Florida Residency Requirements and Steps

What Is Florida Residency?

Florida residency means legally establishing Florida as your permanent home for tax, legal, and personal purposes.

Florida residency benefits include no state income tax, broad asset protection laws, generous homestead exemptions, favorable conditions for estate planning, and eligibility for in-state tuition at public colleges.

Becoming a Florida resident requires living in Florida, obtaining a Florida driver’s license, and registering to vote. You should also file a declaration of domicile and spend at least 183 days per year in the state. These actions prove your intent to make Florida your permanent home for legal and tax purposes.

What Is a Florida Resident?

Florida residency can be claimed only by someone who primarily lives in Florida. Some people want to become Florida residents to escape state income tax and inheritance tax. Other people want to become Florida residents to take advantage of its asset protection laws.

The term “Florida resident” has two meanings under Florida law:

For asset protection, there is no minimum occupancy requirement to be a Florida resident. Instead, Florida residency for asset protection requires demonstrating an intent to maintain a primary residence in Florida. Florida courts consider various factors evidencing an intent to live in Florida.

For state income tax purposes, establishing residency in Florida requires physical presence in Florida most of the year.

How to Become a Florida Resident

Here are the ten most important steps to establishing Florida residency:

1. Record a Declaration of Domicile in the county in which you live.
2. Maintain a physical mailing address, not a P.O. Box.
3. Register to vote in Florida.
4. Obtain a Florida driver’s license.
5. Pay applicable property taxes.
6. Use a Florida address on all legal paperwork, including tax returns.
7. Obtain Florida tags on all vehicles.
8. Change passport address to Florida.
9. Physically move some valuable household items, such as artwork or jewelry, to your Florida home.
10. File for the homestead tax exemption if you own a Florida home.

Keep in mind that a person moving to Florida does not need to satisfy every element on the checklist in order to fully establish domicile. Some items are more important than others.

Establishing Florida Residency for Tax Purposes

There are special requirements to become a Florida resident for tax purposes. Becoming a Florida resident means something different in terms of state income tax than it does in terms of Florida asset protection. Income tax residency is not a Florida issue because Florida does not have an income tax. This is a taxation issue for the state of one’s other residence, typically “up north.”

The taxing state has the monetary incentive to retain one’s residency and deny Florida residence. The taxing state authority sets its rules for determining Florida residency qualification to avoid state taxation.

To become a Florida resident for taxes, you will need to be living in Florida for more than six months. A tax professional in the taxing state can explain the taxing state’s requirements and guidelines for determining whether or not you have become a Florida resident.

Establishing Florida Residency for Asset Protection Purposes

Generally, only Florida residents may take advantage of Florida’s liberal asset protection laws. For instance, to protect money in a Florida homestead property or in other assets protected by Florida statutes, one must first establish oneself as a Florida resident.

For asset protection purposes, Florida residency means more than just owning property in Florida or having a Florida address. Whether or not you qualify as a permanent Florida resident depends on whether your circumstances and your actions demonstrate your intent to establish a primary place of residence in Florida. When “going home” means you are returning to your residence in Florida, and when your mail is sent to your Florida address, you are probably a Florida resident.

Florida Statute § 196.012 defines a permanent residence as “that place where a person has his or her true, fixed, and permanent home and principal establishment to which, whenever absent, he or she has the intention of returning.”

Establishing Florida Residency for In-State Tuition

To qualify as a Florida resident for in-state tuition at public universities, you must establish residency at least 12 months before classes start. Residency requirements for tuition are stricter than those for general residency. You must provide a range of documents to prove you live in Florida, including:

• A Florida driver’s license.
• Lease agreements or property ownership documents.
• Utility bills showing your Florida address.

If you are financially independent and over the age of 24, these documents are sufficient for your purposes. If you are under 24, your parents must provide similar proof of residency.

You can lose your Florida tuition residency status if you have not lived in the state within the previous 12 months.

183 Day Rule for State Residency in Florida

Many income tax states use a “183 Day Rule,” or a 6-month rule, to establish residency in Florida.

Under the rule, the taxing states require that a person looking to declare residency in Florida must reside in Florida for at least 183 days (in other words, one day more than six months).

Any time spent in the state can count as a day.

There is no waiting period to establish Florida residency for asset protection purposes. As soon as you form the intent to make Florida your primary home, you are a Florida resident, and you are entitled to Florida’s asset protection benefits.

Waiting Period for Florida Residency

There is no waiting period to establish Florida residency for asset protection purposes. As soon as you form the intent to make Florida your primary home, you are a Florida resident, and you are entitled to Florida’s asset protection benefits.

The rules are different for bankruptcy, however. Bankruptcy law imposes a two-year waiting period before a debtor may claim Florida’s exemptions in bankruptcy court.

Can You Have Dual Residency?

You cannot be a resident of more than one state under Federal law. You have own property in multiple states, but you can only be officially a resident of one of them.

In some rare situations, a person could be a resident of two states for state income tax purposes. This situation occurs when a person is domiciled in one state, but lives in another state for more than 183 days. This could cause the other state to impose income taxes.

Frequently Asked Questions

What’s the fastest way to become a Florida resident?

The fastest way to become a Florida resident is to establish a permanent home in the state, update your driver’s license, register to vote, and file a Declaration of Domicile with the local county clerk. You must still be physically present in the state for at least 183 days.

Can you keep your out-of-state driver’s license and still be a Florida resident?

Florida law requires new residents to obtain a Florida driver’s license within 30 days of establishing residency. You cannot legally keep your out-of-state license and claim Florida residency. Failure to update your license can result in penalties or legal issues under Florida statutes.

What documents do you need to prove Florida residency?

To prove Florida residency, you need at least two documents, such as a Florida vehicle registration, a Florida driver’s license, a utility bill with your Florida address, a lease agreement, or a property tax bill. Bank statements or government mail with a Florida address are also accepted.

How does becoming a Florida resident affect your taxes?

As a Florida resident, you can benefit from the state’s lack of income tax, which may reduce your overall tax burden depending on your previous state of residence.