Senate Bill sb2264c2

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    Florida Senate - 2005                    CS for CS for SB 2264

    By the Committees on Education Appropriations; Education; and
    Senator Atwater




    602-2352-05

  1                      A bill to be entitled

  2         An act relating to the payment of instructional

  3         costs for students; amending s. 1009.21, F.S.;

  4         defining the term "initial enrollment" for

  5         purposes of determining a postsecondary

  6         student's residential status for tuition

  7         purposes; providing duties of institutions of

  8         higher education; providing conditions under

  9         which a nonresident may be reclassified as a

10         resident of this state; requiring that

11         specified evidence of the legal residence and

12         dependent status of an individual be provided

13         as a prerequisite to classification as a

14         resident for tuition purposes; amending s.

15         1009.24, F.S.; providing that the Legislature

16         has the responsibility to establish tuition and

17         fees; providing that tuition and fees for

18         certain state university resident students are

19         established within the General Appropriations

20         Act or law; requiring each board of trustees to

21         set university tuition and fees under certain

22         circumstances; providing that such tuition and

23         fees may not exceed tuition and fees for

24         corresponding programs at certain public

25         institutions; requiring each university to

26         allocate a certain percentage amount raised by

27         tuition increases to financial aid for

28         students; providing that tuition and fees for

29         certain students are not subject to a cap;

30         amending s. 1009.40, F.S.; providing that

31         certain students are ineligible to receive more

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    Florida Senate - 2005                    CS for CS for SB 2264
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 1         than one state-funded tuition assistance grant;

 2         providing an effective date.

 3  

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

 5  

 6         Section 1.  Subsections (1), (2), and (3) of section

 7  1009.21, Florida Statutes, are amended to read:

 8         1009.21  Determination of resident status for tuition

 9  purposes.--Students shall be classified as residents or

10  nonresidents for the purpose of assessing tuition in community

11  colleges and state universities.

12         (1)  As used in this section, the term:

13         (a)  The term "Dependent child" means any person,

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

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

16  federal income tax code and who receives at least 51 percent

17  of the true cost-of-living expenses from his or her parent, as

18  further defined in rules of the department and postsecondary

19  residential guidelines.

20         (b)  The term "Institution of higher education" means

21  any public community college or state university.

22         (c)  A "legal resident" or "resident" means is a person

23  who has maintained his or her residence in this state for the

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

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

26  in this state pursuant to s. 222.17.

27         (d)  The term "Parent" means the natural or adoptive

28  parent or legal guardian of a dependent child.

29         (e)  A "resident for tuition purposes" means is a

30  person who qualifies as provided in subsection (2) for the

31  

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    Florida Senate - 2005                    CS for CS for SB 2264
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 1  in-state tuition rate; a "nonresident for tuition purposes" is

 2  a person who does not qualify for the in-state tuition rate.

 3         (f)  "Initial enrollment" means the first day of class

 4  at an institution of higher education.

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

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

 7  his or her parent or parents must have established legal

 8  residence in this state and must have maintained legal

 9  residence in this state for at least 12 consecutive months

10  immediately prior to his or her initial enrollment at an

11  institution of higher education qualification.

12         2.  Every applicant for admission to an institution of

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

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

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

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

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

18  12-month qualifying period was, for the purpose of maintaining

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

20  maintaining a mere temporary residence or abode incident to

21  enrollment in an institution of higher education.

22         3.  Each institution of higher education must determine

23  whether an applicant who has been granted admission to that

24  institution is a dependent child.

25         4.  Each institution of higher education must

26  affirmatively determine that an applicant who has been granted

27  admission to that institution as a Florida resident meets the

28  residency requirements of this section at the time of initial

29  enrollment.

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

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

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    Florida Senate - 2005                    CS for CS for SB 2264
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 1  child may qualify as a resident for tuition purposes if the

 2  adult relative is a legal resident who has maintained legal

 3  residence in this state for at least 12 consecutive months

 4  immediately prior to the child's initial enrollment at an

 5  institution of higher education qualification, provided the

 6  child has resided continuously with such relative for the 5

 7  years immediately prior to the child's initial enrollment at

 8  an institution of higher education qualification, during which

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

10  supervision, and control of the child.

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

12  parents are divorced, separated, or otherwise living apart

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

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

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

16  pursuant to federal individual income tax provisions.

