Florida Residency Requirements

A Florida resident is an individual who has established Florida as their permanent home or domicile with the intent to remain there indefinitely.

Establishing residency in Florida is attractive because the state has no income tax, strong asset protection laws, and offers discounted in-state tuition. However, the requirements for becoming a Florida resident vary depending on your goals. Different programs, like tax residency or tuition benefits, have specific requirements.

Key Requirements for Florida Residency

Florida law requires specific actions to prove residency, but these actions vary based on your goal:

Purpose	Requirements
Tax Residency	Reside in Florida for at least 183 days per year, obtain a Florida driver’s license, and cut significant ties with other states.
Asset Protection	Reside in Florida for at least 183 days per year, obtain a Florida driver’s license, cut significant ties with other states.
Tuition	Reside in Florida for at least 183 days per year, obtain a Florida driver’s license, and reduce significant ties with other states.

Steps to Establish Residency in Florida

No matter your purpose, following these steps can help you establish Florida residency:

1. Live in Florida for at least 183 days per year. Maintaining a physical presence is required. You can use utility bills or travel logs to document your time.
2. Obtain a Florida driver’s license or ID card. Do this as soon as you move.
3. Register to vote in Florida.
4. File a Declaration of Domicile.
5. Claim the homestead exemption on your property.
6. Use a Florida address on all legal paperwork, including tax returns and your passport.
7. Physically move valuable household items, such as artwork or jewelry, to your Florida home.
8. Maintain a physical mailing address, not a P.O. Box.

Certain documents can help prove that you’ve established Florida residency: a driver’s license, voter registration card, vehicle registration, utility bills, and travel records.

Florida Residency for Tax Purposes

To become a Florida resident for taxes, 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 where you are moving from 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.

Florida Residency for Asset Protection Purposes

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

To establish Florida residency for asset protection purposes, owning property is not enough. 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.

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. If you are under 24, your parents must provide similar proof of residency.

You can lose your Florida residency status if you ever do not live in the state within the previous 12 months.

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.

How Long Does It Take to Become a Florida Resident?

Many income tax states use a 183 Day Rule to establish state 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.

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.

Asset Protection Advantages for Florida Residency

Florida residents enjoy some of the best asset protection laws among any state in the country.

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?

Under federal law, dual residency is not allowed. You cannot be a resident of more than one state. You have own property in multiple states, but you can only be officially a resident of one of them.

A domicile is your true home, where you intend as your family’s base.

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?

No, you must surrender your out-of-state driver’s license and obtain a Florida driver’s license to establish legal residency in Florida.

What documents do you need to prove Florida residency?

To prove Florida residency, you need documents like a Florida driver’s license, vehicle registration, voter registration, and a Declaration of Domicile.

Do you have to file a Declaration of Domicile to establish residency in Florida?

Filing a Declaration of Domicile is not required to establish Florida residency, but it can help clarify your intent to make Florida your permanent home.

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.