Ditchmen • NUCA of Florida Ditchmen • December 2017 | Page 14

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On December 13, the Third
District Court of Appeals
struck down Miami Beach’s
minimum wage ordinance.
The Florida Chamber of
Commerce, along with the
Florida Retail Federation
and the Florida Restaurant
and Lodging Association,
challenged the Miami
Beach ordinance soon after
it was adopted in 2016.
The Miami Beach minimum
wage increase attempted
to usurp existing Florida
wage law. Back in 2003,
the Florida Legislature
preempted minimum
wage, requiring a single
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DITCHMEN • DECEMBER 2017
statewide standard. In
2004, voters approved a
constitutional amendment
that increased Florida’s
minimum wage above the
federal level, with it being
tied to the Consumer Price
Index for future increases.
Miami Beach had
attempted to mandate an
increased minimum wage
of $13.31 per hour by 2021
for all businesses within the
city’s boundaries, citing the
constitutional amendment
as giving them the
authority.
However, the Third District
Court of Appeals ruled that
the 2004 constitutional
amendment did not
conflict with the ability
of the state to preempt
minimum wage, declaring
the Miami Beach ordinance
invalid.
This is a victory for Florida’s
business community,
although ti is expected that
Miami Beach will appeal
the ruling to the Florida
Supreme Court.