Bill Text: FL S2398 | 2010 | Regular Session | Introduced

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Bill Title: Resident Status for Tuition Purposes [SPSC]

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2010-04-30 - Died in Committee on Higher Education, companion bill(s) passed, see HB 5201 (Ch. 2010-155) [S2398 Detail]

Download: Florida-2010-S2398-Introduced.html

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Florida Senate - 2010                                    SB 2398 
 
By Senator Ring 
32-01886-10                                           20102398__ 
1                        A bill to be entitled 
2         An act relating to determination of resident status 
3         for tuition purposes; amending s. 1009.21, F.S.; 
4         revising the definitions of “dependent child” and 
5         “parent”; revising residency requirements for certain 
6         dependent children; authorizing an institution of 
7         higher education to verify documentation of residency 
8         through electronic means under certain conditions; 
9         revising requirements relating to proof of employment 
10         in the state; providing for classification as 
11         residents for tuition purposes of certain individuals 
12         who have attended a Florida public high school and 
13         individuals who receive certain tuition exemptions or 
14         waivers; providing requirements for recognition of the 
15         classification of a student as a resident for tuition 
16         purposes by an institution to which a student may 
17         transfer; providing an effective date. 
18 
19  Be It Enacted by the Legislature of the State of Florida: 
20 
21         Section 1. Section 1009.21, Florida Statutes, is amended to 
22  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 the Florida 
26  College System community colleges and the State University 
27  System universities. 
28         (1) As used in this section, the term: 
29         (a) “Dependent child” means any person, whether or not 
30  living with his or her parent, who is eligible to be claimed by 
31  his or her parent as a dependent under the federal income tax 
32  code. If a child provides more than 50 percent of the 
33  institutionally defined cost of attendance or if a child meets 
34  the criteria for independent status as established for federal 
35  financial aid purposes, the child may not be considered a 
36  dependent child. 
37         (b) “Initial enrollment” means the first day of class at an 
38  institution of higher education. 
39         (c) “Institution of higher education” means any community 
40  college as defined in s. 1000.21(3) or state university as 
41  defined in s. 1000.21(6). 
42         (d) “Legal resident” or “resident” means a person who has 
43  maintained his or her residence in this state for the preceding 
44  year, has purchased a home which is occupied by him or her as 
45  his or her residence, or has established a domicile in this 
46  state pursuant to s. 222.17. 
47         (e) “Nonresident for tuition purposes” means a person who 
48  does not qualify for the in-state tuition rate. 
49         (f) “Parent” means the natural or adoptive parent, 
50  stepparent, or legal guardian of a dependent child. 
51         (g) “Resident for tuition purposes” means a person who 
52  qualifies as provided in this section for the in-state tuition 
53  rate. 
54         (2)(a) To qualify as a resident for tuition purposes: 
55         1. A person or, if that person is a dependent child, his or 
56  her parent or parents must have established legal residence in 
57  this state and must have maintained legal residence in this 
58  state for at least 12 consecutive months immediately prior to 
59  his or her initial enrollment in an institution of higher 
60  education. 
61         2. Every applicant for admission to an institution of 
62  higher education shall be required to make a statement as to his 
63  or her length of residence in the state and, further, shall 
64  establish that his or her presence or, if the applicant is a 
65  dependent child, the presence of his or her parent or parents in 
66  the state currently is, and during the requisite 12-month 
67  qualifying period was, for the purpose of maintaining a bona 
68  fide domicile, rather than for the purpose of maintaining a mere 
69  temporary residence or abode incident to enrollment in an 
70  institution of higher education. 
71         (b) However, with respect to a dependent child living with 
72  an adult relative other than the child’s parent, such child may 
73  qualify as a resident for tuition purposes if the adult relative 
74  is a legal resident who has maintained legal residence in this 
75  state for at least 12 consecutive months immediately prior to 
76  the child’s initial enrollment in an institution of higher 
77  education, provided the child has resided continuously with such 
78  relative for the 4 5 years immediately prior to the child’s 
79  initial enrollment in an institution of higher education, during 
80  which time the adult relative has exercised day-to-day care, 
81  supervision, and control of the child. 
