Maintaining Florida residency while cruising

[The Sun King]

A nephew of mine is a Florida native and owns a home and numerous real estate properties in his home county. He has mail delivered to his home, which is handled by his next door neighbor, his mom. For some years now he has worked overseas. On a recent visit home, during hunting season, he went to the sporting goods store to buy a new gun and was told he couldn't because he was "not a Florida resident." I suspect the Feds keeping track of his passport activity put the block on the sale. Apparently having a home address does not satisfy everybody as to your residence status.

[Montanan]

Originally Posted by The Sun King

A nephew of mine is a Florida native and owns a home and numerous real estate properties in his home county. He has mail delivered to his home, which is handled by his next door neighbor, his mom. For some years now he has worked overseas. On a recent visit home, during hunting season, he went to the sporting goods store to buy a new gun and was told he couldn't because he was "not a Florida resident." I suspect the Feds keeping track of his passport activity put the block on the sale. Apparently having a home address does not satisfy everybody as to your residence status.

Residency is a defined term that differs depending on the specific law and issue. And yes, gun permits would be yet another example. Boating, driving, voting, taxation, hunting, fishing, and add Covid-19 travel and quarantine regulations to the list, etc., etc.

One has to determine for what subject matter residency is a factor and then research the laws and regulations applicable to such for the jurisdiction(s).

Residency is seldom what one thinks it to be.

[Davy J]

On a recent visit home, during hunting season, he went to the sporting goods store to buy a new gun and was told he couldn't because he was "not a Florida resident."

Seems that there would be more details to this story...........

Per the FDLE website, Non-residents cannot purchase a handgun. However, non residents can purchase a long gun, like what would be used for hunting.

Maybe he did not maintain his drivers license or answered some question incorrectly on form 4473 ??

Plus, there is no "waiting period" to become a florida resident, it would seem that once you have an address and a DL, you are now a resident.......

In addition, if you have a Florida CC permit, there isn't even an address listed on it.

[Gerrit Coetzee]

Originally Posted by Davy J

Haven't done it because I maintain a residence year round even if I'm out for months. So hopefully someone with first hand experience will chime in.

But I think that most people use a mail forwarding service like St Brendan's Isle.

https://www.sbimailservice.com/

Click on the link to "Cruisers Home Port"

They give you a street address, you register to vote in that county and I also think they have you use the address for your DL.

Things may have changed some though, I seem to remember there was a push by some FL legislators to remove your voting privilege if you didn't actually reside in the county.

Thank you.
Food for thought

[SoloFL]

Reviving an old thread here. Late 50s, retired early. Wanting to cruise near full time (staying in global ports for up to a month each) while maintaining FL residency/domicile but not renting/owning using a mail forwarding service with physical address.

I own a condo in Midwest that my sister lives in but have established residency in FL, living with an elderly relative in need and established residency with relative's address with intent to "stay" in FL permanently. Have filed taxes last year with FL address, FL car plates, FL driver's license, registered to vote in FL all established. Will be meeting with FL lawyer to change will and discuss domicile but want to get better understanding before meeting with lawyer and ask the right questions.

Will stay with relative for another year or so depending on his health and his plans for moving to assisted living. Planning to cruise full time after leaving relative. Am hoping to maintain a domicile in FL (tax reasons) by using a mail forwarding service with physical address and travel world near full time, not staying in any country for more than a month. Full time RV'rs do this based in FL and apparently can't stay anywhere for more than a month but don't have to stay in FL more than 6 months.

I can be back in FL about every 3 months if I have to, but may only be for days or weeks, ideally no more than 2 months a year. May travel globally for a year or two until tired of it. Can I do this domicile approach and what are the restrictions? Will be confirming with lawyer at some point. The backup plan is buying a small condo near FL Atlantic port if I need to.

[jordanbigel]

I've used this mail forwarding service in the past (https://www.sbimailservice.com) and plan to use them again next year when I begin full time cruising again.

Last time, I travelled for 5 years and during that time never once re-visited Florida, after the initial visit to set this up. As far as I know, there are no requirements to return or remain in FL for any period of time.

Full time RV'rs do this based in FL and apparently can't stay anywhere for more than a month but don't have to stay in FL more than 6 months.

I do not believe this is accurate and would like to know where you got this information.

[Montanan]

There are no general rules for establishing residency in Florida. Residency is program specific. That is, it is attached to a specific purpose or need, such as, driver's license, vehicle / vessel registration, income taxes, sales / use taxation, voting, inheritance, family law, or in-state tuition.

