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Florida

The State of Florida has much less stringent requirements for voter registration.

"Section 97.091(1), Florida Statutes, is inapplicable to the above-described factual scenario. That section applies only where a person temporarily moves outside his county of legal residence and remains a voter in the county of his legal residence. Here, the person has moved permanently and asked to register to vote in the county in which he has established his new legal residence. Under these circumstances, the person would need to reregister as a voter in accordance with Sections 97.041 and 97.051, Florida Statutes.

No provision of the Florida Election Code defines legal residency. However, this office and Florida courts have consistently construed legal residence to mean a permanent residence, domicile, or permanent abode, rather than a residence that is temporary. See, Op. Div. Elect. Fla. 80-27 (August 27, 1980); Walker v. Harris, 398 So. 2d 955 (Fla. 4th DCA 1981); and Cruickshank v. Cruickshank, 420 So. 2d 914 (Fla. 1st DCA 1982).

In Bloomfield v. City of St. Petersburg Beach, 82 So. 2d 364 (Fla. 1955), the Florida Supreme Court stated:

[W]here a good faith intention is coupled with an actual removal evidenced by positive overt acts, then the change of residence is accomplished and becomes effective. This is so because legal residence consists of the concurrence of both fact and intention. The bona fides of the intention is a highly significant factor.

Legal residence is, therefore, determined by looking to where a person intends to make a home permanent and to whether factual evidence exists to corroborate that intent.

In making this determination, no single piece of evidence, such as homestead exemption, is decisive. As directed in Ogden v. Ogden, 33 So. 2d 870, 873 (1947), "the best proof of ones domicile [legal residence] is where he says it is."

This is not to say, however, that proof of legal residence simply depends on a persons subjective intent. Instead, the establishment of legal residence depends on a variety of acts or declarations, all of which must be considered and weighed on a case-by-case basis. Examples of evidence which may be considered in determining whether legal residency has been established include drivers license, tax receipts, mail receipts, bank accounts, the relocation of personal effects, and the purchase or rental of property." Edit

DE 93-05 Residency June 23, 1993 97.041(2), 97.051 and 97.091(1), F.S. Edit

The following is a message from a county supervisor of elections in Florida.
"The Florida Voter Registration Application requires an applicant to include
the address where the applicant lives (legal residence).  Some of the
military personnel use the address of a relative residing in Florida, with
the relative's permission, to apply to register to vote.  You may want to
contact the county supervisor of elections where you wish to apply to
register to vote.  That contact information is available on our
website:

http://election.dos.state.fl.us/county/index.shtml

Thank you,

Donna Miller"