Florida AG says minority preference, quota laws are discriminatory; won’t defend them

ORLANDO, Fla. - Attorney General James Uthmeier’s legal opinion on Florida’s anti-racism laws is drawing sharp criticism from Democratic lawmakers. 

The memo, issued Monday on Martin Luther King Jr. Day, claims several state programs aimed at promoting diversity and supporting minority communities are themselves discriminatory.

What we know:

Uthmeier, Florida’s attorney general, issued a memo saying laws that give preferences to minorities or require quotas are racially discriminatory and that he will refuse to defend or enforce them. 

Under state law, the attorney general provides legal opinions at the request of the governor, Cabinet members, or legislative leaders. The memo was requested by Uthmeier himself.

What we don't know:

It remains unclear how exactly Uthmeier’s opinion will be implemented and whether it will affect current programs immediately. 

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The broader legal and practical impacts on minority-owned businesses, government boards, and education initiatives are uncertain. Additionally, the motivation behind the timing of the memo has been questioned, though Uthmeier has not publicly explained it beyond citing constitutional concerns.

The backstory:

Uthmeier previously served as Gov. Ron DeSantis’ chief of staff and has a history of involvement in dismantling diversity, equity, and inclusion programs in business, government, and education. 

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The programs now targeted in his memo represent decades of bipartisan efforts to ensure Black- and Hispanic-owned businesses can compete for contracts and that minority communities have representation in state governance.

What they're saying:

Lawmakers condemned the memo as an attack on racial equity and decades of progress.

"These laws exist because discrimination exists," Sen. LaVon Bracy Davis, D-Ocoee, said.

"In effect, the opinion seeks to discourage acknowledging race at all when crafting solutions to inequality," Sen. Darryl Rouson, D-St. Petersburg, added.

"They risk dragging our state backward toward a pre-integration era, one in which power is concentrated, representation is diminished, and trust in our institutions is eroded," Sen. Mack Bernard, D-West Palm Beach, said.

House Minority Leader Fentrice Driskell, D-Tampa, criticized the timing of the memo: "It was a taunt," she said.

Rep. RaShon Young, D-Orlando, emphasized the importance of protections in law: "They exist because talent is everywhere, but opportunity is not. And Florida has a responsibility… to protect its people from harm."