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Florida AG Declares State Affirmative-Action Mandates Unconstitutional

The nonbinding opinion says his office will not defend or enforce race-based programs.

Overview

  • The 14-page opinion, released Monday, identifies dozens of statutes and programs in hiring, contracting and board representation that it says impose racial preferences.
  • An appendix flags examples including mandates to hire and retain minority doctors and a requirement that the Commerce Department promote minority-owned businesses.
  • Uthmeier argues the provisions violate the U.S. Equal Protection Clause and Florida’s Constitution and fail strict scrutiny for lacking a compelling interest or narrow tailoring.
  • He says Florida’s contracting rules unlawfully earmark opportunities for minority contractors without a strong evidentiary basis, and he condemns racial quotas for state boards and councils.
  • The opinion carries persuasive weight but does not bind agencies or courts, leaving any changes to litigation, administrative action or legislation.