Election-fraud complaint says Fort Walton Beach Councilman Larry Patrick lives in Niceville
FORT WALTON BEACH — On March 1, a public forum was held that involved all 13 candidates in the days leading to the Fort Walton Beach City Council election. Each candidate was allowed to speak to the community, with one question being asked by then-Councilman Mike Minich following their statements.
When Larry Patrick finished his statement, Minich asked him about allegations that he doesn't live in the city.
"I have two homes, one in Fort Walton Beach, which has been my home since 1984. It is my homestead. The Supervisor of Elections Office has confirmed that qualifies me as a candidate for the city council. The house in Niceville will be sold this year," Patrick said in response to those allegations.
Patrick went on to collect the second-highest number of votes among the 13 candidates in the March 14 election, winning one of four spots up for grabs on the council. Patrick had 13.33% of the vote, behind Bryce Jeter with 16.83%. Gloria DeBerry and Payne Walker rounded out the top four with 12.82% and 11.56%, respectively.
In documents obtained by the Northwest Florida Daily News, an elections fraud complaint has been filed against Patrick by former City Councilwoman Amy Jamieson, who lost in the election with 4.76% of the vote. The complaint alleges that Patrick hasn't lived in Fort Walton Beach for years.
Jamieson filed the complaint along with a group called Voices of Fort Walton Beach.
"There were many who knew that this person did not live in the city limits and had not for many years," Jamieson told the Northwest Florida Daily News on Wednesday. "As a City Council member, you are held to a higher standard, which is not a higher standard. If this person lies about where he lives, what will he lie about or deceive the city and its residents?"
While acknowledging that he has spent substantial time at a second home in Niceville, Patrick insists that Fort Walton Beach is his primary residence. And he says he has legal precedent on his side.
Affidavit of residency and statement of financial interest
For a person to run for city office, not only must the person be registered to vote within the city limits, the person must live within the city limits for at least six months before declaring for office, according to the city charter. The charter does not say anything about multiple residences.
On Jan. 4, Patrick signed a document that said he had resided within the city for at least six months, which qualified him for elected office in Fort Walton Beach.
In addition, Patrick filed a document reflecting his financial interests for the calendar year ending on Dec. 31, 2022. Part C of the financial interest document does not disclose personal property that he may own.
According to Paul Lux, the supervisor of elections in Okaloosa County, a candidate does not have to disclose information regarding his residence on the financial interest statement.
The only two properties listed on Patrick's document are his State Farm insurance business on Eglin Parkway and Mattress Depot's building on Mary Esther Cutoff.
According to Lux, the Florida Division of Elections uses a principle called the "Four Corners Doctrine." In simplified terms, it means the department cannot look further than the information provided. If it turns out that the information listed on a document is false, then whoever signed the form could be charged with perjury.
Lux also said a complaint was filed 10 days before the March 14 election. That complaint came from a person who owned a business within the city limits but was not a resident. Therefore, the complaint was not investigated more.
Lux said his office reached out to the election crimes unit in Tallahassee and laid out all the information it had at the time. But with no actionable proof, the inquiry wasn't something his office would pursue.
Affidavits from a brother and a neighbor
Larry Patrick's brother, Thomas, gave an affidavit that implies that his brother has not lived at his Fort Walton Beach property for years.
"My younger brother Larry Patrick and his wife Cheryl Patrick purchased a newly constructed residence in Niceville in 2007 and soon thereafter vacated their residence at 221 Yacht Club Dr.," Thomas Patrick said in the affidavit.
Thomas Patrick said in the affidavit that the councilman and his wife originally moved out of the home and into Niceville as a "temporary residence" while renovations were taking place at their home in Fort Walton Beach. He said work on the Fort Walton Beach home has not even begun. But renovation has begun on the Niceville location to convert attic space into additional living space.
According to the affidavit, Larry Patrick has not lived at his home in Fort Walton Beach since 2007. The home has been used for "storage purposes or occupied by one or more family members of Larry (Patrick)."
Another affidavit was obtained from a neighbor who resided near the Patrick home since 1998.
"For the last several months, I have driven by 221 Yacht Club Dr. every day, and I have not seen his personal red Jeep (Wrangler) or his wife's SUV," said the affidavit from Michael Holmes.
"On several different occasions later in the day, I have seen his personal vehicle there," Holmes said. "But a blue Dodge pickup that is parked on the property was gone. It is there 90 percent of the time. It does not appear that anyone is living there."
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Okaloosa County Property Appraiser's Office
This year, Patrick was denied a homestead exemption on the Fort Walton Beach property by the Okaloosa County Property Appraiser's Office.
