City of Tampa v. Lewis

LaROSE, Judge.

We are called upon to address Florida’s “resign-to-run” law, section 99.012(5), Florida Statutes (2006), in the context of the 2007 Tampa mayoral election. The City of Tampa sued for a declaratory judgment that Marion S. Lewis was required to resign as a captain in the Tampa Police Department (TPD) in order to run for the office of mayor against the incumbent, Pam lorio. The trial court entered a final summary judgment in favor of Mr. Lewis. We conclude that the trial court erroneously ruled that Mr. Lewis did not have to resign. Accordingly, we reverse and remand for further…