Florida Statutes

Fla. Stat. § 222.17 (2025)

Manifesting and evidencing domicile in Florida.

✓ 2025 Florida Statutes — current through the 2025 Regular Session

Find cases: SyfertCases citing this section FL-LEGleg.state.fl.us JustiaFla. Statutes CornellLII Search CasesGoogle Scholar

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.

Notes of Decisions

Cited in 8 cases, 1976–2019 · leading case: In re Mendoza, 597 B.R. 686 (Bankr. S.D. Florida 2019).

Sort: Relevance Newest Treatment

In re Mendoza, 597 B.R. 686 (Bankr. S.D. Florida 2019). · cites it 2× “Compare Fla. Stat. § 222.17 (1) and Minick v. Minick , 111 Fla.”

Lindsey v. Bd. of Regents, 629 So. 2d 941 (Fla. 1st DCA 1993). · cites it 8× “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.”

Cruz-martinez v. Hosp. 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. Stat. stating that he became a resident of the State of Florida on June 7, 2004, and that he resides at: 1109 Pine Sapp Court, Orlando, Florida 32825.”

Fla. Bd. of Reg. of Dept. of Ed. v. Harris, 338 So. 2d 215 (Fla. 1st DCA 1976). · cites it 2× “On March 30, 1972, when he was 19 years old, he filed a declaration of domicile and citizenship, under Section 222.17, Florida Statutes. Further demonstrating his intention to become a domiciliary of Florida, he registered to vote and established a bank account in Leon County,…”

Est. of Paquette v. Comm'r, 46 T.C.M. 1400 (Tax Ct. 1983). · cites it 3× “17, Florida Statutes , did on the 22nd day of March 1957 make a declaration of domicile and citizenship, said declaration being recorded on March 22, 1957 in Official Records Book 214, page 20, Public Records of Orange County, Florida, under the mistaken impression and with the…”

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, Fla. Stat. stating that he became a resident of the State of Florida on June 13, 2002 and that he resides at 5536 Metro West Boulevard, Apt.”

In Re Tr.'s Sale of Real Prop. of Brown, 250 P.3d 134 (Wash. Ct. App. 2011). “On the eve of oral argument, the parties stipulated to four other documents being added to the record of this appeal: (1) a Florida declaration of domicile filed by the *136 Browns on May 10, 2008; (2) Florida's domicile statute, section 222.17 Florida Statutes; (3) a Walgreens'…”

Wells Fargo Bank, NA v. Brown, 161 Wash. App. 412 (Wash. Ct. App. 2011). “On the eve of oral argument, the parties stipulated to four other documents being added to the record of this appeal: (1) a Florida declaration of domicile filed by the Browns on May 10, 2008; (2) Florida’s domicile statute, Fla. Stat. § 222.17 ; (3) a Walgreens’ prescription…”

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.