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Florida Statute 222.17 | Lawyer Caselaw & Research
F.S. 222.17 Case Law from Google Scholar
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Link to State of Florida Official Statute Google Search for Amendments to 222.17

The 2023 Florida Statutes (including Special Session C)

Title XV
HOMESTEAD AND EXEMPTIONS
Chapter 222
METHOD OF SETTING APART HOMESTEAD AND EXEMPTIONS
View Entire Chapter
F.S. 222.17
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.

F.S. 222.17 on Google Scholar

F.S. 222.17 on Casetext

Amendments to 222.17


Arrestable Offenses / Crimes under Fla. Stat. 222.17
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 222.17.



Annotations, Discussions, Cases:

Cases from cite.case.law:

IN RE MENDOZA, 597 B.R. 686 (Bankr. S.D. Fla. 2019)

. . . . § 222.17(1)and Minick v. . . .

CRUZ- MARTINEZ v. HOSPITAL HERMANOS MELENDEZ, INC., 475 F. Supp. 2d 140 (D.P.R. 2007)

. . . Cruz filed a “Declaration of Domicile” under oath pursuant to § 222.17 Fla. . . .

L. Le n RIBAS, v. PONCE YACHT FISHING CLUB, INC., 315 F. Supp. 2d 156 (D.P.R. 2004)

. . . On July 22, 2002, Co-Plaintiff, León Ribas, filed a Declaration of Domicile under oath pursuant to § 222.17 . . .

LINDSEY, v. BOARD OF REGENTS, ACTING FOR AND ON BEHALF OF THE UNIVERSITY OF FLORIDA,, 629 So. 2d 941 (Fla. Dist. Ct. App. 1993)

. . . tuition status: she filed a declaration of domicile with the clerk of the court as required by section 222.17 . . . customarily file a sworn statement under oath with the clerk of the circuit court pursuant to section 222.17 . . . which is occupied by him as his residence, or has established a domicile in this state pursuant to s. 222.17 . . . state, which intent must have been filed with the Clerk of the Circuit Court, as provided by Section 222.17 . . . Likewise, the affidavit executed pursuant to section 222.17, Florida Statutes (1991), is also insufficient . . . In reversing a lower court judgment which determined that a student who had filed a section 222.17 affidavit . . .

FLORIDA BOARD OF REGENTS OF DEPARTMENT OF EDUCATION, DIVISION OF UNIVERSITIES, a v. S. HARRIS,, 338 So. 2d 215 (Fla. Dist. Ct. App. 1976)

. . . , 1972, when he was 19 years old, he filed a declaration of domicile and citizenship, under Section 222.17 . . .

B. SHEPARD, Jr. v. W. THAMES O. O. Jr. d b a a, 251 So. 2d 265 (Fla. 1971)

. . . 28.101, 28.12, 28.19, 28.24, 28.241, 28.242, 28.25, 28.28, 33.04, 34.04, 34.041, 45.031(1), 95.33, 222.17 . . .

FRITZ THOMPSON, INDIVIDUALLY AND AS SOLE BENEFICIARY OF THE ESTATE OF HELEN THOMPSON, DECEASED v. THE UNITED STATES, 136 Ct. Cl. 671 (Ct. Cl. 1956)

. . . the lots during the . years 1946 to 1949: Tear Net Profit 1946_$26,380. 82 1947_ 13, 762.33 1948_ 19, 222.17 . . .

ROYAL M. FAIRLAMB v. HOWARD L. FAIRLAMB, 156 Fla. 104 (Fla. 1945)

. . . declaring his intention of becoming a resident of the State of Florida under the provisions of Sec. 222.17 . . .