The protection afforded by the Florida homestead exemption has adapted over time, causing some to refer to it as “Florida’s legal chameleon.” For example, the state constitution was amended in 1984 to delete the requirement that the homestead by owned by a “head of family.” Now, any individual owning a home in the state can potentially qualify for homestead protection.
But there are some limitations, one of which is most prominent: Only Florida residents can claim homestead exemption. And resident status has both an objective and a subjective component. To become a resident, a person must both reside in state (objective component) with the intent of residing there permanently (subjective component).
The subjective component is necessarily hard to measure. Who can say whether a person really intends to reside in an area permanently? To help avoid questions about subjective intent, Florida law provides a mechanism for establishing homestead. Fla. Stat. § 222.17 provides:
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.
This allows a person to evidence his or her intent to reside in Florida by filing a sworn statement (affidavit) with the county clerk.
Fla. Stat. § 222.17 also deals with individuals that maintain homes in multiple states. That section provides:
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.
This procedure is similar to the general affidavit, except that the person filing must also swear that the Florida residence is the person’s “predominant and principal home.”
About Jeramie Fortenberry
