affirmative action in florida
Recently Governor Jeb Bush has pushed for the passage of a plan he calls ONE FLORIDA, an executive order to abolish affirmative action in the state of Florida. Through the

history of affirmative action in our country and its ensuing abolition, politicians and society at

large are ever debating the merits of a racially based admissions, hiring, and contracting

program. With anti-affirmative programs already in effect in both California and Texas, Florida

is following suit with a college admissions program designed to diversify college student bodies

without becoming racially discriminatory. Also incorporated into ONE FLORIDA are new

standards in both hiring and contracting. To better understand these changes we must look at

the history of affirmative action and later, whether or not it is constitutional.

The term affirmative action predates the civil rights movement. According to John

Skrentny, assistant professor of sociology at the University of Pennsylvania, the basic idea

comes from "the centuries-old English legal concept of equity or the administration of justice

according to what was fair in a particular situation, as opposed to rigidly following legal rules,

which may have a harsh result" (Skrentny 6). The phrase affirmative action was first used in

the 1935 National Labor Relations Act, and it referred to employers discriminating against

union members. In 1961, with the enactment of President John F. Kennedy's Executive Order

10925, advising employers to take affirmative action to ensure nondiscrimination, the term

became synonymous with the civil rights movement (Bloch 70). President Lyndon B. Johnson's

Executive Order 11246 expanded on the civil rights issue by ordering contracting firms with the

federal government to "take affirmative action to ensure that applicants are employed, and that

employees are treated during employment without regards to race, creed, color or national

origin" (qtd. in Skrentny 7). Eventually affirmative action was included in private hiring

practices and college admissions programs throughout the country.
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This ideal called affirmative action has now come to mean reverse discrimination when

one race or gender is shown preferential treatment in admissions or hiring. In state colleges

such as Florida State University and the University of Florida, some minority students are

admitted solely on the basis of color, excluding qualified white applicants, to diversify the

make-up of the student body. With the enactment of FLORIDA ONE diversification will be

based on "race-neutral socioeconomic factors...[without regards] to race or ethnicity", as well as

"factors such as income level, geography, special talents and whether an applicant is a first

generation college student" (Equity in Education). Included in Governor Bush's plan is the

Talented 20 program. This program will guarantee admissions to any Florida state school to the

top 20% of all seniors graduating public high school in the state regardless of SAT or ACT

scores. Bush believes that "as a result of the Talented 20 program, approximately 1,200

additional minority high school students will be given the opportunity to attend a state

university" (ONE FLORIDA Myths). However, the Talented 20 does not guarantee admissions

into the university of choice. It also does not replace the current admissions process. The

Talented 20 is in addition to the regular admissions process. The Governor proposes "additional

funding to accommodate this additional students" (ONE FLORIDA Myths). ONE FLORIDA is

also designed to help all facets of education in Florida by asking the Legislature to increase

funding for need-based aid by $20 million.

We will seek $1.6 million to ensure all 10th grade children take the Preliminary

Scholastic Achievement Test, $2.4 million to expand Florida's On-Line High School

to target students in D and F schools, $10 million for the Governor's Mentoring

Initiative, and a $1 million increase in funding for the College Reach Out Program.


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We will also pay incentive bonuses for teaching Advanced Placement Courses on our

low performing schools.(Equity in Education)

In the improved version of ONE FLORIDA, the Governor's Executive Budget has

recommended "an increase of $36 million for [A+ Supplemental Instruction], as well as other

intervention strategies and activities to improve student achievement" (Improvements to ONE

FLORIDA). In addition the College Board partnership will provide free on-line access to SAT

preparation activities for all Florida high school students. By these increases in funding,

Governor Bush is ensuring that more minority students who are planning to attend college are

better prepared to meet the requirements for both admissions and the rigors of postsecondary

education (Equity in Education).

It is a proven fact that students who are not properly prepared for postsecondary

education and are admitted on the basis of race or gender do not fare as well as truly qualified

white students. Robert M. O'Neil, attorney and Vice President of Indiana University, published

a study of white law students vs. black ones. The study conducted by Professor George N.

Stevens in conjunction with the Association of American Law Schools Bar Examination Study

Project, carefully observed 1,042 minority students during their three years in law school and

when taking the bar examination (68). According to Stevens' findings, "154 minority students

were dismissed for academic reasons ~ a rate higher than that for white-Anglo students...167

students simply disappeared...and 100 of these students withdrew voluntarily during the three

years"(qtd. in O'Neal 69). Stevens goes on to report that out of 408 graduates who took the bar

examination "only 56% of blacks passed", and that "the success rate was about half that of

regular students" (qtd. in O'Neal 69). From this study we learn that admissions by race do not


4

ensure success for minority students. With Governor Bush's ONE FLORIDA plan, statistics

such as these would become obsolete as students are better prepared for and more successful in

the postsecondary and graduate systems.

