September 23, 2020
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       Florida Senate - 2010                                     SB 248
       
       
       
       By Senator Wilson
       
       
       
       
       33-00098-10                                            2010248__
    1                        A bill to be entitled                      
    2         An act relating to determination of resident status
    3         for tuition purposes; amending s. 1009.21, F.S.;
    4         revising definitions; providing conditions for
    5         reclassification as a resident for tuition purposes;
    6         requiring that evidence be provided relating to
    7         dependent status; revising obsolete provisions;
    8         providing additional categories within which students
    9         may be classified as residents for tuition purposes;
   10         limiting eligibility for state financial aid;
   11         providing an effective date.
   12  
   13  Be It Enacted by the Legislature of the State of Florida:
   14  
   15         Section 1. Subsections (1), (2), (3), and (10) of section
   16  1009.21, Florida Statutes, are amended to read:
   17         1009.21 Determination of resident status for tuition
   18  purposes.—Students shall be classified as residents or
   19  nonresidents for the purpose of assessing tuition in community
   20  colleges and state universities.
   21         (1) As used in this section, the term:
   22         (a) “Dependent child” means any person, whether or not
   23  living with his or her parent, who is eligible to be claimed by
   24  his or her parent as a dependent under the federal income tax
   25  code and who receives at least 51 percent of the true cost-of
   26  living expenses from his or her parent, as defined by rules of
   27  the State Board of Education.
   28         (b) “Initial enrollment” means the first day of class at an
   29  institution of higher education.
   30         (c) “Institution of higher education” means any community
   31  college as defined in s. 1000.21(3) or state university as
   32  defined in s. 1000.21(6).
   33         (d) “Legal resident” or “resident” means a person who has
   34  maintained his or her residence in this state for the preceding
   35  year, has purchased a home which is occupied by him or her as
   36  his or her residence, or has established a domicile in this
   37  state pursuant to s. 222.17.
   38         (e) “Nonresident for tuition purposes” means a person who
   39  does not qualify for the in-state tuition rate.
   40         (f) “Parent” means the natural or adoptive parent or legal
   41  guardian of a dependent child.
   42         (g) “Resident for tuition purposes” means a person who
   43  qualifies as provided in this section for the in-state tuition
   44  rate.
   45         (2)(a) To qualify as a resident for tuition purposes:
   46         1. A person or, if that person is a dependent child, his or
   47  her parent or parents must have established legal residence in
   48  this state and must have maintained legal residence in this
   49  state for at least 12 consecutive months immediately before
   50  prior to his or her initial enrollment in an institution of
   51  higher education.
   52         2. Every applicant for admission to an institution of
   53  higher education shall be required to make a statement as to his
   54  or her length of residence in the state and, further, shall
   55  establish that his or her presence or, if the applicant is a
   56  dependent child, the presence of his or her parent or parents in
   57  the state currently is, and during the requisite 12-month
   58  qualifying period was, for the purpose of maintaining a bona
   59  fide domicile, rather than for the purpose of maintaining a mere
   60  temporary residence or abode incident to enrollment in an
   61  institution of higher education.
   62         (b) However, with respect to a dependent child living with
   63  an adult relative other than the child’s parent, such child may
   64  qualify as a resident for tuition purposes if the adult relative
   65  is a legal resident who has maintained legal residence in this
   66  state for at least 12 consecutive months immediately before
   67  prior to the child’s initial enrollment in an institution of
   68  higher education and if, provided the child has resided
   69  continuously with the such relative for the 5 years immediately
   70  before prior to the child’s initial enrollment in an institution
   71  of higher education, during which time the adult relative has
   72  exercised day-to-day care, supervision, and control of the
   73  child.
   74         (c) The legal residence of a dependent child whose parents
   75  are divorced, separated, or otherwise living apart will be
   76  deemed to be this state if either parent is a legal resident of
   77  this state, regardless of which parent is entitled to claim, and
   78  does in fact claim, the minor as a dependent pursuant to federal
   79  individual income tax provisions.
   80         (d)A person who is classified as a nonresident for tuition
   81  purposes may become eligible for reclassification as a resident
   82  for tuition purposes if that person or, if that person is a
   83  dependent child, his or her parent presents evidence that
   84  supports permanent residency in this state rather than temporary
   85  residency for the purpose of pursuing an education, such as
   86  documentation of full-time permanent employment for the previous
   87  12 months or the purchase of a home in this state and residence
   88  therein during the previous 12 months. If a person who is a
   89  dependent child and his or her parent move to this state while
   90  the child is a high school student and the child graduates from
   91  a high school in this state, the child may become eligible for
   92  reclassification as a resident for tuition purposes when the
   93  parent qualifies for permanent residency. However, an illegal
   94  immigrant who qualifies as a resident for tuition purposes under
   95  this paragraph is not eligible for state financial aid.
   96         (3)(a) A person may An individual shall not be classified
   97  as a resident for tuition purposes and is, thus, shall not be
   98  eligible to receive the in-state tuition rate until he or she
   99  has provided such evidence related to legal residence and its
  100  duration or, if the person that individual is a dependent child,
  101  evidence of his or her parent’s legal residence and its
  102  duration, as well as evidence confirming his or her status as a
  103  dependent child, as may be required by law and by officials of
