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LTC 473-2018 City of Miami Beach vs. Florida Retail Federation Inc., et al. MIAMI BEACH OFFICE OF THE CITY ATTORNEY LTC # 473-2018 LETTER TO COMMISSION TO: Mayor Dan Gelber and Members of the City Commission FROM: Raul J. Aguila, City Attorney DATE: August 30, 2018 SUBJECT: City Of Miami Beach vs. Florida Retail Federation, Inc., et al. I'm pleased to give you the great news that the Florida Supreme Court has granted the City's petition for review of a lower court ruling that struck down the City's Minimum Wage Ordinance. This means that the full Supreme Court will hear the case and make a decision on the merits. First Assistant City Attorney Rob Rosenwald is lead counsel for the City and will argue the case before the Court. Oral Argument date has not yet been set. I attach a copy of the Supreme Court's Order here. Here is a review of the Ordinance and the litigation challenging it: In 2003, the Florida Legislature passed Fla. Stat. §218.077, prohibiting any political subdivision in the state from establishing a minimum wage other than the federal minimum wage. In 2004, voters in the State of Florida amended the Florida Constitution by an overwhelming margin (71.25%) to declare a statewide minimum wage floor higher than the minimum obligations provided for by federal law with authorization to the Florida Legislature and other public bodies to provide for a higher minimum wage ("the Amendment"). In 2015, the City enacted an Ordinance establishing a "City Wide Minimum Wage" that required the payment of $10.31 per hour to start, indexing up to $13.31 per hour in four years. In 2016, the Florida Retail Federation and Attorney General Pam Bondi sued the City in Circuit Court, arguing that the 2003 preemption statute banned local minimum wages, and that the 2004 Minimum Wage Amendment did not invalidate the earlier preemption statute. City of Miami Beach, 1700 Convention Center Drive,Miami Beach, Florida 33139,www.miamibeachfl.gov Letter to Commission- City Of Miami Beach vs. Florida Retail Federation, Inc., et al. August 30, 2018 Page 2 In 2017, Circuit Judge Peter Lopez granted summary judgment in favor of the FRF and the attorney general. In 2018, the intermediate appellate court affirmed that decision, and the City asked the Florida Supreme Court to review the case. Today, the Supreme Court granted our request. All legal work on the case is being performed in-house at no additional expense to the City. If you have any question about the ordinance or the litigation, please feel free to contact me or contact Rob Rosenwald at (305) 673-7470 x-6521 or robertrosenwald©miaibeachfl.gov. RJA/rr/mmm Attachment City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139,www.miamibeachfl.gov Filing # 77155211 E-Filed 08/29/2018 09:27:30 AM uprente Court of floriba WEDNESDAY, AUGUST 29, 2018 CASE NO.: SC17-2284 Lower Tribunal No(s).: 3D17-705; 132016CA031886000001 CITY OF MIAMI BEACH vs. FLORIDA RETAIL FEDERATION, INC., ET AL. Petitioner(s) Respondent(s) The Court accepts jurisdiction of this case. Petitioner's initial brief on the merits must be served on or before September 18, 2018; respondent's answer brief on the merits must be served twenty days after service of petitioner's initial brief on the merits; and petitioner's reply brief on the merits must be served twenty days after service of respondent's answer brief on the merits. The Clerk of the Third District Court of Appeal must file the record which must be properly indexed and paginated on or before October 29, 2018. The Clerk may provide the record in the format as currently maintained at the district court, either paper or electronic. As jurisdiction has been accepted in the above cause, any movant who wishes to follow through on a previously-filed Notice of Intent to Appear as CASE NO.: SC 17-2284 Page Two Amicus or Amici Curiae must now proceed in compliance with Florida Rule of Appellate Procedure 9.370. PARIENTE and LEWIS, QUINCE, and LABARGA, JJ., concur. CANADY, C.J., and POLSTON and LAWSON, JJ., dissent. Oral argument will be set by separate order. Counsel for the parties will be notified of the oral argument date approximately sixty days prior to oral argument. A True Copy Test: 6 c4v J`'` •s•v�'� as osJa : o John A. Tomasino �► tr Clerk, Supreme Court '''e o` o♦% kj Served: JAMES CLARK POLKINGHORN KRAIG A. CONN CANDICE C. PINARES-BAEZ ROBERT K. DWYER LAURI WALDMAN ROSS EDWARD M. WENGER THERESA L. GIRTEN CHARLES S. CAULKINS EDWARD G. GUEDES HON. MARY CAY BLANKS, ADAM SCHWARTZBAUM CLERK AMIT AGARWAL RAUL J. AGUILA ALVIN ERNEST ENTIN ROBERT F. ROSENWALD, JR.