Senate Bill sb1852e1

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    CS for CS for SB's 1852, 1628 & 2344           First Engrossed



  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; providing an

  6         effective date.

  7  

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

  9  

10         Section 1.  Section 1009.21, Florida Statutes, is

11  amended to read:

12         1009.21  Determination of resident status for tuition

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

14  residents or nonresidents for the purpose of assessing tuition

15  in community colleges and state universities.

16         (1)  As used in this section:

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

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

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

20  federal income tax code.

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

22  any public community college or state university.

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

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

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

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

27  in this state pursuant to s. 222.17.

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

29  parent or legal guardian of a dependent child.

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

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


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    CS for CS for SB's 1852, 1628 & 2344           First Engrossed



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

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

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

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

 5  his or her parent or parents must have established legal

 6  residence in this state and must have maintained legal

 7  residence in this state for at least 12 months immediately

 8  prior to his or her qualification.

 9         2.  Every applicant for admission to an institution of

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

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

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

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

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

15  12-month qualifying period was, for the purpose of maintaining

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

17  maintaining a mere temporary residence or abode incident to

18  enrollment in an institution of higher education.

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

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

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

22  adult relative is a legal resident who has maintained legal

23  residence in this state for at least 12 months immediately

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

25  resided continuously with such relative for the 5 years

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

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

28  supervision, and control of the child.

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

30  parents are divorced, separated, or otherwise living apart

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


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    CS for CS for SB's 1852, 1628 & 2344           First Engrossed



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

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

 3  pursuant to federal individual income tax provisions.

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

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

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

 7  provided such evidence related to legal residence and its

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

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

10  tuition rate.

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

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

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

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

15  and general circumstances of the individual, by the other

16  evidence of legal residence required of or presented by the

17  individual. However, the legal residence of an individual

18  whose parent or parents are domiciled outside this state is

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

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

21  years prior to enrolling or reregistering at the institution

22  of higher education at which resident status for tuition

23  purposes is sought.

24         (5)  In making a domiciliary determination related to

25  the classification of a person as a resident or nonresident

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

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

28  unmarried person, by reference to all relevant evidence of

29  domiciliary intent.  For the purposes of this section:

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

31  or maintaining legal residence in this state and subsequently


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    CS for CS for SB's 1852, 1628 & 2344           First Engrossed



 1  qualifying or continuing to qualify as a resident for tuition

 2  purposes solely by reason of marriage to a person domiciled

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

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

 5  maintains his or her legal residence in this state.

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

 7  or maintained a legal residence in this state and subsequently

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

 9  tuition purposes solely by reason of marriage to a person

10  domiciled in this state.

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

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

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

14  evidence to be considered in ascertaining domiciliary intent.

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

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

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

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

19  immediately precedent duration as a legal resident for

20  purposes of satisfying the 12-month durational requirement of

21  this section.

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

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

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

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

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

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

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

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

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

31  establish domicile or legal residence elsewhere shall continue


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    CS for CS for SB's 1852, 1628 & 2344           First Engrossed



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

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

 3  the circumstances arose that culminated in the loss of

 4  resident tuition status and shall continue for 12 months.

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

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

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

 8  semester or academic term.

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

10  graduates from an institution of higher education while

11  classified as a resident for tuition purposes and who

12  subsequently abandons his or her domicile in this state shall

13  be permitted to reenroll at an institution of higher education

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

15  necessity of meeting the 12-month durational requirement of

16  this section if that person has reestablished his or her

17  domicile in this state within 12 months of such abandonment

18  and continuously maintains the reestablished domicile during

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

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

21         (10)  The following persons shall be classified as

22  residents for tuition purposes:

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

24  United States residing or stationed in this state, their

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

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

27  for the tuition assistance program.

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

29  United States and their spouses attending a public community

30  college or state university within 50 miles of the military

31  


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    CS for CS for SB's 1852, 1628 & 2344           First Engrossed



 1  establishment where they are stationed, if such military

 2  establishment is within a county contiguous to Florida.

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

 4  Panama, who have completed 12 consecutive months of college

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

 6  their spouses and dependent children.

 7         (d)  Full-time instructional and administrative

 8  personnel employed by state public schools, community

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

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

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

12  receive scholarships from the federal or state government.

13  Any student classified pursuant to this paragraph shall

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

15  education.

16         (f)  Southern Regional Education Board's Academic

17  Common Market graduate students attending Florida's state

18  universities.

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

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

21  the state agency or political subdivision for the purpose of

22  job-related law enforcement or corrections training.

23         (h)  McKnight Doctoral Fellows and Finalists who are

24  United States citizens.

25         (i)  United States citizens living outside the United

26  States who are teaching at a Department of Defense Dependent

27  School or in an American International School and who enroll

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

29  teaching certificate.

30         (j)  Active duty members of the Canadian military

31  residing or stationed in this state under the North American


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    CS for CS for SB's 1852, 1628 & 2344           First Engrossed



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

 2  children, attending a community college or state university

 3  within 50 miles of the military establishment where they are

 4  stationed.

 5         (k)  Students, other than nonimmigrant aliens within

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

 7  requirements:

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

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

10  immediately preceding the date the student received a high

11  school diploma or its equivalent and have attended a high

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

13  during such time.

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

15  state university an affidavit stating that the student will

16  file an application to become a permanent resident of the

17  United States at the earliest opportunity he or she is

18  eligible to do so.

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

20  designate classifications of students as residents or

21  nonresidents for tuition purposes at community colleges and

22  state universities.

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

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