| 1 | The Education Appropriations Committee recommends the following: |
| 2 | Council/Committee Substitute |
| 3 | Remove the entire bill and insert: |
| 4 | A bill to be entitled |
| 5 | An act relating to postsecondary student fees; amending s. |
| 6 | 1009.21, F.S., relating to determination of resident |
| 7 | status for tuition purposes; revising definitions; |
| 8 | providing conditions for reclassification as a resident |
| 9 | for tuition purposes; requiring that evidence be provided |
| 10 | relating to legal residency and dependent status; |
| 11 | providing duties of institutions of higher education; |
| 12 | updating obsolete terminology; classifying as residents |
| 13 | for tuition purposes certain employees of international |
| 14 | multilateral organizations; creating s. 1009.255, F.S.; |
| 15 | providing an out-of-state fee exemption; providing |
| 16 | eligibility criteria; providing for distribution of the |
| 17 | exemption; limiting participation in the program; |
| 18 | requiring the Department of Education to administer the |
| 19 | exemption program; prohibiting use of the exemption for |
| 20 | certain purposes; providing an effective date. |
| 21 |
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| 22 | Be It Enacted by the Legislature of the State of Florida: |
| 23 |
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| 24 | Section 1. Subsections (1), (2), and (3) and paragraphs |
| 25 | (b) and (j) of subsection (10) of section 1009.21, Florida |
| 26 | Statutes, are amended, and paragraph (l) is added to subsection |
| 27 | (10) of that section, to read: |
| 28 | 1009.21 Determination of resident status for tuition |
| 29 | purposes.--Students shall be classified as residents or |
| 30 | nonresidents for the purpose of assessing tuition in community |
| 31 | colleges and state universities. |
| 32 | (1) As used in this section, the term: |
| 33 | (a) The term "Dependent child" means any person, whether |
| 34 | or not living with his or her parent, who is eligible to be |
| 35 | claimed by his or her parent as a dependent under the federal |
| 36 | income tax code and who receives at least 51 percent of the true |
| 37 | cost-of-living expenses from his or her parent, as further |
| 38 | defined in rules of the State Board of Education. |
| 39 | (b) "Initial enrollment" means the first day of class at |
| 40 | an institution of higher education. |
| 41 | (c)(b) The term "Institution of higher education" means |
| 42 | any public community college or state university. |
| 43 | (d)(c) A "Legal resident" or "resident" means is a person |
| 44 | who has maintained his or her residence in this state for the |
| 45 | preceding year, has purchased a home which is occupied by him or |
| 46 | her as his or her residence, or has established a domicile in |
| 47 | this state pursuant to s. 222.17. |
| 48 | (e) "Nonresident for tuition purposes" means a person who |
| 49 | does not qualify for the in-state tuition rate. |
| 50 | (f)(d) The term "Parent" means the natural or adoptive |
| 51 | parent or legal guardian of a dependent child. |
| 52 | (g)(e) A "Resident for tuition purposes" means is a person |
| 53 | who qualifies as provided in subsection (2) for the in-state |
| 54 | tuition rate; a "nonresident for tuition purposes" is a person |
| 55 | who does not qualify for the in-state tuition rate. |
| 56 | (2)(a) To qualify as a resident for tuition purposes: |
| 57 | 1. A person or, if that person is a dependent child, his |
| 58 | or her parent or parents must have established legal residence |
| 59 | in this state and must have maintained legal residence in this |
| 60 | state for at least 12 consecutive months immediately prior to |
| 61 | his or her initial enrollment in an institution of higher |
| 62 | education qualification. |
| 63 | 2. Every applicant for admission to an institution of |
| 64 | higher education shall be required to make a statement as to his |
| 65 | or her length of residence in the state and, further, shall |
| 66 | establish that his or her presence or, if the applicant is a |
| 67 | dependent child, the presence of his or her parent or parents in |
| 68 | the state currently is, and during the requisite 12-month |
| 69 | qualifying period was, for the purpose of maintaining a bona |
| 70 | fide domicile, rather than for the purpose of maintaining a mere |
| 71 | temporary residence or abode incident to enrollment in an |
| 72 | institution of higher education. |
| 73 | (b) However, with respect to a dependent child living with |
| 74 | an adult relative other than the child's parent, such child may |
| 75 | qualify as a resident for tuition purposes if the adult relative |
| 76 | is a legal resident who has maintained legal residence in this |
| 77 | state for at least 12 consecutive months immediately prior to |
| 78 | the child's initial enrollment in an institution of higher |
| 79 | education qualification, provided the child has resided |
| 80 | continuously with such relative for the 5 years immediately |
| 81 | prior to the child's initial enrollment qualification, during |
| 82 | which time the adult relative has exercised day-to-day care, |
| 83 | supervision, and control of the child. |
| 84 | (c) The legal residence of a dependent child whose parents |
| 85 | are divorced, separated, or otherwise living apart will be |
| 86 | deemed to be this state if either parent is a legal resident of |
| 87 | this state, regardless of which parent is entitled to claim, and |
| 88 | does in fact claim, the minor as a dependent pursuant to federal |
| 89 | individual income tax provisions. |
| 90 | (d) A person who is classified as a nonresident for |
| 91 | tuition purposes may become eligible for reclassification as a |
| 92 | resident for tuition purposes if that person or, if that person |
