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What Florida employers need to know if DeSantis approves new ‘anti-woke’ law

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TALLAHASSEE — Gov. Ron DeSantis is anticipated to quickly signal laws that may open a brand new entrance in how employers will want to consider office actions and set new state pointers for what would represent “illegal employment practices.”

Home Invoice 7, titled “Particular person Freedom,” was one of the contentious items of laws thought-about by lawmakers in the course of the legislative session that resulted in mid-March. Whereas a lot of the eye targeted on the restrictions that may be utilized to the classroom, the invoice may additionally alter Florida companies’ labor practices — particularly limiting how employers current packages geared toward selling variety, fairness and inclusion at work.

Ellen M. Leibovitch, an employment lawyer based mostly in Boca Raton, says employers who provide coaching to staff on discrimination and harassment must be ready to tailor the curriculum and presentation of their coaching packages.

“I feel that employers are possibly not going to be doing these trainings anymore, or they’re going to do these trainings so impartial as to actually not have the meant affect that they’re speculated to have,” Leibovitch mentioned.

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The push comes as DeSantis and Florida Republicans take goal at “company wokeness” and publicly conflict with The Walt Disney Co. over the corporate’s opposition to a invoice banning the instructing of gender-related points to youngsters youthful than third grade — and probably larger grades.

How the regulation modifications

In apply, the invoice would amend the Florida Civil Rights Act and make it illegal for employers to topic staff to “coaching, instruction, or another required exercise” that promotes or compels them to imagine the next ideas:

  1. That virtues similar to advantage, excellence, exhausting work, equity, neutrality, objectivity and racial colorblindness are racist or sexist, or had been created by members of a selected race, shade, intercourse or nationwide origin to oppress members of one other race, shade, intercourse or nationwide origin.
  2. That members of 1 race, shade intercourse or nationwide origin are morally superior to members of one other race, shade, intercourse or nationwide origin.
  3. That a person’s ethical character or standing as both privileged or oppressed is essentially decided by his or her race, shade, intercourse or nationwide origin.
  4. That a person, by advantage of their race, shade, intercourse or nationwide origin, is inherently racist, sexist or oppressive, whether or not consciously or unconsciously.
  5. That members of 1 race, shade, intercourse or nationwide origin can not and shouldn’t try to deal with others with out respect to race, shade, intercourse or nationwide origin.
  6. {That a} member of 1 race, shade, intercourse or nationwide origin can not and shouldn’t try to deal with others with out respect to race, shade, intercourse or nationwide origin.
  7. That a person, by advantage of their race, shade, intercourse or nationwide origin, bears accountability for and should really feel guilt, anguish, or different types of psychological misery due to actions dedicated prior to now by different members of the identical race, shade, intercourse, or nationwide origin.
  8. That a person, by advantage of his or her race, shade, intercourse or nationwide origin, must be discriminated in opposition to or obtain adversarial therapy to realize variety, fairness or inclusion.

Potential fallout for employers

If an worker believes their employer has violated any of these rules when delivering a coaching program, they’ll sue and pursue a declare for reduction, together with damages and attorneys’ charges.

The potential of lawsuits as an enforcement mechanism is more likely to have a chilling impact on how employers convey sure variety and inclusion objectives in coaching classes, based on some labor attorneys and consultants within the human sources subject.

Supporters say the invoice is supposed to guard staff from being advised they need to really feel dangerous about historic wrongs dedicated by folks of their identical race, gender or nationwide origin.

The invoice sponsor, Rep. Bryan Avila, R-Miami Springs, acknowledged a part of the intent is to remove office packages that promote the idea of “white privilege” and broadly singled out coaching packages promoted by The Walt Disney Co., Coca-Cola, American Categorical and Google, that he mentioned could be in violation of the invoice.

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“Whether or not it’s coaching on easy methods to be much less oppressive, or much less white, all these issues shouldn’t be occurring,” Avila mentioned in a committee listening to in February. “All of these issues are counterproductive to the place we need to be as a nation, state, as a group.”

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An answer for ‘an issue that doesn’t exist’

Penny Morey, a human sources govt and guide with greater than 30 years of expertise within the subject, mentioned she has by no means encountered a coaching session curriculum that espouses the ideas the invoice seeks to ban.

The issue, she argued, is that the invoice may set off lawsuits based mostly on how somebody perceives the supply of a coaching program.

