HB 1243

1	A bill to be entitled
2	An act relating to determination of resident status for
3	tuition purposes; amending s. 1009.21, F.S.; revising the
4	definitions of "dependent child" and "parent"; revising
5	residency requirements for certain dependent children;
6	authorizing an institution of higher education to verify
7	documentation of residency through electronic means under
8	certain conditions; revising requirements relating to
9	proof of employment in the state; providing for
10	classification as residents for tuition purposes of
11	certain individuals who have attended a Florida public
12	high school and individuals who receive certain tuition
13	exemptions or waivers; providing requirements for
14	recognition of the classification of a student as a
15	resident for tuition purposes by an institution to which a
16	student may transfer; providing an effective date.
17
18	Be It Enacted by the Legislature of the State of Florida:
19
20	Section 1.  Section 1009.21, Florida Statutes, is amended
21	to read:
22	1009.21  Determination of resident status for tuition
23	purposes.-Students shall be classified as residents or
24	nonresidents for the purpose of assessing tuition in the Florida
25	College System community colleges and the State University
26	System universities.
27	(1)  As used in this section, the term:
28	(a)  "Dependent child" means any person, whether or not
29	living with his or her parent, who is eligible to be claimed by
30	his or her parent as a dependent under the federal income tax
31	code. If a child provides more than 50 percent of the
32	institutionally defined cost of attendance or if a child meets
33	the criteria for independent status as established for federal
34	financial aid purposes, the child may not be considered a
35	dependent child.
36	(b)  "Initial enrollment" means the first day of class at
37	an institution of higher education.
38	(c)  "Institution of higher education" means any community
39	college as defined in s. 1000.21(3) or state university as
40	defined in s. 1000.21(6).
41	(d)  "Legal resident" or "resident" means a person who has
42	maintained his or her residence in this state for the preceding
43	year, has purchased a home which is occupied by him or her as
44	his or her residence, or has established a domicile in this
45	state pursuant to s. 222.17.
46	(e)  "Nonresident for tuition purposes" means a person who
47	does not qualify for the in-state tuition rate.
48	(f)  "Parent" means the natural or adoptive parent,
49	stepparent, or legal guardian of a dependent child.
50	(g)  "Resident for tuition purposes" means a person who
51	qualifies as provided in this section for the in-state tuition
52	rate.
53	(2)(a)  To qualify as a resident for tuition purposes:
54	1.  A person or, if that person is a dependent child, his
55	or her parent or parents must have established legal residence
56	in this state and must have maintained legal residence in this
57	state for at least 12 consecutive months immediately prior to
58	his or her initial enrollment in an institution of higher
59	education.
60	2.  Every applicant for admission to an institution of
61	higher education shall be required to make a statement as to his
62	or her length of residence in the state and, further, shall
63	establish that his or her presence or, if the applicant is a
64	dependent child, the presence of his or her parent or parents in
65	the state currently is, and during the requisite 12-month
66	qualifying period was, for the purpose of maintaining a bona
67	fide domicile, rather than for the purpose of maintaining a mere
68	temporary residence or abode incident to enrollment in an
69	institution of higher education.
70	(b)  However, with respect to a dependent child living with
71	an adult relative other than the child's parent, such child may
72	qualify as a resident for tuition purposes if the adult relative
73	is a legal resident who has maintained legal residence in this
74	state for at least 12 consecutive months immediately prior to
75	the child's initial enrollment in an institution of higher
76	education, provided the child has resided continuously with such
77	relative for the 4 5 years immediately prior to the child's
78	initial enrollment in an institution of higher education, during
79	which time the adult relative has exercised day-to-day care,
80	supervision, and control of the child.
81	(c)  The legal residence of a dependent child whose parents
82	are divorced, separated, or otherwise living apart will be
83	deemed to be this state if either parent is a legal resident of
84	this state, regardless of which parent is entitled to claim, and
85	does in fact claim, the minor as a dependent pursuant to federal
86	individual income tax provisions.
87	(3)(a)  An individual shall not be classified as a resident
88	for tuition purposes and, thus, shall not be eligible to receive
89	the in-state tuition rate until he or she has provided such
90	evidence related to legal residence and its duration or, if that
91	individual is a dependent child, evidence of his or her parent's
92	legal residence and its duration, as may be required by law and
93	by officials of the institution of higher education from which
94	he or she seeks the in-state tuition rate.
95	(b)  Except as otherwise provided in this section, evidence
96	of legal residence and its duration shall include clear and
97	convincing documentation that residency in this state was for a
98	minimum of 12 consecutive months prior to a student's initial
99	enrollment in an institution of higher education.
100	(c)  Each institution of higher education shall
101	affirmatively determine that an applicant who has been granted
102	admission to that institution as a Florida resident meets the
103	residency requirements of this section at the time of initial
104	enrollment. The residency determination must be documented by
105	the submission of written or electronic verification that
106	includes two or more of the documents identified in this
107	paragraph. No single piece of evidence shall be conclusive for
108	purposes of this paragraph. Where appropriate, an institution of
109	higher education may verify documentation through electronic
110	means if available state-maintained databases exist.