82         (c) The legal residence of a dependent child whose parents 
83  are divorced, separated, or otherwise living apart will be 
84  deemed to be this state if either parent is a legal resident of 
85  this state, regardless of which parent is entitled to claim, and 
86  does in fact claim, the minor as a dependent pursuant to federal 
87  individual income tax provisions. 
88         (3)(a) An individual shall not be classified as a resident 
89  for tuition purposes and, thus, shall not be eligible to receive 
90  the in-state tuition rate until he or she has provided such 
91  evidence related to legal residence and its duration or, if that 
92  individual is a dependent child, evidence of his or her parent’s 
93  legal residence and its duration, as may be required by law and 
94  by officials of the institution of higher education from which 
95  he or she seeks the in-state tuition rate. 
96         (b) Except as otherwise provided in this section, evidence 
97  of legal residence and its duration shall include clear and 
98  convincing documentation that residency in this state was for a 
99  minimum of 12 consecutive months prior to a student’s initial 
100  enrollment in an institution of higher education. 
101         (c) Each institution of higher education shall 
102  affirmatively determine that an applicant who has been granted 
103  admission to that institution as a Florida resident meets the 
104  residency requirements of this section at the time of initial 
105  enrollment. The residency determination must be documented by 
106  the submission of written or electronic verification that 
107  includes two or more of the documents identified in this 
108  paragraph. No single piece of evidence shall be conclusive for 
109  purposes of this paragraph. Where appropriate, an institution of 
110  higher education may verify documentation through electronic 
111  means if available state-maintained databases exist. 
112         1. The documents must include at least one of the 
113  following: 
114         a. A Florida voter’s registration card. 
115         b. A Florida driver’s license. 
116         c. A State of Florida identification card. 
117         d. A Florida vehicle registration. 
118         e. Proof of a permanent home in Florida which is occupied 
119  as a primary residence by the individual or by the individual’s 
120  parent if the individual is a dependent child. 
121         f. Proof of a homestead exemption in Florida. 
122         g. Transcripts from a Florida high school for multiple 
123  years if the Florida high school diploma or GED was earned 
124  within the last 12 months. 
125         h. Proof of permanent full-time employment in Florida for 
126  at least 30 hours per week for a 12-month period. 
127         2. The documents may include one or more of the following: 
128         a. A declaration of domicile in Florida. 
129         b. A Florida professional or occupational license. 
130         c. Florida incorporation. 
131         d. A document evidencing family ties in Florida. 
132         e. Proof of membership in a Florida-based charitable or 
133  professional organization. 
134         f. Any other documentation that supports the student’s 
135  request for resident status, including, but not limited to, 
136  utility bills and proof of 12 consecutive months of payments; a 
137  lease agreement and proof of 12 consecutive months of payments; 
138  or an official state, federal, or court document evidencing 
139  legal ties to Florida. 
140         (4) With respect to a dependent child, the legal residence 
141  of the dependent child’s parent or parents is prima facie 
142  evidence of the dependent child’s legal residence, which 
143  evidence may be reinforced or rebutted, relative to the age and 
144  general circumstances of the dependent child, by the other 
145  evidence of legal residence required of or presented by the 
146  dependent child. However, the legal residence of a dependent 
147  child’s parent or parents who are domiciled outside this state 
148  is not prima facie evidence of the dependent child’s legal 
149  residence if that dependent child has lived in this state for 4 
150  5 consecutive years prior to enrolling or reregistering at the 
151  institution of higher education at which resident status for 
152  tuition purposes is sought. 
153         (5) In making a domiciliary determination related to the 
154  classification of a person as a resident or nonresident for 
155  tuition purposes, the domicile of a married person, irrespective 
156  of sex, shall be determined, as in the case of an unmarried 
157  person, by reference to all relevant evidence of domiciliary 
158  intent. For the purposes of this section: 
159         (a) A person shall not be precluded from establishing or 
160  maintaining legal residence in this state and subsequently 
161  qualifying or continuing to qualify as a resident for tuition 
162  purposes solely by reason of marriage to a person domiciled 
163  outside this state, even when that person’s spouse continues to 
164  be domiciled outside of this state, provided such person 
165  maintains his or her legal residence in this state. 
