Filing # 65111778 E-Filed 12/07/2017 03:13:28 PM

IN THE CIRCUIT COURT OF THE THIRTEENTH JUDICIAL CIRCUIT

IN AND FOR HILLSBOROUGH COUNTY, FLORIDA

RICHARD CORCORAN, in his official

Capacity as Speaker of the Florida House
Of Representatives,
CASE NO.: 17-CA-9785
Plaintiff, DIVISION: J
v.

CITY OF TAMPA, a municipality of the State

of Florida,

Defendant.
__________________________________________/

ANSWER AND AFFIRMATIVE DEFENSES TO COMPLAINT FOR

WRIT OF QUO WARRANTO

Defendant, City of Tampa, by and through its undersigned counsel and pursuant to

Florida Rule of Civil Procedure 1.630(e), answers and asserts affirmative defenses to the

Complaint for Writ of Quo Warranto filed by Plaintiff, Richard Corcoran, in his official capacity

as Speaker of the Florida House of Representatives (the Speaker), and states:

Parties

1. Admitted that the Speaker is a Florida tax payer, is the Speaker of the Florida

House of Representatives, and is the presiding officer of that institution under Article III, section

2, of the Florida Constitution. The City denies the Speaker is authorized to bring this action.

2. Admitted that the City of Tampa is a municipality established by charter, and that

its municipal powers include those set forth under the Municipal Home Rule Powers Act,

Chapter 166, Florida Statutes, and Article VIII, 2(b), of the Florida Constitution.

Jurisdiction and Venue

3. Admitted that this Court has jurisdiction to issue writs of quo warranto pursuant

to Article V, 5, Florida Constitution, and Rule 1.630, Florida Rules of Civil Procedure, but
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denies that jurisdiction lies to address the claims asserted by the Speaker.

4. Admitted for purposes of venue only; otherwise denied.

5. Admitted that the authorities cited by the Speaker speak for themselves; otherwise

denied.

6. Admitted that the authorities cited by the Speaker speak for themselves; otherwise

denied.

7. Denied.

8. Admitted that the authorities cited by the Speaker speak for themselves; otherwise

denied.

Prima Facie Case for Issuance of Preliminary Writ

9. The City re-alleges and incorporates by reference its answers to paragraphs 1-8 as

if fully set forth herein.

10. Admitted that Article VII of the Florida Constitution speaks for itself; otherwise

denied.

11. Admitted that Article VII of the Florida Constitution speaks for itself; otherwise

denied.

12. Admitted that Chapter 212, Florida Statutes, speaks for itself; otherwise denied.

13. Admitted that section 125.0104, Florida Statutes, speaks for itself; otherwise

denied.

14. Admitted that Hillsborough County imposes a 5% tourist development tax on

hotel room rentals; otherwise without knowledge and therefore denied.

15. Without knowledge and therefore denied.

16. Denied.

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 17. Admitted.

18. Admitted that the Association sought the imposition of an assessment against

certain tourism properties within the City of Tampa; otherwise without knowledge and therefore

denied.

19. Admitted that on March 16, 2017, the Tampa City Council adopted Ordinance

No. 2017-42 (codified at ch. 24.5, Tampa, Fla. Code of Ordinances (2017)) (the Ordinance),

and that the Ordinance speaks for itself; otherwise denied.

20. Admitted that section 24.5-8 of the Ordinance speaks for itself; otherwise denied.

21. Admitted that on April 6, 2017, the Tampa City Council passed the Resolution

referenced in the Ordinance, Resolution No. 2017-321, which speaks for itself; otherwise denied.

22. Admitted that the authority cited by the Speaker speaks for itself; otherwise

denied.

23. Admitted that the authority cited by the Speaker speaks for itself; otherwise

denied.

24. Denied.

25. Admitted that the authorities cited by the Speaker speak for themselves; otherwise

denied.

26. Admitted that the authorities cited by the Speaker speak for themselves; otherwise

denied.

27. Denied.

28. Denied.

29. Denied.

30. Admitted that the Uniform Special District Accountability Act, section 189.011,

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et seq., Florida Statutes, speaks for itself; otherwise denied.

31. Admitted that section 189.013, Florida Statutes, speaks for itself; otherwise

denied.

32. Admitted that section 189.02, Florida Statutes, and section 24.5-2 of the

Ordinance, speak for themselves; otherwise denied.

33. Admitted that Resolution No. 2017-322 speaks for itself; otherwise denied.

34. Admitted that section 189.02 and 189.012, Florida Statutes, speak for themselves;

otherwise denied.

