Ex-Groveland mayor files petition, says he was improperly removed

In the latest salvo in a saga that has gone on for over a year, ousted Groveland mayor George Rosario has filed a petition with an appeal court arguing he was improperly removed by the City Council.

Council members voted 3-0 in January to remove Rosario, who was arrested in 1987 by undercover police in Philadelphia with an ounce of cocaine and later convicted. In Florida, a person convicted of a felony must apply with the state Office of Executive Clemency to have their civil rights restored in order to vote, bear firearms and run for public office.

In the petition filed Tuesday with the 5th District Court of Appeal in Daytona Beach, Rosario’s attorneys said he applied to have his rights restored in February. That came after a Lake circuit judge stripped him of authority because no record existed of his civil rights being restored in Florida.

Rosario didn’t think it was an issue because Pennsylvania felons’ civil rights are restored after serving their prison sentence. And he completed his incarceration, according to the new filing.

A reply a week later from the state Office of Executive Clemency confirmed Rosario’s position.

“Since your client [Rosario] has already received his voting rights for his out of state felony convictions, he does not need to apply for clemency in Florida,” the filing quoted the letter as saying. “His Pennsylvania restoration of rights will be sufficient.”

Rosario could not be reached for comment, but his attorney Howard Marks said, “The city vote is not effective … ”

The petition also said Groveland’s city charter doesn’t permit council members to remove an elected official from office, but only to “declare” the office is forfeit.

“Conspicuously absent from the charter is the authority and procedure for the council to adjudicate the forfeiture,” the lawsuit said.

Reached Tuesday, council member Mike Smith, who was elected in November and voted to remove Rosario, said it was the first he heard of the new legal effort. Rosario had been restored to office in October after the 5th District Court of Appeal lifted the injunction that prevented him from serving.

“He [Rosario] had indicated he was going to bring a suit,” Smith said. “It’ll be good to see what he’s alleging and go from there.”