Florida Residency Requirements and Steps

What Is Florida Residency?

A Florida resident is someone who has established Florida as their primary and permanent home, either by physically living in the state for most of the year or by showing clear intent to make Florida their legal domicile, depending on the legal context involved.

To become a Florida resident for state income tax purposes, you must physically live in Florida for most of the year, obtain a Florida driver’s license, and register to vote. You should also file a declaration of domicile and spend at least 183 days per year in the state.

For asset protection purposes, there is no required number of days you must live in the state. Instead, Florida courts look at whether you intend to make Florida your permanent home. Courts evaluate your intent based on factors that show your commitment to living in Florida.

Most Common Steps to Establishing Florida Residency

Here are the most common steps needed to establish Florida residency:

1. Live in Florida for at least 183 days per year.
2. Obtain a Florida driver’s license or ID card.
3. Register to vote in Florida.
4. File a Declaration of Domicile.
5. Claim the homestead exemption.
6. Use a Florida address on all legal paperwork.
7. Physically move valuable household items.
8. Maintain a physical mailing address.

How To Qualify for Florida Residency

To establish Florida residency, you must physically reside in Florida for at least 183 days per year, maintain a primary residence in the state, and register to vote in Florida. You do not need to file a “Declaration of Domicile,” but it can help demonstrate your intent to become a Florida resident.

Establishing Florida Residency for Tax Purposes

There are special requirements to become a Florida resident for tax purposes. You must:

• Reside in Florida for 183 days per calendar year.
• Maintain a physical presence in Florida most of the year.
• Have a stronger tie to Florida than the previous state.
• Document your residency by updating your driver’s license and voter registration.

The state from which you are moving sets its rules for qualifying for Florida residency to avoid state taxation.

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

Only Florida residents can take advantage of Florida’s liberal asset protection laws.

To become a Florida resident for asset protection, there is no minimum number of days you must be in the state. However, owning property is not enough to establish Florida residency for asset protection purposes. The law requires that you demonstrate your intent to establish your 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 law defines a permanent residence as the 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.

What Is a Florida Declaration of Domicile?

A Florida declaration of domicile is a special affidavit that declares your intent to make Florida your permanent home.

Florida law allows you to demonstrate your intent to become a Florida resident by filing the declaration with the county where you live. It is filed with the Circuit Court and serves as evidence that you intend to remain in Florida indefinitely.

Although a declaration of domicile is a critical part of establishing residency for asset protection or tax purposes, it is not enough on its own. You must also take additional steps, like obtaining a Florida driver’s license, spending most of your time in Florida, and maintaining a Florida address.

The Florida Supreme Court has explained that Florida residency requires not just an intention expressed in a declaration, but also the fact of residency. Good faith intention to be a Florida resident must be accompanied by the overt act of residence.

183 Day Rule for State Residency in Florida

Other states that do impose an income tax may have laws requiring a taxpayer to demonstrate an intent to live in a different state (such as Florida) for most of the calendar year. 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. For example, consider the situation of a former New York resident who has moved to Florida. The person still works occasionally in New York despite being a Florida resident. Occasionally the person travels to New York for meetings or leisure, but returns the same day to the person’s Florida residence. The New York travel days still count as “New York days” in terms of the 183-day rule even though the person ultimately spends the night in Florida.

Asset Protection Advantages for Florida Residency

Florida residency offers major asset protection advantages, including unlimited homestead protection from most creditors, strong protections for retirement accounts, and safeguards for life insurance and annuities. Florida’s generous asset protection laws make it one of the most favorable states for shielding personal wealth from legal claims.

The most well-known protection is the Florida homestead exemption, which protects a person’s homestead from forced sale by a judgment creditor. The homestead exemption is unlimited without any dollar cap. However, there is an acreage limit: 1/2 acre if the property is inside a city and 160 acres if in an unincorporated part of a county.

Florida also provides an expansive version of tenants by entireties, which can protect all types of property owned by a married couple from creditors of a single spouse. Property that can be owned by the entireties includes, for example, bank accounts, real estate, business interests, furniture, and certain equipment.

Florida law presumes that all personal property acquired by a married couple in Florida is tenants by entireties—in most cases, it is up to the creditor to rebut the presumption of entireties ownership.

Finally, Florida statutes exempt the earnings of the head of household, or head of family. Earnings can include wages, salary, commission, or bonus. A head of family is one who provides more than 50% of the financial support for someone they have a moral or legal duty to support (usually an immediate family member).

It is never too late to move to Florida to obtain protection from civil liability. Debtors may legally become Florida residents and protect money invested in a new Florida homestead property even after a money judgment is entered.

There are no civil or criminal penalties for moving to Florida after a creditor files a lawsuit. However, a possible complication exists if another state’s court has issued an injunction against the transfer of assets.

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.

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.

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.

Can you establish Florida residency without living there?

No. You cannot become a Florida resident without first living there. You will still be considered a resident of where you currently live. However, after you become a Florida resident, there is no set minimum time that you must remain physically in the state to maintain your residency.

What makes someone a legal resident of Florida?

You are generally considered a legal resident once you’ve moved to Florida with the intent to remain permanently and have taken specific steps such as obtaining a Florida driver’s license, registering to vote, and declaring residency on official documents.

How do I prove that I’ve established residency in Florida?

Proof of Florida residency may include your driver’s license, declaration of domicile, voter registration, vehicle registration, and evidence that Florida is your primary home, such as where you spend the majority of the year or where your family lives.

How long do I need to live in Florida to be considered a resident?

Florida does not require a minimum number of days for most residency purposes, but for tax reasons or tuition benefits, you may need to show you have spent at least 183 days in the state or maintained consistent ties.

Can I be a resident of two states at the same time?

No. You can only claim domicile in one state for legal and tax purposes, and Florida residency requires you to cut ties with your prior state of domicile.

What is the difference between residency and domicile?

Residency is where you live temporarily or seasonally, while domicile refers to your true, permanent home. Florida law focuses on your intent and actions to determine whether Florida is your legal domicile.

How do I avoid being taxed as a resident of another state?

To avoid taxation by another state, you must sever residency ties with that state and consistently maintain your legal presence in Florida. This may include selling a home in the former state, changing healthcare providers, and updating your estate planning documents.

Is a Florida Declaration of Domicile required to establish Florida residency?

A Declaration of Domicile is not mandatory but is often used to strengthen your legal claim that Florida is your primary and permanent home. It can help resolve disputes if another state challenges your residency.

Does Florida residency protect my assets from creditors?

Yes. Becoming a Florida resident entitles you to Florida-specific protections, including the homestead exemption and laws shielding retirement accounts and jointly owned property from most creditor claims.

Will moving to Florida affect my estate plan?

Florida will recognize estate plans that were properly done in another state. However, Florida has its own laws governing wills, trusts, and property ownership. If you relocate to Florida, your existing estate planning documents should be reviewed to ensure they make the most of available protections.