Gov. DeSantis Removes North Miami Beach Mayor Anthony DeFillipo From Office

North Miami Beach Mayor Anthony DeFillipo has been removed from office after being criminally charged with three counts of illegal voting as an “unqualified elector.”

Gov. Ron DeSantis issued an executive order on Monday suspending DeFillipo from public office, just three days after State Attorney Katherine Fernandez Rundle issued the former mayor’s arrest last week. DeFillipo’s suspension will last “until a further executive order is issued or as otherwise provided by the law.”

The third-degree felonies which DeFillipo was charged with each carry a maximum five-year prison term, which could put DeFillipo away for 15 years if convicted. When that could happen is unknown, as his case has yet to be filed and his arraignment yet to be scheduled.

DeFillipo’s attorney, Michael Pizzi, has meanwhile denied the validity of the charges. He said he and his client were both shocked to discover that the state attorney would use her power to further what Pizzi is continually referring to as nothing but “a political hit.”

“It’s another distraction for the mayor, and certainly for everybody else, from the public service they really want to focus on,” Pizzi told The Miami Times. “Obviously, for the mayor, the community and the commission, it’s an unwanted and very stressful distraction from the things they dedicate themselves to.”

At a press conference last Wednesday, Fernandez Rundle said evidence gathered through subpoenaed cell phone tracking data shows the mayor left his Davie home to vote in three separate elections in North Miami Beach and then returned to Davie each time. Those elections took place in August, October and November 2022, nearly a year after records showed that he sold the North Miami Beach home listed on his voter registration.

The arrest came approximately two weeks after another vacancy occurred at a commission meeting May 16. Former Commissioner Michael Joseph was ousted by his peers for boycotting meetings amid legal concerns that DeFillipo lived outside of the city and was no longer legally mayor. The city now awaits a judge’s ruling on whether Joseph can be reinstated into office.

Judge Peter Lopez held an eight-hour hearing on the matter May 26, but has yet to issue a written order with his decision. The hearing was a continuation of a lawsuit filed by Vice Mayor Jay Chernoff in February as a first attempt to remove Joseph and Commissioner McKenzie Fleurimond from office, the latter of which has since been dropped as a defendant.

According to the North Miami Beach city charter, a special election must be held within 35 to 90 days following the time of either vacancy in order to fill each seat. City attorney John Herin, however, already said following Joseph’s removal that the Miami-Dade County Elections Department is unable to satisfy those requirements.

The city charter also states that the vice mayor – in this case, Chernoff – will fulfill the mayor’s duties until the elections are sorted out, but will not himself become mayor.

Both DeFillipo’s and Joseph’s seats were originally going to be up for grabs in November 2024. Even before the vacancies had occurred, each election had already attracted one candidate – former Commissioner Barbara Kramer for the former and former state Rep. candidate Lynn Su Sutjapojnukul for the latter.

North Miami Beach has been no stranger to turmoil ever since an ethics complaint was first filed against DeFillipo in December. Since then, the commission has been divided along racial lines — the relevance of which many deny. A city manager was also fired, and a city attorney resigned. Meanwhile, nearly every move from DeFillipo’s residency allegation to Joseph’s removal have all been stamped with the same accusation: political retribution. DeFillipo’s arrest is surely to be similarly digested with differing opinions.

“While this issue makes its way through the judicial system and the governor’s office, my colleagues and I must come together to continue serving our residents,” Fleurimond said in a statement. “The advancement of the city remains my priority.”

The next city commission meeting is scheduled for June 20.