Orsini found claiming Florida residency
Still registered to vote in Erie County, leader of Independence Party faces loss of tax break
As chairman of the Erie County Independence Party, Anthony L. Orsini Jr. wields significant influence in local politics and government.
He is also a legal resident of Florida.
Records filed with the Sarasota County property appraiser’s office indicate Orsini and his wife, Judith, qualified for a $400 tax break through a homestead exemption by declaring their Venice mobile home as their legal residence.
But after The Buffalo News raised questions about the arrangement, Orsini has apparently offered two solutions to a situation Florida considers illegal. He told officials there Thursday he will give up his New York voter registration, while telling The News he will give up his Florida tax exemption.
“For $400, I’ll give up the exemption,” he said. “I’ll get that back in a fundraiser.”
But earlier in the day, when contacted by an investigator from the Sarasota County property appraiser’s office, Orsini said nothing about giving up the exemption, according to Louis Guinart, managing director.
“That’s not what he told us,” Guinart said. “He told us he would remove his name from the voting records in Erie County and file an amended tax return.”
To satisfy Florida officials, Orsini will have to take some kind of action.
The state, Guinart explained, is especially strict on enforcing the legal residence requirement in return for the homestead exemption. He said applicants are asked to show proof of citizenship, a Florida driver’s license or proof of where state taxes are filed.
He also said registering to vote in Florida is not required; neither Orsini nor his wife is registered there. But Florida does not extend the exemption for anyone eligible to vote in another state.
“If you are performing anything that requires residence in another state, you have not given up that residency,” Guinart said, adding that those found to be in violation face “severe penalties.”
He also said applicants for the homestead exemption are required to produce a Florida driver’s license or identification card, and turn in any out-of-state license.
“We would not approve anyone who holds an out-of-state driver’s license,” Guinart said,
New York State Department of Motor Vehicles records indicate Anthony Orsini holds a valid driver’s license in this state.
Bob Brehm, spokesman for the New York State Board of Elections, explained nobody can be registered to vote in two places. But he said a New Yorker can own another home as long as he maintains appropriate ties to his place of voter registration.
Guinart said his office had contacted Orsini on Thursday after The News raised questions about Florida’s homestead exemption requirements. He said fraud charges are possible for submitting false tax exemption applications, though they traditionally are not pursued.
He said Orsini told his investigator Thursday that he had been confused on his application by the terms “domicile” and “homestead,” and that accounted for the mistake.
Orsini, meanwhile, said he does not own the residence on Genesee Road in Concord, where he is registered to vote, and that he has no STAR exemption in New York that would disqualify his homestead arrangement in Florida.
“I’m a legal resident of Florida in order to get a homestead exemption,” he said.
Guinart said his department would give Orsini the benefit of the doubt and allow his exemption if he forfeited his New York voter registration.
Orsini said he would give up the exemption, saying, I’m not going to give up politics.”
