LTC 608-2017 City Minimum Wage AppealMIAMIBEACH
OFFICE OF THE CITY ATTORNEY
LTC No. 608-2017 LETTER TO COMMISSION
TO: Mayor Dan Gelber and Members of the City Commission
FROM: Raul J. Aguila, City Attorne
DATE: December 18, 2017 l�
SUBJECT: City Minimum Wage Appeal
The City Commission enacted Ord. No. 2016-4020 entitled, "CITY MINIMUM LIVING
WAGE." The Minimum Wage Ordinance required businesses holding a Business Tax
Receipt issued by the City to pay the City's minimum wage (starting at $10.31 in 2018
and rising a dollar per year to $13.31 in 2021) to workers subject to the federal minimum
wage. Tipped employees received a lesser increase. The City anticipated a legal
challenge to the Ordinance subsequent to its enactment on June 8, 2016.
This Letter to Commission is to advise you of the recent developments in the litigation
challenging the Minimum Wage Ordinance, Florida Retail Federation, et al v. City of
Miami Beach. The lawsuit was brought by the Florida Retail Federation and other trade
groups, arguing that a 2003 Florida state statute preempting local minimum wage laws
invalidated the City's Ordinance. The City defended the Ordinance on the ground that
the 2004 Minimum Wage Amendment to the Florida Constitution expressly stated that it
did not prohibit local minimum wage ordinances. The State of Florida intervened in the
lawsuit for the purpose of defending the continuing validity of the 2003 Preemption
Statute.
On March 30, 2017, an Eleventh Judicial Circuit Court Judge entered summary
judgment against the City. The Third District Court of Appeal (DCA) affirmed the trial
court decision on December 13, 2017.
The City Attorney's Office is preparing to seek appellate review of the Third DCA
decision before the Florida Supreme Court. The City Attorney's Office will perform all
legal work associated with appealing this matter to the Florida Supreme Court, and
there will not be any additional costs to the City for outside counsel. Furthermore, the
legal issues are similar to those raised in the lower court(s), and therefore, will not
require any supplemental legal work to be performed surrounding the appeal.
We intend to file the Brief invoking the Supreme Court's jurisdiction this week. If any of
you have any questions or objections to pursuing this appeal before the Florida
Supreme Court, please contact me to discuss the case.
RJA/rr:mmm
F \ATTOWGUR\CITY ATTORNEY\LTC\2017\LTC -Minium Wage Appeal 12-18-17-RR.docx