The city attorney says the Diversity and Heritage Advisory Board may not survive Florida's DEI ban in its current form. Commissioners discuss it Wednesday, Oct. 21.
Pembroke Pines’ Diversity and Heritage Advisory Board “may not be able to legally exist in its current form and with its current mission” once a new state law takes effect Jan. 1. That is the advice of City Attorney Samuel S. Goren’s office.
The City Commission will discuss the board, and possible action on it, at its 6:30 p.m. meeting Wednesday, Oct. 21, according to the meeting agenda.
The law is SB 1134, which bans Florida cities and counties from funding, promoting or taking official action on diversity, equity and inclusion. It became Chapter 2026-43, Laws of Florida, in April and takes effect Jan. 1, 2027.
What the city attorney found
The city attorney’s office analyzed the bill in Memorandum 2026-041, dated April 1, before the governor signed it. The memo is attached to Wednesday’s agenda item.
The board was created in 2019. Its mission, set in Sections 32.190 to 32.195 of the city code, is “to promote awareness and to celebrate the rich heritage and the vast diversity of the city.” It has 15 regular members and 10 alternates, appointed by the mayor and commissioners, and its role is advisory only.
The memo says one of the board’s three duties conflicts with the law: making recommendations “on diversity and equity strategies.” It also says:
- the board’s minutes show it has discussed heritage events such as parades, culinary tours and music events, with “no reference to the prohibited DEI activities”
- at a minimum, the city would need to drop “Diversity” from the board’s name and rewrite its duties
- existing city rules that conflict with the law become void automatically, with no vote needed
What the law would change at City Hall
The memo goes beyond the board. Here is how it reads the law for other city practices.
| City practice | City attorney’s reading |
|---|---|
| Proclamations for Irish Heritage Month, Greek Heritage Month and Haitian American Month | Likely prohibited, because they refer to ethnicity |
| June proclamation for LGBTQI+ Pride Month | Likely prohibited |
| Proclamations for Jewish American Heritage, Hindu Heritage and Muslim American Heritage months | Likely permitted, because the law does not cover religion |
| Black History Month and National Hispanic Heritage Month | Expressly allowed, as state or federal observances |
| MLK, Hispanic Heritage Festival and Juneteenth events | Allowed, as state or federal observances |
| Caribbean Heritage Festival | May be prohibited, because Caribbean Heritage Month is not a state or federal observance |
| Snowfest, the Easter egg hunt, the Chanukah lighting and prayer breakfasts | Not affected |
| Grant to Women in Distress, the domestic violence nonprofit | Unclear; the memo advises waiting for guidance |
| Employee handbook language on valuing diversity, and related training | Likely void |
| Domestic partnership benefits and the city’s nondiscrimination ordinance | Not affected |
| Existing signs that mention inclusion or diversity | Can stay up, but cannot be maintained or replaced |
Wednesday’s agenda opens with a proclamation recognizing October 2026 as Hindu Heritage Month and Nov. 8 as Diwali Day in Pembroke Pines. Under the memo’s reading, religious observances like that one are not affected.
The law also lets residents sue a city in circuit court over a violation. Officials who break it commit misfeasance or malfeasance in office, which allows the governor to suspend them, the memo says.
Contractors that sign or renew city contracts after Jan. 1 must certify that they do not use city money to require staff to study diversity, equity and inclusion materials. The memo says the city will add an “Anti-DEI Affidavit” to its bidding process.
What it means for you
- The board is advisory, so changing it does not change any city service.
- City heritage events tied to state or federal observances, such as the Hispanic Heritage Festival, can continue under the memo’s reading.
- You can speak on the item at Wednesday’s meeting at the Charles F. Dodge City Center, 601 City Center Way. It also streams on the city’s live stream page.
- The memo says its analysis may change as litigation and guidance from the Florida League of Cities are reviewed.
Also on Wednesday’s agenda: proposed e-bike and scooter rules that would require riders to carry photo ID.
Have your say