Key Takeaways
- The Declaration of Domicile is a sworn legal statement that Florida is your permanent home
- Filing is highly recommended but not strictly required by law
- File with the Clerk of Courts in any Florida county (typically where you have your address)
- Cost is approximately $10 recording fee plus optional certified copy fees
What is a Declaration of Domicile?
A Florida Declaration of Domicile is a sworn legal document filed with the county Clerk of Courts that formally declares Florida as your permanent home and place of domicile. It's a public record that demonstrates your intent to make Florida your legal residence.
Why File a Declaration of Domicile?
While not strictly mandatory, filing a Declaration of Domicile provides significant benefits:
Legal Protection
- Audit defense: Strong evidence against home state tax audits
- Clear intent: Documents your intention to make Florida your permanent home
- Official record: Creates dated, notarized public record of your domicile
- Rebuts presumptions: Helps overcome any presumption of residency in your former state
Practical Benefits
- DMV acceptance: Some DMV offices request it as additional residency proof
- Financial institutions: Banks may request it for account address changes
- Homestead exemption: Required for some county homestead exemption applications
- Estate planning: Establishes domicile for inheritance and probate purposes
What the Declaration Contains
A Florida Declaration of Domicile typically includes:
- Your full legal name
- Your Florida residential address
- A statement that you are a bona fide resident of Florida
- A statement that Florida is your permanent home
- A statement that you intend to maintain Florida as your legal domicile
- Your previous state of residence (optional but recommended)
- Your signature, witnessed and notarized
- Date of execution
How to File Your Declaration of Domicile
Step 1: Prepare the Document
You can obtain a Declaration of Domicile form from:
- Your county Clerk of Courts website
- The Clerk's office in person
- An attorney (for customized declarations)
- Your Tax Base (we prepare and file on your behalf)
Step 2: Complete the Form
Fill in all required information, but do NOT sign yet - you must sign in front of a notary.
Step 3: Get Notarized
The Declaration must be signed in the presence of:
- A notary public who will notarize your signature, AND
- Two witnesses who will also sign the document
Step 4: File with the Clerk of Courts
Submit your notarized Declaration to the Clerk of Courts. You can file:
- In person: At any Florida county Clerk of Courts office
- By mail: Send to the Clerk's office with recording fee
- Through a service: Your Tax Base files on your behalf
Step 5: Receive Confirmation
After filing, you'll receive:
- Recording information: Book and page number or document number
- Certified copy: Request this for your records (additional $1-2 per page)
- Filing receipt: Proof of filing date
Filing Costs
| Item | Typical Cost |
|---|---|
| Recording fee | $10.00 |
| Notarization (if done at Clerk's office) | $10-15 |
| Certified copy (optional but recommended) | $1-2 per page |
| Total typical cost | $20-30 |
Which County Should You File In?
You should file your Declaration of Domicile in the county where your Florida address is located. For Your Tax Base clients, this is the county of your assigned residential address.
While you can technically file in any Florida county, filing in your address county:
- Creates the strongest documentation
- Is consistent with your other Florida records
- Makes retrieval of records easier if needed later
After Filing: What Happens Next?
Your Declaration Becomes Public Record
Once recorded, your Declaration is part of the official public records. This means:
- It has an official recording date and document number
- It can be retrieved by anyone (including tax authorities) as proof of your filing
- It remains on file permanently
Keep Your Certified Copy
Store your certified copy safely. You may need it for:
- State tax audit defense
- Homestead exemption application
- Financial institution requests
- Estate planning purposes
When Should You File?
File your Declaration of Domicile as soon as practical after:
- Obtaining your Florida residential address
- Getting your Florida driver's license
- Making the decision to establish Florida domicile
The sooner you file, the earlier your official domicile date is documented. This is especially important if you're leaving a high-tax state mid-year.
Common Questions
Do I Need to File One Every Year?
No. Your Declaration of Domicile is a one-time filing. You do not need to renew or refile annually. The original filing remains valid and on record.
What If I Already Filed in Another County?
You only need one Declaration on file. If you previously filed in a different Florida county, you don't need to file again unless you want updated documentation (such as a new address).
Can I File From Out of State?
Yes. You can get the document notarized anywhere and mail it to the Florida Clerk of Courts for recording. Online notarization is also an option.