Florida Senate - 2014                              CS for SB 602
       
       
        
       By the Committee on Ethics and Elections; and Senator Latvala
       
       
       
       
       
       582-02089-14                                           2014602c1
    1                        A bill to be entitled                      
    2         An act relating to the residency of candidates and
    3         public officers; creating ss. 99.0125 and 111.015,
    4         F.S.; requiring a candidate or public officer required
    5         to reside in a specific geographic area to have only
    6         one domicile at a time; providing factors that may be
    7         considered when determining residency; providing
    8         exceptions for active duty military members; providing
    9         an effective date.
   10          
   11  Be It Enacted by the Legislature of the State of Florida:
   12  
   13         Section 1. Section 99.0125, Florida Statutes, is created to
   14  read:
   15         99.0125Residency; candidates.
   16         (1) The address at which a candidate maintains his or her
   17  domicile must be used to satisfy any candidate residency
   18  requirement. A candidate may have only one domicile at a time.
   19  The building claimed as a domicile must be zoned for residential
   20  use and must comply with all requirements necessary to obtain a
   21  certificate of occupancy or certificate of completion pursuant
   22  to applicable building codes.
   23         (2) Factors that may be considered in determining whether a
   24  candidate meets a residency requirement include, but are not
   25  limited to:
   26         (a) A formal declaration of domicile in the public records
   27  of the county.
   28         (b) A statement, whether oral or written, indicating the
   29  intention to establish a place as his or her domicile.
   30         (c) Whether he or she transferred the title to his or her
   31  previous residence.
   32         (d) The address at which he or she claims a homestead
   33  exemption.
   34         (e) An address at which he or she has purchased, rented, or
   35  leased property.
   36         (f) The address where he or she plans to build a new home.
   37         (g) The amount of time that he or she spends at property he
   38  or she owns, leases, or rents.
   39         (h) Proof of payment for, and usage activity of, utilities
   40  at property owned by the candidate.
   41         (i) The address at which he or she receives mail and
   42  correspondence.
   43         (j) The address provided to register his or her dependent
   44  children for school.
   45         (k) The address of his or her spouse or immediate family
   46  members.
   47         (l) The physical address of his or her employment.
   48         (m) Previous permanent residency in a state other than
   49  Florida or in another country, and the date his or her residency
   50  was terminated.
   51         (n) The address on his or her voter information card or
   52  other official correspondence from the supervisor of elections
   53  providing proof of voter registration.
   54         (o) The address on his or her valid Florida driver license
   55  issued under s. 322.18, valid Florida identification card issued
   56  under s. 322.051, or any other license required by law.
   57         (p) The address on the title to, or a certificate of
   58  registration of, his or her motor vehicle.
   59         (q) The address listed on filed federal income tax returns.
   60         (r) The location where his or her bank statements and
   61  checking accounts are registered.
   62         (s) A request made to a federal, state, or local government
   63  agency to update or change his or her address.
   64         (t) Whether he or she has relinquished a license or permit
   65  held in another jurisdiction.
   66         (3) An active duty military member may not be deemed to
   67  have acquired a domicile in this state solely by reason of being
   68  stationed on duty in this state; nor shall an active duty
   69  military member be deemed to have abandoned domicile in this
   70  state solely because he or she is stationed in another
   71  municipality, state, or country. However, this subsection does
   72  not prohibit an active duty military member from establishing a
   73  new domicile where he or she is stationed.
   74         Section 2. Section 111.015, Florida Statutes, is created to
   75  read:
   76         111.015 Residency; public officers.—
   77         (1) The address at which a public officer maintains his or
   78  her domicile must be used to satisfy any residency requirement.
   79  A public officer may have only one domicile at a time. The
   80  building claimed as a domicile must be zoned for residential use
   81  and must comply with all requirements necessary to obtain a
   82  certificate of occupancy or certificate of completion pursuant
   83  to applicable building codes.
   84         (2) Factors that may be considered in determining whether a
   85  public officer meets a residency requirement include, but are
   86  not limited to:
   87         (a) A formal declaration of domicile in the public records
   88  of the county.
   89         (b) A statement, whether oral or written, indicating the
   90  intention to establish a place as his or her domicile.
   91         (c) Whether he or she transferred the title to his or her
   92  previous residence.
   93         (d) The address at which he or she claims a homestead
   94  exemption.
   95         (e) An address at which he or she has purchased, rented, or
   96  leased property.
   97         (f) The address where he or she plans to build a new home.
   98         (g) The amount of time that he or she spends at property he
   99  or she owns, leases, or rents.
  100         (h) Proof of payment for, and usage activity of, utilities
  101  at property owned by the public officer.
  102         (i) The address at which he or she receives mail and
  103  correspondence.
  104         (j) The address provided to register his or her dependent
  105  children for school.
  106         (k) The address of his or her spouse or immediate family
  107  members.
  108         (l) The physical address of his or her employment.
  109         (m) Previous permanent residency in a state other than
  110  Florida or in another country, and the date his or her residency
  111  was terminated.
  112         (n) The address on his or her voter information card or
  113  other official correspondence from the supervisor of elections
  114  providing proof of voter registration.
  115         (o) The address on his or her valid Florida driver license
  116  issued under s. 322.18, valid Florida identification card issued
  117  under s. 322.051, or any other license required by law.
  118         (p) The address on the title to, or a certificate of
  119  registration of, his or her motor vehicle.
  120         (q) The address listed on filed federal income tax returns.
  121         (r) The location where his or her bank statements and
  122  checking accounts are registered.
  123         (s) A request made to a federal, state, or local government
  124  agency to update or change his or her address.
  125         (t) Whether he or she has relinquished a license or permit
  126  held in another jurisdiction.
  127         (3) An active duty military member may not be deemed to
  128  have acquired a domicile in this state solely by reason of being
  129  stationed on duty in this state; nor shall an active duty
  130  military member be deemed to have abandoned domicile in this
  131  state solely because he or she is stationed in another
  132  municipality, state, or country. However, this subsection does
  133  not prohibit an active duty military member from establishing a
  134  new domicile where he or she is stationed.
  135         Section 3. This act shall take effect January 1, 2015.