Legal question

gilm0re3 · February 1, 2016

Buckle up. This is going to be a long/crazy question.

So in July my dad got a job transfer from Florida to Minnesota. My family (save my two older sisters who are both currently in college in Illinois) all moved to Minnesota, while I stayed here in Florida with family friends to finish up my last year of high school dual enrollment at the local community college. Our house here in Florida we are currently renting out since my parents plan to move back as soon as possible as well as because of tax reasons since the job my dad got in MN provides a house free of charge, so if we sold the house here in Florida there would be ~300k worth of cash sitting in the bank and the colleges would look at that and think that my parents have a lot of money, so financial aid would not be so generous. I am 17 right now, and don't turn 18 till the end of March. My parent's didn't transfer guardianship or anything like that, and that means that my parents are still dependents for me, at least until the end of March, but most likely past that since that's how my sisters are doing it.

I currently work a job here in FL and have since the beginning of the summer and before my family moved. That means that the address that I am having my paystubs addressed to changed from our family's house here to the people's address that I am currently staying with. However, that also means that all my paystubs are sent to FL addresses, so as far as that goes nothing from my place of occupation suggests that the people that I am a dependent on live in another state.

Now, my parent's want me to be able to get my driver's license as soon as possible. I currently hold a learner's permit for FL, and have had it for over 15 months. That means that while I am not 18 yet, I can still get a license since I have had a permit here in FL for over a year. There are a few problems with me getting a license: 1. I need a car to drive for the test, which I don't have. 2. I'm pretty sure I have to show residency for FL to be able to get a license. 3. In order for me to get a license, I need insurance, and my parent's insurance is currently switched over to being MN insurance.

Now, my sister is planning on driving down with her car to FL for spring break in March, two weeks before I turn 18. Our idea was that we might be able to get me a license while my sister is here with her car. So, here are some of my questions: Do I need my legal guardian to be present if I am getting a license before I turn 18? Do I need to prove residency here to get my license or since I already have a Florida Permit does that mean that I don't have to prove anything? Does the fact that my parent's insurance is MN mean that I can't get a license?

Also, for voting later in the year how does that work with my residency? Am I currently a resident of Florida since I haven't left the state, have had paychecks sent to a Florida dress, and have lived here for the past 14 years, even though I don't currently live at the address that I technically would have last resided at in FL? Does it mean anything for in state tuition should I go to college here in Florida as is the plan currently?

Thanks.

Howlingwolf101 · February 1, 2016

woah that's a big read.

You can probably borrow a car from your friends if you have any who are willing or from your sister like you said.

As for the paper work needed, it might be helpful to check out your state's DMV page- http://www.dmvflorida.org/drivers-license-identification.shtml#us (hopefully this doesn't get me banned)

You need a primary Identification which can be something like a birth certificate or passport.

you also need proof of a social security number such as a SS card, w2 form from work, even a pay stub might work.

Then you need 2 forms of proof for residency. you can use a paystub, w2, bank statement, report card, transcript, or your legal guardian (since your parents aren't there) that lives with you.

For voting, all you need is a license and proof or residency- I used a pay stub. Since your currently live in florida, you are eligible to vote in florida.

Also regarding the insurance requirement, it looks like you only need it if you're registering a car, not to actually get the license.

Good luck

gilm0re3 · February 3, 2016

On 2/1/2016 at 11:42 AM, Howlingwolf101 said:

-snip-

Thanks for taking the time to read through all of that

So, the only concern that I have is about how far back you need to prove residency. At the community college I'm currently dual enrolling at, they said that paystubs had to be able to prove that I have been a resident for a year to get Florida resident tuition rates. Is that the way that the DMV works as well, or is it just as long as I'm getting paystubs with a Florida address I'm clear?

Thanks again!

KuJoe · February 3, 2016

I was able to get a license in FL with out of state insurance but I could not get a FL tag for my car without FL insurance.

The DMV only accepts documents less than 3 months old. Also if you're a minor and don't have your own residence (i.e. paying rent or a mortgage) you can have the people you are living with write up a document stating you are living with them.

gilm0re3 · February 3, 2016

3 minutes ago, KuJoe said:

I was able to get a license in FL with out of state insurance but I could not get a FL tag for my car without FL insurance.

The DMV only accepts documents less than 3 months old. Also if you're a minor and don't have your own residence (i.e. paying rent or a mortgage) you can have the people you are living with write up a document stating you are living with them.

Ok. So even if the people I am staying with don't hold legal guardianship, they can still claim that I am a Florida resident? And just to be sure, would you be able to link to me to a webpage that can confirm this? Thanks

KuJoe · February 3, 2016

4 hours ago, gilm0re3 said:

Ok. So even if the people I am staying with don't hold legal guardianship, they can still claim that I am a Florida resident? And just to be sure, would you be able to link to me to a webpage that can confirm this? Thanks

Just to be safe I would wait until you're 18 just to be sure you don't open up a legal can of worms. How many months until you're 18? If you want to proceed I would contact a lawyer to make sure your parents don't get in any sort of trouble for "leaving you behind" since right now the only people legally responsible for you are your parents who are in a different state which, on paper, doesn't seem good since nobody in Florida has any legal authority over you.

gilm0re3 · February 4, 2016

On 2/3/2016 at 4:14 AM, KuJoe said:

Just to be safe I would wait until you're 18 just to be sure you don't open up a legal can of worms. How many months until you're 18? If you want to proceed I would contact a lawyer to make sure your parents don't get in any sort of trouble for "leaving you behind" since right now the only people legally responsible for you are your parents who are in a different state which, on paper, doesn't seem good since nobody in Florida has any legal authority over you.

Unfortunately, the week that my sister is going to be down for spring break with her car is only two weeks before I turn 18, so getting a license any other time doesn't really work. Also, if I remember correctly, my parents talked with a lawyer about leaving me here because we wanted to know what was the best thing to do legally, and all he told them to do is to make sure that they provide the people I am staying with a written letter giving permission for them to authorize medical treatment should I need emergency medical services for whatever reason before I turn 18. So as far as I know, there isn't anything legally wrong with leaving me here in Florida without transferring guardianship. The only concern is the possibility of me not being considered a state resident in the eyes of the government because my parents are still dependents for me, which means when their address changes mine should have to as well. That's really the only issue that I can think of at the moment at least. Thanks