“This regulation is making an attempt to repair an issue that doesn’t exist,” she mentioned. “However please know that after I say bogus lawsuits exist, they do. Folks can discover an legal professional that works on contingency at times, who will take one thing like this as a result of it might make them some cash on a contingency foundation.”

Morey mentioned she believes most corporations and employers will possible “wait and see” how the invoice is rolled out and what the response is amongst staff.

“I feel the hazard is that plenty of employers — and I don’t notably blame them — will say, ‘Let’s step again away and take that out for now and let’s sort out it later once we know higher about how that is going to be enforced,’ ” she mentioned.

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Unintended penalties?

One other concern is that a part of the explanation why employers have coaching packages within the first place is to insulate themselves from legal responsibility, Leibovitch mentioned. Coaching classes can provide employers a layer of safety to say they tried to stop wrongdoing within the office if an worker acts inappropriately. The corporate can nonetheless be liable, however these packages can present they tried to inform employers to not act in a sure method.

“For those who don’t do the coaching then you definately actually haven’t any protection that you just had been making an attempt to stop,” mentioned Sen. Tina Polsky, D-Boca Raton, a labor and employment legal professional.

If an employer goes via with a coaching program that would put them vulnerable to a lawsuit, they will even must consider their insurance coverage insurance policies.

“The insurance coverage that employers purchase could not cowl this but as a result of it’s so new. So if they’re sued, it might be that their insurance coverage firm who covers them for employment legal responsibility could say, ‘Look this isn’t in your coverage, so that you’re by yourself,’ ” Morey mentioned.

• • •

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Florida

FIU earns highest rank for FL performance award, FGCU lowest • Florida Phoenix

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FIU earns highest rank for FL performance award, FGCU lowest • Florida Phoenix


Florida International University ranked highest among the 12 Florida public universities in qualifying for performance-based funding awards. 

Criteria to determine the awards include graduate employment or further education, median wage of graduates, tuition and fees, graduates with degrees in areas of strategic emphasis, and other indicia of academic progress. 

Eleven of the state’s 12 public universities scored above 70 out of 100, the threshold to receive all of their share of state-allocated funding. The pot contains more than $300 million, with shares ranging from $71 million for the University of Florida to $5.1 million at New College of Florida. 

One university will miss out on at least half of its performance-based funding. Florida Gulf Coast University would have been entitled to $15.3 million but posted the lowest score at 63. Because that’s under a 70 score, that entitles it to at least $3.8 million since it met the first requirement of submitting a student success plan and, if the plan is implemented plan by March, it would qualify to double that amount to $7.6 million.

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However, the balance of the original entitlement will be shared among FIU, the University of Florida, Florida State University, and University of South Florida, which scored the highest (FSU and USF tied for third place).

“I’m very proud to say we’ve already implemented the student success improvement plan and I assure you that we are not going to have the same conversation next year, so we are already seeing the improvements in many of our metrics,” FGCU President Aysegul Timur said during the Thursday meeting of the State University System Board of Governors in Orlando.

FIU has scored the highest in three of the past four years, notching a 96 this year. 

State government instituted the performance-based funding program in 2014. 

Board members are talking about fiddling with the formula, partly because high-scoring universities can get penalized if their scores decline even modestly. For example, The University of Central Florida scored 85 points this year, two points less than last year; if it drops by even one point next year, it would be required to submit a student success plan, but still be eligible for 100% of funding as long its score remains above 70.

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Other schools that scored lower than the year before are Florida A&M University, Florida Polytechnic University, the University of North Florida, and USF.

Additionally, FSU Board of Trustees chair Peter Collins said that increased investments to attract students who receive Pell grants — a factor in the scoring — could prove a poor use of money, because it could spark in-state competition for that pool of students. 

Alan Levine, vice chair of the Board of Governors, acknowledged Collins’s point, adding that, given Florida universities’ national rankings, it makes sense for the board to start measuring Florida universities against their peers in other states, such as the University of Michigan and Duke.

“Evolving these metrics to be more specific to the institution and that institution’s goals makes a whole lot of sense, given where we are,” Levine said.

Overall, Levine praised the performance-based funding program, saying it produced improvements at FAMU. 

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FAMU ranking up for discussion

During the board’s Friday meeting, a representative of the FAMU Alumni Association, William Youmans, said the university’s score of 72 is respectable but argued the university deserves credit “in context of the challenges that our students overcome and the university’s accomplishments.”

