HB 0119

CS

CHAMBER ACTION

1	The Education Appropriations Committee recommends the following:
2	Council/Committee Substitute
3	Remove the entire bill and insert:
4	A bill to be entitled
5	An act relating to postsecondary student fees; amending s.
6	1009.21, F.S., relating to determination of resident
7	status for tuition purposes; revising definitions;
8	providing conditions for reclassification as a resident
9	for tuition purposes; requiring that evidence be provided
10	relating to legal residency and dependent status;
11	providing duties of institutions of higher education;
12	updating obsolete terminology; classifying as residents
13	for tuition purposes certain employees of international
14	multilateral organizations; creating s. 1009.255, F.S.;
15	providing an out-of-state fee exemption; providing
16	eligibility criteria; providing for distribution of the
17	exemption; limiting participation in the program;
18	requiring the Department of Education to administer the
19	exemption program; prohibiting use of the exemption for
20	certain purposes; providing an effective date.
21
22	Be It Enacted by the Legislature of the State of Florida:
23
24	Section 1.  Subsections (1), (2), and (3) and paragraphs
25	(b) and (j) of subsection (10) of section 1009.21, Florida
26	Statutes, are amended, and paragraph (l) is added to subsection
27	(10) of that section, to read:
28	1009.21  Determination of resident status for tuition
29	purposes.--Students shall be classified as residents or
30	nonresidents for the purpose of assessing tuition in community
31	colleges and state universities.
32	(1)  As used in this section, the term:
33	(a)  The term "Dependent child" means any person, whether
34	or not living with his or her parent, who is eligible to be
35	claimed by his or her parent as a dependent under the federal
36	income tax code and who receives at least 51 percent of the true
37	cost-of-living expenses from his or her parent, as further
38	defined in rules of the State Board of Education.
39	(b)  "Initial enrollment" means the first day of class at
40	an institution of higher education.
41	(c)(b)  The term "Institution of higher education" means
42	any public community college or state university.
43	(d)(c)  A "Legal resident" or "resident" means is a person
44	who has maintained his or her residence in this state for the
45	preceding year, has purchased a home which is occupied by him or
46	her as his or her residence, or has established a domicile in
47	this state pursuant to s. 222.17.
48	(e)  "Nonresident for tuition purposes" means a person who
49	does not qualify for the in-state tuition rate.
50	(f)(d)  The term "Parent" means the natural or adoptive
51	parent or legal guardian of a dependent child.
52	(g)(e)  A "Resident for tuition purposes" means is a person
53	who qualifies as provided in subsection (2) for the in-state
54	tuition rate; a "nonresident for tuition purposes" is a person
55	who does not qualify for the in-state tuition rate.
56	(2)(a)  To qualify as a resident for tuition purposes:
57	1.  A person or, if that person is a dependent child, his
58	or her parent or parents must have established legal residence
59	in this state and must have maintained legal residence in this
60	state for at least 12 consecutive months immediately prior to
61	his or her initial enrollment in an institution of higher
62	education qualification.
63	2.  Every applicant for admission to an institution of
64	higher education shall be required to make a statement as to his
65	or her length of residence in the state and, further, shall
66	establish that his or her presence or, if the applicant is a
67	dependent child, the presence of his or her parent or parents in
68	the state currently is, and during the requisite 12-month
69	qualifying period was, for the purpose of maintaining a bona
70	fide domicile, rather than for the purpose of maintaining a mere
71	temporary residence or abode incident to enrollment in an
72	institution of higher education.
73	(b)  However, with respect to a dependent child living with
74	an adult relative other than the child's parent, such child may
75	qualify as a resident for tuition purposes if the adult relative
76	is a legal resident who has maintained legal residence in this
77	state for at least 12 consecutive months immediately prior to
78	the child's initial enrollment in an institution of higher
79	education qualification, provided the child has resided
80	continuously with such relative for the 5 years immediately
81	prior to the child's initial enrollment qualification, during
82	which time the adult relative has exercised day-to-day care,
83	supervision, and control of the child.
84	(c)  The legal residence of a dependent child whose parents
85	are divorced, separated, or otherwise living apart will be
86	deemed to be this state if either parent is a legal resident of
87	this state, regardless of which parent is entitled to claim, and
88	does in fact claim, the minor as a dependent pursuant to federal
89	individual income tax provisions.
90	(d)  A person who is classified as a nonresident for
91	tuition purposes may become eligible for reclassification as a
92	resident for tuition purposes if that person or, if that person
93	is a dependent child, his or her parent presents documentation