  104  the institution of higher education from which he or she seeks
  105  the in-state tuition rate.
  106         (b) Except as otherwise provided in this section, evidence
  107  of legal residence and its duration shall include clear and
  108  convincing documentation that residency in this state was for a
  109  minimum of 12 consecutive months prior to a student’s initial
  110  enrollment in an institution of higher education.
  111         (c) Each institution of higher education shall
  112  affirmatively determine that an applicant who has been granted
  113  admission to that institution as a Florida resident meets the
  114  residency requirements of this section at the time of initial
  115  enrollment. The residency determination must be documented by
  116  the submission of written or electronic verification that
  117  includes two or more of the documents identified in this
  118  paragraph. No single piece of evidence shall be conclusive.
  119         1. The documents must include at least one of the
  120  following:
  121         a. A Florida voter’s registration card.
  122         b. A Florida driver’s license.
  123         c. A State of Florida identification card.
  124         d. A Florida vehicle registration.
  125         e. Proof of a permanent home in Florida which is occupied
  126  as a primary residence by the individual or by the individual’s
  127  parent if the individual is a dependent child.
  128         f. Proof of a homestead exemption in Florida.
  129         g. Transcripts from a Florida high school for multiple
  130  years if the Florida high school diploma or GED was earned
  131  within the last 12 months.
  132         h. Proof of permanent full-time employment in Florida for
  133  at least 30 hours per week for a 12-month period.
  134         2. The documents may include one or more of the following:
  135         a. A declaration of domicile in Florida.
  136         b. A Florida professional or occupational license.
  137         c. Florida incorporation.
  138         d. A document evidencing family ties in Florida.
  139         e. Proof of membership in a Florida-based charitable or
  140  professional organization.
  141         f. Any other documentation that supports the student’s
  142  request for resident status, including, but not limited to,
  143  utility bills and proof of 12 consecutive months of payments; a
  144  lease agreement and proof of 12 consecutive months of payments;
  145  or an official state, federal, or court document evidencing
  146  legal ties to Florida.
  147         (10) The following persons shall be classified as residents
  148  for tuition purposes:
  149         (a) Active duty members of the Armed Services of the United
  150  States residing or stationed in this state, their spouses, and
  151  dependent children, and active drilling members of the Florida
  152  National Guard.
  153         (b) Active duty members of the Armed Services of the United
  154  States and their spouses and dependents attending a public
  155  community college or state university within 50 miles of the
  156  military establishment where they are stationed, if such
  157  military establishment is within a county contiguous to Florida.
  158         (c) United States citizens living on the Isthmus of Panama,
  159  who have completed 12 consecutive months of college work at the
  160  Florida State University Panama Canal Branch, and their spouses
  161  and dependent children.
  162         (d) Full-time instructional and administrative personnel
  163  employed by state public schools and institutions of higher
  164  education and their spouses and dependent children.
  165         (e) Students from Latin America and the Caribbean who
  166  receive scholarships from the federal or state government. Any
  167  student classified pursuant to this paragraph shall attend, on a
  168  full-time basis, a Florida institution of higher education.
  169         (f) Southern Regional Education Board’s Academic Common
  170  Market graduate students attending Florida’s state universities.
  171         (g) Full-time employees of state agencies or political
  172  subdivisions of the state when the student fees are paid by the
  173  state agency or political subdivision for the purpose of job
  174  related law enforcement or corrections training.
  175         (h) McKnight Doctoral Fellows and Finalists who are United
  176  States citizens.
  177         (i) United States citizens living outside the United States
  178  who are teaching at a Department of Defense Dependent School or
  179  in an American International School and who enroll in a graduate
  180  level education program which leads to a Florida teaching
  181  certificate.
  182         (j) Active duty members of the Canadian military residing
  183  or stationed in this state under the North American Aerospace
  184  Defense Command Air Defense (NORAD) agreement, and their spouses
  185  and dependent children, attending a community college or state
  186  university within 50 miles of the military establishment where
  187  they are stationed.
  188         (k) Active duty members of a foreign nation’s military who
  189  are serving as liaison officers and are residing or stationed in
  190  this state, and their spouses and dependent children, attending
  191  a community college or state university within 50 miles of the
  192  military establishment where the foreign liaison officer is
  193  stationed.
  194         (l)Full-time employees of international multilateral
  195  organizations based in this state which are recognized by the
  196  United States Department of State and their spouses and
  197  dependent children.
  198         (m)A student, other than a nonimmigrant alien within the
  199  meaning of 8 U.S.C. s. 1001(a)(15), who meets the following
  200  criteria:
  201         1.Has resided in this state with a parent for at least 3
  202  consecutive years immediately preceding the date the student
  203  received a high school diploma or its equivalent.
  204         2.Has attended a high school in this state for at least 3
  205  consecutive school years during such time.
  206         3.Has filed an affidavit with the institution of higher
  207  education stating that the student has filed an application to
  208  legalize his or her immigration status or will file such
  209  application as soon as he or she is eligible to do so.
  210  
  211  However, students who qualify under this paragraph are not
  212  eligible for state financial aid.
  213         Section 2. This act shall take effect July 1, 2010.

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