Senate Bill sb1852c2

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    Florida Senate - 2003     CS for CS for SB's 1852, 1628 & 2344

    By the Committees on Appropriations; Education; and Senators
    Diaz de la Portilla, Wilson, Villalobos, Margolis, Hill and
    Dawson



    309-2535-03

  1                      A bill to be entitled

  2         An act relating to determination of resident

  3         status for tuition purposes; amending s.

  4         1009.21, F.S.; classifying specified students

  5         as residents for tuition purposes; classifying

  6         certain liaison officers and their spouses and

  7         dependent children as residents for tuition

  8         purposes; providing an effective date.

  9  

10  Be It Enacted by the Legislature of the State of Florida:

11  

12         Section 1.  Section 1009.21, Florida Statutes, is

13  amended to read:

14         1009.21  Determination of resident status for tuition

15  purposes; exemption.--Students shall be classified as

16  residents or nonresidents for the purpose of assessing tuition

17  in community colleges and state universities.

18         (1)  As used in this section:

19         (a)  The term "dependent child" means any person,

20  whether or not living with his or her parent, who is eligible

21  to be claimed by his or her parent as a dependent under the

22  federal income tax code.

23         (b)  The term "institution of higher education" means

24  any public community college or state university.

25         (c)  A "legal resident" or "resident" is a person who

26  has maintained his or her residence in this state for the

27  preceding year, has purchased a home which is occupied by him

28  or her as his or her residence, or has established a domicile

29  in this state pursuant to s. 222.17.

30         (d)  The term "parent" means the natural or adoptive

31  parent or legal guardian of a dependent child.

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    Florida Senate - 2003     CS for CS for SB's 1852, 1628 & 2344
    309-2535-03




 1         (e)  A "resident for tuition purposes" is a person who

 2  qualifies as provided in subsection (2) for the in-state

 3  tuition rate; a "nonresident for tuition purposes" is a person

 4  who does not qualify for the in-state tuition rate.

 5         (2)(a)  To qualify as a resident for tuition purposes:

 6         1.  A person or, if that person is a dependent child,

 7  his or her parent or parents must have established legal

 8  residence in this state and must have maintained legal

 9  residence in this state for at least 12 months immediately

10  prior to his or her qualification.

11         2.  Every applicant for admission to an institution of

12  higher education shall be required to make a statement as to

13  his or her length of residence in the state and, further,

14  shall establish that his or her presence or, if the applicant

15  is a dependent child, the presence of his or her parent or

16  parents in the state currently is, and during the requisite

17  12-month qualifying period was, for the purpose of maintaining

18  a bona fide domicile, rather than for the purpose of

19  maintaining a mere temporary residence or abode incident to

20  enrollment in an institution of higher education.

21         (b)  However, with respect to a dependent child living

22  with an adult relative other than the child's parent, such

23  child may qualify as a resident for tuition purposes if the

24  adult relative is a legal resident who has maintained legal

25  residence in this state for at least 12 months immediately

26  prior to the child's qualification, provided the child has

27  resided continuously with such relative for the 5 years

28  immediately prior to the child's qualification, during which

29  time the adult relative has exercised day-to-day care,

30  supervision, and control of the child.

31  

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    Florida Senate - 2003     CS for CS for SB's 1852, 1628 & 2344
    309-2535-03




 1         (c)  The legal residence of a dependent child whose

 2  parents are divorced, separated, or otherwise living apart

 3  will be deemed to be this state if either parent is a legal

 4  resident of this state, regardless of which parent is entitled

 5  to claim, and does in fact claim, the minor as a dependent

 6  pursuant to federal individual income tax provisions.

 7         (3)  An individual shall not be classified as a

 8  resident for tuition purposes and, thus, shall not be eligible

 9  to receive the in-state tuition rate until he or she has

10  provided such evidence related to legal residence and its

11  duration as may be required by officials of the institution of

12  higher education from which he or she seeks the in-state

13  tuition rate.

