HB 0119

A bill to be entitled
2An act relating to higher education finance policy;
3creating s. 1004.215, F.S.; requiring university boards of
4trustees to develop policies and procedures relating to
5program completion; requiring a degree audit system;
6providing credit hours to be included in enrollment
7calculations; providing that certain credit hours be
8omitted from enrollment calculations; authorizing state
9universities to establish an excess-hour surcharge;
10requiring approval of policies by the Board of Governors
11prior to implementation; specifying that provisions become
12effective for students entering a community college or
13state university for the first time in the 2005-2006
14academic year and thereafter; requiring a study and a
15report by the Office of Program Policy Analysis and
16Government Accountability; amending s. 1009.21, F.S.;
17requiring classification as a resident or nonresident for
18purposes of assessing tuition for certain programs and
19determining eligibility to participate in selected
20financial assistance programs; revising definitions;
21revising provisions relating to determination of resident
22status; updating obsolete terminology; classifying as
23residents for tuition purposes certain employees of
24international multilateral organizations; providing
25eligibility criteria for certain students who are not
26permanent residents of the United States for exemption
27from payment of nonresident tuition; limiting enrollment;
28reenacting s. 1009.40(1)(a), F.S., relating to general
29requirements for student eligibility for state financial
30aid, to incorporate the amendment to s. 1009.21, F.S., in
31a reference thereto; providing for severability; providing
32an effective date.
34Be It Enacted by the Legislature of the State of Florida:
36     Section 1.  Section 1004.215, Florida Statutes, is created
37to read:
38     1004.215  Timely completion of baccalaureate degree
40     (1)  Each university board of trustees shall develop
41policies and procedures to ensure that students enrolled in
42baccalaureate degree programs complete their programs in a
43timely manner in order to make the most efficient use of
44instructional resources and provide capacity within the
45institution for additional students. Such policies and
46procedures shall include, at a minimum, implementation of a
47universal tracking degree audit system. A universal tracking
48degree audit system developed by a state university with state
49funds shall be made available at no cost for use by other state
50universities. The degree audit system must have the capability
52     (a)  Inform students of the courses they must successfully
53complete for their majors.
54     (b)  Evaluate whether or not satisfactory progress is being
56     (c)  Provide each student with a recommended semester-by-
57semester enrollment plan that identifies the courses that must
58be completed with a required GPA during the semester in which
59the course is indicated in order for the student to be on track
60for the designated major.
61     (d)  Provide university administrators with a semester-by-
62semester enrollment plan that identifies the courses that must
63be offered for students to be on track for their designated
64majors. The university shall give priority each semester to
65offering such courses.
66     (2)  Once a resident undergraduate student has taken 115
67percent of the credit hours required for the degree program in
68which the student is enrolled, any subsequent credit hours
69generated by that student as an undergraduate or unclassified
70student shall not be included in calculations of full-time
71equivalent enrollments for state funding purposes.
72     (3)  Except as otherwise provided by law, the following
73hours shall be included when calculating, for purposes of this
74section, the number of hours taken by a student:
75     (a)  All credit hours for courses taken at the state
76university from which the student is seeking a degree, including
77repeated courses and failed courses, except as provided in s.
781009.285, and courses that are dropped after the university's
79advertised last day of drop and add.
80     (b)  All credit hours earned at another institution and
81accepted for transfer.
82     (4)  The following hours shall not be included when
83calculating, for purposes of this section, the number of hours
84taken by a student:
85     (a)  Credit hours earned through an acceleration mechanism
86identified in s. 1007.27.
87     (b)  Credit hours earned in a course that does not count
88toward any degree at the institution.
89     (c)  Credit hours earned in military science courses.
90     (d)  Credit hours required to achieve a dual major.
91     (e)  Credit hours required to achieve teacher certification
92that are not credited toward the student's first baccalaureate
94     (f)  Credit hours taken by active duty military personnel.
95     (g)  Credit hours in courses from which a student must
96withdraw due to medical or personal hardship reasons.
97     (5)  Policies established pursuant to this section may
98include assessment by the institution of a surcharge in addition
99to regular tuition and fees for any credit hours taken by the
100student in excess of 115 percent of the credit hours required
101for the student's degree program. The surcharge plus tuition may
102not exceed 100 percent of the full cost of instruction.
103     (6)  Policies established pursuant to this section must be
104submitted to the Board of Governors for review and approval
105prior to implementation by a university.