35. Admitted that Resolution No. 2017-322 and section 163.01, Florida Statutes,

speak for themselves; otherwise denied.

36. Admitted that Resolution No. 2017-322 and section 163.01, Florida Statutes,

speak for themselves; otherwise denied.

37. Denied.

38. Denied.

AFFIRMATIVE DEFENSES

FIRST AFFIRMATIVE DEFENSE

The Speaker has not and cannot obtain relief in quo warranto pursuant to Article V, 5

because he is not defending a public right and is otherwise unable to establish an actual case or

controversy for which he has standing. The Speaker cannot otherwise obtain relief in quo

warranto pursuant to Article V, 3(b) because his action has been filed in the Circuit Court, not

the Supreme Court, and because he has failed to challenge the actions of a state officer or state

agency.

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 SECOND AFFIRMATIVE DEFENSE

Even if the Speaker could establish standing, his claims nevertheless fail because he has

failed to timely exhaust available administrative remedies under the Ordinance by failing to

appear at any of the several public hearings to object or otherwise timely file a complaint to

object to the levy of the special assessment, and has waived his right to such relief.

THIRD AFFIRMATIVE DEFENSE

Even if the Speaker had timely filed a complaint or objected to the special assessment, he

failed to allege the properties assessed do not derive a special benefit from the services provided

or that the assessment is unfairly and unreasonably apportioned.

FOURTH AFFIRMATIVE DEFENSE

The Speakers assertion that the Ordinance and Resolution are improper under Chapter

189, Florida Statutes, is without merit because the Ordinance and Resolution did not create a

special district nor is the creation of a special district required to levy the special assessments set

forth in the Ordinance.

FIFTH AFFIRMATIVE DEFENSE

The Speakers Complaint should be dismissed for failure to join indispensable parties.

The Speaker failed to include as defendants the owners of the 13 assessed tourism properties, the

Hillsborough County Hotel & Motel Owners Association, and the Hillsborough County Tax

Collector, two of which are parties to the interlocal agreement the Speaker seeks to invalidate.

SIXTH AFFIRMATIVE DEFENSE

The Speakers Complaint fails to state a claim upon which relief may be granted because

he fails to comply with Rule 1.110(b), Florida Rules of Civil Procedure, by failing to allege

sufficient ultimate facts, by failing to allege its cause(s) of action, and by failing to allege the

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necessary elements for any cause of action.

SEVENTH AFFIRMATIVE DEFENSE

This Court, as a matter of public policy, should refrain from exercising its discretion to

grant an extraordinary writ to a member of one house in the State Legislature in the absence of

standing, an actual case or controversy between the parties, exhaustion of the administrative

remedies and the prior administrative proceeding, or any allegations demonstrating the special

assessment fails to comply with the applicable legal standard.

CERTIFICATE OF SERVICE

I HEREBY CERTIFY that on this 7th day of December, 2017, I electronically filed the

foregoing with the Clerk of the Court using the E-Portal system which will automatically

transmit a copy of this pleading to: J. Carter Andersen, Esquire, candersen@bushross.com and Adam

S. Tanenbaum, Esquire, adam.tanenbaum@myfloridahouse.gov.

GRAYROBINSON, P.A.

/s/ David L. Smith

DAVID L. SMITH, ESQUIRE
Florida Bar No. 302139
david.smith@gray-robinson.com
jane.larose@gray-robinson.com
GRACE H. YANG, ESQUIRE
Florida Bar No. 120804
grace.yang@gray-robinson.com
maryjane.scalfari@gray-robinson.com
401 E. Jackson Street, Ste 2700
Tampa, FL 33602-5841
Telephone: (813) 273-5000
Facsimile: (813) 273-5145

AND

THOMAS A. CLOUD, ESQUIRE

Florida Bar No. 293326
thomas.cloud@gray-robinson.com
jan.gordon@gray-robinson.com
P.O. Box 3068

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 Orlando, FL 32802-3068
Telephone: (407) 843-8880
Facsimile: (407) 244-5690

AND

MONTEREY CAMPBELL, ESQUIRE

Florida Bar No. 11387
monterey.campbell@gray-robinson.com
linda.olson@gray-robinson.com
KRISTIE HATCHER-BOLIN, ESQUIRE
Florida Bar No. 521388
kristie.hatcher-bolin@gray-robinson.com
linda.olson@gray-robinson.com
Post Office Box 3
Lakeland, Florida 33802-0003
Telephone: (863) 284-2251
Facsimile: (863) 683-7462
Attorneys for Defendant

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