| 93 | is a dependent child, his or her parent presents documentation |
| 94 | that supports permanent residency in this state rather than |
| 95 | temporary residency for the purpose of pursuing an education, |
| 96 | such as documentation of full-time permanent employment for the |
| 97 | previous 12 months or the purchase of a home in this state and |
| 98 | residence therein for the prior 12 months. If a person who is a |
| 99 | dependent child and his or her parent move to this state while |
| 100 | such child is a high school student and the child graduates from |
| 101 | a high school in this state, the child may become eligible for |
| 102 | reclassification as a resident for tuition purposes when the |
| 103 | parent qualifies for permanent residency. |
| 104 | (3)(a) An individual shall not be classified as a resident |
| 105 | for tuition purposes and, thus, shall not be eligible to receive |
| 106 | the in-state tuition rate until he or she has provided such |
| 107 | evidence related to legal residence and its duration or, if that |
| 108 | individual is a dependent child, documentation of his or her |
| 109 | parent's legal residence and its duration, as well as |
| 110 | documentation confirming his or her status as a dependent child, |
| 111 | as may be required by law and by officials of the institution of |
| 112 | higher education from which he or she seeks the in-state tuition |
| 113 | rate. |
| 114 | (b) Each institution of higher education must: |
| 115 | 1. Determine whether an applicant who has been granted |
| 116 | admission to that institution is a dependent child. |
| 117 | 2. Affirmatively determine that an applicant who has been |
| 118 | granted admission to that institution as a Florida resident |
| 119 | meets the residency requirements of this section at the time of |
| 120 | initial enrollment. |
| 121 | (10) The following persons shall be classified as |
| 122 | residents for tuition purposes: |
| 123 | (b) Active duty members of the Armed Services of the |
| 124 | United States, and their spouses and dependent children, |
| 125 | dependents attending a public community college or state |
| 126 | university within 50 miles of the military establishment where |
| 127 | they are stationed, if such military establishment is within a |
| 128 | county contiguous to Florida. |
| 129 | (j) Active duty members of the Canadian military residing |
| 130 | or stationed in this state under the North American Aerospace |
| 131 | Defense Command Air Defense (NORAD) agreement, and their spouses |
| 132 | and dependent children, attending a community college or state |
| 133 | university within 50 miles of the military establishment where |
| 134 | they are stationed. |
| 135 | (l) Full-time employees of international multilateral |
| 136 | organizations based in Florida that are recognized by the United |
| 137 | States Department of State and their spouses and dependent |
| 138 | children. |
| 139 | Section 2. Section 1009.255, Florida Statutes, is created |
| 140 | to read: |
| 141 | 1009.255 Out-of-state fee exemption.-- |
| 142 | (1) A student who meets all of the following requirements |
| 143 | may be eligible for an exemption from paying out-of-state fees |
| 144 | assessed pursuant to s. 1009.22, s. 1009.23, or s. 1009.24: |
| 145 | (a) The student resided in Florida with a parent for at |
| 146 | least 3 consecutive years immediately preceding the date the |
| 147 | student received a high school diploma, or its equivalent, and |
| 148 | attended a Florida public high school for at least 3 consecutive |
| 149 | school years during such time. |
| 150 | (b) The student is accepted by and enrolls in a community |
| 151 | college or state university within 12 months after receiving a |
| 152 | high school diploma or its equivalent. |
| 153 | (c) The student submits an application for the exemption |
| 154 | to the Department of Education in the manner prescribed by the |
| 155 | department and by the deadline established by the department. |
| 156 | (2)(a) For the 2006-2007 academic year, the Department of |
| 157 | Education shall distribute the exemptions in the following |
| 158 | manner: |
| 159 | 1. To the first 1,500 students currently enrolled in a |
| 160 | community college or state university who have a cumulative |
| 161 | grade point average of at least 2.0 and who submit an |
| 162 | application to the department and meet the criteria in |
| 163 | subsection (1). |
| 164 | 2. To the top 500 students in academic performance in |
| 165 | Florida public high schools who submit an application to the |
| 166 | department and meet the criteria in subsection (1). |
| 167 | (b) Beginning with the 2007-2008 academic year, the |
| 168 | Department of Education shall issue no more than 500 new |
| 169 | exemptions per year to the top 500 students in academic |
| 170 | performance in Florida public high schools who submit an |
| 171 | application to the department and meet the criteria in |
| 172 | subsection (1). |
| 173 | (c) In order to retain the exemption, a student must have |
| 174 | completed at least 12 semester credit hours or the equivalent in |
| 175 | the previous academic year and maintain at least a 2.0 |
| 176 | cumulative grade point average. |
| 177 | (3)(a) The Department of Education shall administer the |
| 178 | exemption program, develop an application form, and establish |
| 179 | deadlines and guidelines for student participation. |
| 180 | (b) The department shall issue the exemptions by August 31 |
| 181 | of each year and shall notify the student and the community |
| 182 | college or state university in which the student is enrolled. |
| 183 | (4) The exemption may not be used for remedial courses, |
| 184 | graduate-level courses, or professional-level courses. |
| 185 | Section 3. This act shall take effect July 1, 2006. |