The Florida Residency Checklist 

Florida Residency

Making the Move 

Relocating to the Sunshine State involves more than just packing a moving truck, it is a formal legal transition of “abandoning” your former domicile to fully adopt Florida as your home. While Florida’s lack of state income tax is a major draw, it also makes high-tax states more likely to scrutinize and challenge your move.

To ensure your move is smooth, legal and financial experts recommend a specific set of actions. While no “official” government list exists, these critical steps serve as the gold standard for proving your residency for tax, legal, and voting purposes. 

The Legal Essentials

The foundation of your relocation begins with The Legal Essentials, a series of time-sensitive steps that signal your formal commitment to the state. Your first priority should be filing a Declaration of Domicile with the Clerk of the Circuit Court in your new county, this sworn statement is a definitive way to prove your intent to stay. Next, you will need to handle your transit requirements, Florida law requires you to obtain a local driver’s license within 30 days and register your vehicle within 10 days of establishing residency. 

Furthermore, you must transition your civic duties by registering to vote in Florida. Crucially, this is a two-step process where you must also formally notify your previous state to cancel your registration there to avoid any claims of dual residency. Finally, if you have purchased a home, prioritize applying for the Homestead Exemption before the March 1st deadline. This vital filing does more than just lower your property tax bill, it unlocks powerful legal and asset protections that are a signature benefit of living in Florida. 

Financial Ties

Once the legal paperwork is filed, the next step is to anchor your financial life within the state. This starts with moving your primary banking to a Florida based institution or a local branch of a national bank. You should also physically relocate your valuables to a Florida safe deposit box, as the location of your most prized possession is a key factor in residency audits. From a tax perspective, consistency is everything.

You should ensure that you use your Florida address on your next IRS Form 1040 and file a final “part-year” return in your previous state to clearly mark the date of your departure. Finally, don’t forget to update your Social Security, Medicare, and insurance policies. These updates not only ensure uninterrupted coverage and benefits but also create a robust paper trail that confirms Florida is your one and only permanent home. 

Lifestyle & The “Breadcrumbs” Test

The final phase of your relocation is about more than logistics, it’s about creating a paper trail of intent. At the heart of this is the 183-Day Rule. While Florida does not impose a minimum stay, your former state likely will, making it vital to spend at least six months and a day here. Make sure to maintain a detailed travel log or calendar to prove your whereabouts if needed.

Furthermore, auditors look at where you keep your “near and dear” items. Physically moving family heirlooms, photo albums, and expensive art to Florida is a critical sign that you have truly abandoned your old home. Similarly, you should shift your social centre of gravity by joining local churches, gyms, or social clubs and ensuring your professional licenses are transferred to Florida. 

Solidifying your residency often comes down to the smallest administrative details. Updating your billing addresses, passport, and even your pet’s county license may seem minor, but they are vital pieces of evidence. Simultaneously, you must protect your assets by having a local attorney update your estate planning documents to satisfy specific Florida legal requirements. To wrap up your transition, ensure your travel habits reflect your new reality. Flying in and out of Florida airports and using your local address for travel registries provides the consistent documentation needed to satisfy tax audit requirements.

A Common Mistake

One of the most common oversights is failing to formally “abandon” your former state. If you are relocating from a jurisdiction with a highly aggressive tax department, such as New York, New Jersey, or California, it is wise to take a proactive approach. Consider sending a certified letter to their tax agency explicitly stating that you have permanently relocated. This small, documented step can be a vital piece of evidence if your former state attempts to claim you are still a resident for tax purposes.

To ensure your relocation is legally compliant and financially sound, industry experts recommend a targeted set of actions. Don’t leave the details to chance—connect with our advisory team to secure your move

The law is a constantly evolving field, and the content herein may not reflect the most current legal developments, statutes, or case law. 

This publication is intended for general informational and educational purposes only and does not constitute legal advice, nor does it create an attorney-client relationship between EPGD Business Law and any reader.


Before acting on any information contained in this publication, you should seek legal, financial, or tax advice from a qualified professional. For specific legal guidance, please reach out to our firm to contact any of our attorneys.

EPGD Business Law is located in beautiful Coral Gables. Call us at (786) 837-6787, or contact us through the website to schedule a consultation.

*Disclaimer: this blog post is not intended to be legal advice. We highly recommend speaking to an attorney if you have any legal concerns. Contacting us through our website does not establish an attorney-client relationship.*

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Eric Gros-Dubois

Founding partner Eric Gros-Dubois established EPGD Business Law in 2013. With over a decade of experience expanding the firm and leading it to its current success, Eric now primarily manages the corporate division of EPGD. Given Eric’s educational background, holding both a JD and MBA, combined with his own unique experience of starting a business from scratch and growing it to a multi-million dollar firm, he brings a specialized and invaluable perspective to those seeking legal assistance for themselves and their businesses. Having now instilled his same values in our team of skilled corporate associates, Eric leads a firm that is always ready, willing, and equipped to handle any and every legal matter that a business owner may have.

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