The Lee County Declaration of Domicile is a one-page sworn statement you file with the Lee County Clerk of Court to put your Florida residency on public record. Florida Statute 222.17 lets anyone who has established a domicile in the state record the document with the circuit court clerk in their county, declaring that they live in Florida and intend to keep it as their permanent home.1Justia Law. Florida Code 222.17 – Manifesting and Evidencing Domicile in Florida Recording costs $10.00, and you can file in person, by mail, or through an approved electronic recording vendor.
What the Form Asks For
Download the blank form from the Lee County Clerk of Court’s forms library at leeclerk.org, or pick one up at any Clerk branch office.2Lee County Clerk of Court, FL. Forms Library It is short, but every field ties to a statutory requirement, so a missing entry will get the form returned.
You need to provide:
- Your full legal name.
- Your Florida street address, including city and county.
- The city, county, and state where you formerly resided.
- The address of any other place where you still maintain a home.
That last item catches people off guard. If you still own a condo in New York or a lake house in Michigan, list its full address. Section 222.17(2) specifically covers people who keep a home in another state; the declaration states that your Florida residence is your “predominant and principal home” despite the other property.1Justia Law. Florida Code 222.17 – Manifesting and Evidencing Domicile in Florida
Married couples and domestic partners who live together can sign the same form rather than filing separately. Make sure the Florida residency start date you write matches your other records: utility bills, driver’s license issue date, lease, or closing documents. Inconsistent dates create problems if the declaration is later used as evidence in a tax dispute or homestead exemption review.
Signing and Notarization
The declaration is a sworn statement, so your signature must be witnessed by either a notary public or a deputy clerk. If you file in person at a Clerk branch office, a deputy clerk can witness your signature on the spot at no extra charge. If you prefer to prepare the form at home or at a title company, any Florida notary can handle it. Florida notaries may charge up to $10 per notarial act.
Do not sign before you are in front of the notary or deputy clerk. The whole point of the witnessing requirement is that the official watches you sign and confirms your identity, so bring a valid government-issued photo ID. The notary completes the acknowledgment at the bottom of the form, affixes a seal, and notes how you were identified.
Where to File and What It Costs
Once signed and notarized, the declaration goes to the Lee County Clerk of Court for recording in the Official Records. You have three ways to submit it.
In person. Bring the form to the Justice Center at 2075 Dr. Martin Luther King Blvd., Fort Myers, FL 33901, or to the Cape Coral branch at 1039 SE 9th Place, 2nd Floor, Cape Coral, FL 33990. The Clerk also operates offices at the County Administration Building (2115 Second Street, Fort Myers) and the County Administration East Building (2201 Second Street, Fort Myers).3Lee County Clerk of Court, FL. Contact Us In-person filers can typically pay by check, cash, or card, though it’s worth calling ahead to confirm accepted payment at branch locations.
By mail. Send the completed, notarized form with your recording fee to P.O. Box 2469, Fort Myers, FL 33902. Include a check or money order payable to the Lee County Clerk of Court.
eRecording. Lee County accepts electronic recording through approved third-party vendors such as Simplifile, CSC eRecording Solutions, and eRecording Partners Network. Title companies and attorneys use this route most often, but individuals can too. The vendor may add its own processing fee on top of the recording fee.4Lee County Clerk of Court, FL. E-Record Official Records
The recording fee for a one-page Declaration of Domicile is $10.00. Under Florida Statute 28.24, that breaks down as a $5.00 base recording charge for the first page, a $1.00 Public Records Modernization Trust Fund surcharge, and a $4.00 per-page service charge.5Florida Statutes. Florida Code 28.24 – Service Charges
After the Clerk processes your submission, the document is scanned and indexed into the county’s public records database. The original comes back to you stamped with the official recording information, including the book and page number. Keep that recorded copy somewhere safe. You will need it when applying for a homestead exemption or answering a former state’s tax inquiry.
Why People File It
Two situations drive most Lee County filings.
The first is the homestead exemption. For most people moving to Lee County, the declaration is a stepping stone to an exemption that can reduce a property’s taxable value by up to $50,000. The first $25,000 applies to all property taxes, including school district taxes; the remaining $25,000 applies only to non-school taxes and kicks in on assessed value above $50,000.6Florida Department of Revenue. Homestead Property Tax Exemption To qualify, you must own the property and make it your permanent residence by January 1 of the tax year. The exemption application itself goes to the Lee County Property Appraiser on Form DR-501, not to the Clerk, and is due by March 1.7Lee County Property Appraiser. General Exemption Information The Property Appraiser primarily asks for your Florida driver’s license or ID, your Florida vehicle registration, and your voter registration; if more proof is needed, a recorded Declaration of Domicile is one of the documents they may request. Having it on file makes the process smoother.
The second is severing ties with a former state that imposes income tax. Recording the declaration puts a dated, sworn statement into the public record announcing your intent to make Florida your permanent home. The burden of proving you changed your domicile falls on you, and some states require proof that is “clear and convincing.” A recorded declaration helps, but it is not enough on its own. Auditors also weigh where you actually spend your time, where your closest family ties are, where your most valuable possessions are located, and where you conduct business. Keep supporting records: bank statements mailed to your Lee County address, local memberships, area medical and dental providers, and phone records that show your location.
What the Declaration Does Not Do
Filing the declaration does not, by itself, satisfy Florida’s other residency requirements. New residents must obtain a Florida driver’s license within 30 days of establishing residency, register any vehicles in Florida, and register to vote in Lee County if they wish to vote. If your former state does not automatically cancel your license when Florida issues a new one, contact that state’s DMV to surrender it; holding an active license in two states creates exactly the kind of conflicting record that a tax auditor will seize on. The declaration announces your domicile. The other steps back it up.