final until disposition of timely filed motion for rehearing.
Appeal from the Circuit Court for Miami-Dade County Lower
Tribunal No. 16-31886, Peter R. Lopez, Judge.
J. Aguila, City Attorney, and Donald M. Papy, Chief Deputy
City Attorney, and Robert F. Rosenwald, Jr., First Assistant
City Attorney, for appellant.
& 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.
& Girten, and Lauri Waldman Ross and Theresa L. Girten,
for Talbot "Sandy" D'Alemberte and other Legal
Scholars as amicus curiae.
Tropin & Throckmorton LLP, and Corali Lopez-Castro; Craig
E. Leen, City Attorney for City of Coral Gables as amicus
& Della Fera, P.A., and Richard F. Della Fera and Alvin
E. Entin (Fort Lauderdale), for Main Street Alliance, as
& 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.
EMAS, SCALES and LINDSEY, JJ.
City of Miami Beach ("City"), appellant and
defendant below, appeals a summary judgment in favor of
Florida Retail Federation, Inc. and other
plaintiffs("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.
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.
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