“FAMU is persevering through it all,” Youmans said, given that many of its incoming students aren’t as prepared for college because of social and other barriers that the university needs to help them overcome.

FAMU is the only historically Black university in the State University System. More than 80% of its students are Black and more than 90% are students of color.

“Some metrics are interdependent and should be calculated in context to each other, such as graduation rate and university-access rate to the actual outcomes, to include the social mobility index,” Youmans said.

The social-mobility index calculates a school’s role in improving the economic mobility of its students.

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Despite historical factors affecting the communities broadly served by FAMU, its students must compete with the other 11 universities in categories such as starting salary of graduates, graduation rate, and incoming high school GPA, or else the university risks forfeiting performance funds to the other universities.

In the first year of performance-based funding, 2012-13, FAMU tied for seventh out of the 11 universities. This year, it ranked tenth of 12.

FAMU was ranked the 2024 best among Historically Black Colleges and Universities by Niche and the 91st best public school in the U.S. by U.S. News & World Report.



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Could tropical storm or hurricane affect your Florida Fourth of July plans?

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Could tropical storm or hurricane affect your Florida Fourth of July plans?



AccuWeather ‘not sounding alarm bells’ but don’t let your guard down

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The second named storm of the 2024 Atlantic hurricane season is expected to form today or Saturday, less than a week before the Fourth of July holiday.

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Predictions call for it to quickly become the first hurricane of the season as it moves into the Caribbean.

Although it’s currently Invest 95L, once named, it’ll be Beryl.

➤ Spaghetti models for Invest 95L

➤ Track all active storms

While the future Beryl is expected to approach the Lesser Antilles by the end of the weekend, predictions on where it will go after that depend on a variety of factors.

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Could Florida feel an impact from what will become Beryl, and could any impacts affect your Fourth of July plans? Here’s what you should know.

Current forecast for Invest 95L. When will it become Tropical Storm Beryl?

Invest 95L: A low pressure system located about 1500 miles east-southeast of the Windward Islands is gradually becoming better defined.

Showers and thunderstorms are also showing signs of organization, and a tropical depression or tropical storm will likely form later today or on Saturday.

Tropics watch June 28: Tropical Storm Beryl expected to form soon

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This system is expected to move westward at 15 to 20 mph and approach the Lesser Antilles by the end of the weekend. Residents in the area should monitor the progress of this system.

  • Formation chance through 48 hours: high, 90 percent.
  • Formation chance through 7 days: high, 90 percent.

Spaghetti models for Invest 95L. Will it approach Florida?

Can’t see the map? Open in a new browser.

Special note about spaghetti models: Spaghetti model illustrations include an array of forecast tools and models, and not all are created equal. The hurricane center uses only the top four or five highest performing models to help make its forecasts.

Invest 95L becoming better organized. Could become hurricane early next week

“As we speak, the storm is betting a lot better organized and may form later today or by tomorrow morning” into Tropical Storm Beryl, said Alex DaSilva, AccuWeather lead hurricane forecaster

“The official forecast is for a strong tropical storm to approach the Less Antilles Monday. It may become a hurricane by then, and we’re getting a little more concerned about that possibility” DaSilva said.

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“There’s plenty of warm water. Wind shear is decreasing as the storm moves west. It’s dealing with some dry air and wind shear right now but (conditions) are turning more favorable for development over the weekend.”

Timeline: Where could Beryl go and when will it become a hurricane?

Look for the storm to approach the Lesser Antilles Monday and move into the Central Caribbean Tuesday or Wednesday.

Where it goes after that, along with development, depend on a couple of factors: land interaction and a system of high pressure over the southeastern United States, DaSilva said.

If it moves over Hispaniola or eastern Cuba, the land and mountains could disrupt its circulation, leading to less organization and weakening from a wind speed perspective. That doesn’t mean those areas wouldn’t feel an impact from the storm, which could dump a huge amount of rain on the islands, DaSilva said.

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By the Fourth of July, the storm will likely be a hurricane in the western Caribbean, south of Cuba.

“From that point, we’re going to have to watch an area of high pressure across the southeastern U.S. If there is weakness in that high-pressure system, (Beryl) could be drawn up north into either the Gulf of Mexico or the Florida Peninsula,” DaSilva said.

Timing would be next weekend if it does get drawn north, so really watch this thing July 5-7, DaSilva said.

If the system of high pressure stays strong, the storm will be forced west and go into Yucatan and Mexico. with no real impacts to the U.S.