17         (d)  An individual who is classified as a nonresident

18  for tuition purposes may become eligible for reclassification

19  as a resident for tuition purposes only if that individual, or

20  his or her parent if that individual is a dependent child,

21  supports permanent residency in this state by presenting

22  documentation of permanent, full-time employment in this state

23  and domicile in this state for 12 consecutive months while not

24  enrolled full-time at an institution of higher education.

25  However, if an individual and his or her parent moves to this

26  state while the individual is a high school student and the

27  individual graduates from a high school in this state, the

28  individual may become eligible for reclassification as a

29  resident for tuition purposes when the parent qualifies for

30  permanent residency, if the individual is a dependent child.

31  

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    Florida Senate - 2005                    CS for CS for SB 2264
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 1         (3)  An individual may shall not be classified as a

 2  resident for tuition purposes and, thus, is ineligible shall

 3  not be eligible to receive the in-state tuition rate until he

 4  or she has provided such evidence related to legal residence

 5  and its duration or, if that individual is a dependent child,

 6  documentation of his or her parent's legal residence and its

 7  duration, as well as documentation confirming his or her

 8  status as a dependent child, as may be required by law and by

 9  officials of the institution of higher education from which he

10  or she seeks the in-state tuition rate.

11         Section 2.  Subsection (3) of section 1009.24, Florida

12  Statutes, is amended to read:

13         1009.24  State university student fees.--

14         (3)(a)  The Legislature has the responsibility to

15  establish tuition and fees.

16         (b)  Undergraduate tuition and fees for state

17  university resident students are established within proviso in

18  the General Appropriations Act or law.

19         (c)  Except as otherwise provided by law, each board of

20  trustees shall set university tuition and fees for graduate,

21  graduate professional, and nonresident students. Tuition and

22  fees for graduate, graduate professional, and nonresident

23  students may not exceed the average full-time tuition and fees

24  for corresponding programs at public institutions that are

25  members of the Association of American Universities.  The

26  annual percentage increase in tuition and fees established by

27  each board of trustees pursuant to this paragraph for students

28  enrolled prior to the fall of 2005 shall not exceed the annual

29  percentage increase approved by the Legislature for resident

30  undergraduate students.  At least 20 percent of the amount

31  raised by tuition increases imposed pursuant to this paragraph

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    Florida Senate - 2005                    CS for CS for SB 2264
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 1  shall be allocated by each university to need-based financial

 2  aid for students. Within proviso in the General Appropriations

 3  Act and law, each board of trustees shall set university

 4  tuition and fees.

 5         (d)  The sum of the activity and service, health, and

 6  athletic fees a student is required to pay to register for a

 7  course shall not exceed 40 percent of the tuition established

 8  in law or in the General Appropriations Act. The tuition and

 9  fees established in paragraph (c) for graduate, graduate

10  professional, or nonresident students are not subject to the

11  40-percent cap. A No university is not shall be required to

12  lower any fee in effect on the effective date of this act in

13  order to comply with this subsection. Within the 40 percent

14  cap, universities may not increase the aggregate sum of

15  activity and service, health, and athletic fees more than 5

16  percent per year unless specifically authorized in law or in

17  the General Appropriations Act. A university may increase its

18  athletic fee to defray the costs associated with changing

19  National Collegiate Athletic Association divisions. Any such

20  increase in the athletic fee may exceed both the 40 percent

21  cap and the 5 percent cap imposed by this subsection. Any such

22  increase must be approved by the athletic fee committee in the

23  process outlined in subsection (11) and cannot exceed $2 per

24  credit hour. Notwithstanding the provisions of ss. 1009.534,

25  1009.535, and 1009.536, that portion of any increase in an

26  athletic fee pursuant to this subsection that causes the sum

27  of the activity and service, health, and athletic fees to

28  exceed the 40 percent cap or the annual increase in such fees

29  to exceed the 5 percent cap shall not be included in

30  calculating the amount a student receives for a Florida

31  Academic Scholars award, a Florida Medallion Scholars award,

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    Florida Senate - 2005                    CS for CS for SB 2264
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 1  or a Florida Gold Seal Vocational Scholars award. This

 2  subsection does not prohibit a university from increasing or

 3  assessing optional fees related to specific activities if

 4  payment of such fees is not required as a part of registration

 5  for courses.

 6         Section 3.  Subsection (1) of section 1009.40, Florida

 7  Statutes, is amended, and subsection (5) is added to that

 8  section, 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, or s. 1009.891. Residency in this state must be for

30  purposes other than to obtain an education. Resident status

31  for purposes of receiving state financial aid awards or

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    Florida Senate - 2005                    CS for CS for SB 2264
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 1  tuition assistance grants shall be determined in the same

 2  manner as resident status for tuition purposes pursuant to s.