14         (4)  With respect to a dependent child, the legal

15  residence of such individual's parent or parents is prima

16  facie evidence of the individual's legal residence, which

17  evidence may be reinforced or rebutted, relative to the age

18  and general circumstances of the individual, by the other

19  evidence of legal residence required of or presented by the

20  individual. However, the legal residence of an individual

21  whose parent or parents are domiciled outside this state is

22  not prima facie evidence of the individual's legal residence

23  if that individual has lived in this state for 5 consecutive

24  years prior to enrolling or reregistering at the institution

25  of higher education at which resident status for tuition

26  purposes is sought.

27         (5)  In making a domiciliary determination related to

28  the classification of a person as a resident or nonresident

29  for tuition purposes, the domicile of a married person,

30  irrespective of sex, shall be determined, as in the case of an

31  

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    Florida Senate - 2003     CS for CS for SB's 1852, 1628 & 2344
    309-2535-03




 1  unmarried person, by reference to all relevant evidence of

 2  domiciliary intent.  For the purposes of this section:

 3         (a)  A person shall not be precluded from establishing

 4  or maintaining legal residence in this state and subsequently

 5  qualifying or continuing to qualify as a resident for tuition

 6  purposes solely by reason of marriage to a person domiciled

 7  outside this state, even when that person's spouse continues

 8  to be domiciled outside of this state, provided such person

 9  maintains his or her legal residence in this state.

10         (b)  A person shall not be deemed to have established

11  or maintained a legal residence in this state and subsequently

12  to have qualified or continued to qualify as a resident for

13  tuition purposes solely by reason of marriage to a person

14  domiciled in this state.

15         (c)  In determining the domicile of a married person,

16  irrespective of sex, the fact of the marriage and the place of

17  domicile of such person's spouse shall be deemed relevant

18  evidence to be considered in ascertaining domiciliary intent.

19         (6)  Any nonresident person, irrespective of sex, who

20  marries a legal resident of this state or marries a person who

21  later becomes a legal resident may, upon becoming a legal

22  resident of this state, accede to the benefit of the spouse's

23  immediately precedent duration as a legal resident for

24  purposes of satisfying the 12-month durational requirement of

25  this section.

26         (7)  A person shall not lose his or her resident status

27  for tuition purposes solely by reason of serving, or, if such

28  person is a dependent child, by reason of his or her parent's

29  or parents' serving, in the Armed Forces outside this state.

30         (8)  A person who has been properly classified as a

31  resident for tuition purposes but who, while enrolled in an

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    Florida Senate - 2003     CS for CS for SB's 1852, 1628 & 2344
    309-2535-03




 1  institution of higher education in this state, loses his or

 2  her resident tuition status because the person or, if he or

 3  she is a dependent child, the person's parent or parents

 4  establish domicile or legal residence elsewhere shall continue

 5  to enjoy the in-state tuition rate for a statutory grace

 6  period, which period shall be measured from the date on which

 7  the circumstances arose that culminated in the loss of

 8  resident tuition status and shall continue for 12 months.

 9  However, if the 12-month grace period ends during a semester

10  or academic term for which such former resident is enrolled,

11  such grace period shall be extended to the end of that

12  semester or academic term.

13         (9)  Any person who ceases to be enrolled at or who

14  graduates from an institution of higher education while

15  classified as a resident for tuition purposes and who

16  subsequently abandons his or her domicile in this state shall

17  be permitted to reenroll at an institution of higher education

18  in this state as a resident for tuition purposes without the

19  necessity of meeting the 12-month durational requirement of

20  this section if that person has reestablished his or her

21  domicile in this state within 12 months of such abandonment

22  and continuously maintains the reestablished domicile during

23  the period of enrollment. The benefit of this subsection shall

24  not be accorded more than once to any one person.