106     (7)  The provisions of this section shall become effective
107for students who enter a community college or a state university
108for the first time in the 2005-2006 academic year and
110     Section 2.  In order to determine whether the issue of
111excess hours should be addressed for associate and graduate-
112level programs, the Office of Program Policy Analysis and
113Government Accountability shall conduct a study to determine how
114the number of credit hours taken by students at community
115colleges and state universities compares to the number of hours
116required to complete degree requirements. The study shall also
117review degree requirements across institutions to identify the
118range of degree requirements for similar programs. A report of
119the results of the study shall be submitted to the Governor, the
120President of the Senate, and the Speaker of the House of
121Representatives by February 1, 2006.
122     Section 3.  Section 1009.21, Florida Statutes, is amended
123to read:
124     1009.21  Determination of resident status for tuition and
125financial assistance eligibility purposes; exemption.--Students
126shall be classified as residents or nonresidents for the purpose
127of assessing tuition in community colleges and state
128universities, for the purpose of assessing tuition for
129instruction in postsecondary career and technical programs
130offered by school districts, and for the purpose of determining
131student eligibility to participate in financial assistance
132programs established pursuant to s. 1009.50, s. 1009.51, s.
1331009.52, s. 1009.53, s. 1009.54, s. 1009.56, s. 1009.57, s.
1341009.60, s. 1009.62, s. 1009.63, s. 1009.68, s. 1009.72, s.
1351009.73, s. 1009.76, s. 1009.77, or s. 1009.89.
136     (1)  As used in this section, the term:
137     (a)  The term "Dependent child" means any person, whether
138or not living with his or her parent, who is eligible to be
139claimed by his or her parent as a dependent under the federal
140income tax code.
141     (b)  "Initial enrollment" means the first day of class.
142     (c)(b)  The term "Institution of higher education" means
143any public community college or state university.
144     (d)(c)  A "Legal resident" or "resident" means is a person
145who has maintained his or her residence in this state for the
146preceding year, has purchased a home which is occupied by him or
147her as his or her residence, or has established a domicile in
148this state pursuant to s. 222.17.
149     (e)  "Nonresident for tuition purposes" means a person who
150does not qualify for the in-state tuition rate.
151     (f)(d)  The term "Parent" means the natural or adoptive
152parent or legal guardian of a dependent child.
153     (g)(e)  A "Resident for tuition purposes" means is a person
154who qualifies as provided in subsection (2) for the in-state
155tuition rate; a "nonresident for tuition purposes" is a person
156who does not qualify for the in-state tuition rate.
157     (2)(a)  To qualify as a resident for tuition purposes:
158     1.  A person or, if that person is a dependent child, his
159or her parent or parents must have established legal residence
160in this state and must have maintained legal residence in this
161state for at least 12 months immediately prior to his or her
162initial enrollment in a postsecondary education program in this
163state qualification.
164     2.  Every applicant for admission to an institution of
165higher education shall be required to make a statement as to his
166or her length of residence in the state and, further, shall
167establish that his or her presence or, if the applicant is a
168dependent child, the presence of his or her parent or parents in
169the state currently is, and during the requisite 12-month
170qualifying period was, for the purpose of maintaining a bona
171fide domicile, rather than for the purpose of maintaining a mere
172temporary residence or abode incident to enrollment in an
173institution of higher education.
174     (b)  However, with respect to a dependent child living with
175an adult relative other than the child's parent, such child may
176qualify as a resident for tuition purposes if the adult relative
177is a legal resident who has maintained legal residence in this
178state for at least 12 months immediately prior to the child's
179initial enrollment in a postsecondary education program in this
180state qualification, provided the child has resided continuously
181with such relative for the 5 years immediately prior to the
182child's initial enrollment qualification, during which time the
183adult relative has exercised day-to-day care, supervision, and
184control of the child.
185     (c)  The legal residence of a dependent child whose parents
186are divorced, separated, or otherwise living apart will be
187deemed to be this state if either parent is a legal resident of
188this state, regardless of which parent is entitled to claim, and
189does in fact claim, the minor as a dependent pursuant to federal
190individual income tax provisions.
191     (d)  A person who is classified as a nonresident for
192tuition purposes may become eligible for reclassification as a
193resident for tuition purposes if that person or, if that person
194is a dependent child, his or her parent presents documentation
195that supports permanent residency in this state rather than
196temporary residency for the purpose of pursuing an education,
197such as documentation of full-time permanent employment for the
198previous 12 months or the purchase of a home in this state and
199residence therein for the prior 12 months.
