HB 0119 2004
1	A bill to be entitled
2	An act relating to resident status for tuition purposes;
3	amending s. 1009.21, F.S.; classifying as residents for
4	tuition purposes certain active duty members of a foreign
5	nation's military and certain employees of international
6	multilateral organizations; providing an exemption from
7	payment of nonresident tuition at community colleges and
8	state universities for certain students meeting
9	eligibility criteria; reenacting s. 1009.40(1)(a), F.S.,
10	relating to general requirements for eligibility for state
11	financial aid, to incorporate the amendment to s. 1009.21,
12	F.S., in a reference; providing an effective date.
13
14	Be It Enacted by the Legislature of the State of Florida:
15
16	Section 1. Paragraphs (k) and (l) are added to subsection
17	(10) of section 1009.21, Florida Statutes, subsection (11) of
18	said section is renumbered as subsection (12), and a new
19	subsection (11) is added to said section to read:
20	1009.21 Determination of resident status for tuition
21	purposes; exemption.--Students shall be classified as residents
22	or nonresidents for the purpose of assessing tuition in
23	community colleges and state universities.
24	(10) The following persons shall be classified as
25	residents for tuition purposes:
26	(k) Active duty members of a foreign nation's military
27	serving as liaison officers and residing or stationed in this
28	state, and their spouses and dependent children, attending a
29	community college or state university within 50 miles of the
30	military establishment where they are stationed.
31	(l) Full-time employees of international multilateral
32	organizations based in Florida that are recognized by the United
33	States Department of State and their spouses and dependent
34	children.
35	(11) A student, other than a nonimmigrant alien within the
36	meaning of 8 U.S.C. s. 1101(a)(15), who meets all of the
37	following requirements shall be exempt from paying nonresident
38	tuition at community colleges and state universities:
39	(a) Has resided in Florida with a parent as defined in
40	paragraph (1)(d) for at least 3 consecutive years immediately
41	preceding the date the student received a high school diploma or
42	its equivalent and has attended a Florida high school for at
43	least 3 consecutive school years during such time.
44	(b) Has provided to a community college or a state
45	university an affidavit stating that the student will file an
46	application to become a permanent resident of the United States
47	at the earliest opportunity he or she is eligible to do so.
48	Section 2. For the purpose of incorporating the amendment
49	to section 1009.21, Florida Statutes, in a reference thereto,
50	paragraph (a) of subsection (1) of section 1009.40, Florida
51	Statutes, is reenacted to read:
52	1009.40 General requirements for student eligibility for
53	state financial aid.--
54	(1)(a) The general requirements for eligibility of
55	students for state financial aid awards consist of the
56	following:
57	1. Achievement of the academic requirements of and
58	acceptance at a state university or community college; a nursing
59	diploma school approved by the Florida Board of Nursing; a
60	Florida college, university, or community college which is
61	accredited by an accrediting agency recognized by the State
62	Board of Education; any Florida institution the credits of which
63	are acceptable for transfer to state universities; any technical
64	center; or any private technical institution accredited by an
65	accrediting agency recognized by the State Board of Education.
66	2. Residency in this state for no less than 1 year
67	preceding the award of aid for a program established pursuant to
68	s. 1009.50, s. 1009.51, s. 1009.52, s. 1009.53, s. 1009.54, s.
69	1009.56, s. 1009.57, s. 1009.60, s. 1009.62, s. 1009.63, s.
70	1009.68, s. 1009.72, s. 1009.73, s. 1009.76, s. 1009.77, or s.
71	1009.89. Residency in this state must be for purposes other than
72	to obtain an education. Resident status for purposes of
73	receiving state financial aid awards shall be determined in the
74	same manner as resident status for tuition purposes pursuant to
75	s. 1009.21 and rules of the State Board of Education.
76	3. Submission of certification attesting to the accuracy,
77	completeness, and correctness of information provided to
78	demonstrate a student's eligibility to receive state financial
79	aid awards. Falsification of such information shall result in
80	the denial of any pending application and revocation of any
81	award currently held to the extent that no further payments
82	shall be made. Additionally, students who knowingly make false
83	statements in order to receive state financial aid awards shall
84	be guilty of a misdemeanor of the second degree subject to the
85	provisions of s. 837.06 and shall be required to return all
86	state financial aid awards wrongfully obtained.
87	Section 3. This act shall take effect upon becoming a law.