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

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