With success in school comes the hope of success in the work place. With the

implementation of Title VII of the Civil Rights Act of 1964, discrimination in the work place

ended. Farrell Bloch, an economic and statistical consultant in Washington D.C., summarizes

Title VII (as amended) as "the prohibition of discrimination against individuals on grounds of

race, color, religion, sex, or national origin by private, state, and local government employers

with atleast fifteen employees" (49). The practice of reverse-discrimination by employers hiring

applicants based on race, gender and national origin will diminish as ONE FLORIDA opens the

door of opportunity equally to both black and white men and women. This is not to say that the

practice of set asides, preferences, and quotas will be completely eliminated. According to

Senator Steven Geller, an advocate of anti-affirmative action, "these hiring practices were

always on a voluntary basis in Florida. It has been up to employers to set quotas... Employers

have an interest in affirmative action because it is fundamentally fair to have a diverse and

representative workforce" (personal interview). In accordance with this theory, Ronald

Anderson and Ivan Fox, co-authors of Business Law & the Legal Environment, claim that

affirmative action plans (AAP's) have been drawn to aid employers in recruiting, hiring and

training minorities and woman, as well as enabling these employees to advance in their

company (757). Anderson and Fox go on to give the criteria for a permissible AAP:

1.The affirmative action should be in connection with a "plan."

2.There must be a showing that affirmative action is justified as a remedial measure.

The plan must be remedial to open opportunities in occupations closed to the
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protected classes of Title VII or designed to break down old patterns of racial

segregation and hierarchy.

3.The plan must be voluntary.

4.The plan must not unnecessarily trammel the interests of whites.

5.The plan must be temporary.(757)

The use of AAP's containing quotas, preferences, and quotas have not always met with success.

William Bopp and Donald Schultz, both former California police officers, expand on the

problems with the quota system in their collaboration, Principles of American Law

Enforcement and Criminal Justice:

Police departments are now embarking on extraordinary programs aimed at
recruiting minority-group citizens into law enforcement. Although some would set

strict quotas of black-white ratios on police agencies, quotas have proved in varying

ways, unworkable. Those departments that have experienced success in minority

recruitment have done so not by setting quotas, dropping standards, or instituting

heavy-handed recruitment devices. If an applicant is able to meet strict, but fair

standards, race, creed, and nationality considerations should be ignored. (377)

ONE FLORIDA replaces this out-of-date voluntary program of preferential treatment for one

that expands opportunities for minorities as well as whites and increases diversity without

discriminating.

Governor Bush has put his theory of diversification without the sacrifice of quality into

practice in his own administration. He is committed to hiring both minorities and woman in

high level positions, as shown by his Chief of Staff, General Counsel, Budget Director,Chief

Inspector General, the Director of Tourism, Trade and Economic Development (OTTED)and
6

the Secretaries of the Departments of Labor, Lottery and Elder Affairs (Equity in Hiring).

Also, hiring in the judiciary will not be affected by ONE FLORIDA as Governor Bush's

appointments of African-Americans and Hispanics already total 40% of all judicial

appointments and women another 40% (Equity in Hiring). Bush's plan is obviously not to take

jobs away from minorities, but to give even more opportunities to them.

Opportunities such as federal and state contracts for minorities will not be hindered by

ONE FLORIDA either. Statistics show that at present "less than 1% of all available state

contracting is done with certified racial and ethnic minority businesses under the current 'goals'

system" (Equity in Contracting). Bush believes that a percentage such as this is low because

few minority businesses in South Florida even bother to go through the state certification

process. The current process for state certification is almost identical to that of the local

process, making it a doubly tedious task to obtain both state and local certifications (ONE

FLORIDA Myths). ONE FLORIDA will streamline the process in order to give minority

businesses the opportunity to participate in state contracting. In addition to streamlining the

application process, the requirements for certification will become less rigid. The Governor has

asked Legislation to "consider using gross sales rather than net worth as the measure of size for

certification" (Improvements to the ONE FLORIDA Initiative). Currently the law sets

certification limits on minority businesses that exceed a net worth of $3 million. These

innovations will hopefully encourage more minorities to apply for certification.

Once certification is no longer an issue, the task of building relationships between

procuring agents and minority businesses must be addressed. One major problem that Bush sees

is that much of Florida's state business is done as a result of long-standing relationships

between State procurement agents and vendors, minority businesses often find it difficult to
7

break in(Equity in Contracting). Seeing as the bulk of the minority population and its

businesses are located in South Florida, ONE FLORIDA proposes that "by moving the Office

to the Department of Management Services, where the majority of procurement activities take

place, the Office will be more successful in helping procurement agents find and recruit

qualified minority businesses" (Equity in Contracting).

