Florida Statute 222.17 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XV
HOMESTEAD AND EXEMPTIONS

Chapter 222
METHOD OF SETTING APART HOMESTEAD AND EXEMPTIONS

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222.17 Manifesting and evidencing domicile in Florida.—

(1) Any person who shall have established a domicile in this state may manifest and evidence the same by filing in the office of the clerk of the circuit court for the county in which the said person shall reside, a sworn statement showing that he or she resides in and maintains a place of abode in that county which he or she recognizes and intends to maintain as his or her permanent home.

(2) Any person who shall have established a domicile in the State of Florida, but who shall maintain another place or places of abode in some other state or states, may manifest and evidence his or her domicile in this state by filing in the office of the clerk of the circuit court for the county in which he or she resides, a sworn statement that his or her place of abode in Florida constitutes his or her predominant and principal home, and that he or she intends to continue it permanently as such.

(3) Such sworn statement shall contain, in addition to the foregoing, a declaration that the person making the same is, at the time of making such statement, a bona fide resident of the state, and shall set forth therein his or her place of residence within the state, the city, county and state wherein he or she formerly resided, and the place or places, if any, where he or she maintains another or other place or places of abode.

(4) Any person who shall have been or who shall be domiciled in a state other than the State of Florida, and who has or who may have a place of abode within the State of Florida, or who has or may do or perform other acts within the State of Florida, which independently of the actual intention of such person respecting his or her domicile might be taken to indicate that such person is or may intend to be or become domiciled in the State of Florida, and if such person desires to maintain or continue his or her domicile in such state other than the State of Florida, the person may manifest and evidence his or her permanent domicile and intention to permanently maintain and continue his or her domicile in such state other than the State of Florida, by filing in the office of the clerk of the circuit court in any county in the State of Florida in which the person may have a place of abode or in which the person may have done or performed such acts which independently may indicate that he or she is or may intend to be or become domiciled in the State of Florida, a sworn statement that the person’s domicile is in such state other than the State of Florida, as the case may be, naming such state where he or she is domiciled and stating that he or she intends to permanently continue and maintain his or her domicile in such other state so named in said sworn statement. Such sworn statement shall also contain a declaration that the person making the same is at the time of the making of such statement a bona fide resident of such state other than the State of Florida, and shall set forth therein his or her place of abode within the State of Florida, if any. Such sworn statement may contain such other and further facts with reference to any acts done or performed by such person which such person desires or intends not to be construed as evidencing any intention to establish his or her domicile within the State of Florida.

(5) The sworn statement permitted by this section shall be signed under oath before an official authorized to take affidavits. Upon the filing of such declaration with the clerk of the circuit court, it shall be the duty of the clerk in whose office such declaration is filed to record the same in a book to be provided for that purpose. For the performance of the duties herein prescribed, the clerk of the circuit court shall collect a service charge for each declaration as provided in s. 28.24.

(6) It shall be the duty of the Department of Legal Affairs to prescribe a form for the declaration herein provided for, and to furnish the same to the several clerks of the circuit courts of the state.

(7) Nothing herein shall be construed to repeal or abrogate other existing methods of proving and evidencing domicile except as herein specifically provided.

History.—ss. 1, 2, 3, 4, 5, 6, ch. 20412, 1941; s. 1, ch. 26896, 1951; ss. 11, 35, ch. 69-106; s. 15, ch. 70-134; s. 1204, ch. 95-147.

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Amendments to 222.17

Annotations, Discussions, Cases:

Cases Citing Statute 222.17

Total Results: 3 | Sort by: Relevance | Newest First

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Fla. Bd. of Reg. of Dept. of Ed. v. Harris, 338 So. 2d 215 (Fla. 1st DCA 1976).

Cited 2 times | Published | Florida 1st District Court of Appeal

...He entered Florida State University during the school terms of 1970-71 and 1971-72, and worked during the summers, both in Florida and New Jersey. On March 30, 1972, when he was 19 years old, he filed a declaration of domicile and citizenship, under Section 222.17, Florida Statutes....

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Lindsey v. Bd. of Regents, 629 So. 2d 941 (Fla. 1st DCA 1993).

Cited 2 times | Published | Florida 1st District Court of Appeal | 1993 WL 504490

..., Florida Statutes [1] and rule 6C-7.005, Florida Administrative Code. [2] Lindsey complied with the statutory and rule requirements to establish in-state tuition status: she filed a declaration of domicile with the clerk of the court as required by section 222.17, and presented the documents suggested by rule 6C-7.005....

...ily obtained by both resident and nonresident students. This is factually unsupported by the record. There is no record evidence that out-of-state students customarily file a sworn statement under oath with the clerk of the circuit court pursuant to section 222.17, Florida Statutes (1991), evidencing an intent to make Florida their domicile....

...Although the documentary items listed at footnote 3 of the majority opinion are compelling evidence that she had become a Florida "resident," they do not compel a finding that the appellant intended to make Florida her "permanent home." Likewise, the affidavit executed pursuant to section 222.17, Florida Statutes (1991), is also insufficient to compel a finding that the appellant was domiciled in Florida. See Harris, 338 So.2d at 215. In reversing a lower court judgment which determined that a student who had filed a section 222.17 affidavit was entitled to status as a resident for tuition purposes, we said: During the years when a student is entering and attending college his plans for future residence are usually vague and uncertain and sometimes fanciful....

...(1) As defined in this section: (c) A "legal resident" or "resident" is a person who has maintained his residence in this state for the preceding year, has purchased a home which is occupied by him as his residence, or has established a domicile in this state pursuant to s. 222.17....

...It is recommended that the application for reclassification be accompanied by a certified copy of a declaration of intent to establish legal domicile in the state, which intent must have been filed with the Clerk of the Circuit Court, as provided by Section 222.17, Florida Statutes....

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In re Mendoza, 597 B.R. 686 (Bankr. S.D. Fla. 2019).

Cited 1 times | Published | United States Bankruptcy Court, S.D. Florida.

...1997) (determining a debtor's domicile for 522(b) purposes by reference to In re Hodgson ). That distinction is not significant here because Florida law and federal law similarly distinguish a person's domicile from a person's residence by reference to permanency. Compare Fla. Stat. § 222.17 (1) and Minick v....