HB 0127A 2003
1	A bill to be entitled
2	An act relating to resident status for tuition purposes;
3	amending s. 1009.21, F.S.; providing an exemption from
4	payment of nonresident tuition at community colleges and
5	state universities for certain students meeting
6	eligibility criteria; reenacting s. 1009.40(1)(a), F.S.,
7	relating to general requirements for eligibility for state
8	financial aid, to incorporate the amendment to s. 1009.21,
9	F.S., in a reference; providing for construction of the
10	act in pari materia with laws enacted during the 2003
11	Regular Session of the Legislature; providing an effective
12	date.
13
14	Be It Enacted by the Legislature of the State of Florida:
15
16	Section 1. Subsection (11) of section 1009.21, Florida
17	Statutes, is renumbered as subsection (12) and a new subsection
18	(11) is added to said section to read:
19	1009.21 Determination of resident status for tuition
20	purposes; exemption.--Students shall be classified as residents
21	or nonresidents for the purpose of assessing tuition in
22	community colleges and state universities.
23	(11) A student, other than a nonimmigrant alien within the
24	meaning of Title 8 U.S.C. s. 1101(a)(15), who meets all of the
25	following requirements shall be exempt from paying nonresident
26	tuition at community colleges and state universities:
27	(a) Has resided in Florida with a parent as defined in
28	paragraph (1)(d) for at least 3 consecutive years immediately
29	preceding the date the student received a high school diploma or
30	its equivalent and has attended a Florida high school for at
31	least 3 consecutive school years during such time.
32	(b) Has provided to a community college or a state
33	university an affidavit stating that the student will file an
34	application to become a permanent resident of the United States
35	at the earliest opportunity he or she is eligible to do so.
36	Section 2. For the purpose of incorporating the amendment
37	to section 1009.21, Florida Statutes, in a reference thereto,
38	paragraph (a) of subsection (1) of section 1009.40, Florida
39	Statutes, is reenacted to read:
40	1009.40 General requirements for student eligibility for
41	state financial aid.--
42	(1)(a) The general requirements for eligibility of
43	students for state financial aid awards consist of the
44	following:
45	1. Achievement of the academic requirements of and
46	acceptance at a state university or community college; a nursing
47	diploma school approved by the Florida Board of Nursing; a
48	Florida college, university, or community college which is
49	accredited by an accrediting agency recognized by the State
50	Board of Education; any Florida institution the credits of which
51	are acceptable for transfer to state universities; any technical
52	center; or any private technical institution accredited by an
53	accrediting agency recognized by the State Board of Education.
54	2. Residency in this state for no less than 1 year
55	preceding the award of aid for a program established pursuant to
56	s. 1009.50, s. 1009.51, s. 1009.52, s. 1009.53, s. 1009.54, s.
57	1009.56, s. 1009.57, s. 1009.60, s. 1009.62, s. 1009.63, s.
58	1009.68, s. 1009.72, s. 1009.73, s. 1009.76, s. 1009.77, or s.
59	1009.89. Residency in this state must be for purposes other than
60	to obtain an education. Resident status for purposes of
61	receiving state financial aid awards shall be determined in the
62	same manner as resident status for tuition purposes pursuant to
63	s. 1009.21 and rules of the State Board of Education.
64	3. Submission of certification attesting to the accuracy,
65	completeness, and correctness of information provided to
66	demonstrate a student's eligibility to receive state financial
67	aid awards. Falsification of such information shall result in
68	the denial of any pending application and revocation of any
69	award currently held to the extent that no further payments
70	shall be made. Additionally, students who knowingly make false
71	statements in order to receive state financial aid awards shall
72	be guilty of a misdemeanor of the second degree subject to the
73	provisions of s. 837.06 and shall be required to return all
74	state financial aid awards wrongfully obtained.
75	Section 3. If any law amended by this act was also amended
76	by a law enacted at the 2003 Regular Session of the Legislature,
77	such laws shall be construed as if they had been enacted at the
78	same session of the Legislature, and full effect shall be given
79	to each if possible.
80	Section 4. This act shall take effect July 1, 2003.