Will Florida feel any impact from Beryl on Fourth of July?

The system that’s expected to become Beryl is compact so nothing should be felt across Florida on the Fourth of July that’s associated with the storm.

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“You may get just the normal run-of-the-mill summer thunderstorms, but nothing associated with Beryl,” DaSilva said.

July 4th Florida forecast: Scorching heat and severe storms ahead. Where to watch in Florida. See radar

Worst-case scenario: Florida could feel impact from Beryl by next weekend

Long-range forecasts can change a lot and depend on several evolving factors, but the worst-case scenario could see some impact from Beryl across Florida next weekend.

How much or even if anything is felt depend on the state of the storm later next week and interaction with the islands, which could pull it apart. But if there’s less interaction with land, the system could become more organized, DaSilva said.

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A worst case scenario all depend on the state of the storm next week and that interaction with Cuba and Hispaniola. One possibility is rain associated with Beryl affecting Florida next weekend.

The most likely scenario is that Beryl will head west into Mexico and miss Florida entirely, DaSilva said.

“We want people to be alert and aware. We don’t want people to be caught off guard. We’re not sounding alarm bells, and the holiday looks OK. Beyond that, just watch and see,” DaSilva said.

Hurricane Beryl likely to ‘plow’ through Windward Islands next week

Hurricane Tracker App tweeted Friday morning:

“It’s becoming likely that we will have a Hurricane named #Beryl plowing through the Windward Islands Mon am through Tues am.

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“Data shows it reaching Cat 1 status with winds 74-95 mph. All interests in the Windward Islands should be preparing for a hurricane. Upgrade likely today (Friday, June 28).”



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Ron DeSantis stops Florida beaches closing amid “fecal pollution” warnings

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Ron DeSantis stops Florida beaches closing amid “fecal pollution” warnings


Florida Governor Ron DeSantis has vetoed a bill that would have given the state the power to close beaches if tests show water does not reach the state’s health standards.

DeSantis made the call this week, despite Floridians being warned against swimming due to “fecal pollution” just two months ago.

If the bill had gone through, local authorities of beach waters and public bathing places would have had to notify the Department of Health whenever testing water was below recommended health standards.

The Department of Health then “shall require the closure of beach waters and public bathing places that fail to meet the department’s standards if it deems closure is necessary to protect the health, safety, and welfare of the public,” the bill read.

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But Desantis wrote in his veto letter that the bill “suffers from a fatal infirmity” as it “grants authority to the Florida Department of Health (DOH) to close beaches, waterways, and swimming pools.”

Florida Gov. Ron DeSantis speaks during a campaign event last June. DeSantis vetoed a bill to do with water health but said it will continue to be a priority for him.

AP

He said: “Health Departments like DOH can serve a valuable function, but they should not be vested with the power to supersede local jurisdictions regarding the operation of beaches.

“I have made water quality and protecting Florida’s natural resources a priority and my Administration will continue to do so, but this grant of power to DOH over Florida beaches is ill-advised.”

On June 13, the Florida Department of Health in Palm Beach County Healthy Beaches program issued health advisories for Dubois Park, Sandoway-Delray Beach and South Inlet Park.

Sampling showed bacterial levels to be more than 71 colonies per milliliter of marine water, putting the beaches’ results in the “poor” category.

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Anything that is seen as “poor” should be “considered a potential health risk to the bathing public,” according to the Environmental Protection Agency (EPA).

At the end of April, the same department told residents not to swim at several beaches, including Midtown Beach and Dubois Park, in Jupiter.

Water in these two areas had tested positive for high levels of enterococcus bacteria, which the department said “is an indication of fecal pollution.”

It added that this may “come from stormwater runoff, pets and wildlife, and human sewage” and could put swimmers at an “increased risk of illness,”

In both spots, water was recorded as “poor”, meaning it measured 71 or greater enterococci per 100 milliliters of marine water.

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Infections from enterococci “are typically not considered harmful to humans, but their presence in the environment may indicate that other disease-causing agents such as viruses, bacteria, and protozoa [a microorganic parasite] may also be present,” according to the EPA.

Newsweek contacted DeSantis’ press office, via its email address, for comment on this context and was directed to his veto letter.

Uncommon Knowledge

Newsweek is committed to challenging conventional wisdom and finding connections in the search for common ground.

Newsweek is committed to challenging conventional wisdom and finding connections in the search for common ground.

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