District Court Rules In Favor Of Rocco

BROOKSVILLE - It's official - Rose Rocco is a Hernando County commissioner.

Fourteen months after she "won" the election, an appellate court judge Tuesday affirmed a local circuit judge's decision that Rocco has a legal right to the District 2 seat.

Coincidentally, the news came on the same day as voters went to the polls for the Florida primary.

Rocco's 2006 election challenger, former county commissioner Nancy Robinson, had filed a lawsuit against her, claiming she violated election laws at the time.

But the Florida 5th District Court of Appeals Tuesday issued a one-word decision: Affirmed.

In doing so, the court made it clear that it agreed with a 2006 ruling by Circuit Court Judge John Booth.

Rocco is understandably elated.

"I'm just so happy that we can finally relax, settle down and do the business of the county and not have any stress-related issues," Rocco said. "I was confident it would go this way but until you really get the decision, there's always that black cloud."

Rocco's attorney, Jason Melton, called the district court's decision "abundantly reasonable."

"From the very first day, we knew Rose won that election fair and square," Melton said. "This was always about sour grapes. It's just nice to see it hopefully come to a conclusion.

"I'm happy for the citizens of Hernando County and the supporters of Rose Rocco and hopefully now we can put this behind us."

Because of the bluntness of the appellate court's decision, Melton said it is doubtful that Robinson and her attorneys will appeal.

Attorney Joe Mason, who is representing civic activist Janey Baldwin, an intervener in the case supporting Robinson, said he would talk to his client and consider the next move.

"I'm shocked," Mason said. "There is absolutely no law to support the ruling."

Mason did not rule out an appeal.

"We'll probably ask for a rehearing -- that usually comes first," Mason said. "But we'll have to look at it and talk to the client and figure out what it is we're going to do."

Robinson essentially has two options: Try and get the appellate court to reconsider its decision or persuade the court to write an opinion that would serve as the basis for an appeal to the Florida Supreme Court.

The long ordeal

Republican Robinson lost the November 2006 general election to Democrat Rocco.

But Robinson filed suit days later in Hernando County alleging that Rocco - who garnered about 1,400 more votes - violated state residency requirements by not living in the district the day of the election.

Rocco countered by saying she was in the process of moving at the time and that satisfied the regulations. She has since moved to the district.

Circuit Court Judge Booth eventually ruled Rocco was the victor.

A county commissioner is not "elected" until the canvassing board certifies the results and provides a certificate of election to the person," Booth ruled.

An election is actually a process that starts with early voting, continues on to the general election and ends when all the votes are certified, Booth determined.

Robinson's attorneys disputed the ruling and appealed to the Florida 5th District Court of Appeals, which had been reviewing the matter.

Ever since she filed the legal challenge, Robinson has declined to comment on the matter. She did not return telephone calls for this story.

The Hernando County canvassing board, which was a party in the lawsuit, was to be informed late Tuesday about the district court decision.

Setting a precedent

Rocco's case essentially changed the definition of when a Florida election "ends" and set a precedent on future disputed residency cases involving political candidates.

Rocco said her ordeal paves the way for other candidates throughout the state.

"This really makes it extremely clear so there's no gray area at all," Rocco said.

Rocco thanked the people of Hernando County for sticking by her through the long months. She gave a special thanks to her husband, Peter, for his patience.

"People need to know they can depend on someone they elect to stand their ground and stand up for what they believe in," she said. "The support of the community has always been there for me."

Any further appeals by Robinson would not reflect well on the former commissioner, Rocco said.

"They took it as far as they could," Rocco said. "Anything more than that I would have to view as a personal attack and harassment."

Throughout the legal fight, Rocco had relied on her own money and contributions from a legal defense fund she set up to defray costs.

Last year alone, Rocco said she spent $25,000 on the fight.