ONE FLORIDA will also improve on financial and technical assistance programs that

aid in the development of minority businesses, minority construction firms, and minority

franchises. Governor Bush will implement what he calls "a 'lending tree' of banks" which

would "form loan pools for contract loans, lines of credit, and capital infusion" (Improvements)

to help develop legitimate minority enterprises. Also being proposed is "a race-neutral program

of assistance to firms in economically disadvantaged areas" (Equity in Contracting). However,

businesses will still be required to prove that they are minority owned, and the penalties for

fraud will be severe and strictly enforced.

Through the many revisions of ONE FLORIDA, non-discrimination still remains a key

point in the program. For instance, the plan calls for "a system that will allow the state to

effectively investigate and punish discrimination by state procurement agents" (Improvements).

The plan goes on to state that "state employees determined to have participated in race or

gender discrimination will undergo disciplinary action, up to and including termination"

(Improvements). In the case of businesses, "[those] found to have filed a complaint of

discrimination in bad faith will be barred from competing for State business for a period not to

exceed five years" (Improvements 3). ONE FLORIDA , although determined to eliminate hiring

and contracting based on race and gender, is designed to still protect the rights of the individual

against discrimination.
8

Opponents of ONE FLORIDA, such as Attorney General Bob Butterworth argue that

any anti-affirmative action plan is still discriminatory and unconstitutional. In a Sun-Sentinel

news article, he is quoted as saying, "the ballot measures' language violates many requirements

constitutional amendments must meet before being put before voters" (qtd. in Kennedy). He

goes on to add, "you must be fair, you cannot deceive the public, and that's what [these

initiatives] do" (qtd. in Kennedy). Butterworth's argument is only valid when discussing the

precise language in ONE FLORIDA. The term "people" is used in its summary, whereas the

term "persons" is used in the text of the document. "Persons" under Florida law can be

considered to include corporations, while "people" may not (Kennedy). Butterworth considers

this "to be another ambiguity that should bar the measures from the ballot" (qtd. in Kennedy).

Butterworth and his supporters are trying to fight the ONE FLORIDA proposition not on the

Constitutional rights of freedom and equality, but on constitutional technicalities. Sun-Sentinel

writer, John Kennedy describes how "the Florida Constitution places strict requirements on

ballot initiatives...the most rigorous is that a measure may encompass only one subject"

(Kennedy). The fact that ONE FLORIDA touches on education employment, and contracting is

enough to give affirmative action supporters the grounds they need to bring their case before the

Florida Supreme Court. However, according to the above news article, 435,329 registered

voters' signatures are needed to place amendments to the Constitution before voters...only

43,500 were collected (Kennedy). Anti-affirmative action advocates have already countered

with the circulation of four petitions: the first initiative bans affirmative action in public

employment, public education, and public contracting, and the other three target individual

areas. Butterworth still contends that " each initiative still violates the single-subject rule" (qtd.

in Kennedy).
9

The question of ONE FLORIDA being constitutional or not should not be based on

precise language and technicalities. We live in a country based on the rights of the individual.

Our Bill of Rights is comprised of ideas to protect the average citizen from moral and societal

wrongs. Amendments XV (1870) and XIX (1920) gave the fundamental right to vote to

minorities and women respectively. These amendments furthered the thinking of our forefathers

who founded this country on the beliefs of freedom and equality for all. The creators of the

Constitution modeled it as a "living" document, whereas it could change as society did. In the

1960's and 1970's affirmative action was the right course for our country to take. Discrimination

and segregation ran rampant in those decades and a solution was needed to ensure civil rights

for every American regardless of race, gender, or national origin. Today though, this sort of

thinking is out-of-date as society's views of our diverse population have expanded. We live in a

society now that not only encompasses whites and African-Americans, but persons from every

corner of the world. The gay movement in the United States has provided us with yet another

segment of the population which needs protecting, but none of these groups should ever have

an advantage over another just because they belong to a particular group. America must always

remain diversified in order to remain a world power. Our diversification makes us the beautiful

Melting Pot that the rest of the world looks up to.