111	1.  The documents must include at least one of the
112	following:
113	a.  A Florida voter's registration card.
114	b.  A Florida driver's license.
115	c.  A State of Florida identification card.
116	d.  A Florida vehicle registration.
117	e.  Proof of a permanent home in Florida which is occupied
118	as a primary residence by the individual or by the individual's
119	parent if the individual is a dependent child.
120	f.  Proof of a homestead exemption in Florida.
121	g.  Transcripts from a Florida high school for multiple
122	years if the Florida high school diploma or GED was earned
123	within the last 12 months.
124	h.  Proof of permanent full-time employment in Florida for
125	at least 30 hours per week for a 12-month period.
126	2.  The documents may include one or more of the following:
127	a.  A declaration of domicile in Florida.
128	b.  A Florida professional or occupational license.
129	c.  Florida incorporation.
130	d.  A document evidencing family ties in Florida.
131	e.  Proof of membership in a Florida-based charitable or
132	professional organization.
133	f.  Any other documentation that supports the student's
134	request for resident status, including, but not limited to,
135	utility bills and proof of 12 consecutive months of payments; a
136	lease agreement and proof of 12 consecutive months of payments;
137	or an official state, federal, or court document evidencing
138	legal ties to Florida.
139	(4)  With respect to a dependent child, the legal residence
140	of the dependent child's parent or parents is prima facie
141	evidence of the dependent child's legal residence, which
142	evidence may be reinforced or rebutted, relative to the age and
143	general circumstances of the dependent child, by the other
144	evidence of legal residence required of or presented by the
145	dependent child. However, the legal residence of a dependent
146	child's parent or parents who are domiciled outside this state
147	is not prima facie evidence of the dependent child's legal
148	residence if that dependent child has lived in this state for 4
149	5 consecutive years prior to enrolling or reregistering at the
150	institution of higher education at which resident status for
151	tuition purposes is sought.
152	(5)  In making a domiciliary determination related to the
153	classification of a person as a resident or nonresident for
154	tuition purposes, the domicile of a married person, irrespective
155	of sex, shall be determined, as in the case of an unmarried
156	person, by reference to all relevant evidence of domiciliary
157	intent. For the purposes of this section:
158	(a)  A person shall not be precluded from establishing or
159	maintaining legal residence in this state and subsequently
160	qualifying or continuing to qualify as a resident for tuition
161	purposes solely by reason of marriage to a person domiciled
162	outside this state, even when that person's spouse continues to
163	be domiciled outside of this state, provided such person
164	maintains his or her legal residence in this state.
165	(b)  A person shall not be deemed to have established or
166	maintained a legal residence in this state and subsequently to
167	have qualified or continued to qualify as a resident for tuition
168	purposes solely by reason of marriage to a person domiciled in
169	this state.
170	(c)  In determining the domicile of a married person,
171	irrespective of sex, the fact of the marriage and the place of
172	domicile of such person's spouse shall be deemed relevant
173	evidence to be considered in ascertaining domiciliary intent.
174	(6)(a)  Except as otherwise provided in this section, a
175	person who is classified as a nonresident for tuition purposes
176	may become eligible for reclassification as a resident for
177	tuition purposes if that person or, if that person is a
178	dependent child, his or her parent presents clear and convincing
179	documentation that supports permanent legal residency in this
180	state for at least 12 consecutive months rather than temporary
181	residency for the purpose of pursuing an education, such as
182	documentation of full-time permanent employment for the prior 12
183	months or the purchase of a home in this state and residence
184	therein for the prior 12 months while not enrolled in an
185	institution of higher education.
186	(b)  If a person who is a dependent child and his or her
187	parent move to this state while such child is a high school
188	student and the child graduates from a high school in this
189	state, the child may become eligible for reclassification as a
190	resident for tuition purposes when the parent submits evidence
191	that the parent qualifies for permanent residency.
192	(c)  If a person who is a dependent child and his or her
193	parent move to this state after such child graduates from high
194	school, the child may become eligible for reclassification as a
195	resident for tuition purposes after the parent submits evidence
196	that he or she has established legal residence in the state and
197	has maintained legal residence in the state for at least 12
198	consecutive months.
199	(d)  A person who is classified as a nonresident for
200	tuition purposes and who marries a legal resident of the state
201	or marries a person who becomes a legal resident of the state
202	may, upon becoming a legal resident of the state, become
203	eligible for reclassification as a resident for tuition purposes
204	upon submitting evidence of his or her own legal residency in
205	the state, evidence of his or her marriage to a person who is a
206	legal resident of the state, and evidence of the spouse's legal
207	residence in the state for at least 12 consecutive months
208	immediately preceding the application for reclassification.
209	(7)  A person shall not lose his or her resident status for
210	tuition purposes solely by reason of serving, or, if such person
211	is a dependent child, by reason of his or her parent's or
212	parents' serving, in the Armed Forces outside this state.
