Rep. Mike Hill is under investigation for claiming a homestead exemption for a home in the Marcus Pointe subdivision that he and his wife have owned since 1995. The residence is in Florida House District 1. However, Hill represents Florida House District 2 and used a Portofino rental unit as his residence to qualify to run in 2013 and 2014.
In an interview with the Pensacola News Journal, Hill said that Hill said his “primary residence†is at Portofino, but that his “permanent residence†is at Marcus Pointe, and he and his family split time between the two.
He told FloridaPolitics.com, “My residency to serve in the Florida House was certified by the House leadership, and the homestead exemption in Pensacola is in full compliance with the law. So in both cases there is absolutely no violation of any rules or any laws.”
Florida House Rules state that a member must be legal resident and elector of his or her district at the time of election and shall maintain his or her legal residence within that district for the duration of his or her term of office.
While a member may have multiple residences, he or she shall have only one legal residence. The legal residence of a member at a designated location is demonstrated by a totality of the circumstances.
Factors to be considered include, but are not limited to:
(a) Where one claims to reside, as reflected in statements to others or in official documents; Portofino
(b) The abandonment of a prior legal residence, as evidenced by moving from or selling a prior legal residence;No
(c) The abandonment of rights and privileges associated with a prior legal residence; No
(d) Where one is registered as a voter; Portofino
(e) Where one claims a legal residence for a homestead exemption; Marcus Pointe
(f) Where one claims a legal residence for a driver license or other government privilege or benefit;
Unknown
(g) The transfer of one’s bank accounts to the district where one maintains a legal residence; Unknown
(h) Where one’s spouse and minor children maintain a legal residence, work, and attend school; Marcus Pointe
(i) Where one receives mail and other correspondence; Unknown
(j) Where one customarily resides;Unknown
(k) Where one conducts business affairs;Unknown
(l) Where one rents or leases property; Portofino
and
(m) Where one plans the construction of a new legal residence. N/A
Escambia County Property Appraiser Chris Jones sent Hill a certified letter requesting further documentation that should answer some of the unknowns, such as his driver’s license. Hill has until Aug. 27 to reply. Jones needs the information to determine if Hill’s homestead exemption is valid.
As far as his seat in the Florida House, the House Rules state each house of the Legislature is the sole judge of the qualifications of its members, including whether a member no longer satisfies his or her qualifications for office.
Rep. Hill was required to affirm in writing that he or she is a legal resident and elector of his or her district based on the provisions of this Joint Rule. Each member shall file the written affirmation with the Secretary of the Senate or the Clerk of the House of Representatives before the convening of Organization Session following each general election
These factors were added to the rules in the 2014 Legislative Session after the media found several Florida legislators were living outside the districts they were elected to represent, including State Sen. Maria Sachs, Rep. Lori Berman, Rep. Joseph Gibbons, Rep. Jared Moskowitz, Rep. Hazelle Rogers, Rep. Alan Williams, and Rep. Perry E. Thurston, Jr.
The website MediaTrackers described how the scam worked. The lawmakers “rented a small, inexpensive, often rundown apartment somewhere within their legislative district. The legislators continue to live in their larger, nicer homes with their families while listing the inexpensive rental as their place of residency.”
According to MediaTrackers, “the legislators respond that if they are own or rent two different potential homes, their official residence is wherever they say it is, regardless of the percentage of time spent in one potential residence versus the other.”
Of course, both of Hill’s residences are high-priced.
In 2014, Sen. Jack Latvala (R-Clearwater), who will head the Senate Appropriations Committee next session, called upon Florida Gov. Rick Scott, Senate President Don Gaetz and House Speaker Will Weatherford to take steps to end the residency games. The new residency rules were passed at the beginning of the 2014 session.
Rep. Mike Hill voted for the rule change.
Residency has come up in the Senate District 17 and 31 races. Ritch Workman is calling on State Rep.Debbie Mayfield to immediately resign her House seat because it appears she lives outside her House district. Rep. Irving Slosberg has also lives outside his Florida House District.