With the implementation of ONE FLORIDA in our own South Florida "melting pot",

we will see more diversification and opportunities than ever before. Due to extra funding for

education, standardized tests and practice exams will now be afforded to every high school

student planning to attend college, no matter if they attend an A school or an F school

(Improvements to the ONE FLORIDA Initiative). Programs initiated by Governor Bush will

give children the motivation to improve themselves in school, instead of just "getting by"
10

because preferential treatment is shown them. Our children will now be received solely on

merit not only in Florida state universities, but universities around the country as well. After

college many opportunities will be available to them in the work force because of ONE

FLORIDA. Quotas by that time will be completely abolished, giving every man and woman an

equal opportunity enter into the career they have been properly prepared for in school. Those

that choose to go into business for themselves will have the backing of the great State of

Florida. Contracting and procurement will be open to all facets of business, especially those that

are minority owned. With ONE FLORIDA also comes "more stringent penalties for

discrimination" (Equity in Contracting). The greatest myth of anti-affirmative action is that

we will return to kind of society we abandoned in the 60' and 70's. ONE FLORIDA will still

provide protection against the archaic thinking of those decades. ONE FLORIDA does not

advocate discrimination, only that race, gender, and national origin should be taken out of the

equation when it comes to education, hiring, and contracting. Governor Bush has come up

with the solution needed in this state without returning to the old-fashioned ideas of quotas,

preferences, and lowering job standards to make all South Floridians equal. There is such a

thing as diversification without discrimination and Bush has done the right thing by following

the anti-affirmative action practices already implemented in other states. Plans in both

California and Texas have already proven to be successful. If ONE FLORIDA makes it to the

ballot this November, Governor Bush, as well as all South Floridians, will be waiting with

bated breath as we see the outcome.

In his own words, Governor Bush states that "there are two paths to diversity in Florida:

diversity can be achieved by preferential treatment or diversity can be achieved by expanding

opportunity, outreach and recruitment. ONE FLORIDA seeks to expand opportunity" (Myths).
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Sources Cited

Anderson, Ronald A., Ivan Fox, and David P. Twomey. Business Law & the Legal

Environment. Ed. Robert Dewey. 16th ed. Cincinnati, OH: Southwestern Publishing.

1996. 757.

Bloch, Farrell. Antidiscrimination Law and Minority Employment. Chicago: Univ. of Chicago
Press. 1994. 48-49, 70.

Bopp, William J., and Donald O. Schultz. Principles of American Law Enforcement and

Criminal Justice. Springfield, IL: Thomas. 1972. 377.

Bush, Jeb. "Equity in Contracting Plan." One Florida. 1999. 10 June 2000

*http://www.flgov.com*.

---. "Equity in Education." One Florida. 1999. 10 June 2000 *http://www.flgov.com*.

---. "Equity in Hiring." One Florida. 1999. 10 June 2000 *http://www.flgov.com*.

---. "ONE FLORIDA Myths." 1999. 10 June 2000 *http://www.flgov.com*.

---. "Improvements to the ONE FLORIDA Initiative." One Florida. 2000. 10 June 2000

*http://www.flgov.com*.

Geller, Steven. Personal interview. 9 June 2000.

Kennedy, John. "Top Lawyer Says Ballot Items Illegal." Sun-Sentinel 24 Nov. 1999: 6B.

O'Neil, Robert M. Discriminating Against Discrimination. Ontario: Fitzhenry & Whiteside

Limited. 1985. 68-69.

Skrentny, John David. The Ironies of Affirmative Action. Chicago: Univ. of Chicago Press.

1996. 6-7.




ii

Outline

Thesis: Recently Governor Bush has pushed for the passage of a plan he calls ONE FLORIDA,

an executive order to abolish affirmative action in the state of Florida. Through the

history of affirmative action in our country and its ensuing abolition, politicians and

society at large are ever debating the merits of a racially based admissions, hiring, and

contracting program.

I.The term affirmative action predates the civil rights movement.

II.Governor Bush's Talented 20 program guarantees admission to Florida state universities

to the top 20% of graduating classes.

III.It is a proven fact that students who are not properly prepared for postsecondary

education do not fare well.

IV.With success in school, comes the hope of success in the work place.

V.Governor Bush has put his theory of diversification without the sacrifice of quality into

practice in his own administration.

VI. The problems of certifications and procurements in contracting must be addressed.

VII.Through the many revisions of ONE FLORIDA, non-discrimination still remains a key

point of the program.

VIII.Opponents of ONE FLORIDA that any anti-affirmative action plan is both

discriminatory and unconstitutional.

IX.Our Bill of Rights is comprised of ideas to protect the average citizen from moral and

societal wrongs.

X.With the implementation of ONE FLORIDA, we will see more diversification and

opportunities than ever before.
 
 
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    Some topics in this essay  
 
    Governor Bush | Equity Contracting | Amendments XV | Title VII | Justice Police | Johnson's Executive | According Stevens' | South Florida | Kennedy Anti-affirmative | University Florida | affirmative action | minority businesses | governor bush | race gender | june 2000 | anti-affirmative action | civil rights | june 2000 *http//wwwflgovcom* | minority students | hiring contracting | talented 20 | 10 june 2000 | 1999 10 june | 2000 *http//wwwflgovcom* --- | talented 20 program |  
   
 
 
 
 
   
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