94	that supports permanent residency in this state rather than
95	temporary residency for the purpose of pursuing an education,
96	such as documentation of full-time permanent employment for the
97	previous 12 months or the purchase of a home in this state and
98	residence therein for the prior 12 months. If a person who is a
99	dependent child and his or her parent move to this state while
100	such child is a high school student and the child graduates from
101	a high school in this state, the child may become eligible for
102	reclassification as a resident for tuition purposes when the
103	parent qualifies for permanent residency.
104	(3)(a)  An individual shall not be classified as a resident
105	for tuition purposes and, thus, shall not be eligible to receive
106	the in-state tuition rate until he or she has provided such
107	evidence related to legal residence and its duration or, if that
108	individual is a dependent child, documentation of his or her
109	parent's legal residence and its duration, as well as
110	documentation confirming his or her status as a dependent child,
111	as may be required by law and by officials of the institution of
112	higher education from which he or she seeks the in-state tuition
113	rate.
114	(b)  Each institution of higher education must:
115	1.  Determine whether an applicant who has been granted
116	admission to that institution is a dependent child.
117	2.  Affirmatively determine that an applicant who has been
118	granted admission to that institution as a Florida resident
119	meets the residency requirements of this section at the time of
120	initial enrollment.
121	(10)  The following persons shall be classified as
122	residents for tuition purposes:
123	(b)  Active duty members of the Armed Services of the
124	United States, and their spouses and dependent children,
125	dependents attending a public community college or state
126	university within 50 miles of the military establishment where
127	they are stationed, if such military establishment is within a
128	county contiguous to Florida.
129	(j)  Active duty members of the Canadian military residing
130	or stationed in this state under the North American Aerospace
131	Defense Command Air Defense (NORAD) agreement, and their spouses
132	and dependent children, attending a community college or state
133	university within 50 miles of the military establishment where
134	they are stationed.
135	(l)  Full-time employees of international multilateral
136	organizations based in Florida that are recognized by the United
137	States Department of State and their spouses and dependent
138	children.
139	Section 2.  Section 1009.255, Florida Statutes, is created
140	to read:
141	1009.255  Out-of-state fee exemption.--
142	(1)  A student who meets all of the following requirements
143	may be eligible for an exemption from paying out-of-state fees
144	assessed pursuant to s. 1009.22, s. 1009.23, or s. 1009.24:
145	(a)  The student resided in Florida with a parent for at
146	least 3 consecutive years immediately preceding the date the
147	student received a high school diploma, or its equivalent, and
148	attended a Florida public high school for at least 3 consecutive
149	school years during such time.
150	(b)  The student is accepted by and enrolls in a community
151	college or state university within 12 months after receiving a
152	high school diploma or its equivalent.
153	(c)  The student submits an application for the exemption
154	to the Department of Education in the manner prescribed by the
155	department and by the deadline established by the department.
156	(2)(a)  For the 2006-2007 academic year, the Department of
157	Education shall distribute the exemptions in the following
158	manner:
159	1.  To the first 1,500 students currently enrolled in a
160	community college or state university who have a cumulative
161	grade point average of at least 2.0 and who submit an
162	application to the department and meet the criteria in
163	subsection (1).
164	2.  To the top 500 students in academic performance in
165	Florida public high schools who submit an application to the
166	department and meet the criteria in subsection (1).
167	(b)  Beginning with the 2007-2008 academic year, the
168	Department of Education shall issue no more than 500 new
169	exemptions per year to the top 500 students in academic
170	performance in Florida public high schools who submit an
171	application to the department and meet the criteria in
172	subsection (1).
173	(c)  In order to retain the exemption, a student must have
174	completed at least 12 semester credit hours or the equivalent in
175	the previous academic year and maintain at least a 2.0
176	cumulative grade point average.
177	(3)(a)  The Department of Education shall administer the
178	exemption program, develop an application form, and establish
179	deadlines and guidelines for student participation.
180	(b)  The department shall issue the exemptions by August 31
181	of each year and shall notify the student and the community
182	college or state university in which the student is enrolled.
183	(4)  The exemption may not be used for remedial courses,
184	graduate-level courses, or professional-level courses.
185	Section 3.  This act shall take effect July 1, 2006.

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