166         (b) A person shall not be deemed to have established or 
167  maintained a legal residence in this state and subsequently to 
168  have qualified or continued to qualify as a resident for tuition 
169  purposes solely by reason of marriage to a person domiciled in 
170  this state. 
171         (c) In determining the domicile of a married person, 
172  irrespective of sex, the fact of the marriage and the place of 
173  domicile of such person’s spouse shall be deemed relevant 
174  evidence to be considered in ascertaining domiciliary intent. 
175         (6)(a) Except as otherwise provided in this section, a 
176  person who is classified as a nonresident for tuition purposes 
177  may become eligible for reclassification as a resident for 
178  tuition purposes if that person or, if that person is a 
179  dependent child, his or her parent presents clear and convincing 
180  documentation that supports permanent legal residency in this 
181  state for at least 12 consecutive months rather than temporary 
182  residency for the purpose of pursuing an education, such as 
183  documentation of full-time permanent employment for the prior 12 
184  months or the purchase of a home in this state and residence 
185  therein for the prior 12 months while not enrolled in an 
186  institution of higher education. 
187         (b) If a person who is a dependent child and his or her 
188  parent move to this state while such child is a high school 
189  student and the child graduates from a high school in this 
190  state, the child may become eligible for reclassification as a 
191  resident for tuition purposes when the parent submits evidence 
192  that the parent qualifies for permanent residency. 
193         (c) If a person who is a dependent child and his or her 
194  parent move to this state after such child graduates from high 
195  school, the child may become eligible for reclassification as a 
196  resident for tuition purposes after the parent submits evidence 
197  that he or she has established legal residence in the state and 
198  has maintained legal residence in the state for at least 12 
199  consecutive months. 
200         (d) A person who is classified as a nonresident for tuition 
201  purposes and who marries a legal resident of the state or 
202  marries a person who becomes a legal resident of the state may, 
203  upon becoming a legal resident of the state, become eligible for 
204  reclassification as a resident for tuition purposes upon 
205  submitting evidence of his or her own legal residency in the 
206  state, evidence of his or her marriage to a person who is a 
207  legal resident of the state, and evidence of the spouse’s legal 
208  residence in the state for at least 12 consecutive months 
209  immediately preceding the application for reclassification. 
210         (7) A person shall not lose his or her resident status for 
211  tuition purposes solely by reason of serving, or, if such person 
212  is a dependent child, by reason of his or her parent’s or 
213  parents’ serving, in the Armed Forces outside this state. 
214         (8) A person who has been properly classified as a resident 
215  for tuition purposes but who, while enrolled in an institution 
216  of higher education in this state, loses his or her resident 
217  tuition status because the person or, if he or she is a 
218  dependent child, the person’s parent or parents establish 
219  domicile or legal residence elsewhere shall continue to enjoy 
220  the in-state tuition rate for a statutory grace period, which 
221  period shall be measured from the date on which the 
222  circumstances arose that culminated in the loss of resident 
223  tuition status and shall continue for 12 months. However, if the 
224  12-month grace period ends during a semester or academic term 
225  for which such former resident is enrolled, such grace period 
226  shall be extended to the end of that semester or academic term. 
227         (9) Any person who ceases to be enrolled at or who 
228  graduates from an institution of higher education while 
229  classified as a resident for tuition purposes and who 
230  subsequently abandons his or her domicile in this state shall be 
231  permitted to reenroll at an institution of higher education in 
232  this state as a resident for tuition purposes without the 
233  necessity of meeting the 12-month durational requirement of this 
234  section if that person has reestablished his or her domicile in 
235  this state within 12 months of such abandonment and continuously 
236  maintains the reestablished domicile during the period of 
237  enrollment. The benefit of this subsection shall not be accorded 
238  more than once to any one person. 
