North Miami - NMB

North Miami Beach mayor arrested on charges related to ‘voting irregularities’

North Miami Beach Mayor Anthony DeFillipo was arrested and charged with three counts of voter fraud, the Miami-Dade State Attorney’s Office said Wednesday. He’s the third mayor of North Miami Beach to be arrested in 11 years.

The arrest comes six months after a complaint was filed with the Miami-Dade Commission on Ethics & Public Trust alleging DeFillipo lived in the town of Davie in Broward County, in violation of the North Miami Beach city charter, which requires elected officials to reside in the city.

READ MORE: Does North Miami Beach mayor live in another city? Ethics complaint filed

Miami-Dade State Attorney Katherine Fernandez Rundle said her office used cell phone data to track DeFillipo’s driving from Davie to North Miami Beach, where he cast ballots to vote in three elections in August, October and November.

“It wasn’t as if, ‘Oops, I forgot once.’ ” she told the Herald. “This is three times in rapid succession.”

The charges are third-degree felonies, punishable with up to five years in prison.

DeFillipo, through his attorney Michael Pizzi, denied the allegations. “We look forward to a speedy exoneration,” Pizzi told the Herald in a text message.

Pizzi criticized the arrest of his client at a North Miami Beach property DeFillipo owns, saying, “They had an ethical obligation to allow him to voluntarily surrender.”

City of North Miami Beach Mayor Anthony F. DeFillipo flanked by Commissioners Phyllis Smith (far left) and Fortuna Smukler listen as a resident speaks at the City chambers as they discussed the hiring of a new city attorney during the first meeting where all commissioners attended after a judge ordered them to do so, on Tuesday March 21, 2023.
City of North Miami Beach Mayor Anthony F. DeFillipo flanked by Commissioners Phyllis Smith (far left) and Fortuna Smukler listen as a resident speaks at the City chambers as they discussed the hiring of a new city attorney during the first meeting where all commissioners attended after a judge ordered them to do so, on Tuesday March 21, 2023. Pedro Portal pportal@miamiherald.com

Two condos in NMB, two homes in Davie

The ethics commission said it is prohibited from confirming or denying the existence of an investigation. Florida ethics investigations are confidential until a preliminary inquiry confirms probable cause that a violation occurred.

DeFillipo has repeatedly denied the allegations surrounding his residency and insisted he lives in North Miami Beach. His business is TD Managing Enterprise and property records show he has bought and sold a number of properties in recent years, including several in North Miami Beach and Davie.

In a March deposition, DeFillipo admitted to purchasing a Davie home but said it was for his family to live in, citing marital issues. He also admitted to serving on the homeowners association board for the Davie community.

DeFillipo and his wife purchased the two-story, six-bedroom home in the Sierra Ranches community for $1,226,500 in July 2022, according to Broward County property records. He testified the family moved into the home a month later.

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In a March deposition, DeFillipo said he actually lived in North Miami Beach, and moved several times within the city during this period, selling his North Miami Beach home, moving in with his ailing mother for a spell, and ultimately moving into a one-bedroom condo in late 2022.

According to Miami-Dade property records, DeFillipo owns the one-bedroom, 830 square-foot condo on Northeast 170th Street in North Miami Beach. He also owns a two-bedroom condo with his wife in the same building.

DeFillipo said he filed documents updated with that new address in North Miami Beach to the city clerk, prior to the sale of a home on Northeast 177th Street in December 2021..

The warrant indicated DeFillipo did not change his address with the Department of Motor Vehicles until December 2022, a violation of Florida law which requires a change be made within 30 days. He also had not changed his address with the Miami-Dade County Elections Department until after he voted in the elections.

“Not changing your address with the Department of Elections is not in and of itself a crime,” Rundle said. “What is a crime is when you knowingly vote outside of your registered area.”

READ MORE: North Miami Beach mayor says he lives in city, but his family moved to another town

Miami-Dade State Attorney Katherine Fernández Rundle discusses the arrest of North Miami Beach Mayor Anthony DeFillipo for “voting irregularities at the State Attorneys’ Office, .on Wednesday, May 31, 2023.
Miami-Dade State Attorney Katherine Fernández Rundle discusses the arrest of North Miami Beach Mayor Anthony DeFillipo for “voting irregularities at the State Attorneys’ Office, .on Wednesday, May 31, 2023. Pedro Portal pportal@miamiherald.com

City commission dysfunctional

Concerns over DeFillipo’s residency led to a stalemate in the city with three city commissioners refusing to attend commission meetings in protest of DeFillipo’s residency concerns, leaving the commission without a quorum to conduct city business.

“I feel very badly for North Miami Beach,” Rundle said. “They’re a lovely municipality in our beautiful larger Miami-Dade County and I feel bad that they’re going to have to go through this.”

A registered Democrat, DeFillipo, 51, served on the city commission for five years before becoming mayor in 2018. A licensed real estate broker, DeFillipo is CEO of TD Managing Enterprise.

DeFillipo’s arrest is the latest episode in the city regarding the commission. Earlier, this month the city commission voted to remove Michael Joseph from his seat after he failed to attend meetings for more than 120 days. Joseph is suing to regain his seat.

“The City of North Miami Beach will watch closely as the legal process runs its course,” chief communications officer David F. Jeannot said in a statement. “To rebuild trust in this community is no small feat however, we are focused on earning your confidence back. NMB is a resilient community, and together we will emerge stronger from this. We thank you for your continued support as we work towards a more transparent and accountable city government.”

DeFillipo’s arrest means he could be suspended from office by Gov. Ron DeSantis.

His arrest also marks the third time in 11 years that a North Miami Beach mayor was arrested while in office.

In 2018, Mayor George Vallejo agreed to resign from office and accept house arrest as part of a plea deal for violating state campaign finance laws. Vallejo was charged with two first-degree misdemeanors by the Miami-Dade State Attorney’s office.

In 2012, Mayor Myron Rosner was arrested and charged with several felony and misdemeanor counts, including unlawful compensation for official behavior, grand theft and falsely reporting campaign expenditures. Rosner pleaded guilty to a single charge of unlawful compensation and sentenced to serve three years probation.

This story was originally published May 31, 2023 at 10:44 AM.

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Raisa Habersham
Miami Herald
Raisa Habersham is the race and culture reporter for the Miami Herald. She previously covered Hollywood and Fort Lauderdale for the Herald with a focus on housing and affordability. Habersham is a graduate of the University of Georgia. She joined the Herald in 2022.
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