HB 0119CS


1The Colleges & Universities Committee recommends the following:
3     Council/Committee Substitute
4     Remove the entire bill and insert:
A bill to be entitled
6An act relating to higher education finance; amending s.
71009.21, F.S.; revising provisions relating to
8determination of resident status for tuition purposes;
9revising definitions; updating obsolete terminology;
10providing for reclassification under certain
11circumstances; classifying as residents for tuition
12purposes certain employees of international multilateral
13organizations; providing eligibility criteria for certain
14students who are not permanent residents of the United
15States for exemption from payment of nonresident tuition;
16limiting enrollment; requiring the Department of Education
17to administer the exemption program; reenacting s.
181009.40(1)(a), F.S., relating to general requirements for
19student eligibility for state financial aid, to
20incorporate the amendment to s. 1009.21, F.S., in a
21reference thereto; requiring a study and report by the
22Office of Program Policy Analysis and Government
23Accountability; providing for severability; providing an
24effective date.
26Be It Enacted by the Legislature of the State of Florida:
28     Section 1.  Section 1009.21, Florida Statutes, is amended
29to read:
30     1009.21  Determination of resident status for tuition
31purposes; exemption.--Students shall be classified as residents
32or nonresidents for the purpose of assessing tuition in
33community colleges and state universities.
34     (1)  As used in this section, the term:
35     (a)  The term "Dependent child" means any person, whether
36or not living with his or her parent, who is eligible to be
37claimed by his or her parent as a dependent under the federal
38income tax code.
39     (b)  "Initial enrollment" means the first day of class.
40     (c)(b)  The term "Institution of higher education" means
41any public community college or state university.
42     (d)(c)  A "Legal resident" or "resident" means is a person
43who has maintained his or her residence in this state for the
44preceding year, has purchased a home which is occupied by him or
45her as his or her residence, or has established a domicile in
46this state pursuant to s. 222.17.
47     (e)  "Nonresident for tuition purposes" means a person who
48does not qualify for the in-state tuition rate.
49     (f)(d)  The term "Parent" means the natural or adoptive
50parent or legal guardian of a dependent child.
51     (g)(e)  A "Resident for tuition purposes" means is a person
52who qualifies as provided in subsection (2) for the in-state
53tuition rate; a "nonresident for tuition purposes" is a person
54who does not qualify for the in-state tuition rate.
55     (2)(a)  To qualify as a resident for tuition purposes:
56     1.  A person or, if that person is a dependent child, his
57or her parent or parents must have established legal residence
58in this state and must have maintained legal residence in this
59state for at least 12 months immediately prior to his or her
60initial enrollment in a postsecondary education program in this
61state qualification.
62     2.  Every applicant for admission to an institution of
63higher education shall be required to make a statement as to his
64or her length of residence in the state and, further, shall
65establish that his or her presence or, if the applicant is a
66dependent child, the presence of his or her parent or parents in
67the state currently is, and during the requisite 12-month
68qualifying period was, for the purpose of maintaining a bona
69fide domicile, rather than for the purpose of maintaining a mere
70temporary residence or abode incident to enrollment in an
71institution of higher education.
72     (b)  However, with respect to a dependent child living with
73an adult relative other than the child's parent, such child may
74qualify as a resident for tuition purposes if the adult relative
75is a legal resident who has maintained legal residence in this
76state for at least 12 months immediately prior to the child's
77initial enrollment in a postsecondary education program in this
78state qualification, provided the child has resided continuously
79with such relative for the 5 years immediately prior to the
80child's initial enrollment qualification, during which time the
81adult relative has exercised day-to-day care, supervision, and
82control of the child.
83     (c)  The legal residence of a dependent child whose parents
84are divorced, separated, or otherwise living apart will be
85deemed to be this state if either parent is a legal resident of
86this state, regardless of which parent is entitled to claim, and
87does in fact claim, the minor as a dependent pursuant to federal
88individual income tax provisions.
89     (d)  A person who is classified as a nonresident for
90tuition purposes may become eligible for reclassification as a
91resident for tuition purposes if that person or, if that person
92is a dependent child, his or her parent presents documentation
93that supports permanent residency in this state rather than
94temporary residency for the purpose of pursuing an education,
95such as documentation of full-time permanent employment for the
96previous 12 months or the purchase of a home in this state and
97residence therein for the prior 12 months.
98     (3)  An individual shall not be classified as a resident
99for tuition purposes and, thus, shall not be eligible to receive
100the in-state tuition rate until he or she has provided such
101evidence related to legal residence and its duration as may be
102required by officials of the institution of higher education
103from which he or she seeks the in-state tuition rate.
