Senate Bill sb1182c1

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    Florida Senate - 2004                           CS for SB 1182

    By the Committee on Commerce, Economic Opportunities, and
    Consumer Services; and Senators Bennett and Bullard




    310-2272-04

  1                      A bill to be entitled

  2         An act relating to postsecondary student fees;

  3         amending s. 1009.21, F.S.; providing that the

  4         dependent children of active duty members of

  5         the Armed Services of the United States are

  6         classified as residents for tuition purposes;

  7         providing an exemption from payment of

  8         nonresident tuition and out-of-state fees for

  9         certain dependent children of migrant

10         farmworkers who meet specified requirements;

11         providing an effective date.

12  

13  Be It Enacted by the Legislature of the State of Florida:

14  

15         Section 1.  Section 1009.21, Florida Statutes, is

16  amended to read:

17         1009.21  Determination of resident status for tuition

18  purposes; exemption.--Students shall be classified as

19  residents or nonresidents for the purpose of assessing tuition

20  in community colleges and state universities.

21         (1)  As used in this section:

22         (a)  The term "dependent child" means any person,

23  whether or not living with his or her parent, who is eligible

24  to be claimed by his or her parent as a dependent under the

25  federal income tax code.

26         (b)  The term "institution of higher education" means

27  any public community college or state university.

28         (c)  A "legal resident" or "resident" is a person who

29  has maintained his or her residence in this state for the

30  preceding year, has purchased a home which is occupied by him

31  

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    Florida Senate - 2004                           CS for SB 1182
    310-2272-04




 1  or her as his or her residence, or has established a domicile

 2  in this state pursuant to s. 222.17.

 3         (d)  The term "parent" means the natural or adoptive

 4  parent or legal guardian of a dependent child.

 5         (e)  A "resident for tuition purposes" is a person who

 6  qualifies as provided in subsection (2) for the in-state

 7  tuition rate; a "nonresident for tuition purposes" is a person

 8  who does not qualify for the in-state tuition rate.

 9         (2)(a)  To qualify as a resident for tuition purposes:

10         1.  A person or, if that person is a dependent child,

11  his or her parent or parents must have established legal

12  residence in this state and must have maintained legal

13  residence in this state for at least 12 months immediately

14  prior to his or her qualification.

15         2.  Every applicant for admission to an institution of

16  higher education shall be required to make a statement as to

17  his or her length of residence in the state and, further,

18  shall establish that his or her presence or, if the applicant

19  is a dependent child, the presence of his or her parent or

20  parents in the state currently is, and during the requisite

21  12-month qualifying period was, for the purpose of maintaining

22  a bona fide domicile, rather than for the purpose of

23  maintaining a mere temporary residence or abode incident to

24  enrollment in an institution of higher education.

25         (b)  However, with respect to a dependent child living

26  with an adult relative other than the child's parent, such

27  child may qualify as a resident for tuition purposes if the

28  adult relative is a legal resident who has maintained legal

29  residence in this state for at least 12 months immediately

30  prior to the child's qualification, provided the child has

31  resided continuously with such relative for the 5 years

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    Florida Senate - 2004                           CS for SB 1182
    310-2272-04




 1  immediately prior to the child's qualification, during which

 2  time the adult relative has exercised day-to-day care,

 3  supervision, and control of the child.

 4         (c)  The legal residence of a dependent child whose

 5  parents are divorced, separated, or otherwise living apart

 6  will be deemed to be this state if either parent is a legal

 7  resident of this state, regardless of which parent is entitled

 8  to claim, and does in fact claim, the minor as a dependent

 9  pursuant to federal individual income tax provisions.

10         (3)  An individual shall not be classified as a

11  resident for tuition purposes and, thus, shall not be eligible

12  to receive the in-state tuition rate until he or she has

13  provided such evidence related to legal residence and its

14  duration as may be required by officials of the institution of

15  higher education from which he or she seeks the in-state

16  tuition rate.

17         (4)  With respect to a dependent child, the legal

18  residence of such individual's parent or parents is prima

19  facie evidence of the individual's legal residence, which

20  evidence may be reinforced or rebutted, relative to the age

21  and general circumstances of the individual, by the other

22  evidence of legal residence required of or presented by the

23  individual. However, the legal residence of an individual

24  whose parent or parents are domiciled outside this state is

25  not prima facie evidence of the individual's legal residence

26  if that individual has lived in this state for 5 consecutive

27  years prior to enrolling or reregistering at the institution

28  of higher education at which resident status for tuition

29  purposes is sought.

30         (5)  In making a domiciliary determination related to

31  the classification of a person as a resident or nonresident

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    Florida Senate - 2004                           CS for SB 1182
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 1  for tuition purposes, the domicile of a married person,

 2  irrespective of sex, shall be determined, as in the case of an

 3  unmarried person, by reference to all relevant evidence of

 4  domiciliary intent.  For the purposes of this section:

 5         (a)  A person shall not be precluded from establishing

 6  or maintaining legal residence in this state and subsequently

 7  qualifying or continuing to qualify as a resident for tuition

 8  purposes solely by reason of marriage to a person domiciled

 9  outside this state, even when that person's spouse continues

10  to be domiciled outside of this state, provided such person

11  maintains his or her legal residence in this state.

12         (b)  A person shall not be deemed to have established

13  or maintained a legal residence in this state and subsequently

14  to have qualified or continued to qualify as a resident for

15  tuition purposes solely by reason of marriage to a person

16  domiciled in this state.