200     (3)  An individual shall not be classified as a resident
201for tuition purposes and, thus, shall not be eligible to receive
202the in-state tuition rate until he or she has provided such
203evidence related to legal residence and its duration as may be
204required by officials of the institution of higher education
205from which he or she seeks the in-state tuition rate.
206     (4)  With respect to a dependent child, the legal residence
207of such individual's parent or parents is prima facie evidence
208of the individual's legal residence, which evidence may be
209reinforced or rebutted, relative to the age and general
210circumstances of the individual, by the other evidence of legal
211residence required of or presented by the individual. However,
212the legal residence of an individual whose parent or parents are
213domiciled outside this state is not prima facie evidence of the
214individual's legal residence if that individual has lived in
215this state for 5 consecutive years prior to enrolling or
216reregistering at the institution of higher education at which
217resident status for tuition purposes is sought.
218     (5)  In making a domiciliary determination related to the
219classification of a person as a resident or nonresident for
220tuition purposes, the domicile of a married person, irrespective
221of sex, shall be determined, as in the case of an unmarried
222person, by reference to all relevant evidence of domiciliary
223intent. For the purposes of this section:
224     (a)  A person shall not be precluded from establishing or
225maintaining legal residence in this state and subsequently
226qualifying or continuing to qualify as a resident for tuition
227purposes solely by reason of marriage to a person domiciled
228outside this state, even when that person's spouse continues to
229be domiciled outside of this state, provided such person
230maintains his or her legal residence in this state.
231     (b)  A person shall not be deemed to have established or
232maintained a legal residence in this state and subsequently to
233have qualified or continued to qualify as a resident for tuition
234purposes solely by reason of marriage to a person domiciled in
235this state.
236     (c)  In determining the domicile of a married person,
237irrespective of sex, the fact of the marriage and the place of
238domicile of such person's spouse shall be deemed relevant
239evidence to be considered in ascertaining domiciliary intent.
240     (6)  Any nonresident person, irrespective of sex, who
241marries a legal resident of this state or marries a person who
242later becomes a legal resident may, upon becoming a legal
243resident of this state, accede to the benefit of the spouse's
244immediately precedent duration as a legal resident for purposes
245of satisfying the 12-month durational requirement of this
247     (7)  A person shall not lose his or her resident status for
248tuition purposes solely by reason of serving, or, if such person
249is a dependent child, by reason of his or her parent's or
250parents' serving, in the Armed Forces outside this state.
251     (8)  A person who has been properly classified as a
252resident for tuition purposes but who, while enrolled in an
253institution of higher education in this state, loses his or her
254resident tuition status because the person or, if he or she is a
255dependent child, the person's parent or parents establish
256domicile or legal residence elsewhere shall continue to enjoy
257the in-state tuition rate for a statutory grace period, which
258period shall be measured from the date on which the
259circumstances arose that culminated in the loss of resident
260tuition status and shall continue for 12 months. However, if the
26112-month grace period ends during a semester or academic term
262for which such former resident is enrolled, such grace period
263shall be extended to the end of that semester or academic term.
264     (9)  Any person who ceases to be enrolled at or who
265graduates from an institution of higher education while
266classified as a resident for tuition purposes and who
267subsequently abandons his or her domicile in this state shall be
268permitted to reenroll at an institution of higher education in
269this state as a resident for tuition purposes without the
270necessity of meeting the 12-month durational requirement of this
271section if that person has reestablished his or her domicile in
272this state within 12 months of such abandonment and continuously
273maintains the reestablished domicile during the period of
274enrollment. The benefit of this subsection shall not be accorded
275more than once to any one person.
276     (10)  The following persons shall be classified as
277residents for tuition purposes:
278     (a)  Active duty members of the Armed Services of the
279United States residing or stationed in this state, their
280spouses, and dependent children, and active members of the
281Florida National Guard who qualify under s. 250.10(7) and (8)
282for the tuition assistance program.
283     (b)  Active duty members of the Armed Services of the
284United States, and their spouses and dependent children,
285dependents attending a public community college or state
286university within 50 miles of the military establishment where
287they are stationed, if such military establishment is within a
288county contiguous to Florida.
289     (c)  United States citizens living on the Isthmus of
290Panama, who have completed 12 consecutive months of college work
291at the Florida State University Panama Canal Branch, and their
292spouses and dependent children.
293     (d)  Full-time instructional and administrative personnel
294employed by state public schools, community colleges, and
295institutions of higher education, as defined in s. 1000.04, and
296their spouses and dependent children.
297     (e)  Students from Latin America and the Caribbean who
298receive scholarships from the federal or state government. Any
299student classified pursuant to this paragraph shall attend, on a
300full-time basis, a Florida institution of higher education.
