Posts Tagged ‘Become’

How to Become a Florida Resident

In Florida, the courts have ruled that your legal residence is determined by your intention. Therefore, if you come to Florida with the intention of making this state your primary residence then you are a Florida resident and are entitled to the advantages and privileges that go along with it. Sounds easy doesn’t it?


However, in many cases it is difficult to determine exactly what a person’s intentions are. That’s why it’s important to provide clear evidence of your intention to become a Florida resident. In this chapter you will learn the procedure necessary to prove your intention to establish residency and the small details that will be helpful to convince your former state of residence that you no longer reside there.


Once you make the decision to become a Florida resident, you should make sure that everything about you shows that you are a Floridian. For example: a Florida resident is not registered to vote in Massachusetts; a Florida resident does not carry a Michigan drivers license; a Florida resident does not own or drive around in a car registered in Ohio; and a Florida resident does not root for the Yankees. O.K., maybe you can get by with that last one. Adherence to the following procedures will provide solid evidence of your intent to be a resident of Florida.


Declaration of Domicile. Upon making Florida your permanent residence, you should execute and file with the clerk of circuit court in the county where you reside, a Declaration of Domicile. This document is a sworn statement stating that you reside in and maintain a place of abode in the Florida county of your residence and that you intend to maintain such residence as your permanent home. If you also have a residence or residences in other states, you may disclose them and declare that the Florida residence constitutes your predominant and principal home.


Obtain a Florida Driver’s License. Florida law requires that you obtain a Florida driver’s license within 30 days after becoming a resident of Florida if you operate a motor vehicle on the highways of this state. To obtain a Florida driver’s license, you must present evidence of your identification, proof of your date of birth and your social security number.


Depending on which state you are from, you may be able to use your former state’s driver’s license as a primary identification document. If you have an out-of-state license and it has not expired beyond 30 days, you may be able to convert it to a Florida license without taking a written or road test.


Vehicle Title and Registration. You must apply for a Florida certificate of title for any vehicle you own and operate in the state of Florida. Your vehicle must be registered within ten days of establishing residency. To register your vehicle you must submit the original title and proof of Florida insurance to the county tax collector. If you are registering the vehicle in Florida for the first time, Florida law requires payment of a 0 initial registration fee in addition to the basic registration fees. You are required to register your car every year. The registration period begins the first day of the owner’s birth month and ends on the owner’s birthday.


Voter Registration. One of the best ways to evidence your intention to reside in Florida is to register to vote in the Florida county where you reside and to participate in local, state and federal elections as a Florida voter. You may register with the county Supervisor of Elections when the voter registration books are open. The books close 30 days before an election and reopen following the election. Also, in most counties, selection for jury duty is taken from the roll of registered voters.


Wills and Estate Planning. You should have a will prepared by a Florida attorney which complies with Florida law and represents that you are a resident of Florida. This will revoke your prior will and make sure that your estate is distributed according to your wishes with the least amount of complications and delay. If you have a revocable trust, it should be reviewed by a Florida attorney to determine whether its terms comply with the laws of this state and whether it will be interpreted under Florida law in such a manner as to carry out your wishes.


Tax Filings. Federal income tax returns should be filed in Atlanta, Georgia. As a Florida resident, you must also file Florida tangible and intangible tax returns, if applicable.


Memberships and Affiliations. You should cancel your memberships in and affiliations with Churches, organizations and clubs in your previous state of residence or transfer them to Florida, if applicable.


Other items which can be used to evidence your intent to make Florida your primary place of residence are:


Location of your bank accounts, safe deposit boxes and securities.


Children’s school attendance


Business interests and activities


Percentage of time spent in each state

More Florida Law Articles

Fremont Towing Prices Become More Regulated

For years, victims of predatory towing have issued complaints at many different levels in the government. State by state, we are starting to see changes regarding towing regulations.  For legitimate towing companies, they have had to endure a tarnished industry-wide reputation. However, many of the cities and states are aiming to spare the legitimate companies while punishing those who consider themselves above the law.

As a local and legitimate Fremont towing company, this article will focus mostly on the California state controls on towing pricing and restrictions. However, there are many regulations in other states, such as Texas, Utah, New Jersey, and many more. California Vehicle Code Division 11 Chapter 10 Article 1 specifically deals with the rules of the road and towing, in particular. According to this code, a vehicle can be towed for a variety of reasons, including when it is blocking traffic or is abandoned on public property.

One of the most helpful parts of this vehicle code is that there needs to be clear notification that a certain area prohibits public parking. The sign must measure 17 x 22 inches and clearly state that the parked vehicle may be removed at the owner’s expense. Additionally, all signs must now include the local traffic law and a phone number to contact.

Towing prices are regulated, as Fremont towing companies are forbidden to charge more than one day’s storage for a vehicle that is picked up within 24 hours of being towed. That way, less honest towing companies are unable to charge more and profit from the tow – at the owner’s expense. There are other compliance measures to ensure towing prices do not go uncontrolled and illegitimate towing companies do not succeed in taking advantage of the customer.  According to the California Vehicle Code, tow truck drivers are forbidden to stop near the scene of an accident with the intent of selling their services. If there is an unattended vehicle or an accident that has caused injury, Fremont towing companies are restricted from towing the car on their own. All tow truck drivers need authorization by a local enforcement official.

While these rules and regulations apply to private Fremont towing companies, any tow truck operator this is contracted by a law enforcement agency or public or government agency, is exempted from these restrictions. The hope is that illegitimate towing companies will get the punishment they deserve, while legitimate ones can still succeed in their business.

24 Hour Towing Fremont operators pay close attention to the ever-changing California laws as it is important to maintain an honest, customer-focused, and quality driven towing and roadside assistance presence.

Related California Law Articles

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