A nasty fight is brewing for a State House seat that represents Northern Brevard County and East Orange County.

Challenger George Collins says Representative Tom Goodson doesn’t live in the district he claims to represent.

Goodson says he now lives with his daughter at a Muirfield Drive condo in Titusville, to make him a resident of district 50.

“I have to live in the district to represent this district,” said Rep. Goodson. “I’ve represented four years in the house, done very well, these are my constituents.”

But Collins, his opponent in the Republican primary, doesn’t believe Goodson actually lives in the condo.

Collins even sent mailers out to Goodson’s neighbors, saying the incumbent has misrepresented his oath of residency.

“According to the election law it’s a third degree felony to state that you live at a residence where you don’t reside, so I believe it should be disqualifying,” said Collins.

We checked with the Brevard County Supervisor of Elections office and Rep. Goodson registered the Muirfield Drive condo as his voting address back in June.

Goodson was previously registered to vote at an address in Cocoa, where his campaign headquarters are located, and then before that at his Rockledge residence.

“My opponent has his home in Rockledge where he’s homestead,” said Collins, “and where he claims, his apartment, that his daughter owns is actually is his legal residence where he votes out of.”

“I’ve been accused of having homestead exemption outside the district,” said Goodson. “It is not a requirement. If you own multiple homes or property in a county, which I do, you usually place the homestead exemption against the most expensive one, which I have.”

 But that’s not what the rules say.

According to the Florida Department of Revenue: “Every person who owns and resides on real property in Florida on January 1 and makes the property his or her permanent residence is eligible to receive a homestead exemption up to $50,000.”

Goodson admits that his wife lives in Rockledge, while he says he lives in Titusville.

Dana Blickley, the Brevard County Property Appraiser, says she has noted that Goodson no longer lives at the Rockledge home, but that the exemption will not be impacted because his wife still lives there.

“We’re still married, she lives there, she comes up here and stays quite often,” said Goodson.

A resident of District 50 asked the state attorney’s office to get involved, but they declined.

In a letter sent back to the resident, State Attorney Phil Archer wrote, “In Florida, legal residency is not defined in law. The Florida Supreme Court has even ruled that ‘the best proof of one’s legal residence is where he says it is.’”

Goodson says Collins is making uncalled attacks and should be talking about the issues.

But Collins says it’s a matter of ethics.

During the 2014 Florida Legislative Session, Senate Bill 602 and House Bill 495 were introduced that would have clearly defined legal residence for both candidates and elected officials. 

The two bills, however, died in committee before having a chance to be voted on by the Florida House and Senate.