2018-08-30-Press-Release-Florida-Supreme-Court-Accepts-Miami-Beach-Appeal-on-Citywide-Living-Wage-Ordinance-2
We are committed to providing excellent public service and safety to all who live, work and play in our vibrant, tropical,
historic community.
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, FL 33139, www.miamibeachfl.gov
OFFICE OF MARKETING & COMMUNICATIONS, Tel: 305.673.7575 PRESS RELEASE
Tonya Daniels, E-mail: tonyadaniels@miamibeachfl.gov
Melissa Berthier, E-mail: melissaberthier@miamibeachfl.gov
FOR IMMEDIATE RELEASE
August 30, 2018
Florida Supreme Court Accepts
Miami Beach’s Appeal on Citywide Living Wage Ordinance
— A Win for the Everyday Miami Beach Worker —
Miami Beach, FL – On Wednesday, the Florida Supreme Court granted the City’s
petition for review of a lower court ruling that struck down the City’s minimum wage
ordinance – now allowing the Supreme Court to hear the case and decide on the merits.
With the cost of living on the rise, the City of Miami Beach sought to protect low-wage
employees and boost the economy by passing the Citywide Minimum Wage Ordinance
in 2015 – requiring the minimum payment of employees to $10.31 per hour and indexing
up to $13.31 per hour by 2021.
Since enacting the groundbreaking legislation, Miami Beach has been in the middle of a
heated battle over the validity of the ordinance. In 2016, the Florida Retail Federation
(FRF) and Attorney General Pam Bondi sued the City in Circuit Court arguing that the
2003 Florida state preemption law bars local governments from establishing minimum
wages.
Though two lower courts sided with the attorney general, the Florida Supreme Court has
agreed to hear the case and make a decision on the merits.
“We look forward to our day in court to defend our right to support a living wage,”
expressed Mayor Dan Gelber.
The City’s stance on the ordinance rests upon the 2004 Minimum Wage Amendment to
the Florida Constitution, which expressly states that it does not prohibit local minimum
wage ordinances.
“We are thrilled to hear that the Florida Supreme Court has accepted the case,” noted
First Assistant City Attorney Rob Rosenwald, lead counsel for the City on the case. “In
2003, the legislature enacted its ban on local minimum wages; and in 2004, the people
responded with the Minimum Wage Amendment that says the opposite. A long line of
Supreme Court jurisprudence makes clear that when the power of the people clashes
with the power of the legislature, the people win every time.”
We are committed to providing excellent public service and safety to all who live, work and play in our vibrant, tropical,
historic community.
All legal work on the case is being performed in-house at no additional expense to the
City. To read the full Supreme Court of Florida order, please click here. The date for Oral
Argument has not yet been set.
###
To request this material in alternate format, sign language interpreter (five-day notice required), information on access for persons with disabilities, and/or any accommodation to review any document or
participate in any city-sponsored proceedings, call 305.604.2489 and select 1 for English or 2 for Spanish, then option 6; TTY users may call via 711 (Florida Relay Service).