Florida Senate - 2017                                    SB 1732
       By Senator Rodriguez
       37-01193A-17                                          20171732__
    1                        A bill to be entitled                      
    2         An act relating to postsecondary education tuition and
    3         fees; amending s. 1009.21, F.S.; providing that
    4         certain individuals may not be denied classification
    5         as residents for tuition purposes if certain criteria
    6         are met; amending s. 1009.26, F.S.; providing that
    7         out-of-state fees for certain individuals who are
    8         undocumented for federal immigration purposes shall be
    9         waived if certain criteria are met; providing for a
   10         uniform out-of-state fee waiver form; providing an
   11         effective date.
   13  Be It Enacted by the Legislature of the State of Florida:
   15         Section 1. Paragraph (e) is added to subsection (2) of
   16  section 1009.21, Florida Statutes, to read:
   17         1009.21 Determination of resident status for tuition
   18  purposes.—Students shall be classified as residents or
   19  nonresidents for the purpose of assessing tuition in
   20  postsecondary educational programs offered by charter technical
   21  career centers or career centers operated by school districts,
   22  in Florida College System institutions, and in state
   23  universities.
   24         (2)
   25         (e)An individual may not be denied classification as a
   26  resident for tuition purposes based solely upon his or her
   27  immigration status if he or she:
   28         1.Is a beneficiary under the federal Family Unity Program;
   29         2.Has been granted temporary protected status by the
   30  United States Department of Homeland Security;
   31         3.Has been granted a stay of deportation or removal status
   32  by the United States Department of Homeland Security or by an
   33  administrative or federal court;
   34         4.Has been granted deferred enforced departure status by
   35  the United States Department of Homeland Security; or
   36         5.Has been granted deferred action for childhood arrivals
   37  status or another form of prosecutorial discretion by the United
   38  States Department of Homeland Security.
   39         Section 2. Paragraphs (b) through (d) of subsection (12) of
   40  section 1009.26, Florida Statutes, are redesignated as
   41  paragraphs (c) through (e), respectively, and a new paragraph
   42  (b) and paragraph (f) are added to that subsection to read:
   43         1009.26 Fee waivers.—
   44         (12)
   45         (b)A state university shall waive out-of-state fees for
   46  students, including, but not limited to, students who are
   47  undocumented for federal immigration purposes, who meet the
   48  following requirements:
   49         1.Attended and graduated from a postsecondary institution
   50  in this state;
   51         2.Apply for enrollment in or are currently enrolled in a
   52  graduate or professional program at an institution of higher
   53  education in this state;
   54         3.Submit an official postsecondary transcript as evidence
   55  of attendance and graduation; and
   56         4.File with the institution of higher education an
   57  affidavit stating that the student will file an application to
   58  become a permanent resident of the United States at the earliest
   59  opportunity he or she is eligible to do so.
   60         (f)The Board of Governors and the State Board of Education
   61  shall create a uniform out-of-state fee waiver form.
   62         Section 3. This act shall take effect July 1, 2017.