17         (c)  In determining the domicile of a married person,

18  irrespective of sex, the fact of the marriage and the place of

19  domicile of such person's spouse shall be deemed relevant

20  evidence to be considered in ascertaining domiciliary intent.

21         (6)  Any nonresident person, irrespective of sex, who

22  marries a legal resident of this state or marries a person who

23  later becomes a legal resident may, upon becoming a legal

24  resident of this state, accede to the benefit of the spouse's

25  immediately precedent duration as a legal resident for

26  purposes of satisfying the 12-month durational requirement of

27  this section.

28         (7)  A person shall not lose his or her resident status

29  for tuition purposes solely by reason of serving, or, if such

30  person is a dependent child, by reason of his or her parent's

31  or parents' serving, in the Armed Forces outside this state.

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    Florida Senate - 2004                           CS for SB 1182
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 1         (8)  A person who has been properly classified as a

 2  resident for tuition purposes but who, while enrolled in an

 3  institution of higher education in this state, loses his or

 4  her resident tuition status because the person or, if he or

 5  she is a dependent child, the person's parent or parents

 6  establish domicile or legal residence elsewhere shall continue

 7  to enjoy the in-state tuition rate for a statutory grace

 8  period, which period shall be measured from the date on which

 9  the circumstances arose that culminated in the loss of

10  resident tuition status and shall continue for 12 months.

11  However, if the 12-month grace period ends during a semester

12  or academic term for which such former resident is enrolled,

13  such grace period shall be extended to the end of that

14  semester or academic term.

15         (9)  Any person who ceases to be enrolled at or who

16  graduates from an institution of higher education while

17  classified as a resident for tuition purposes and who

18  subsequently abandons his or her domicile in this state shall

19  be permitted to reenroll at an institution of higher education

20  in this state as a resident for tuition purposes without the

21  necessity of meeting the 12-month durational requirement of

22  this section if that person has reestablished his or her

23  domicile in this state within 12 months of such abandonment

24  and continuously maintains the reestablished domicile during

25  the period of enrollment. The benefit of this subsection shall

26  not be accorded more than once to any one person.

27         (10)  The following persons shall be classified as

28  residents for tuition purposes:

29         (a)  Active duty members of the Armed Services of the

30  United States residing or stationed in this state, their

31  spouses, and dependent children, and active members of the

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    Florida Senate - 2004                           CS for SB 1182
    310-2272-04




 1  Florida National Guard who qualify under s. 250.10(7) and (8)

 2  for the tuition assistance program.

 3         (b)  Active duty members of the Armed Services of the

 4  United States and their spouses and dependent children

 5  attending a public community college or state university

 6  within 50 miles of the military establishment where they are

 7  stationed, if such military establishment is within a county

 8  contiguous to Florida.

 9         (c)  United States citizens living on the Isthmus of

10  Panama, who have completed 12 consecutive months of college

11  work at the Florida State University Panama Canal Branch, and

12  their spouses and dependent children.

13         (d)  Full-time instructional and administrative

14  personnel employed by state public schools, community

15  colleges, and institutions of higher education, as defined in

16  s. 1000.04, and their spouses and dependent children.

17         (e)  Students from Latin America and the Caribbean who

18  receive scholarships from the federal or state government.

19  Any student classified pursuant to this paragraph shall

20  attend, on a full-time basis, a Florida institution of higher

21  education.

22         (f)  Southern Regional Education Board's Academic

23  Common Market graduate students attending Florida's state

24  universities.

25         (g)  Full-time employees of state agencies or political

26  subdivisions of the state when the student fees are paid by

27  the state agency or political subdivision for the purpose of

28  job-related law enforcement or corrections training.

29         (h)  McKnight Doctoral Fellows and Finalists who are

30  United States citizens.

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    Florida Senate - 2004                           CS for SB 1182
    310-2272-04




 1         (i)  United States citizens living outside the United

 2  States who are teaching at a Department of Defense Dependent

 3  School or in an American International School and who enroll

 4  in a graduate level education program which leads to a Florida

 5  teaching certificate.

 6         (j)  Active duty members of the Canadian military

 7  residing or stationed in this state under the North American

 8  Air Defense (NORAD) agreement, and their spouses and dependent

 9  children, attending a community college or state university

10  within 50 miles of the military establishment where they are

11  stationed.

12         (11)  A dependent child who has attended a high school

13  in this state for at least 3 months per school year for 2

14  school years is exempt from paying nonresident tuition and

15  out-of-state fees at community colleges and state

16  universities, if one of his or her parents is:

17         (a)  A United States citizen or is otherwise eligible

18  under federal law for employment in the United States; and

19         (b)  Currently employed in this state as a migrant

20  farmworker as defined in s. 381.008(4).

21         (12)(11)  The State Board of Education shall by rule

22  designate classifications of students as residents or

23  nonresidents for tuition purposes at community colleges and

24  state universities.

25         Section 2.  This act shall take effect July 1, 2004.

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    Florida Senate - 2004                           CS for SB 1182
    310-2272-04




 1          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
 2                         Senate Bill 1182

 3                                 

 4  The committee substitute specifies that the dependent children
    of certain active duty service members are residents for
 5  tuition purposes. The committee substitute also clarifies that
    a migrant farmworker must be a United States citizen or
 6  otherwise eligible under federal law for employment in the
    United States to be of "legal status," for purposes of the
 7  farmworker's dependent child receiving an exemption from
    paying nonresident tuition and out-of-state fees.
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