacts Tropical Heat 2027 and Womenfest — so we have lost all funding for those three events.”

He said that this will amount to a large chunk of the expected funding for the LGBTQ celebrations, which the Key West tourism board says is “internationally known as a gay mecca.”

“We’re due to lose about $200,000. Not all of that is direct, but the way that the Tourist Development Council (TDC) distributes their money, about $75,000 of it is for Key West Pride, and that helps to pay for things like marketing, swag, and other things that promote the event.”

He went on to explain that marketing to many major metropolitan areas with large LGBTQ populations may not see the same Key West advertisements and push as in years past — and that is the point.

“Our digital marketing, our print marketing, our SEO marketing — all of that is paid for through there, and it targets places with direct flights like Washington, D.C., New York, Philly, Atlanta, Dallas. So it’s definitely going to impact that.”

The money that will stop coming is not just to run events and celebrations, he explained. Money that goes back directly into the community is going to be hardest hit.

“An estimated 250,000 LGBTQ+ travelers make it to Key West on an annual basis, and on a very conservative basis, for every LGBTQ+ person there are two to four allies traveling with the same values.”

“The TDC also estimates that $1,500+ is spent per person per visit … so if you take those figures and multiply those all together, it comes up to about $1.2 billion … that is potentially going to be lost.”

He says that this will intrinsically change how Key West’s tourism — especially the large LGBTQ side of it — will run, especially since gay vacations need a foundation and expectation of safety and support to blossom.

“We travel based upon where we feel most welcome,” Dougherty said. “Key West has always been its own little place … the LGBTQ+ history of Key West and everything about Key West has always been a little bit weird for people, and that’s why they come here.”

The Guild was formed in 1978 to encourage summer tourism and support Key West’s gay community — becoming the nation’s first LGBTQ destination marketing organization. It has grown tremendously from its original membership to now include more than 475 enterprises representing virtually every facet of the island’s business community.

He also went on to say that this should be eye-opening for anywhere considered an LGBTQ destination, regardless of whether it is in a blue state or a red one.

“I think it can be a wake-up call across the country, because if it can happen here, it can happen anywhere.”

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Florida

DeSantis signs emergency bill that restores Fla. ADAP funding

Temporary funds to last through June 30

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Republican Florida Gov. Ron DeSantis (Screen capture/NBC News)

After the Florida Department of Health made huge cuts to the AIDS Drug Assistance Program in January, Republican Gov. Ron DeSantis has signed emergency legislation restoring HIV access to more than 12,000 Floridians.

Two months ago, as the Washington Blade reported, the Sunshine State cut the vast majority of those in ADAP by shifting the income levels required for eligibility — without following standard procedure when changing government policy outside of legislative or executive action.

The bill, signed by DeSantis on Tuesday, passed both chambers of the Florida Legislature unanimously and appropriates $30.9 million in emergency bridge funding through June 30, 2026. It restores Florida’s ADAP income eligibility to 400 percent of the Federal Poverty Level — the level it was prior to the January cuts. The legislation also requires the FDOH to submit detailed monthly financial reports to legislative leadership beginning April 1.

Under the old policy, eligibility would have been limited to those making no more than 130 percent of the federal poverty level, or $20,345 per year.

“For 10 weeks, 12,000 Floridians living with HIV did not know if they could fill their next prescription. Today, they can,” Esteban Wood, director of advocacy and legislative affairs at AIDS Healthcare Foundation, said in a statement.

The detailed reports now required to be sent to legislative leadership must include all federal revenues and expenditures, including manufacturer rebates; enrollment figures by county and insurance status; prescription utilization by drug class; and any projected funding shortfalls. This is the first time the Legislature has required this level of financial transparency from the program.

DeSantis signed the legislation one day after a Leon County Circuit Court judge denied AIDS Healthcare Foundation’s request for an injunction to block the significant changes the DeSantis administration is making to the program, which it claims faces a $120 million shortfall for calendar year 2026.

AIDS Healthcare Foundation, a national organization focused on protecting and expanding HIV healthcare access and prevention methods, filed a lawsuit over the change in eligibility, arguing the Florida Department of Health did not follow the laid out path for formally changing policy and was acting outside established procedures.

Typically, altering eligibility for a statewide program requires either legislative action or adherence to a multistep rule-making process, including: publishing a Notice of Proposed Rule; providing a statement of estimated regulatory costs; allowing public comment; holding hearings if requested; responding to challenges; and formally adopting the rule. According to AIDS Healthcare Foundation, none of these steps occurred.

The long-term structure of ADAP will be determined by the 2026–2027 fiscal year state budget, something that lawmakers have until June 30 to finish.

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Florida

Fla. House passes ‘Anti-Diversity’ bill

Measure could open door to overturning local LGBTQ rights protections

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(Photo by Catella via Bigstock)

The Florida House of Representatives on March 10 voted 77-37 to approve an “Anti-Diversity in Local Government” bill that opponents have called an extreme and sweeping measure that, among other things, could overturn local LGBTQ rights protections.

The House vote came six days after the Florida Senate voted 25-11 to pass the same bill, opening the way to send it to Republican Gov. Ron DeSantis, who supports the bill and has said he would sign it into law.

Equality Florida, a statewide LGBTQ advocacy organization that opposed the legislation, issued a statement saying the bill “would ban, repeal, and defund any local government programming, policy, or activity that provides ‘preferential treatment or special benefits’ or is designed or implemented with respect to race, color, sex, ethnicity, sexual orientation, or gender identity.”

The statement added that the bill would also threaten city and county officials with removal from office “for activities vaguely labeled as DEI,” with only limited exceptions.

“Written in broad and ambiguous language, the bill is the most extreme of its kind in the country, creating confusion and fear for local governments that recognize LGBTQ residents and other communities that contribute to strength and vibrancy of Florida cities,” the group said in a separate statement released on March 10.

The Miami Herald reports that state Sen. Clay Yarborough (R-Jacksonville), the lead sponsor of the bill in the Senate, said he added language to the bill that would allow the city of Orlando to continue to support the Pulse nightclub memorial, a site honoring 49 mostly LGBTQ people killed in the 2016 mass shooting at the LGBTQ nightclub.

But the Equality Florida statement expresses concern that the bill can be used to target LGBTQ programs and protections.

“Debate over the bill made expressly clear that LGBTQ people were a central target of the legislation,” the group’s statement says. “The public record, the bill sponsors’ own statements, and hours of legislative debate revealed the animus driving the effort to pressure local governments into pulling back from recognizing or resourcing programs targeting LGBTQ residents and other historically marginalized communities,” the statement says.

But the statement also notes that following outspoken requests by local officials, sponsors of the bill agreed to several amendments “ensuring local governments can continue to permit Pride festivals, even while navigating new restrictions on supporting or promoting them.”     

The statement adds, “Florida’s LGBTQ community knows all too well how to fight back against unjust laws. Just as we did, following the passage of Florida’s notorious ‘Don’t Say Gay or Trans’ law, we will fight every step of the way to limit the impact of this legislation, including in the courts.”

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