So for each subject matter one has to discern the specific facts.

Therefore, make a list of applicable subject matters, then research and address each in order.

Very kind of you to be providing care to another and arranging your affairs with such commitment.

Best wishes.

[Montanan]

Originally Posted by SoloFL

Reviving an old thread here. Late 50s, retired early. Wanting to cruise near full time (staying in global ports for up to a month each) while maintaining FL residency/domicile but not renting/owning using a mail forwarding service with physical address.

I own a condo in Midwest that my sister lives in but have established residency in FL, living with an elderly relative in need and established residency with relative's address with intent to "stay" in FL permanently. Have filed taxes last year with FL address, FL car plates, FL driver's license, registered to vote in FL all established. Will be meeting with FL lawyer to change will and discuss domicile but want to get better understanding before meeting with lawyer and ask the right questions.

Will stay with relative for another year or so depending on his health and his plans for moving to assisted living. Planning to cruise full time after leaving relative. Am hoping to maintain a domicile in FL (tax reasons) by using a mail forwarding service with physical address and travel world near full time, not staying in any country for more than a month. Full time RV'rs do this based in FL and apparently can't stay anywhere for more than a month but don't have to stay in FL more than 6 months.

I can be back in FL about every 3 months if I have to, but may only be for days or weeks, ideally no more than 2 months a year. May travel globally for a year or two until tired of it. Can I do this domicile approach and what are the restrictions? Will be confirming with lawyer at some point. The backup plan is buying a small condo near FL Atlantic port if I need to.

FYI:

Florida Statutes, Chapter 222
HOMESTEAD AND EXEMPTIONS
Method Of Setting Apart Homestead And Exemptions
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.

(Note: This is not a complete statute. See full and complete Florida Statutes for additional information.)

TAXATION AND FINANCE
Florida Statutes, Chapter 196
[Property Tax; homestead exemption]

196.015 Permanent residency; factual determination by property appraiser. — Intention to establish a permanent residence in this state is a factual determination to be made, in the first instance, by the property appraiser. Although any one factor is not conclusive of the establishment or nonestablishment of permanent residence, the following are relevant factors that may be considered by the property appraiser in making his or her determination as to the intent of a person claiming a homestead exemption to establish a permanent residence in this state:

(1) A formal declaration of domicile by the applicant recorded in the public records of the county in which the exemption is being sought.

(2) Evidence of the location where the applicant's dependent children are registered for school.

(3) The place of employment of the applicant.

(4) The previous permanent residency by the applicant in a state other than Florida or in another country and the date non-Florida residency was terminated.

(5) Proof of voter registration in this state with the voter information card address of the applicant, or other official correspondence from the supervisor of elections providing proof of voter registration, matching the address of the physical location where the exemption is being sought.

(6) A valid Florida driver's license issued under s. 322.18 or a valid Florida identification card issued under s. 322.051 and evidence of relinquishment of driver's licenses from any other states.

(7) Issuance of a Florida license tag on any motor vehicle owned by the applicant.

(8) The address as listed on federal income tax returns filed by the applicant.

(9) The location where the applicant's bank statements and checking accounts are registered.

(10) Proof of payment for utilities at the property for which permanent residency is being claimed.

[Larry Florida]

An article about establishing Florida residency

https://www.kiplinger.com/retirement/601492/how-snowbirds-can-be-taxed-as-a-florida-resident#:~:text=Spend%20Most%20of%20Your%20Time%2 0in%20Florida&text=The%20majority%20of%20states%20 have,six%20months)%20in%20the%20state.

[PaulCrawhorn]

Join St Brendan's Isle

Ask their reco's and follow them

IRL practical POV, you'll be right.

better than parsing the actual law - which really can be an arse.

Escapees, nearly as good.

both retain lawyers to protect members' interests.

many members pretty powerful certainly wealthy

[Larry Florida]

Originally Posted by PaulCrawhorn

Join St Brendan's Isle

Ask their reco's and follow them

IRL practical POV, you'll be right.

better than parsing the actual law - which really can be an arse.

Escapees, nearly as good.

both retain lawyers to protect members' interests.

many members pretty powerful certainly wealthy

Read this two or three times. Difficult to piece it together. Probably good info tho.

[SoloFL]

Thanks for the various domicile info everyone. I'll be meeting with a lawyer next month to discuss my options.

