The Florida Declaration of Domicile
Zacharia Frey PLLC. Updated November 2026.
A Declaration of Domicile is a sworn statement, recorded with the clerk of the circuit court in your Florida county, that you live in Florida and intend to keep it as your permanent home. It does not make you a resident by itself. It is written evidence of your intent, and it is the first document a former state's auditor will expect to see.
What it says
Florida law lets a person who has established a domicile in Florida file a sworn statement with the clerk of the circuit court in the county where they live, showing that they reside in and maintain a place of abode in that county and recognize and intend to keep it as their permanent home. The statement becomes part of the county's public record.
A version written for snowbirds
The same statute has a second form for people who keep a home in another state. They swear that their Florida home is their predominant and principal home. If you still own the house up north, this is the declaration that fits your facts.
What it does not do
It does not override the facts. A person who files a declaration and still lives, votes, and banks in New Jersey has not moved. The declaration works because it agrees with everything else: your license, your voter card, your homestead exemption, and your estate plan.
Who should file one
Anyone leaving a state with an income or estate tax, anyone who keeps a home in the old state, and anyone whose Amendment 3 timing may matter. It costs little, and it dates your intent in the public record.
How we handle it
We prepare the declaration as part of every Floridize Review where it is missing, have it signed under oath, and record it in your county, alongside the Florida estate plan that says the same thing.
Common questions
- Does a Declaration of Domicile make me a Florida resident?
- Not by itself. It is sworn evidence of your intent. Residency comes from the whole picture of where your life is centered.
- Can I file a Declaration of Domicile if I still own a home in another state?
- Yes. Section 222.17 has a form for people who keep a home in another state: they swear that their Florida home is their predominant and principal home.
- Where do I file a Declaration of Domicile?
- With the clerk of the circuit court in the Florida county where you live, as the statute says. Broward County is the exception in practice: its official records, including the declaration, are recorded by the county's Records, Taxes and Treasury Division.
- Do I need a lawyer to file one?
- No. Many people file one as part of updating their estate plan so the documents agree with each other.
Law cited on this page
- § 222.17, Fla. Stat. (Florida Statutes)
General information about Florida law, not legal advice for your situation. Reading it does not create an attorney-client relationship.