301     (f)  Southern Regional Education Board's Academic Common
302Market graduate students attending Florida's state universities.
303     (g)  Full-time employees of state agencies or political
304subdivisions of the state when the student fees are paid by the
305state agency or political subdivision for the purpose of job-
306related law enforcement or corrections training.
307     (h)  McKnight Doctoral Fellows and Finalists who are United
308States citizens.
309     (i)  United States citizens living outside the United
310States who are teaching at a Department of Defense Dependent
311School or in an American International School and who enroll in
312a graduate level education program which leads to a Florida
313teaching certificate.
314     (j)  Active duty members of the Canadian military residing
315or stationed in this state under the North American Aerospace
316Defense Command Air Defense (NORAD) agreement, and their spouses
317and dependent children, attending a community college or state
318university within 50 miles of the military establishment where
319they are stationed.
320     (k)  Active duty members of a foreign nation's military who
321are serving as liaison officers and are residing or stationed in
322this state, and their spouses and dependent children, attending
323a community college or state university within 50 miles of the
324military establishment where the foreign liaison officer is
326     (l)  Full-time employees of international multilateral
327organizations based in Florida that are recognized by the United
328States Department of State and their spouses and dependent
330     (11)  A student, other than a nonimmigrant alien within the
331meaning of 8 U.S.C. s. 1101(a)(15), who meets all of the
332following requirements shall be exempt from paying nonresident
333tuition at community colleges and state universities:
334     (a)  The student has resided in Florida with a parent, as
335defined in paragraph (1)(f), for at least 3 consecutive years
336immediately preceding the date the student received a high
337school diploma or its equivalent and has attended a Florida high
338school for at least 3 consecutive school years during such time.
339     (b)  The student has provided to a community college or a
340state university an affidavit stating that the student will file
341an application to become a permanent resident of the United
342States at the earliest opportunity he or she is eligible to do
345The exemption provided pursuant to this subsection shall be
346limited to the top 2,000 students in academic performance in
347Florida high schools who register and enroll at a community
348college or state university under the exemption.
349     (12)(11)  The State Board of Education shall by rule
350designate classifications of students as residents or
351nonresidents for tuition purposes at community colleges and
352state universities.
353     Section 4.  For the purpose of incorporating the amendment
354to section 1009.21, Florida Statutes, in a reference thereto,
355paragraph (a) of subsection (1) of section 1009.40, Florida
356Statutes, is reenacted to read:
357     1009.40  General requirements for student eligibility for
358state financial aid.--
359     (1)(a)  The general requirements for eligibility of
360students for state financial aid awards consist of the
362     1.  Achievement of the academic requirements of and
363acceptance at a state university or community college; a nursing
364diploma school approved by the Florida Board of Nursing; a
365Florida college, university, or community college which is
366accredited by an accrediting agency recognized by the State
367Board of Education; any Florida institution the credits of which
368are acceptable for transfer to state universities; any career
369center; or any private career institution accredited by an
370accrediting agency recognized by the State Board of Education.
371     2.  Residency in this state for no less than 1 year
372preceding the award of aid for a program established pursuant to
373s. 1009.50, s. 1009.51, s. 1009.52, s. 1009.53, s. 1009.54, s.
3741009.56, s. 1009.57, s. 1009.60, s. 1009.62, s. 1009.63, s.
3751009.68, s. 1009.72, s. 1009.73, s. 1009.76, s. 1009.77, or s.
3761009.89. Residency in this state must be for purposes other than
377to obtain an education. Resident status for purposes of
378receiving state financial aid awards shall be determined in the
379same manner as resident status for tuition purposes pursuant to
380s. 1009.21 and rules of the State Board of Education.
381     3.  Submission of certification attesting to the accuracy,
382completeness, and correctness of information provided to
383demonstrate a student's eligibility to receive state financial
384aid awards. Falsification of such information shall result in
385the denial of any pending application and revocation of any
386award currently held to the extent that no further payments
387shall be made. Additionally, students who knowingly make false
388statements in order to receive state financial aid awards shall
389be guilty of a misdemeanor of the second degree subject to the
390provisions of s. 837.06 and shall be required to return all
391state financial aid awards wrongfully obtained.
392     Section 5.  If any provision of this act or the application
393thereof to any person or circumstance is held invalid, the
394invalidity shall not affect other provisions or applications of
395the act which can be given effect without the invalid provision
396or application, and to this end the provisions of this act are
397declared severable.
398     Section 6.  This act shall take effect July 1, 2005.

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