HB 0013C 2003
   
1 A bill to be entitled
2          An act relating to resident status for tuition purposes;
3    amending s. 1009.21, F.S.; providing an exemption from
4    payment of nonresident tuition at community colleges and
5    state universities for certain students meeting
6    eligibility criteria; reenacting s. 1009.40(1)(a), F.S.,
7    relating to general requirements for eligibility for state
8    financial aid, to incorporate the amendment to s. 1009.21,
9    F.S., in a reference; providing for construction of the
10    act in pari materia with laws enacted during the 2003
11    Regular Session, the 2003 Special Session A, or the 2003
12    Special Session B of the Legislature; providing an
13    effective date.
14         
15          Be It Enacted by the Legislature of the State of Florida:
16         
17          Section 1. Subsection (11) of section 1009.21, Florida
18    Statutes, is renumbered as subsection (12) and a new subsection
19    (11) is added to said section to read:
20          1009.21 Determination of resident status for tuition
21    purposes; exemption.--Students shall be classified as residents
22    or nonresidents for the purpose of assessing tuition in
23    community colleges and state universities.
24          (11) A student, other than a nonimmigrant alien within the
25    meaning of Title 8 U.S.C. s. 1101(a)(15), who meets all of the
26    following requirements shall be exempt from paying nonresident
27    tuition at community colleges and state universities:
28          (a) Has resided in Florida with a parent as defined in
29    paragraph (1)(d) for at least 3 consecutive years immediately
30    preceding the date the student received a high school diploma or
31    its equivalent and has attended a Florida high school for at
32    least 3 consecutive school years during such time.
33          (b) Has provided to a community college or a state
34    university an affidavit stating that the student will file an
35    application to become a permanent resident of the United States
36    at the earliest opportunity he or she is eligible to do so.
37          Section 2. For the purpose of incorporating the amendment
38    to section 1009.21, Florida Statutes, in a reference thereto,
39    paragraph (a) of subsection (1) of section 1009.40, Florida
40    Statutes, is reenacted to read:
41          1009.40 General requirements for student eligibility for
42    state financial aid.--
43          (1)(a) The general requirements for eligibility of
44    students for state financial aid awards consist of the
45    following:
46          1. Achievement of the academic requirements of and
47    acceptance at a state university or community college; a nursing
48    diploma school approved by the Florida Board of Nursing; a
49    Florida college, university, or community college which is
50    accredited by an accrediting agency recognized by the State
51    Board of Education; any Florida institution the credits of which
52    are acceptable for transfer to state universities; any technical
53    center; or any private technical institution accredited by an
54    accrediting agency recognized by the State Board of Education.
55          2. Residency in this state for no less than 1 year
56    preceding the award of aid for a program established pursuant to
57    s. 1009.50, s. 1009.51, s. 1009.52, s. 1009.53, s. 1009.54, s.
58    1009.56, s. 1009.57, s. 1009.60, s. 1009.62, s. 1009.63, s.
59    1009.68, s. 1009.72, s. 1009.73, s. 1009.76, s. 1009.77, or s.
60    1009.89. Residency in this state must be for purposes other than
61    to obtain an education. Resident status for purposes of
62    receiving state financial aid awards shall be determined in the
63    same manner as resident status for tuition purposes pursuant to
64    s. 1009.21 and rules of the State Board of Education.
65          3. Submission of certification attesting to the accuracy,
66    completeness, and correctness of information provided to
67    demonstrate a student's eligibility to receive state financial
68    aid awards. Falsification of such information shall result in
69    the denial of any pending application and revocation of any
70    award currently held to the extent that no further payments
71    shall be made. Additionally, students who knowingly make false
72    statements in order to receive state financial aid awards shall
73    be guilty of a misdemeanor of the second degree subject to the
74    provisions of s. 837.06 and shall be required to return all
75    state financial aid awards wrongfully obtained.
76          Section 3. If any law amended by this act was also amended
77    by a law enacted at the 2003 Regular Session, the 2003 Special
78    Session A, or the 2003 Special Session B of the Legislature,
79    such laws shall be construed as if they had been enacted at the
80    same session of the Legislature, and full effect shall be given
81    to each if possible.
82          Section 4. This act shall take effect upon becoming a law.