"Several outlets have informed our office anonymously via email and phone calls about a possible residency issue involving Mr. Patrick's homestead," said William Cooper, the assistant property appraiser.
"It is our opinion that Mr. Patrick did not meet the requirements for a homestead exemption on his Fort Walton Beach house in 2023," Cooper said.
To claim an exemption:
You must be the owner of the property.
The property must be your permanent residence.
You must have lived in the property as of Jan. 1 of the calendar year for which you want the exemption to apply.
You cannot have rented out the property for more than 30 days in the calendar year.
Cooper did not say when the homestead exemption was denied. He said Patrick could go to a special magistrate and file an appeal to have his homestead reinstated for 2023 if he chooses.
As of Wednesday, neither of Patrick's homes, in Fort Walton Beach or Niceville, had a homestead exemption.
A private investigation
On June 7, the Voices of Fort Walton Beach hired Bluewater Investigations, a private investigation firm, to investigate Patrick.
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On June 29, about 5:30 p.m., the investigator arrived at the Niceville address and observed what was allegedly Patrick's wife's SUV in the driveway. A few minutes later, the investigator noted a woman and a dog, matching the description of Cheryl Patrick and her dog from posts on social media, attending to yard work in the driveway.
The investigator then went to the Fort Walton Beach address and observed a blue truck, similar to the one described in the Holmes affidavit. With no movement around the property, the investigator returned to the Niceville address.
At about 8:30 p.m., a red Jeep Wrangler matching Patrick's description and tag number was seen pulling into the neighborhood, according to the investigator. Patrick was then seen pulling into the driveway, exiting the vehicle, and entering the home.
The investigator said Patrick and his family were still in the house when the lights were turned off later that evening.
'Residency is a state of mind'
Bob Lee, who is Patrick's legal counsel, said that issues of this type already have legal precedent.
Lee said that in Meisman v. Hernandez, Al Hernandez, a candidate for Pasco County School Board, purchased a house outside the district after filing papers showing intent to run for office. State law dictates that candidates reside within the district they wish to serve "when she or he qualifies."
Like Patrick, Hernandez claimed he bought the property while his other home was under renovation. After a lengthy court battle, it was determined that Hernandez could still run for election and went on to win the seat.
Lee said Hernandez's defense successfully argued that "an individual's intent to establish domicile is subjective, and the best proof of one's domicile is where the individual says it is."
"Residency is a state of mind," Lee said.
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'Fort Walton Beach has always been my home'
In an interview with the Daily News, Patrick said the allegations in the complaint assume "that residency is based on where you put your head down at night."
"I can say that I did do that at Yacht Club Drive, although we stayed at Niceville more frequently," Patrick said. "Nobody can say that we never stayed there or slept there."
He also said he and his brother Thomas have not spoken in years.
Patrick explained that a family dispute was the cause of the falling out between the brothers. He said that his brother had conspired against him and fell through on an agreement to the end-of-life care of his mother.
"That's a lie," Thomas Patrick told the Daily News on Wednesday in response to those allegations. "Larry Patrick is a liar to anyone to serve his own interest. It's time someone stopped Larry from pulling this crap. He has done it all of his life."
Regarding the loss of the homestead exemption, Larry Patrick said: "On two prior occasions, the Okaloosa County Property Appraiser's Office chose not to deny our homestead exemption. These decisions have made us believe we were complying with the laws pertaining to such."
Patrick said he plans to go to the special magistrate "soon" to appeal the homestead decision.
When asked why renovations have not occurred over the 15-year timeframe at the Fort Walton Beach residence, Patrick said financial issues led to the delay.
"Shortly after signing the contract to purchase the Niceville home, State Farm announced they would begin nonrenewing home insurance policies in Florida," he said. "My net income was cut in half. All the expendable income we had to do that was gone."
With the reduced income from his State Farm business, Patrick said the recession in 2008, the 2010 BP Oil Spill, and damages sustained to his business and home during hurricanes had affected the house's renovation timeline.
Patrick said the blue Dodge truck described in the Holmes affidavit and the investigator's report belongs to his wife.
He also said that the home in Niceville is currently for sale, and he has buyers interested in purchasing the property.
"Fort Walton Beach has always been my home," he said. "My heart and interests are in Fort Walton Beach. I don't think this precludes me from doing a good job for the citizens, that I own a home in Niceville. I think I'm legally correct in every area about the election and my homestead exemption."
This article originally appeared on Northwest Florida Daily News: Fort Walton Beach Councilman Patrick accused of living outside city