 3  1009.21 and rules of the State Board of Education implementing

 4  s. 1009.21 and the postsecondary guidelines of the department.

 5         3.  Submission of certification attesting to the

 6  accuracy, completeness, and correctness of information

 7  provided to demonstrate a student's eligibility to receive

 8  state financial aid awards. Falsification of such information

 9  shall result in the denial of any pending application and

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

11  further payments shall be made. Additionally, students who

12  knowingly make false statements in order to receive state

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

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

15  be required to return all state financial aid awards

16  wrongfully obtained.

17         (b)1.  Eligibility for the renewal of undergraduate

18  financial aid awards shall be evaluated at the end of the

19  second semester or third quarter of each academic year.  As a

20  condition for renewal, a student shall:

21         a.  Have earned a minimum cumulative grade point

22  average of 2.0 on a 4.0 scale; and

23         b.  Have earned, for full-time study, 12 credits per

24  term or the equivalent for the number of terms for which aid

25  was received.

26         2.  A student who earns the minimum number of credits

27  required for renewal, but who fails to meet the minimum 2.0

28  cumulative grade point average, may be granted a probationary

29  award for up to the equivalent of 1 academic year and shall be

30  required to earn a cumulative grade point average of 2.0 on a

31  4.0 scale by the end of the probationary period to be eligible

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    Florida Senate - 2005                    CS for CS for SB 2264
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 1  for subsequent renewal.  A student who receives a probationary

 2  award and who fails to meet the conditions for renewal by the

 3  end of his or her probationary period shall be ineligible to

 4  receive additional awards for the equivalent of 1 academic

 5  year following his or her probationary period. Each such

 6  student may, however, reapply for assistance during a

 7  subsequent application period and may be eligible for an award

 8  if he or she has earned a cumulative grade point average of

 9  2.0 on a 4.0 scale.

10         3.  A student who fails to earn the minimum number of

11  credits required for renewal shall lose his or her eligibility

12  for renewal for a period equivalent to 1 academic year.

13  However, the student may reapply during a subsequent

14  application period and may be eligible for an award if he or

15  she has earned a minimum cumulative grade point average of 2.0

16  on a 4.0 scale.

17         4.  Students who receive state student aid and

18  subsequently fail to meet state academic progress requirements

19  due to verifiable illness or other emergencies may be granted

20  an exception from the academic requirements.  Such students

21  shall make a written appeal to the institution.  The appeal

22  shall include a description and verification of the

23  circumstances. Verification of illness or other emergencies

24  may include but not be limited to a physician's statement or

25  written statement of a parent or college official.  The

26  institution shall recommend exceptions with necessary

27  documentation to the department.  The department may accept or

28  deny such recommendations for exception from the institution.

29         (5)  A student who is attending a nonpublic for-profit

30  or nonprofit institution is ineligible to receive more than

31  

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    Florida Senate - 2005                    CS for CS for SB 2264
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 1  one state award that is a tuition assistance grant during a

 2  single semester.

 3         Section 4.  This act shall take effect July 1, 2005.

 4  

 5          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
 6                     CS for Senate Bill 2264

 7                                 

 8  The committee substitute for CS/SB 2264 specifies that the
    cost of living expenses used in determining whether a student
 9  is a dependent as part of residency determination for tuition
    purposes shall be defined in departmental rules and
10  postsecondary education guidelines.  The committee substitute
    also specifies that in residency determination, resident
11  months in Florida prior to enrollment are to be consecutive
    and that residency guidelines do not apply solely to
12  undergraduates.

13  The committe substitute also addresses the setting of tuition
    and fees within the state university system  It states that
14  the Legislature has the responsibility to establish tuition
    and fees.  Undergraduate tuition and fees are to be
15  established in proviso within the General Appropriations Act
    or law. Each university's Board of Trustees may set tuition
16  and fees for graduate, graduate professional, and nonresident
    students, unless otherwise provided by law.  Increases are to
17  be governed by the average tuition and fees at public members
    of the Association of American Universities and increases
18  affecting students enrolled prior to the fall of 2005 shall
    not exceed the annual percentage increase approved by the
19  Legislature for resident undergraduate students.

20  The committee substitute also prohibits a student enrolled at
    a private postsecondary institution from receiving more than
21  one state tuition assistance grant during a single semester.

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