HB 119

1	A bill to be entitled
2	An act relating to higher education finance; amending s.
3	1009.21, F.S.; revising provisions relating to
4	determination of resident status for tuition purposes;
5	revising definitions; providing conditions for
6	reclassification as a resident for tuition purposes;
7	requiring that evidence be provided relating to legal
8	residency and dependent status; providing duties of
9	institutions of higher education; updating obsolete
10	terminology; classifying as residents for tuition purposes
11	certain employees of international multilateral
12	organizations; classifying as residents for tuition
13	purposes certain students who are not permanent residents
14	of the United States; amending s. 1009.40, F.S.; providing
15	general requirements for student eligibility for state
16	financial aid awards and tuition assistance grants;
17	including the Access to Better Learning and Education
18	Grant Program as an eligible tuition assistance program;
19	providing penalties for false statements; providing that
20	certain students are ineligible to receive more than one
21	state-funded tuition assistance grant; providing an
22	effective date.
23
24	Be It Enacted by the Legislature of the State of Florida:
25
26	Section 1.  Subsections (1), (2), and (3) and paragraphs
27	(b) and (j) of subsection (10) of section 1009.21, Florida
28	Statutes, are amended, and paragraphs (l) and (m) are added to
29	subsection (10) of that section, to read:
30	1009.21  Determination of resident status for tuition
31	purposes; exemption.--Students shall be classified as residents
32	or nonresidents for the purpose of assessing tuition in
33	community colleges and state universities.
34	(1)  As used in this section, the term:
35	(a)  The term "Dependent child" means any person, whether
36	or not living with his or her parent, who is eligible to be
37	claimed by his or her parent as a dependent under the federal
38	income tax code and who receives at least 51 percent of the true
39	cost-of-living expenses from his or her parent, as further
40	defined in rules of the State Board of Education.
41	(b)  "Initial enrollment" means the first day of class at
42	an institution of higher education.
43	(c)(b)  The term "Institution of higher education" means
44	any public community college or state university.
45	(d)(c)  A "Legal resident" or "resident" means is a person
46	who has maintained his or her residence in this state for the
47	preceding year, has purchased a home which is occupied by him or
48	her as his or her residence, or has established a domicile in
49	this state pursuant to s. 222.17.
50	(e)  "Nonresident for tuition purposes" means a person who
51	does not qualify for the in-state tuition rate.
52	(f)(d)  The term "Parent" means the natural or adoptive
53	parent or legal guardian of a dependent child.
54	(g)(e)  A "Resident for tuition purposes" means is a person
55	who qualifies as provided in subsection (2) for the in-state
56	tuition rate; a "nonresident for tuition purposes" is a person
57	who does not qualify for the in-state tuition rate.
58	(2)(a)  To qualify as a resident for tuition purposes:
59	1.  A person or, if that person is a dependent child, his
60	or her parent or parents must have established legal residence
61	in this state and must have maintained legal residence in this
62	state for at least 12 consecutive months immediately prior to
63	his or her initial enrollment in an institution of higher
64	education qualification.
65	2.  Every applicant for admission to an institution of
66	higher education shall be required to make a statement as to his
67	or her length of residence in the state and, further, shall
68	establish that his or her presence or, if the applicant is a
69	dependent child, the presence of his or her parent or parents in
70	the state currently is, and during the requisite 12-month
71	qualifying period was, for the purpose of maintaining a bona
72	fide domicile, rather than for the purpose of maintaining a mere
73	temporary residence or abode incident to enrollment in an
74	institution of higher education.
75	(b)  However, with respect to a dependent child living with
76	an adult relative other than the child's parent, such child may
77	qualify as a resident for tuition purposes if the adult relative
78	is a legal resident who has maintained legal residence in this
79	state for at least 12 consecutive months immediately prior to
80	the child's initial enrollment in an institution of higher
81	education qualification, provided the child has resided
82	continuously with such relative for the 5 years immediately
83	prior to the child's initial enrollment qualification, during
84	which time the adult relative has exercised day-to-day care,
85	supervision, and control of the child.
86	(c)  The legal residence of a dependent child whose parents
87	are divorced, separated, or otherwise living apart will be
88	deemed to be this state if either parent is a legal resident of
89	this state, regardless of which parent is entitled to claim, and
90	does in fact claim, the minor as a dependent pursuant to federal
91	individual income tax provisions.
92	(d)  A person who is classified as a nonresident for
93	tuition purposes may become eligible for reclassification as a
94	resident for tuition purposes if that person or, if that person
95	is a dependent child, his or her parent presents documentation
96	that supports permanent residency in this state rather than
97	temporary residency for the purpose of pursuing an education,
98	such as documentation of full-time permanent employment for the
99	previous 12 months or the purchase of a home in this state and
100	residence therein for the prior 12 months. If a person who is a
101	dependent child and his or her parent move to this state while
102	such child is a high school student and the child graduates from
103	a high school in this state, the child may become eligible for
104	reclassification as a resident for tuition purposes when the
105	parent qualifies for permanent residency.
