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City of Miami Beach v. Florida Retail Federation, Inc.

Florida Court of Appeals, Third District

December 13, 2017

The City of Miami Beach, Florida, Appellant,
v.
Florida Retail Federation, Inc., et al., Appellees.

         Not final until disposition of timely filed motion for rehearing.

         An Appeal from the Circuit Court for Miami-Dade County Lower Tribunal No. 16-31886, Peter R. Lopez, Judge.

          Raul J. Aguila, City Attorney, and Donald M. Papy, Chief Deputy City Attorney, and Robert F. Rosenwald, Jr., First Assistant City Attorney, for appellant.

          Fisher & Phillips LLP, and Charles S. Caulkins, James C. Polkinghorn and Candice Pinares-Baez (Fort Lauderdale); Pamela Jo Bondi, Attorney General, and Amit Agarwal, Solicitor General, and Jonathan L. Williams, Deputy Solicitor General (Tallahassee), for appellees.

          Ross & Girten, and Lauri Waldman Ross and Theresa L. Girten, for Talbot "Sandy" D'Alemberte and other Legal Scholars as amicus curiae.

          Kozyak Tropin & Throckmorton LLP, and Corali Lopez-Castro; Craig E. Leen, City Attorney for City of Coral Gables as amicus curiae.

          Entin & Della Fera, P.A., and Richard F. Della Fera and Alvin E. Entin (Fort Lauderdale), for Main Street Alliance, as amicus curiae.

          Hunton & Williams LLP, and Michael J. Mueller, for The Academy of Florida Management Attorneys, Inc., Associated Builders & Contractors, Inc. -Florida East Coast Chapter, Associated Industries of Florida, and National Federation of Independent Business, as amici curiae.

          Before EMAS, SCALES and LINDSEY, JJ.

          SCALES, J.

         The City of Miami Beach ("City"), appellant and defendant below, appeals a summary judgment in favor of Florida Retail Federation, Inc. and other plaintiffs[1]("Appellees") that invalidated City's minimum wage ordinance. We agree with the trial court that section 218.077(2) of the Florida Statutes is a preemption statute that expressly prohibits political subdivisions of the state from establishing a minimum wage; and that Article X, Section 24 of the Florida Constitution, approved by the voters in 2004, did not invalidate section 218.077's preemption provision.

         I. Facts

          The relevant facts are not in dispute. In 2003, the Florida Legislature enacted section 218.077 which established the federal minimum wage as the minimum wage for the state of Florida. Subsection (2) of this statute preempted local government ordinances that would seek to raise the minimum wage above the federal wage amount.[2]

         The following year, in 2004, Florida's voters passed a citizens' initiative to amend the Florida Constitution by adding Article X, Section 24 to it. This amendment established a higher, statewide minimum wage than the federal ...


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