What Is a Florida Declaration of Domicile?
A declaration of domicile is a sworn statement, filed with the clerk of the circuit court under section 222.17, Florida Statutes, that shows a person has made Florida a permanent home. It is one way to evidence domicile, and the statute states that it does not replace other ways of proving domicile.
Section 222.17(1) allows a person who has established a Florida domicile to file a sworn statement in the county of residence. The statement says the person resides in and maintains a place of abode in that county and intends to keep it as a permanent home.
People who also keep a home in another state may use subsection (2). Their statement says the Florida home is their predominant and principal home and that they intend to continue it permanently as such. Under subsection (3), the declaration must also state that the person is a bona fide Florida resident, give the Florida residence, list the city, county, and state of former residence, and identify any other places of abode.
The declaration must be signed under oath before an official authorized to take affidavits. The clerk records it and collects a service charge set by section 28.24. The Department of Legal Affairs prescribes the form. In Brevard County, the Clerk of Court lists declarations of domicile among the documents it records.
Section 222.17(4) also allows a person who lives part time in Florida to file a statement that domicile remains in another state. Domicile can matter for estate planning, probate venue, and the homestead exemption.
This post is for informational purposes only and does not constitute legal advice or create an attorney-client relationship. Always consult a licensed attorney in your jurisdiction for advice tailored to your circumstances.
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