106	(3)(a)  An individual shall not be classified as a resident
107	for tuition purposes and, thus, shall not be eligible to receive
108	the in-state tuition rate until he or she has provided such
109	evidence related to legal residence and its duration or, if that
110	individual is a dependent child, documentation of his or her
111	parent's legal residence and its duration, as well as
112	documentation confirming his or her status as a dependent child,
113	as may be required by law and by officials of the institution of
114	higher education from which he or she seeks the in-state tuition
115	rate.
116	(b)  Each institution of higher education must:
117	1.  Determine whether an applicant who has been granted
118	admission to that institution is a dependent child.
119	2.  Affirmatively determine that an applicant who has been
120	granted admission to that institution as a Florida resident
121	meets the residency requirements of this section at the time of
122	initial enrollment.
123	(10)  The following persons shall be classified as
124	residents for tuition purposes:
125	(b)  Active duty members of the Armed Services of the
126	United States, and their spouses and dependent children,
127	dependents attending a public community college or state
128	university within 50 miles of the military establishment where
129	they are stationed, if such military establishment is within a
130	county contiguous to Florida.
131	(j)  Active duty members of the Canadian military residing
132	or stationed in this state under the North American Aerospace
133	Defense Command Air Defense (NORAD) agreement, and their spouses
134	and dependent children, attending a community college or state
135	university within 50 miles of the military establishment where
136	they are stationed.
137	(l)  Full-time employees of international multilateral
138	organizations based in Florida that are recognized by the United
139	States Department of State and their spouses and dependent
140	children.
141	(m)  A student, other than a nonimmigrant alien within the
142	meaning of 8 U.S.C. s. 1101(a)(15), who has resided in Florida
143	with a parent for at least 3 consecutive years immediately
144	preceding the date the student received a Florida high school
145	diploma or its equivalent and, for at least 3 consecutive school
146	years during such time, has attended a Florida high school
147	recognized by the Department of Education.
148	Section 2.  Paragraph (a) of subsection (1) of section
149	1009.40, Florida Statutes, is amended, and subsection (5) is
150	added to that section, to read:
151	1009.40  General requirements for student eligibility for
152	state financial aid awards and tuition assistance grants.--
153	(1)(a)  The general requirements for eligibility of
154	students for state financial aid awards and tuition assistance
155	grants consist of the following:
156	1.  Achievement of the academic requirements of and
157	acceptance at a state university or community college; a nursing
158	diploma school approved by the Florida Board of Nursing; a
159	Florida college, university, or community college which is
160	accredited by an accrediting agency recognized by the State
161	Board of Education; any Florida institution the credits of which
162	are acceptable for transfer to state universities; any career
163	center; or any private career institution accredited by an
164	accrediting agency recognized by the State Board of Education.
165	2.  Residency in this state for no less than 1 year
166	preceding the award of aid or a tuition assistance grant for a
167	program established pursuant to s. 1009.50, s. 1009.51, s.
168	1009.52, s. 1009.53, s. 1009.54, s. 1009.56, s. 1009.57, s.
169	1009.60, s. 1009.62, s. 1009.63, s. 1009.68, s. 1009.72, s.
170	1009.73, s. 1009.76, s. 1009.77, or s. 1009.89, or s. 1009.891.
171	Residency in this state must be for purposes other than to
172	obtain an education. Resident status for purposes of receiving
173	state financial aid awards or tuition assistance grants shall be
174	determined in the same manner as resident status for tuition
175	purposes pursuant to s. 1009.21 and rules of the State Board of
176	Education.
177	3.  Submission of certification attesting to the accuracy,
178	completeness, and correctness of information provided to
179	demonstrate a student's eligibility to receive state financial
180	aid awards or tuition assistance grants. Falsification of such
181	information shall result in the denial of any pending
182	application and revocation of any award or grant currently held
183	to the extent that no further payments shall be made.
184	Additionally, students who knowingly make false statements in
185	order to receive state financial aid awards or tuition
186	assistance grants shall be guilty of a misdemeanor of the second
187	degree subject to the provisions of s. 837.06 and shall be
188	required to return all state financial aid awards or tuition
189	assistance grants wrongfully obtained.
190	(5)  A student who is attending a nonpublic for-profit or
191	nonprofit institution is ineligible to receive more than one
192	state award that is a tuition assistance grant during a single
193	semester.
194	Section 3.  This act shall take effect July 1, 2006.

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