104     (4)  With respect to a dependent child, the legal residence
105of such individual's parent or parents is prima facie evidence
106of the individual's legal residence, which evidence may be
107reinforced or rebutted, relative to the age and general
108circumstances of the individual, by the other evidence of legal
109residence required of or presented by the individual. However,
110the legal residence of an individual whose parent or parents are
111domiciled outside this state is not prima facie evidence of the
112individual's legal residence if that individual has lived in
113this state for 5 consecutive years prior to enrolling or
114reregistering at the institution of higher education at which
115resident status for tuition purposes is sought.
116     (5)  In making a domiciliary determination related to the
117classification of a person as a resident or nonresident for
118tuition purposes, the domicile of a married person, irrespective
119of sex, shall be determined, as in the case of an unmarried
120person, by reference to all relevant evidence of domiciliary
121intent. For the purposes of this section:
122     (a)  A person shall not be precluded from establishing or
123maintaining legal residence in this state and subsequently
124qualifying or continuing to qualify as a resident for tuition
125purposes solely by reason of marriage to a person domiciled
126outside this state, even when that person's spouse continues to
127be domiciled outside of this state, provided such person
128maintains his or her legal residence in this state.
129     (b)  A person shall not be deemed to have established or
130maintained a legal residence in this state and subsequently to
131have qualified or continued to qualify as a resident for tuition
132purposes solely by reason of marriage to a person domiciled in
133this state.
134     (c)  In determining the domicile of a married person,
135irrespective of sex, the fact of the marriage and the place of
136domicile of such person's spouse shall be deemed relevant
137evidence to be considered in ascertaining domiciliary intent.
138     (6)  Any nonresident person, irrespective of sex, who
139marries a legal resident of this state or marries a person who
140later becomes a legal resident may, upon becoming a legal
141resident of this state, accede to the benefit of the spouse's
142immediately precedent duration as a legal resident for purposes
143of satisfying the 12-month durational requirement of this
145     (7)  A person shall not lose his or her resident status for
146tuition purposes solely by reason of serving, or, if such person
147is a dependent child, by reason of his or her parent's or
148parents' serving, in the Armed Forces outside this state.
149     (8)  A person who has been properly classified as a
150resident for tuition purposes but who, while enrolled in an
151institution of higher education in this state, loses his or her
152resident tuition status because the person or, if he or she is a
153dependent child, the person's parent or parents establish
154domicile or legal residence elsewhere shall continue to enjoy
155the in-state tuition rate for a statutory grace period, which
156period shall be measured from the date on which the
157circumstances arose that culminated in the loss of resident
158tuition status and shall continue for 12 months. However, if the
15912-month grace period ends during a semester or academic term
160for which such former resident is enrolled, such grace period
161shall be extended to the end of that semester or academic term.
162     (9)  Any person who ceases to be enrolled at or who
163graduates from an institution of higher education while
164classified as a resident for tuition purposes and who
165subsequently abandons his or her domicile in this state shall be
166permitted to reenroll at an institution of higher education in
167this state as a resident for tuition purposes without the
168necessity of meeting the 12-month durational requirement of this
169section if that person has reestablished his or her domicile in
170this state within 12 months of such abandonment and continuously
171maintains the reestablished domicile during the period of
172enrollment. The benefit of this subsection shall not be accorded
173more than once to any one person.
174     (10)  The following persons shall be classified as
175residents for tuition purposes:
176     (a)  Active duty members of the Armed Services of the
177United States residing or stationed in this state, their
178spouses, and dependent children, and active members of the
179Florida National Guard who qualify under s. 250.10(7) and (8)
180for the tuition assistance program.
181     (b)  Active duty members of the Armed Services of the
182United States, and their spouses and dependent children,
183dependents attending a public community college or state
184university within 50 miles of the military establishment where
185they are stationed, if such military establishment is within a
186county contiguous to Florida.
187     (c)  United States citizens living on the Isthmus of
188Panama, who have completed 12 consecutive months of college work
189at the Florida State University Panama Canal Branch, and their
190spouses and dependent children.
191     (d)  Full-time instructional and administrative personnel
192employed by state public schools, community colleges, and
193institutions of higher education, as defined in s. 1000.04, and
194their spouses and dependent children.
195     (e)  Students from Latin America and the Caribbean who
196receive scholarships from the federal or state government. Any
197student classified pursuant to this paragraph shall attend, on a
198full-time basis, a Florida institution of higher education.
199     (f)  Southern Regional Education Board's Academic Common
200Market graduate students attending Florida's state universities.
201     (g)  Full-time employees of state agencies or political
202subdivisions of the state when the student fees are paid by the
203state agency or political subdivision for the purpose of job-
204related law enforcement or corrections training.
205     (h)  McKnight Doctoral Fellows and Finalists who are United
206States citizens.
207     (i)  United States citizens living outside the United
208States who are teaching at a Department of Defense Dependent
209School or in an American International School and who enroll in
210a graduate level education program which leads to a Florida
211teaching certificate.
