In Florida, the courts have ruled that your legal residence is determined by your intention. Therefore, if you come to Florida with the intention of making this state your primary residence then you are a Florida resident and are entitled to the advantages and privileges that go along with it. Sounds easy doesn’t it?
However, in many cases it is difficult to determine exactly what a person’s intentions are. That’s why it’s important to provide clear evidence of your intention to become a Florida resident. In this chapter you will learn the procedure necessary to prove your intention to establish residency and the small details that will be helpful to convince your former state of residence that you no longer reside there.
Once you make the decision to become a Florida resident, you should make sure that everything about you shows that you are a Floridian. For example: a Florida resident is not registered to vote in Massachusetts; a Florida resident does not carry a Michigan drivers license; a Florida resident does not own or drive around in a car registered in Ohio; and a Florida resident does not root for the Yankees. O.K., maybe you can get by with that last one. Adherence to the following procedures will provide solid evidence of your intent to be a resident of Florida.
Declaration of Domicile. Upon making Florida your permanent residence, you should execute and file with the clerk of circuit court in the county where you reside, a Declaration of Domicile. This document is a sworn statement stating that you reside in and maintain a place of abode in the Florida county of your residence and that you intend to maintain such residence as your permanent home. If you also have a residence or residences in other states, you may disclose them and declare that the Florida residence constitutes your predominant and principal home.
Obtain a Florida Driver’s License. Florida law requires that you obtain a Florida driver’s license within 30 days after becoming a resident of Florida if you operate a motor vehicle on the highways of this state. To obtain a Florida driver’s license, you must present evidence of your identification, proof of your date of birth and your social security number.
Depending on which state you are from, you may be able to use your former state’s driver’s license as a primary identification document. If you have an out-of-state license and it has not expired beyond 30 days, you may be able to convert it to a Florida license without taking a written or road test.
Vehicle Title and Registration. You must apply for a Florida certificate of title for any vehicle you own and operate in the state of Florida. Your vehicle must be registered within ten days of establishing residency. To register your vehicle you must submit the original title and proof of Florida insurance to the county tax collector. If you are registering the vehicle in Florida for the first time, Florida law requires payment of a $100 initial registration fee in addition to the basic registration fees. You are required to register your car every year. The registration period begins the first day of the owner’s birth month and ends on the owner’s birthday.
Voter Registration. One of the best ways to evidence your intention to reside in Florida is to register to vote in the Florida county where you reside and to participate in local, state and federal elections as a Florida voter. You may register with the county Supervisor of Elections when the voter registration books are open. The books close 30 days before an election and reopen following the election. Also, in most counties, selection for jury duty is taken from the roll of registered voters.
Wills and Estate Planning. You should have a will prepared by a Florida attorney which complies with Florida law and represents that you are a resident of Florida. This will revoke your prior will and make sure that your estate is distributed according to your wishes with the least amount of complications and delay. If you have a revocable trust, it should be reviewed by a Florida attorney to determine whether its terms comply with the laws of this state and whether it will be interpreted under Florida law in such a manner as to carry out your wishes.
Tax Filings. Federal income tax returns should be filed in Atlanta, Georgia. As a Florida resident, you must also file Florida tangible and intangible tax returns, if applicable.
Memberships and Affiliations. You should cancel your memberships in and affiliations with Churches, organizations and clubs in your previous state of residence or transfer them to Florida, if applicable.
Other items which can be used to evidence your intent to make Florida your primary place of residence are:
Location of your bank accounts, safe deposit boxes and securities.
Children’s school attendance
Business interests and activities
Percentage of time spent in each state
Posts Tagged ‘Florida’
How to Become a Florida Resident
Monday, November 22nd, 2010Florida Laws on Uninsured Driver Accidents
Thursday, November 11th, 2010You pay your insurance premiums every month so that if you or another driver is seriously injured, you are covered. So nothing seems more unfair than being injured or having vehicular damage at the hands of an uninsured motorist. Unfortunately with today’s economic climate, your chances of being hit by an uninsured driver in Florida are 23 percent, according to the Insurance Research Council, and likely to increase to 28 percent by 2010.
Because the state of Florida does not require drivers to carry bodily injury insurance, the chances of you having an accident with someone who is not fully protected or prepared to fully protect others is increased. If you’ve had an accident with an uninsured driver in the Orlando area, the best way to protect your rights is to contact a car accident lawyer.
The state of Florida is a no-fault state and requires its drivers to carry Personal Injury protection (PIP) and property damage insurance. However, the amounts required by law are low. So, even though you think you are fully covered by the minimum legal insurance requirements, you may be surprised when coverage is insufficient to cover your injuries. To prevent such an occurrence, Florida drivers should have the following coverage to be fully protected in the event of an accident:
As a no-fault state, if you are injured in a car crash in Florida, your insurance will pay the following, up to your insurance limits, whether you were the responsible party or not:
Bodily injury liability is not required by Florida law, so if a driver causes an accident and can not afford to pay for the damages, then the driver must purchase bodily injury liability for the future and show proof of that insurance.
To learn more about Florida law or how to choose an attorney after a car accident in the Orlando area, please visit the website of Florida personal injury attorneys Colling Gilbert Wright & Carter.
Broward County Florida, Martial Law at Its Best
Thursday, November 11th, 2010In Florida, my sons friend Andy, missed the first 3 days of school this week because he was very sick. He attends Pompano Beach High. during these same 3 days some kid phoned in a Bomb threat for 2 of these days. Andy is an honors student and works when he is not in school in order to help his grandmother who he lives with. Yesterday while in school Andy was called to the principals office and he thought it was because of the three day absence he just had. Upon arriving there he was arrested and put in jail. Today was his arraignment, the judge said because he was a flight risk that Andy will remain in jail until his trial.
This isn’t a one time thing in Broward County. Last year my son found out while he was at Radio Shack that the kid that came along with him for the ride had stolen 2 cell phones, so what did Jake do? He turned these in to the security officer. The store decided to claim these on insurance and had to file a police report. So they charged my son with Grand Theft because he was the only person they knew. My Son, after about 7 months, ended up having to pay a reimbursement of $350 and all this for trying to do the right thing.
My wife and I fell victims to a Nigerian scam. We were paid for some computer accessories with stolen checks. I was arrested after trying to cash the funds and had to spend almost a month in jail. For the next 3 years Broward County decided to prosecute us. I lost my business and several jobs because of the three years in their Justice system.Ended up having to cop pleas in order to end this entire ordeal. Me for petty theft and my wife for trespassing. Coincidentally the arresting officer in our case was the one who forced a guy in jail to admit to all these crimes just so they could close the books on them.
The sheriff of Broward county has no experience himself in Law enforcement, he was a Senator before running for sheriff. He speaks very eloquently to the press but in real life he does just the opposite.BSO is famous for forcing innocent people to confess to crimes they never committed:. They will bully you and do everything at their means to make you guilty. Nazi Germany probably had more rights for its people than BSO.
Things like this exist all over our country but what is ever done about these true criminals, the law makers and the people who work for them? We are the richest country in the world but is this value based on legal wealth or by wealth created by hurting others? We have the largest percentage of its people incarcerated worldwide. Laws are made only to find a reason to incarcerate the people that can’t be charged with anything else.