For Immediate Release: February 5, 2019
The Court decided not to hear an appeal from the City of Miami Beach over its proposed increase in the minimum wage, deferring to an already existing state legislative preemption; FRF, the Florida Chamber of Commerce and the Florida Restaurant & Lodging Association celebrate the ruling on behalf of Florida’s business community
TALLAHASSEE, FL – The Florida Supreme Court today decided not to hear an appeal by the City of Miami Beach regarding a wage ordinance adopted by the city, signaling a significant victory for three of Florida’s leading business organizations. The Florida Retail Federation, the Florida Chamber of Commerce and the Florida Restaurant & Lodging Association originally filed suit in circuit court against an ordinance proposing to raise the minimum wage in spite of a state preemption, because it was not valid under section 218.077 F.S. which preempts local minimum wages. The City then appealed that ruling to the Florida Supreme Court. The suit was filed by Charles Caulkins of the South Florida law firm Fisher Philips LLC.
“We want to thank the attorney general and the solicitor general for intervening on our behalf in this case, as well as our coalition partners for their collaboration and commitment to ensuring Florida business owners remain free to decide how to best successfully run their own businesses,” said R. Scott Shalley, FRF President & CEO.
“The Florida Chamber of Commerce is pleased that Florida’s highest court agreed that Miami Beach’s ordinance was unconstitutional. Today’s Florida Supreme Court action serves as a proof point to other local governments that a patchwork of mandated wage regulations are against the law," said Mark Wilson, President and CEO, Florida Chamber of Commerce.
“We are pleased that the Supreme Court recognized the constitutionality of the statute that establishes one consistent state-wide minimum wage. This ruling provides economic stability across the state and protects the rights of business owners to pay wages that their local markets demand," said Carol B. Dover, CEO / President of the Florida Restaurant & Lodging Association.
In December 2016, the City of Miami Beach passed a city ordinance to raise the minimum wage to $10.31/hour starting January 1, 2018, and increase it $1.00/year until it reaches $13.31 in 2021. FRF and its coalition partners argued that the ordinance disregarded a state statute which established the State of Florida will determine one consistent minimum wage for the entire state. This statute allows for local government entities to adopt ordinances to exceed this wage for those working or contracting with the local government. The case was originally heard by the 11th Circuit Court in Miami-Dade County which ruled on March 28, 2017, that the ordinance was unconstitutional.
ABOUT THE FLORIDA RETAIL FEDERATION
The Florida Retail Federation is the statewide trade association representing retailers -- the businesses that sell directly to consumers. Florida retailers provide one out of every five jobs in the state, pay more than $49 billion in wages annually, and collect and remit more than $20 billion in sales taxes for Florida’s government each year.
ABOUT THE FLORIDA CHAMBER OF COMMERCE
The Florida Chamber of Commerce is the voice of business and the state’s largest federation of employers, chambers of commerce and associations aggressively representing small and large businesses from every industry and every region. The Florida Chamber works within all branches of government to affect those changes set forth in the annual Florida Business Agenda, and which are seen as critical to secure Florida’s future. The Florida Chamber works closely with its Florida Political Operations and the Florida Chamber Foundation. Visit www.FloridaChamber.com for more information.
ABOUT THE FLORIDA RESTAURANT & LODGING ASSOCIATION
FRLA is Florida’s premier non-profit hospitality industry trade association. Our mission is to ‘Protect, Educate and Promote’ Florida’s $108.8 billion hospitality industry which represents 1.4 million employees - making it the state’s number one industry. We offer regulatory compliance and food safety training needs (RCS and SafeStaff®); industry developed career-building high school programs (FRLAEF); sponsor the only event in Florida exclusively serving the restaurant and foodservice industry (FR&L Show, September 10-12, 2017 in Orlando); and we safeguard the needs of the hospitality industry by providing legislative advocacy. We represent and serve more than 10,000 independent and household name members, suppliers, and theme parks. For more information, go to www.FRLA.org and find us on Twitter @FRLAnews, Facebook and YouTube.