Also need to determine insurance for long term travel. Considering GeoBlue and Cigna Global.

[ohdrinkboy]

Any friends in FL where you can say you are staying with them. Maybe pay them a few bucks to have mail sent to them, and they will hold?

[PaulCrawhorn]

Originally Posted by Larry Florida

Read this two or three times. Difficult to piece it together. Probably good info tho.

Feel free to ask a specific question for clarification

[Montanan]

SoloFl.

FYI: Snipets from: https://www.alperlaw.com/florida-ass...ida-residency/


"Florida residency can be claimed only by someone who primarily lives in Florida. Some people want to become Florida residents to escape state income tax and inheritance tax. Other people want to become Florida residents to take advantage of its asset protection laws.

The term “Florida resident” has different meanings under different parts of Florida law. For state income tax purposes, establishing residency in Florida requires physical presence in Florida most of the year [183 days]. For asset protection, there is no minimum occupancy requirement to be a Florida resident.

Instead, Florida residency for asset protection requires one to demonstrate an intent to maintain their primary residence in Florida. Florida courts consider various factors evidencing an intent to live in Florida.



Becoming a Florida resident means something different in terms of state income tax than it does in terms of Florida asset protection. Income tax residency is not a Florida issue because Florida has no income tax. This is a taxation issue for the state of one’s other residence, or prior residence.
The taxing state has the monetary incentive to retain one’s residency and deny Florida residence. The taxing state authority sets its rules for the qualification of Florida residency to avoid state taxation.
To become a Florida resident for taxes, you will need to be living in Florida for more than six months. A tax professional in the taxing state can explain the taxing state’s requirements and guidelines for determining whether or not you have become a Florida resident and not a resident of your former taxing state.
The 183 Day Rule for State Residency in Florida
Other states that do impose an income tax may have laws requiring a taxpayer to demonstrate an intent to live in a different state (such as Florida) for most of the calendar year. Many income tax states use a “183 Day Rule,” or a 6-month rule, to establish residency in Florida. Under the rule, the taxing states require that a person looking to declare residency in Florida must physically reside in Florida for at least 183 days (in other words, one day more than six months).


The 183-day rule refers to the amount of time someone must live and physically be present in Florida before being considered a Florida resident by a person’s former state of residence. Establishing part time residence in Florida for less than 183 days typically does not provide for changing your residency from the State you had previously established residency.


[B]There is no waiting period to establish Florida residency for asset protection purposes.[/B] As soon as you form the intent to make Florida your primary home, you are a Florida resident, and you are entitled to Florida’s asset protection benefits.
The rules are different for bankruptcy, however. Bankruptcy law imposes a two-year waiting period before a debtor may claim Florida’s exemptions in bankruptcy court.


Can you be a resident of two states?
A person can own multiple residences, but can only have one domicile. A domicile is your true home, where you intend as your family’s base.
However, in some rare situations, a person could be a resident of two states for state income tax purposes. This situation occurs when a person is domiciled in one state, but lives in another state for more than 183 days. This could cause the other state to impose income taxes.

My daughter has this two state issue, she now lives in Washington but her employer's office is in Portland Oregon to which she does go to work at from time to time. She has been working primarily from home [an architect just needs a computer], when she does work in Oregon she is subject to Oregon income taxation but when she works from home in Washington there is no State income taxation so her employer has to discern where her salary was earned on a daily basis. Now Oregon does not have any Sales or Use taxation, so guess where she does most of her shopping, yep travels across the bridge from Washington to purchase expensive goods and then drive back to Vancouver just a few miles from the stores in Oregon. The lack of State income taxation in Washington pretty much is equivalent to the mortgage payments for the home she just bought in Washington, having moved across the river from Oregon.

So the issue for income tax purposes is that unless you physically reside in Florida for most of the year, how do you become NOT a resident of a state that has been taxing your income. For that you will need to discuss with a tax professional with expertise of the laws of the State that imposed income taxation.

Best wishes. Now I got to get back to stocking the wood burning stove to keep the home warm, as the temperature is rapidly dropping below zero F. Wednesday night forecast to be minus 50 F wind chill, a tad bit too cool for my liking.

As to a prior post, the letters IRL typically means In Real Life and POV typically means Point Of View. Not sure who or what is / are referred to as "escapees". Parolled prisoners perhaps, Do parolees utilize the mail forwarding service because they haven't established a permanent abode?