212     (j)  Active duty members of the Canadian military residing
213or stationed in this state under the North American Aerospace
214Defense Command Air Defense (NORAD) agreement, and their spouses
215and dependent children, attending a community college or state
216university within 50 miles of the military establishment where
217they are stationed.
218     (k)  Active duty members of a foreign nation's military who
219are serving as liaison officers and are residing or stationed in
220this state, and their spouses and dependent children, attending
221a community college or state university within 50 miles of the
222military establishment where the foreign liaison officer is
224     (l)  Full-time employees of international multilateral
225organizations based in Florida that are recognized by the United
226States Department of State and their spouses and dependent
228     (11)  A student, other than a nonimmigrant alien within the
229meaning of 8 U.S.C. s. 1101(a)(15), who meets all of the
230following requirements may apply for an exemption from paying
231nonresident tuition at community colleges and state
233     (a)  The student has resided in Florida with a parent, as
234defined in paragraph (1)(f), for at least 3 consecutive years
235immediately preceding the date the student received a high
236school diploma or its equivalent and has attended a Florida high
237school for at least 3 consecutive school years during such time.
238     (b)  The student has registered and enrolled in a community
239college or a state university. The student may apply for a term
240deferral of any out-of-state fee assessed by the institution
241until eligibility for the exemption is determined.
242     (c)  The student has provided the community college or
243state university an affidavit stating that the student will file
244an application to become a permanent resident of the United
245States at the earliest opportunity he or she is eligible to do
247     (d)  The student has submitted an application for the
248exemption to the community college or state university in the
249manner prescribed by the Department of Education.
251The exemption authorized pursuant to this subsection shall be
252limited to the top 2,000 students in academic performance in
253Florida high schools who register and enroll at a community
254college or state university under the exemption. The Department
255of Education shall administer the exemption program and shall
256develop an application form and guidelines for student
257participation. The community college or state university shall
258enter all application criteria submitted by the student into the
259department's online database, in the manner and timeframe
260prescribed by the department, for final determination by the
261department of the student's eligibility to receive the
263     (12)(11)  The State Board of Education shall by rule
264designate classifications of students as residents or
265nonresidents for tuition purposes at community colleges and
266state universities.
267     Section 2.  For the purpose of incorporating the amendment
268to section 1009.21, Florida Statutes, in a reference thereto,
269paragraph (a) of subsection (1) of section 1009.40, Florida
270Statutes, is reenacted to read:
271     1009.40  General requirements for student eligibility for
272state financial aid.--
273     (1)(a)  The general requirements for eligibility of
274students for state financial aid awards consist of the
276     1.  Achievement of the academic requirements of and
277acceptance at a state university or community college; a nursing
278diploma school approved by the Florida Board of Nursing; a
279Florida college, university, or community college which is
280accredited by an accrediting agency recognized by the State
281Board of Education; any Florida institution the credits of which
282are acceptable for transfer to state universities; any career
283center; or any private career institution accredited by an
284accrediting agency recognized by the State Board of Education.
285     2.  Residency in this state for no less than 1 year
286preceding the award of aid for a program established pursuant to
287s. 1009.50, s. 1009.51, s. 1009.52, s. 1009.53, s. 1009.54, s.
2881009.56, s. 1009.57, s. 1009.60, s. 1009.62, s. 1009.63, s.
2891009.68, s. 1009.72, s. 1009.73, s. 1009.76, s. 1009.77, or s.
2901009.89. Residency in this state must be for purposes other than
291to obtain an education. Resident status for purposes of
292receiving state financial aid awards shall be determined in the
293same manner as resident status for tuition purposes pursuant to
294s. 1009.21 and rules of the State Board of Education.
295     3.  Submission of certification attesting to the accuracy,
296completeness, and correctness of information provided to
297demonstrate a student's eligibility to receive state financial
298aid awards. Falsification of such information shall result in
299the denial of any pending application and revocation of any
300award currently held to the extent that no further payments
301shall be made. Additionally, students who knowingly make false
302statements in order to receive state financial aid awards shall
303be guilty of a misdemeanor of the second degree subject to the
304provisions of s. 837.06 and shall be required to return all
305state financial aid awards wrongfully obtained.
306     Section 3.  The Office of Program Policy Analysis and
307Government Accountability shall conduct a study to examine how
308each state university supports students in making timely
309progress toward the completion of the student's degree. The
310study shall also evaluate the effectiveness of each state
311university's system, assess the cost of implementing a universal
312tracking degree audit system, and assess what savings would be
313accrued from such a system. A report of the results of the study
314shall be submitted to the Governor, the President of the Senate,
315and the Speaker of the House of Representatives by January 1,
317     Section 4.  If any provision of this act or the application
318thereof to any person or circumstance is held invalid, the
319invalidity shall not affect other provisions or applications of
320the act which can be given effect without the invalid provision
321or application, and to this end the provisions of this act are
322declared severable.
323     Section 5.  This act shall take effect July 1, 2005.

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