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Chapter 222 — Property Exempt from Creditors

Florida Statute 222.17

“Manifesting and evidencing domicile in Florida”

What it means

Section 222.17 lets a person who has established a Florida domicile manifest and evidence it by filing a sworn statement with the clerk of the circuit court in the county where the person resides. The statement says the person resides in and maintains a place of abode in that county that they recognize and intend to maintain as their permanent home.

A person who keeps other homes in other states may state that the Florida abode is the predominant and principal home and that they intend to continue it permanently. The statement must also declare bona fide residency and list where the person lived before and any other places of abode.

The section works in reverse too. A person domiciled in another state who has a Florida abode, or who does things in Florida that might suggest Florida domicile, may file a sworn statement naming the other state as their permanent domicile.

The statement is signed under oath before an official authorized to take affidavits. The clerk records it and collects the service charge in s. 28.24. The Department of Legal Affairs prescribes the form. Other ways of proving domicile remain available.

— What it says
  • A person who has established a Florida domicile may file a sworn statement with the circuit court clerk in the county of residence. (§ 222.17(1))
  • A person with other homes may declare the Florida abode the predominant and principal home, intended to continue permanently. (§ 222.17(2))
  • The statement declares bona fide residency and lists the person's residence, former residence, and any other places of abode. (§ 222.17(3))
  • A person domiciled in another state may file a sworn statement in a Florida county naming that state as their permanent domicile. (§ 222.17(4))
  • The statement is sworn before an official authorized to take affidavits, and the clerk records it for the s. 28.24 service charge. (§ 222.17(5))
  • The section does not repeal other methods of proving domicile. (§ 222.17(7))

Text of the statute (2026)

§ 222.17(1)
(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.
§ 222.17(2)
(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.
§ 222.17(3)
(3) Such sworn statement shall contain, in addition to the foregoing, a declaration that the person making the same is, at the time of making such statement, a bona fide resident of the state, and shall set forth therein his or her place of residence within the state, the city, county and state wherein he or she formerly resided, and the place or places, if any, where he or she maintains another or other place or places of abode.
§ 222.17(5)
(5) The sworn statement permitted by this section shall be signed under oath before an official authorized to take affidavits. Upon the filing of such declaration with the clerk of the circuit court, it shall be the duty of the clerk in whose office such declaration is filed to record the same in a book to be provided for that purpose. For the performance of the duties herein prescribed, the clerk of the circuit court shall collect a service charge for each declaration as provided in s. 28.24.
§ 222.17(6)-(7)
(6) It shall be the duty of the Department of Legal Affairs to prescribe a form for the declaration herein provided for, and to furnish the same to the several clerks of the circuit courts of the state. (7) Nothing herein shall be construed to repeal or abrogate other existing methods of proving and evidencing domicile except as herein specifically provided.

Excerpts are the subsections the summary relies on. Read the full official text of § 222.17.

History. ss. 1, 2, 3, 4, 5, 6, ch. 20412, 1941; s. 1, ch. 26896, 1951; ss. 11, 35, ch. 69-106; s. 15, ch. 70-134; s. 1204, ch. 95-147.

— In a Florida probate

How it applies

A declaration under s. 222.17 is a sworn statement of the person's domicile and intent, signed under oath before an official authorized to take affidavits and recorded by the clerk of the circuit court (§ 222.17(5)). The statute describes it as a way to “manifest and evidence” domicile and states that other methods of proving domicile are not repealed (§ 222.17(7)). The Department of Legal Affairs prescribes the form (§ 222.17(6)).

Questions people ask

How do I file a declaration of domicile in Florida?
File a sworn statement with the clerk of the circuit court in the county where you reside, signed under oath before an official authorized to take affidavits. The clerk records it and charges the s. 28.24 service charge (s. 222.17(1), (5)).
Does a declaration of domicile prove Florida domicile?
The statute lets a person “manifest and evidence” a domicile already established and says other methods of proving domicile are not repealed (s. 222.17(1), (7)). The declaration is evidence, not the only way to show domicile.

Sources

Last checked: October 17, 2026

The official text
This page is a plain-English summary, verified against the 2026 Florida Statutes — it is not the statute, and it isn't legal advice for your situation.
Read § 222.17

Published by the Probate.Help editorial team.How these pages are written and checked.

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