25         (10)  The following persons shall be classified as

26  residents for tuition purposes:

27         (a)  Active duty members of the Armed Services of the

28  United States residing or stationed in this state, their

29  spouses, and dependent children, and active members of the

30  Florida National Guard who qualify under s. 250.10(7) and (8)

31  for the tuition assistance program.

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    Florida Senate - 2003     CS for CS for SB's 1852, 1628 & 2344
    309-2535-03




 1         (b)  Active duty members of the Armed Services of the

 2  United States and their spouses attending a public community

 3  college or state university within 50 miles of the military

 4  establishment where they are stationed, if such military

 5  establishment is within a county contiguous to Florida.

 6         (c)  United States citizens living on the Isthmus of

 7  Panama, who have completed 12 consecutive months of college

 8  work at the Florida State University Panama Canal Branch, and

 9  their spouses and dependent children.

10         (d)  Full-time instructional and administrative

11  personnel employed by state public schools, community

12  colleges, and institutions of higher education, as defined in

13  s. 1000.04, and their spouses and dependent children.

14         (e)  Students from Latin America and the Caribbean who

15  receive scholarships from the federal or state government.

16  Any student classified pursuant to this paragraph shall

17  attend, on a full-time basis, a Florida institution of higher

18  education.

19         (f)  Southern Regional Education Board's Academic

20  Common Market graduate students attending Florida's state

21  universities.

22         (g)  Full-time employees of state agencies or political

23  subdivisions of the state when the student fees are paid by

24  the state agency or political subdivision for the purpose of

25  job-related law enforcement or corrections training.

26         (h)  McKnight Doctoral Fellows and Finalists who are

27  United States citizens.

28         (i)  United States citizens living outside the United

29  States who are teaching at a Department of Defense Dependent

30  School or in an American International School and who enroll

31  

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    Florida Senate - 2003     CS for CS for SB's 1852, 1628 & 2344
    309-2535-03




 1  in a graduate level education program which leads to a Florida

 2  teaching certificate.

 3         (j)  Active duty members of the Canadian military

 4  residing or stationed in this state under the North American

 5  Air Defense (NORAD) agreement, and their spouses and dependent

 6  children, attending a community college or state university

 7  within 50 miles of the military establishment where they are

 8  stationed.

 9         (k)  Students, other than nonimmigrant aliens within

10  the meaning of 8 U.S.C. s. 1101(a)(15), who meet the following

11  requirements:

12         1.  Have resided in this state with a parent as defined

13  in paragraph (1)(d) for at least 3 consecutive years

14  immediately preceding the date the student received a high

15  school diploma or its equivalent and have attended a high

16  school in this state for at least 3 consecutive school years

17  during such time.

18         2.  Have provided to a public community college or a

19  state university an affidavit stating that the student will

20  file an application to become a permanent resident of the

21  United States at the earliest opportunity he or she is

22  eligible to do so.

23         (l)  Active duty members of a foreign nation's military

24  serving as liaison officers and residing or stationed in this

25  state, and their spouses and dependent children, attending a

26  community college or state university within 50 miles of the

27  military establishment where they are stationed.

28         (11)  The State Board of Education shall by rule

29  designate classifications of students as residents or

30  nonresidents for tuition purposes at community colleges and

31  state universities.

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    Florida Senate - 2003     CS for CS for SB's 1852, 1628 & 2344
    309-2535-03




 1         Section 2.  This act shall take effect July 1, 2003.

 2  

 3          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
 4                CS for SB 1852 & SB 1628 & SB 2344

 5                                 

 6  The original committee substitute classifies a student as a
    resident for tuition purposes under certain conditions,
 7  including whether the student has resided in the state for at
    least three consecutive years immediately preceding the date
 8  the student received a high school diploma or its equivalent,
    and has attended a high school in this state for at least
 9  three consecutive school years during such time.  This
    committee substitute clarifies that such a student should have
10  lived with his or her parent or legal guardian during the
    three consecutive years.
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