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. 5 6 Be It Resolved by the Senate of the State of Florida, the House 7 of Representatives Concurring: 8 9 That a new Joint Rule 7 of the Joint Rules of the Florida 10 Legislature is created to read: 11 12 JOINT RULE SEVEN 13 QUALIFICATIONS OF MEMBERS 14 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.