Senate Bill sb0226

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    Florida Senate - 2005                                   SB 226

    By Senator Wilson





    33-26A-05

  1                      A bill to be entitled

  2         An act relating to resident status for purposes

  3         of postsecondary tuition; amending s. 1009.21,

  4         F.S.; providing an exemption from payment of

  5         nonresident tuition at community colleges and

  6         state universities for certain students meeting

  7         eligibility criteria; amending s. 1009.40,

  8         F.S., relating to general requirements for

  9         eligibility for state financial aid; specifying

10         procedures for determining resident status for

11         purposes of receiving such awards; providing an

12         effective date.

13  

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

15  

16         Section 1.  Section 1009.21, Florida Statutes, is

17  amended to read:

18         1009.21  Determination of resident status for tuition

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

20  residents or nonresidents for the purpose of assessing tuition

21  in community colleges and state universities.

22         (1)  As used in this section:

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

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

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

26  federal income tax code.

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

28  any public community college or state university.

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

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

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

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    Florida Senate - 2005                                   SB 226
    33-26A-05




 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 - 2005                                   SB 226
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 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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 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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 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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 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 dependents attending a

 5  public community college or state university within 50 miles

 6  of the military establishment where the member of the Armed

 7  Forces is they are stationed, if such military establishment

 8  is within a county 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.

31  

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 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         (k)  Active duty members of a foreign nation's military

13  who are serving as liaison officers and are residing or

14  stationed in this state, and their spouses and dependent

15  children, attending a community college or state university

16  within 50 miles of the military establishment where the

17  foreign liaison officer is stationed.

18         (11)  A student, other than a nonimmigrant alien within

19  the meaning of 8 U.S.C. s. 1101(a)(15), shall be exempt from

20  paying nonresident tuition at a community college or state

21  university if the student:

22         (a)  Has resided in this state with a parent as defined

23  in paragraph (1)(d) for at least 3 consecutive years

24  immediately preceding the date the student received a high

25  school diploma or its equivalent and has attended a high

26  school in this state for at least 3 consecutive school years

27  during that time; and

28         (b)  Has provided to a community college or a state

29  university an affidavit stating that the student will file an

30  application to become a permanent resident of the United

31  

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 1  States at the earliest opportunity he or she is eligible to do

 2  so.

 3         (12)(11)  The State Board of Education shall by rule

 4  designate classifications of students as residents or

 5  nonresidents for tuition purposes at community colleges and

 6  state universities.

 7         Section 2.  Paragraph (a) of subsection (1) of section

 8  1009.40, Florida Statutes, is amended to read:

 9         1009.40  General requirements for student eligibility

10  for state financial aid.--

11         (1)(a)  The general requirements for eligibility of

12  students for state financial aid awards consist of the

13  following:

14         1.  Achievement of the academic requirements of and

15  acceptance at a state university or community college; a

16  nursing diploma school approved by the Florida Board of

17  Nursing; a Florida college, university, or community college

18  which is accredited by an accrediting agency recognized by the

19  State Board of Education; any Florida institution the credits

20  of which are acceptable for transfer to state universities;

21  any career center; or any private career institution

22  accredited by an accrediting agency recognized by the State

23  Board of Education.

24         2.  Residency in this state for no less than 1 year

25  preceding the award of aid for a program established pursuant

26  to s. 1009.50, s. 1009.51, s. 1009.52, s. 1009.53, s. 1009.54,

27  s. 1009.56, s. 1009.57, s. 1009.60, s. 1009.62, s. 1009.63, s.

28  1009.68, s. 1009.72, s. 1009.73, s. 1009.76, s. 1009.77, or s.

29  1009.89. Residency in this state must be for purposes other

30  than to obtain an education. Resident status for purposes of

31  receiving state financial aid awards shall be determined in

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 1  the same manner as resident status for tuition purposes

 2  pursuant to s. 1009.21(1)-(10) s. 1009.21 and rules of the

 3  State Board of Education.

 4         3.  Submission of certification attesting to the

 5  accuracy, completeness, and correctness of information

 6  provided to demonstrate a student's eligibility to receive

 7  state financial aid awards. Falsification of such information

 8  shall result in the denial of any pending application and

 9  revocation of any award currently held to the extent that no

10  further payments shall be made. Additionally, students who

11  knowingly make false statements in order to receive state

12  financial aid awards shall be guilty of a misdemeanor of the

13  second degree subject to the provisions of s. 837.06 and shall

14  be required to return all state financial aid awards

15  wrongfully obtained.

16         Section 3.  This act shall take effect upon becoming a

17  law.

18  

19            *****************************************

20                          SENATE SUMMARY

21    Provides an exemption from payment of nonresident tuition
      at community colleges and state universities for certain
22    students who meet eligibility criteria. Specifies
      procedures for determining residential status for
23    purposes of receiving state financial aid awards.

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