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Chapter: 1400 Technical Requirements Program: TCA 41 Residency exists when the intent of the individual is to remain in the state. Residency does not exist when the stay is for a temporary purpose such as a vacation and there is intent to return to a residence in another state. When a child is in the child’s usual family setting, the residency of the child is considered in the context of the family situation. If the child leaves the family setting to reside elsewhere, residence is determined based on the extent and nature of the child’s own stay.

A child is considered a resident when the parent or caretaker relative is a migrant agricultural worker who maintains Florida as a home for the children and intends to return to Florida.

Children born in the U.S. of undocumented or ineligible noncitizen parents residing in the state may meet the residency requirement if they intend to remain even if parents may not legally remain due to USCIS status.

An individual must satisfy one of the following residency requirements:

1. must reside in the State of Florida with the intent to remain, (individuals statement as to their intent to remain is acceptable) or 2. must be living in the State of Florida for employment purposes without intent to remain and meets the following conditions:

a. the individual or caretaker relative is not receiving assistance from another state, and b. the individual or caretaker relative came to Florida with a job commitment or is actively seeking employment during the stay in the state.

Verification of residency for employment purposes must be verified and includes:

1. letter from employment agency, 2. letter of employment offer, 3. home visits, 4. collateral contacts, 5. rent/mortgage or utility receipts, 6. other forms of ID, 7. driver’s license records, and 8. institutionalized in a Title XIX facility.

Some individuals in the U.S. with a temporary visa and their U.S. born children may meet the Florida residency requirement if they verify their residency and state an intent to remain. Examples of verification of residency include:

1. employment or school records, 2. bank statements, 3. lease agreements, 4. utility bills, 5. Florida driver’s license or state ID card, and 6. other reliable information. 1420.0310 Temporary Absence from the State (TCA) Temporary absences do not affect residency. Temporary absence exists when an absence is 30 days or less. If the absence is greater than 30 days, the individual must provide:

1. The reason(s) the absence has been prolonged (e.g., medical treatment), 2. Plans to return to Florida, and 3. The date the individual intends to return to Florida.