239         (10) The following persons shall be classified as residents 
240  for tuition purposes: 
241         (a) Active duty members of the Armed Services of the United 
242  States residing or stationed in this state, their spouses, and 
243  dependent children, and active drilling members of the Florida 
244  National Guard. 
245         (b) Active duty members of the Armed Services of the United 
246  States and their spouses and dependents attending a public 
247  community college or state university within 50 miles of the 
248  military establishment where they are stationed, if such 
249  military establishment is within a county contiguous to Florida. 
250         (c) United States citizens living on the Isthmus of Panama, 
251  who have completed 12 consecutive months of college work at the 
252  Florida State University Panama Canal Branch, and their spouses 
253  and dependent children. 
254         (d) Full-time instructional and administrative personnel 
255  employed by state public schools and institutions of higher 
256  education and their spouses and dependent children. 
257         (e) Students from Latin America and the Caribbean who 
258  receive scholarships from the federal or state government. Any 
259  student classified pursuant to this paragraph shall attend, on a 
260  full-time basis, a Florida institution of higher education. 
261         (f) Southern Regional Education Board’s Academic Common 
262  Market graduate students attending Florida’s state universities. 
263         (g) Full-time employees of state agencies or political 
264  subdivisions of the state when the student fees are paid by the 
265  state agency or political subdivision for the purpose of job 
266  related law enforcement or corrections training. 
267         (h) McKnight Doctoral Fellows and Finalists who are United 
268  States citizens. 
269         (i) United States citizens living outside the United States 
270  who are teaching at a Department of Defense Dependent School or 
271  in an American International School and who enroll in a graduate 
272  level education program which leads to a Florida teaching 
273  certificate. 
274         (j) Active duty members of the Canadian military residing 
275  or stationed in this state under the North American Air Defense 
276  (NORAD) agreement, and their spouses and dependent children, 
277  attending a community college or state university within 50 
278  miles of the military establishment where they are stationed. 
279         (k) Active duty members of a foreign nation’s military who 
280  are serving as liaison officers and are residing or stationed in 
281  this state, and their spouses and dependent children, attending 
282  a community college or state university within 50 miles of the 
283  military establishment where the foreign liaison officer is 
284  stationed. 
285         (l) Individuals who have attended a Florida public high 
286  school for 2 consecutive years immediately prior to high school 
287  graduation and who enroll in an institution of higher education 
288  within 12 months after graduating from a Florida public high 
289  school, if the individual: 
290         1. Is a United States citizen or an eligible alien; and 
291         2. Submits his or her high school transcript prior to 
292  initial enrollment. 
293 
294  Nothing in this paragraph shall be construed to prohibit a 
295  public or private high school graduate who does not meet the 
296  criteria of this paragraph from otherwise qualifying as a 
297  resident for tuition purposes under this section. 
298         (m) Individuals who receive a tuition exemption or waiver 
299  under s. 961.06(1)(b), s. 1009.25, or s. 1009.26. 
300         (11) The classification of a student as a resident for 
301  tuition purposes by an institution of higher education shall be 
302  recognized by other institutions of higher education to which 
303  the student may later seek admission if the student has attended 
304  the institution making the initial classification within the 
305  last 12 months and the residency classification is noted on the 
306  student’s transcript. Once a student has been classified as a 
307  resident for tuition purposes, institutions to which the student 
308  may transfer are not required to reevaluate the classification 
309  unless inconsistent information suggests that an erroneous 
310  classification was made or the student’s situation has changed. 
311         (12)(11) Each institution of higher education shall 
312  establish a residency appeal committee comprised of at least 
313  three members to consider student appeals of residency 
314  determinations, in accordance with the institution’s official 
315  appeal process. The residency appeal committee must render to 
316  the student the final residency determination in writing. The 
317  institution must advise the student of the reasons for the 
318  determination. 
319         (13)(12) The State Board of Education and the Board of 
320  Governors shall adopt rules to implement this section. 
321         Section 2. This act shall take effect July 1, 2010.