HB 0119

CS

CHAMBER ACTION

1	The Colleges & Universities Committee recommends the following:
2
3	Council/Committee Substitute
4	Remove the entire bill and insert:
5	A bill to be entitled
6	An act relating to determination of resident status for
7	tuition purposes; amending s. 1009.21, F.S.; revising
8	definitions; providing conditions for reclassification as
9	a resident for tuition purposes; requiring that evidence
10	be provided relating to legal residency and dependent
11	status; providing duties of institutions of higher
12	education; updating obsolete terminology; providing
13	additional categories within which students may be
14	classified as residents for tuition purposes; providing an
15	effective date.
16
17	Be It Enacted by the Legislature of the State of Florida:
18
19	Section 1.  Subsections (1), (2), and (3) and paragraphs
20	(b) and (j) of subsection (10) of section 1009.21, Florida
21	Statutes, are amended, and paragraphs (l) and (m) are added to
22	subsection (10) of that section, to read:
23	1009.21  Determination of resident status for tuition
24	purposes.--Students shall be classified as residents or
25	nonresidents for the purpose of assessing tuition in community
26	colleges and state universities.
27	(1)  As used in this section, the term:
28	(a)  The term "Dependent child" means any person, whether
29	or not living with his or her parent, who is eligible to be
30	claimed by his or her parent as a dependent under the federal
31	income tax code and who receives at least 51 percent of the true
32	cost-of-living expenses from his or her parent, as further
33	defined in rules of the State Board of Education.
34	(b)  "Initial enrollment" means the first day of class at
35	an institution of higher education.
36	(c)(b)  The term "Institution of higher education" means
37	any public community college or state university.
38	(d)(c)  A "Legal resident" or "resident" means is a person
39	who has maintained his or her residence in this state for the
40	preceding year, has purchased a home which is occupied by him or
41	her as his or her residence, or has established a domicile in
42	this state pursuant to s. 222.17.
43	(e)  "Nonresident for tuition purposes" means a person who
44	does not qualify for the in-state tuition rate.
45	(f)(d)  The term "Parent" means the natural or adoptive
46	parent or legal guardian of a dependent child.
47	(g)(e)  A "Resident for tuition purposes" means is a person
48	who qualifies as provided in subsection (2) for the in-state
49	tuition rate; a "nonresident for tuition purposes" is a person
50	who does not qualify for the in-state tuition rate.
51	(2)(a)  To qualify as a resident for tuition purposes:
52	1.  A person or, if that person is a dependent child, his
53	or her parent or parents must have established legal residence
54	in this state and must have maintained legal residence in this
55	state for at least 12 consecutive months immediately prior to
56	his or her initial enrollment in an institution of higher
57	education qualification.
58	2.  Every applicant for admission to an institution of
59	higher education shall be required to make a statement as to his
60	or her length of residence in the state and, further, shall
61	establish that his or her presence or, if the applicant is a
62	dependent child, the presence of his or her parent or parents in
63	the state currently is, and during the requisite 12-month
64	qualifying period was, for the purpose of maintaining a bona
65	fide domicile, rather than for the purpose of maintaining a mere
66	temporary residence or abode incident to enrollment in an
67	institution of higher education.
68	(b)  However, with respect to a dependent child living with
69	an adult relative other than the child's parent, such child may
70	qualify as a resident for tuition purposes if the adult relative
71	is a legal resident who has maintained legal residence in this
72	state for at least 12 consecutive months immediately prior to
73	the child's initial enrollment in an institution of higher
74	education qualification, provided the child has resided
75	continuously with such relative for the 5 years immediately
76	prior to the child's initial enrollment qualification, during
77	which time the adult relative has exercised day-to-day care,
78	supervision, and control of the child.
79	(c)  The legal residence of a dependent child whose parents
80	are divorced, separated, or otherwise living apart will be
81	deemed to be this state if either parent is a legal resident of
82	this state, regardless of which parent is entitled to claim, and
83	does in fact claim, the minor as a dependent pursuant to federal
84	individual income tax provisions.
85	(d)  A person who is classified as a nonresident for
86	tuition purposes may become eligible for reclassification as a
87	resident for tuition purposes if that person or, if that person
88	is a dependent child, his or her parent presents documentation
89	that supports permanent residency in this state rather than
90	temporary residency for the purpose of pursuing an education,
91	such as documentation of full-time permanent employment for the
92	previous 12 months or the purchase of a home in this state and
93	residence therein for the prior 12 months. If a person who is a
94	dependent child and his or her parent move to this state while
95	such child is a high school student and the child graduates from
96	a high school in this state, the child may become eligible for
97	reclassification as a resident for tuition purposes when the
98	parent qualifies for permanent residency.
99	(3)(a)  An individual shall not be classified as a resident
100	for tuition purposes and, thus, shall not be eligible to receive
101	the in-state tuition rate until he or she has provided such
102	evidence related to legal residence and its duration or, if that
103	individual is a dependent child, documentation of his or her
104	parent's legal residence and its duration, as well as
105	documentation confirming his or her status as a dependent child,
106	as may be required by law and by officials of the institution of
107	higher education from which he or she seeks the in-state tuition
108	rate.
109	(b)  Each institution of higher education must:
110	1.  Determine whether an applicant who has been granted
111	admission to that institution is a dependent child.
112	2.  Affirmatively determine that an applicant who has been
113	granted admission to that institution as a Florida resident
114	meets the residency requirements of this section at the time of
115	initial enrollment.
116	(10)  The following persons shall be classified as
117	residents for tuition purposes:
118	(b)  Active duty members of the Armed Services of the
119	United States, and their spouses and dependent children,
120	dependents attending a public community college or state
121	university within 50 miles of the military establishment where
122	they are stationed, if such military establishment is within a
123	county contiguous to Florida.
124	(j)  Active duty members of the Canadian military residing
125	or stationed in this state under the North American Aerospace
126	Defense Command Air Defense (NORAD) agreement, and their spouses
127	and dependent children, attending a community college or state
128	university within 50 miles of the military establishment where
129	they are stationed.
130	(l)  Full-time employees of international multilateral
131	organizations based in Florida that are recognized by the United
132	States Department of State and their spouses and dependent
133	children.
134	(m)  A student, other than a nonimmigrant alien within the
135	meaning of 8 U.S.C. s. 1001(a)(15), who meets the following
136	criteria:
137	1.  Has resided in Florida with a parent for at least 3
138	consecutive years immediately preceding the date the student
139	received a high school diploma or its equivalent.
140	2.  Has attended a Florida high school for at least 3
141	consecutive school years during such time.
142	3.  Has filed an affidavit with the institution of higher
143	education stating that the student has filed an application to
144	legalize his or her immigration status or will file such
145	application as soon as he or she is eligible to do so.
146	Section 2.  This act shall take effect July 1, 2006.

CODING: Words stricken are deletions; words underlined are additions.