Establishing A Florida Residency

How to Establish Florida Residency

Florida's lack of state income tax makes it one of the most attractive places to call home, especially if you're leaving a high-tax state like New York, California, or New Jersey. But simply buying a condo in Miami doesn't make you a Florida resident. Here's what you actually need to do.

Why It Matters

States such as New York, Illinois, and California often try to keep taxing former residents and use various tests to determine if they can still claim you for tax purposes. If you don't properly establish Florida residency, your former state may challenge your move and pursue you for income taxes you thought you'd escaped. Alper Law

The 183-Day Misconception

Many people mistakenly believe that you must live in Florida for six months and one day to become a resident. In reality, Florida has no such requirement. The 183-day rule actually comes from the state you're leaving. It's their test for determining if you've truly left, not Florida's requirement for entry. Alper Law

The Essential Steps

1. Get a Florida Driver's License

You must obtain a Florida driver's license within 30 days of establishing residency. This is one of the strongest indicators of your intent to make Florida your home. You'll need proof of identity, your Social Security number, and two proofs of your Florida address. Make Florida Your Home 

2. Register Your Vehicle

You must register your vehicle in Florida and obtain Florida car insurance within 10 days of establishing residency. If you own cars or boats, registering them in Florida demonstrates long-term intent. Make Florida Your Home 

3. File a Declaration of Domicile

Florida is one of a handful of states that allows you to record a Declaration of Domicile in the public records of your new Florida county of residence. This document isn't required, but it's an easy way to establish your residency and is especially recommended if you split time between Florida and another state. The form needs to be notarized and recorded with your county clerk's office. 2 College Brothers

4. Register to Vote

Registering to vote in Florida is a significant action that demonstrates your intent to integrate into the state. You can register when you get your driver's license.

5. Establish a Primary Residence

Whether you're buying or renting, you need a place to call home. If you purchase property, apply for Florida's homestead property tax exemption by March 1st. This saves you money and serves as additional evidence of residency.

Additional Steps to Strengthen Your Case

• Update your mailing address with the IRS, banks, and financial institutions

• Move your bank accounts to Florida-based branches

• Find Florida-based doctors, dentists, and other professionals

• Join local clubs, churches, or organizations

• File a Declaration of Non-Domicile in your former state if available

The Bottom Line

According to landmark Florida cases like Bloomfield v. St. Petersburg Beach, establishing domicile requires both a clear intention to remain indefinitely and overt actions, such as moving your household goods and establishing your primary affairs in Florida. Savvynomad

The key is demonstrating intent through concrete actions, and then actually spending your time in Florida. That's where tracking your days becomes critical. Your former state will be watching, and the real challenge comes from the state you are leaving. Alper Law

Need help tracking your residency days? iReside automatically monitors your location so you always know exactly where you stand and can prove it if your former state comes knocking.