Welcome to the Sunshine State! Moving to Florida can be an exciting journey filled with sun, surf, and sand. However, as you settle into your new home, it's crucial to familiarize yourself with some important legal considerations. Whether it's understanding Florida's tax benefits or navigating the specifics of property law, knowing these details can help you make the most of your new start. This article, crafted by your trusted local law firm - The Law Office of Robert Corbett, covers everything you need to know from a legal standpoint as a new Florida resident.
What You Need to Know About Florida Law
Understanding the legal landscape in Florida can help you avoid potential pitfalls and take advantage of state-specific benefits. Here's what you need to know:
Residency Requirements
Becoming a Florida resident comes with several legal perks, such as no state income tax. Establishing your residency involves more than just moving your belongings; it includes registering to vote, obtaining a Florida driver's license, and more. Florida law requires that you register your vehicles and obtain a Florida license within 30 days of establishing residency.
The Homestead Act
New Floridians may be familiar with the tax exemption provision of Florida’s Homestead Act. But the Homestead Act is much more than just a tax break - it is a fundamental aspect of property law in the Sunshine State, providing significant protections for homeowners. This Act not only gives residents a tax break, but it also shields residents from the forced sale of their property by creditors. Here's what you need to know.
Florida's Homestead Exemption is designed to provide significant property tax relief to eligible homeowners. By reducing the taxable value of their homes, residents can enjoy lower annual property taxes, making homeownership more affordable. To qualify for the Homestead Exemption in Florida, you must be a permanent resident of the state and occupy the home as your primary residence. Additionally, you must hold the title to the property as of January 1 of the tax year. A new Florida resident must apply for the Homestead exemption by March 1 of the year following the purchase of their home.
One of the primary benefits of the Homestead Act is the protection it offers against the forced sale of a home to meet the demands of creditors. This protection is crucial in providing stability and security to homeowners, ensuring that they are not left without shelter in times of financial distress. While the Homestead protection is robust, it is not absolute. Certain obligations, such as federal taxes, alimony, and mortgages, are not covered under this exemption.
The Tax Collector's Office - Not Like it Sounds
In many parts of Florida, going to the Tax Collector's Office is a pleasure. That is where you can register your vehicle, get your Florida license, and even obtain a concealed carry license. While we are on the topic, let's discuss firearms in the "Gunshine State."
Firearms in Florida
Florida is a pro-gun state, supporting the Second Amendment and your right to defend yourself. This will be very new to you if you are coming from California or the Northeast. If guns are not your thing, that is OK. But please respect others' rights and here is what you need to know.
Florida is a Constitutional Carry state. The law says that if you are over 21 and a U.S. citizen or lawful permanent resident, and you would otherwise pass the background check for a concealed carry license, you may carry a concealed pistol without a license. But it is a good idea to apply for the license in my opinion. First, when you buy a gun in Florida, there is no waiting period if you have the license. Second, the Florida license is reciprocated in 34 other states, allowing you to carry elsewhere.
But be careful of restrictions. You cannot carry your gun everywhere. Exceptions include: stadiums and arenas, amusement parks, government buildings and courthouses, bars and clubs, police and sheriff stations, and polling places. You are, however, allowed to carry and leave the firearm in your car in such locations. If you do so, please secure your firearm so it cannot be stolen from your car.
Estate Planning and Florida Law
Estate planning laws in Florida have unique elements that might differ from those in other states. For instance, the state's homestead exemption offers protection against certain types of creditors for your primary residence but also may change the way you can devise the family home. I can help you with estate planning, but here are the basics you need to know.
Florida does not recognize nuncupative (oral) wills or holographic wills (a written will that is signed but not witnessed). Wills completed properly according to the law of another state will be allowed in Florida. But, if you have moved to Florida with out-of-state planning documents, your documents may need to be examined and you may need a new estate plan. Trusts are very popular in Florida. Trusts cost a bit more than a will, but save money, time, and hassle for your loved ones later, when they can avoid probate. Further, filing and recording the deed to transfer your home into the trust is cheap, particularly compared to places like New York.
Understanding Florida's Unique Laws
Florida has some unique laws, such as the Stand Your Ground law, which are important to understand for your safety and legal protection. The Castle Doctrine is another important one.
The Castle Doctrine is a legal doctrine that gives individuals the right to use reasonable force, including deadly force, to defend themselves against an intruder within their home (or "castle"). The doctrine is based on the idea that a person's home is their sanctuary, and they have the right to protect it.
In Florida, the Castle Doctrine is codified in Florida Statutes Section 776.013. Key points include:
No Duty to Retreat: A person has no duty to retreat if they are attacked in their home. They can stand their ground and use force, including deadly force, if they reasonably believe it is necessary to prevent imminent death or great bodily harm to themselves or others, or to prevent the commission of a forcible felony.
Presumption of Fear: If someone unlawfully and forcibly enters a person's home, the resident is presumed to have a reasonable fear of imminent peril of death or great bodily harm. This presumption extends to your occupied vehicle as well.
Florida's Stand Your Ground law extends the principles of the Castle Doctrine to any place a person has a legal right to be, not just their home. This law is codified in Florida Statutes Section 776.012 and Section 776.013. Key points include:
No Duty to Retreat: A person has no duty to retreat and has the right to stand their ground and use force, including deadly force, if they reasonably believe it is necessary to prevent imminent death or great bodily harm to themselves or others, or to prevent the commission of a forcible felony.
Anywhere a Person Has a Right to Be: The Stand Your Ground law applies not just in one's home, but in any place where a person has a legal right to be.
Moving to a new state comes with its set of challenges, but being legally prepared shouldn't be one of them. Take your time, ask questions, and do it right. With the right knowledge and a trustworthy law firm at your side, you can enjoy all that Florida has to offer with confidence and peace of mind. If you need assistance with a legal matter, call or write us anytime.
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