213	(8)  A person who has been properly classified as a
214	resident for tuition purposes but who, while enrolled in an
215	institution of higher education in this state, loses his or her
216	resident tuition status because the person or, if he or she is a
217	dependent child, the person's parent or parents establish
218	domicile or legal residence elsewhere shall continue to enjoy
219	the in-state tuition rate for a statutory grace period, which
220	period shall be measured from the date on which the
221	circumstances arose that culminated in the loss of resident
222	tuition status and shall continue for 12 months. However, if the
223	12-month grace period ends during a semester or academic term
224	for which such former resident is enrolled, such grace period
225	shall be extended to the end of that semester or academic term.
226	(9)  Any person who ceases to be enrolled at or who
227	graduates from an institution of higher education while
228	classified as a resident for tuition purposes and who
229	subsequently abandons his or her domicile in this state shall be
230	permitted to reenroll at an institution of higher education in
231	this state as a resident for tuition purposes without the
232	necessity of meeting the 12-month durational requirement of this
233	section if that person has reestablished his or her domicile in
234	this state within 12 months of such abandonment and continuously
235	maintains the reestablished domicile during the period of
236	enrollment. The benefit of this subsection shall not be accorded
237	more than once to any one person.
238	(10)  The following persons shall be classified as
239	residents for tuition purposes:
240	(a)  Active duty members of the Armed Services of the
241	United States residing or stationed in this state, their
242	spouses, and dependent children, and active drilling members of
243	the Florida National Guard.
244	(b)  Active duty members of the Armed Services of the
245	United States and their spouses and dependents attending a
246	public community college or state university within 50 miles of
247	the military establishment where they are stationed, if such
248	military establishment is within a county contiguous to Florida.
249	(c)  United States citizens living on the Isthmus of
250	Panama, who have completed 12 consecutive months of college work
251	at the Florida State University Panama Canal Branch, and their
252	spouses and dependent children.
253	(d)  Full-time instructional and administrative personnel
254	employed by state public schools and institutions of higher
255	education and their spouses and dependent children.
256	(e)  Students from Latin America and the Caribbean who
257	receive scholarships from the federal or state government. Any
258	student classified pursuant to this paragraph shall attend, on a
259	full-time basis, a Florida institution of higher education.
260	(f)  Southern Regional Education Board's Academic Common
261	Market graduate students attending Florida's state universities.
262	(g)  Full-time employees of state agencies or political
263	subdivisions of the state when the student fees are paid by the
264	state agency or political subdivision for the purpose of job-
265	related law enforcement or corrections training.
266	(h)  McKnight Doctoral Fellows and Finalists who are United
267	States citizens.
268	(i)  United States citizens living outside the United
269	States who are teaching at a Department of Defense Dependent
270	School or in an American International School and who enroll in
271	a graduate level education program which leads to a Florida
272	teaching certificate.
273	(j)  Active duty members of the Canadian military residing
274	or stationed in this state under the North American Air Defense
275	(NORAD) agreement, and their spouses and dependent children,
276	attending a community college or state university within 50
277	miles of the military establishment where they are stationed.
278	(k)  Active duty members of a foreign nation's military who
279	are serving as liaison officers and are residing or stationed in
280	this state, and their spouses and dependent children, attending
281	a community college or state university within 50 miles of the
282	military establishment where the foreign liaison officer is
283	stationed.
284	(l)  Individuals who have attended a Florida public high
285	school for 2 consecutive years immediately prior to high school
286	graduation and who enroll in an institution of higher education
287	within 12 months after graduating from a Florida public high
288	school, if the individual:
289	1.  Is a United States citizen or an eligible alien; and
290	2.  Submits his or her high school transcript prior to
291	initial enrollment.
292
293	Nothing in this paragraph shall be construed to prohibit a
294	public or private high school graduate who does not meet the
295	criteria of this paragraph from otherwise qualifying as a
296	resident for tuition purposes under this section.
297	(m)  Individuals who receive a tuition exemption or waiver
298	under s. 961.06(1)(b), s. 1009.25, or s. 1009.26.
299	(11)  The classification of a student as a resident for
300	tuition purposes by an institution of higher education shall be
301	recognized by other institutions of higher education to which
302	the student may later seek admission if the student has attended
303	the institution making the initial classification within the
304	last 12 months and the residency classification is noted on the
305	student's transcript. Once a student has been classified as a
306	resident for tuition purposes, institutions to which the student
307	may transfer are not required to reevaluate the classification
308	unless inconsistent information suggests that an erroneous
309	classification was made or the student's situation has changed.
310	(12)(11)  Each institution of higher education shall
311	establish a residency appeal committee comprised of at least
312	three members to consider student appeals of residency
313	determinations, in accordance with the institution's official
314	appeal process. The residency appeal committee must render to
315	the student the final residency determination in writing. The
316	institution must advise the student of the reasons for the
317	determination.
318	(13)(12)  The State Board of Education and the Board of
319	Governors shall adopt rules to implement this section.
320	Section 2.  This act shall take effect July 1, 2010.

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