Steps to Obtaining Florida Residency

By Shay S. Raja, Florida Business and Real Estate Attorney

Obtaining  Florida ResidencyWhether you are splitting time between Florida and another state for pleasure, business, school, or for retirement, there are benefits to obtaining Florida Residency, and much of that is attributed to taxes. For example, if you own a home up north but have a home here in Florida to escape the cold winters, you might be better suited to stay in Florida for the majority of the year because, unlike many other states, Florida does not have an income tax and in many cases, the overall taxes are much higher in other states. By establishing Florida residency, you can potentially save money and benefit in numerous different ways as well.

Spending at least six months in Florida is Essential
You must Spend at least 183 days of the year in Florida to obtain residency. Your other state of residents can audit you to make sure you are actually spending more time out of their state than in, so be cautious about documenting your stay with receipts and other paperwork for proof.

File for Florida Homestead Property Tax Exemption
Property owners in Florida may be eligible for exemptions and additional benefits to reduce their property tax liability. The homestead exemption and Save Our Homes assessment limitation help thousands of Florida homeowners save money on their property taxes every year. Further benefits are available to property owners with disabilities, senior citizens, veterans, and active-duty military service members, disabled first responders, and properties with specialized uses.1

Florida Statutes, Chapter 222—
(1) Any person who shall have established a domicile in this state may manifest and evidence the same by filing in the office of the clerk of the circuit court for the county in which the said person shall reside, a sworn statement showing that he or she resides in and maintains a place of abode in that county which he or she recognizes and intends to maintain as his or her permanent home.2

(2) Any person who shall have established a domicile in the State of Florida, but who shall maintain another place or places of abode in some other state or states, may manifest and evidence his or her domicile in this state by filing in the office of the clerk of the circuit court for the county in which he or she resides, a sworn statement that his or her place of abode in

Florida constitutes his or her predominant and principal home, and that he or she intends to continue it permanently as such.
(Note: This is not a complete statute. See full and complete Florida Statutes for additional information.)2

Senior Care Facilities
Those 60 years and older in a senior facility or community such as a nursing home or assisted living, can file under Florida Statues section 400 to prove residency in Florida.

Driver’s License and Vehicle Insurance
Obtain a Florida Driver’s License, getting insurance, and registering them in the state of Florida is very important when obtaining residency. This can be done in person at the Department of Motor Vehicles.

File a Declaration of Domicile
Circuit Court-File, a Declaration of Domicile, declares where you reside in your principal home. This falls under Florida statute 222.17. These can be obtained at the county recorder’s office.

Resident Taxes
Pay Florida resident taxes and maintain proof of filing and receipts.

Register to Vote
Register to vote in the state of Florida. This can be done online or at the Department of Motor Vehicles when you apply for your driver’s license.

School
If you have children, enroll them in school in Florida, or if you are an adult student, show proof of your Florida enrollment in a college, university, or other educational program.

Woodward, Pires & Lombardo, P.A. Attorneys at Law can help assist you in obtaining Florida residency to make sure you are on track and getting the most benefit from your endeavors.

Woodward, Pires & Lombardo, P.A. Attorneys at Law
For 50 years, Woodward, Pires & Lombardo is proud to have served and will continue to serve you as their top priority. At WPL, our attorneys have lived and worked in Southwest Florida for decades and possess a vast knowledge of the law and a first-hand understanding of how the law intersects with the lives of those in our community. Our attorneys have the responsibility and obligation to use their training as advisers, counselors, and strategists for the betterment of our community.

In 1971, When Arthur V. Woodward, Esq. founded one of the first law firms on Marco Island, he emphasized the importance of a superior work ethic, collegiality and respect among our peers, and a social conscience that commands participation in opportunities for the good of the public. These guiding principles formed the tradition of excellence that the attorneys and staff at WPL work hard to uphold today.

WPL Puts Community First
At WPL, our attorneys employ a common-sense approach to the practice of law, working efficiently and effectively as a team versed in many practice areas to best serve our clients. We look forward to serving you and providing you with quality, effective, and efficient legal representation.

Our Practice Areas Include:
. Business Law
. Community Association Law
. Family Law
. Government Relations
. Litigation
. Real Estate Law
. Wills, Trusts & Estates
. Securities & Commodities arbitration, Litigation & Class Actions

ADVISE | REPRESENT | DEFEND | PROTECT

You’ve known us and trusted us for the past 50 years, and we will continue to defend and protect you and your loved ones for many years to come as we continue to build our future together.

Woodward, Pires & Lombardo, P.A. Attorneys at Law
Naples Office:
3200 Tamiami Trail N, Ste 200
Naples, FL 34103
239-649-6555

Marco Island Office:
606 Bald Eagle Dr, Ste 500
Marco Island, Fl 34145
239-394-5161

www.wpl-legal.com 

 

 

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