IN THE CIRCUIT COURT OF THE THIRTEENTH JUDICIAL CIRCUIT

IN AND FOR HILLSBOROUGH COUNTY, FLORIDA

CIRCUIT CIVIL DIVISION

JOSE R. OLIVA, in his official capacity

as Speaker of the Florida House of
Representatives,

Plaintiff,

v. Case No. 17-CA-009785, Div. J

CITY OF TAMPA, a municipality of the

State of Florida,

Defendant.
________________________________/

ORDER DENYING IN PART CITY’S

MOTION FOR SUMMARY JUDGMENT

THIS MATTER comes before the Court for a hearing on November 30, 2018, on the

parties’ competing motions for summary judgment. Having considered the motions, the

submissions in the record, and the argument of counsel, and being otherwise duly advised in the

premises, it is ORDERED that:

The City’s summary judgment motion shall be DENIED IN PART. As one of its

arguments as to why it is entitled to judgment as a matter of law, the City contents that the

Speaker does not have standing to bring this quo warranto action and that this Court otherwise

does not have jurisdiction. Based on the case law considered and discussed at the hearing and

for the reasons set out in that hearing, the Court concludes that the Speaker, like any citizen of

this State, may bring a quo warranto action to enforce a public right and challenge whether a
municipality has authority derived from the State to take a particular official action. In this quo

warranto action, the Speaker challenges whether the City has state authority to adopt the tourism

marketing assessment. Without commenting on the merits here, the law permits the Speaker to

bring such an action in his official capacity.

Alternatively, the Florida Constitution preempts to the Florida Legislature all power over

non-ad valorem taxation. The Speaker, on behalf of the House, asserts that the tourism

marketing assessment is a non-ad valorem tax that has not been expressly authorized by the

Legislature. Again, without commenting on the merits here, the House has a direct interest in

challenging whether the City encroached on the State’s exclusive legislative authority over non-

ad valorem taxation. For this reason, as well, then, the Speaker has standing to bring this action,

and this Court has jurisdiction to consider the merits of this case.

This order is an interim order. The Court reserves ruling on the merits of the summary

judgment motions regarding whether the City imposed a tax on hotel room rentals without

legislative authorization.

DONE AND ORDERED this ____ day of _______________, 2018, in Chambers at

Tampa, Hillsborough County, Florida.

____________________________________
Electronically Conformed 12/16/2018
REX
Rex M. BARBAS, Circuit Judge
Barbas

Electronic copy provided through JAWS to:

J. Carter Andersen, Esq. (candersen@bushross.com)
Adam S. Tanenbaum, Esq. (adam.tanenbaum@myfloridahouse.gov)
Harold Holder, Esq. (hholder@bushross.com)
David L. Smith, Esq. (david.smith@gray-robinson.com)
Robert Johnson, Esq. (robert.johnon@gray-robinson.com)
Julia Mandell, Esq. (Julia.Mandell@gray-robinson.com)