It’s settled: The state, not cities, sets the minimum wage everywhere in Florida

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Florida Supreme Court

The Florida Supreme Court has ended an effort by Miami Beach to raise its citywide minimum wage above the state level. 

In a 5-2 decision released Feb. 6, the court declined to hear an appeal from a lower-court ruling against the city. The high court had agreed last year to grant a review but reversed itself after three justices retired and replacements were appointed by Gov. Ron DeSantis. 

“We initially accepted discretionary review of the decision in City of Miami Beach v. Fla. Retail Federation Inc.,” the court said in a brief statement. “Upon further consideration, we exercise our discretion and discharge jurisdiction. Accordingly, we hereby dismiss this review proceeding.” 

In 2016, Miami Beach adopted a minimum-wage ordinance requiring private employers to raise wages to at least $13.31 an hour by 2021. The state minimum wage is $8.46 an hour. The District Court of Appeal in 2017 ruled that a 2003 state law preempted cities’ authority to set a higher minimum wage. 

In declining to hear an appeal, the Florida Supreme Court lets stand the 2017 judgment. 

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