Florida Senate - 2014                                    SCR 954
       By Senator Thrasher
       6-01677-14                                             2014954__
    1                    Senate Concurrent Resolution                   
    2         A concurrent resolution creating a new Joint Rule 7 of
    3         the Joint Rules of the Florida Legislature relating to
    4         residency of members.
    6  Be It Resolved by the Senate of the State of Florida, the House
    7  of Representatives Concurring:
    9         That a new Joint Rule 7 of the Joint Rules of the Florida
   10  Legislature is created to read:
   12                          JOINT RULE SEVEN                         
   13                      QUALIFICATIONS OF MEMBERS                    
   15  7.1-Residency
   16         (1) A member shall be a legal resident and elector of his
   17  or her district at the time of election and shall maintain his
   18  or her legal residence within that district for the duration of
   19  his or her term of office. While a member may have multiple
   20  residences, he or she shall have only one legal residence. The
   21  legal residence of a member at a designated location is
   22  demonstrated by a totality of the circumstances. Factors to be
   23  considered include, but are not limited to:
   24         (a) Where one claims to reside, as reflected in statements
   25  to others or in official documents;
   26         (b) The abandonment of a prior legal residence, as
   27  evidenced by moving from or selling a prior legal residence;
   28         (c) The abandonment of rights and privileges associated
   29  with a prior legal residence;
   30         (d) Where one is registered as a voter;
   31         (e) Where one claims a legal residence for a homestead
   32  exemption;
   33         (f) Where one claims a legal residence for a driver license
   34  or other government privilege or benefit;
   35         (g) The transfer of one’s bank accounts to the district
   36  where one maintains a legal residence;
   37         (h) Where one’s spouse and minor children maintain a legal
   38  residence, work, and attend school;
   39         (i) Where one receives mail and other correspondence;
   40         (j) Where one customarily resides;
   41         (k) Where one conducts business affairs;
   42         (l) Where one rents or leases property; and
   43         (m) Where one plans the construction of a new legal
   44  residence.
   45         (2) In accordance with Section 3 of Article X of the
   46  Florida Constitution, a vacancy in office occurs when a member
   47  fails to maintain a legal residence within his or her district
   48  as required at the time of election.
   49         (3) In accordance with Section 2 of Article III of the
   50  Florida Constitution, each house of the Legislature shall be the
   51  sole judge of the qualifications of its members, including
   52  whether a member no longer satisfies his or her qualifications
   53  for office.
   54         (4) Each member shall affirm in writing that he or she is a
   55  legal resident and elector of his or her district based on the
   56  provisions of this Joint Rule. Each member shall file the
   57  written affirmation with the Secretary of the Senate or the
   58  Clerk of the House of Representatives before the convening of
   59  Organization Session following each general election. For a
   60  member who is elected pursuant to a special election, the member
   61  must execute the written affirmation before or concurrent with
   62  taking the oath of office and provide such affirmation to the
   63  Secretary of the Senate or the Clerk of the House of
   64  Representatives. The form of the written affirmation shall be
   65  prescribed by the Secretary of the Senate and the Clerk of the
   66  House of Representatives for members of their respective house
   67  of the Legislature.