Senate Bill sb0366c1
CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2006                            CS for SB 366
    By the Committee on Education; and Senator Wilson
    581-1867-06
  1                      A bill to be entitled
  2         An act relating to determination of resident
  3         status for tuition purposes; amending s.
  4         1009.21, F.S.; revising definitions; providing
  5         conditions for reclassification as a resident
  6         for tuition purposes; requiring that evidence
  7         be provided relating to legal residency and
  8         dependent status; providing duties of
  9         institutions of higher education; updating
10         obsolete terminology; providing additional
11         categories within which students may be
12         classified as residents for tuition purposes;
13         limiting eligibility for an award of state
14         financial aid; providing an effective date.
15  
16  Be It Enacted by the Legislature of the State of Florida:
17  
18         Section 1.  Subsections (1), (2), and (3) and
19  paragraphs (b) and (j) of subsection (10) of section 1009.21,
20  Florida Statutes, are amended, and paragraphs (l) and (m) are
21  added to subsection (10) of that section, to read:
22         1009.21  Determination of resident status for tuition
23  purposes.--Students shall be classified as residents or
24  nonresidents for the purpose of assessing tuition in community
25  colleges and state universities.
26         (1)  As used in this section, the term:
27         (a)  The term "Dependent child" means any person,
28  whether or not living with his or her parent, who is eligible
29  to be claimed by his or her parent as a dependent under the
30  federal income tax code and who receives at least 51 percent
31  
                                  1
CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2006                            CS for SB 366
    581-1867-06
 1  of the true cost-of-living expenses from his or her parent, as
 2  further defined in rules of the State Board of Education.
 3         (b)  "Initial enrollment" means the first day of class
 4  at an institution of higher education.
 5         (c)(b)  The term "Institution of higher education"
 6  means any public community college or state university.
 7         (d)(c)  A "Legal resident" or "resident" means is a
 8  person who has maintained his or her residence in this state
 9  for the preceding year, has purchased a home which is occupied
10  by him or her as his or her residence, or has established a
11  domicile in this state pursuant to s. 222.17.
12         (e)  "Nonresident for tuition purposes" means a person
13  who does not qualify for the in-state tuition rate.
14         (f)(d)  The term "Parent" means the natural or adoptive
15  parent or legal guardian of a dependent child.
16         (g)(e)  A "Resident for tuition purposes" means is a
17  person who qualifies as provided in subsection (2) for the
18  in-state tuition rate; a "nonresident for tuition purposes" is
19  a person who does not qualify for the in-state tuition rate.
20         (2)(a)  To qualify as a resident for tuition purposes:
21         1.  A person or, if that person is a dependent child,
22  his or her parent or parents must have established legal
23  residence in this state and must have maintained legal
24  residence in this state for at least 12 consecutive months
25  immediately prior to his or her initial enrollment in an
26  institution of higher education qualification.
27         2.  Every applicant for admission to an institution of
28  higher education shall be required to make a statement as to
29  his or her length of residence in the state and, further,
30  shall establish that his or her presence or, if the applicant
31  is a dependent child, the presence of his or her parent or
                                  2
CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2006                            CS for SB 366
    581-1867-06
 1  parents in the state currently is, and during the requisite
 2  12-month qualifying period was, for the purpose of maintaining
 3  a bona fide domicile, rather than for the purpose of
 4  maintaining a mere temporary residence or abode incident to
 5  enrollment in an institution of higher education.
 6         (b)  However, with respect to a dependent child living
 7  with an adult relative other than the child's parent, such
 8  child may qualify as a resident for tuition purposes if the
 9  adult relative is a legal resident who has maintained legal
10  residence in this state for at least 12 consecutive months
11  immediately prior to the child's initial enrollment in an
12  institution of higher education qualification, provided the
13  child has resided continuously with such relative for the 5
14  years immediately prior to the child's initial enrollment
15  qualification, during which time the adult relative has
16  exercised day-to-day care, supervision, and control of the
17  child.
18         (c)  The legal residence of a dependent child whose
19  parents are divorced, separated, or otherwise living apart
20  will be deemed to be this state if either parent is a legal
21  resident of this state, regardless of which parent is entitled
22  to claim, and does in fact claim, the minor as a dependent
23  pursuant to federal individual income tax provisions.
24         (d)  A person who is classified as a nonresident for
25  tuition purposes may become eligible for reclassification as a
26  resident for tuition purposes if that person or, if that
27  person is a dependent child, his or her parent presents
28  documentation that supports permanent residency in this state
29  rather than temporary residency for the purpose of pursuing an
30  education, such as documentation of full-time permanent
31  employment for the previous 12 months or the purchase of a
                                  3
CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2006                            CS for SB 366
    581-1867-06
 1  home in this state and residence therein for the prior 12
 2  months. If a person who is a dependent child and his or her
 3  parent move to this state while such child is a high school
 4  student and the child graduates from a high school in this
 5  state, the child may become eligible for reclassification as a
 6  resident for tuition purposes when the parent qualifies for
 7  permanent residency. However, an illegal immigrant is not
 8  eligible for state financial aid under this paragraph.
 9         (3)(a)  An individual shall not be classified as a
10  resident for tuition purposes and, thus, shall not be eligible
11  to receive the in-state tuition rate until he or she has
12  provided such evidence related to legal residence and its
13  duration or, if that individual is a dependent child,
14  documentation of his or her parent's legal residence and its
15  duration, as well as documentation confirming his or her
16  status as a dependent child, as may be required by law and by
17  officials of the institution of higher education from which he
18  or she seeks the in-state tuition rate.
19         (b)  Each institution of higher education must:
20         1.  Determine whether an applicant who has been granted
21  admission to that institution is a dependent child.
22         2.  Affirmatively determine that an applicant who has
23  been granted admission to that institution as a Florida
24  resident meets the residency requirements of this section at
25  the time of initial enrollment.
26         (10)  The following persons shall be classified as
27  residents for tuition purposes:
28         (b)  Active duty members of the Armed Services of the
29  United States, and their spouses and dependent children,
30  dependents attending a public community college or state
31  university within 50 miles of the military establishment where
                                  4
CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2006                            CS for SB 366
    581-1867-06
 1  they are stationed, if such military establishment is within a
 2  county contiguous to Florida.
 3         (j)  Active duty members of the Canadian military
 4  residing or stationed in this state under the North American
 5  Aerospace Defense Command Air Defense (NORAD) agreement, and
 6  their spouses and dependent children, attending a community
 7  college or state university within 50 miles of the military
 8  establishment where they are stationed.
 9         (l)  Full-time employees of international multilateral
10  organizations based in Florida that are recognized by the
11  United States Department of State and their spouses and
12  dependent children.
13         (m)  A student, other than a nonimmigrant alien within
14  the meaning of 8 U.S.C. s. 1001(a)(15), who meets the
15  following criteria:
16         1.  Has resided in Florida with a parent for at least 3
17  consecutive years immediately preceding the date the student
18  received a high school diploma or its equivalent.
19         2.  Has attended a Florida high school for at least 3
20  consecutive school years during such time.
21         3.  Has filed an affidavit with the institution of
22  higher education stating that the student has filed an
23  application to legalize his or her immigration status or will
24  file such application as soon as he or she is eligible to do
25  so.
26  
27  However, students who qualify under this paragraph are not
28  eligible for state financial aid.
29         Section 2.  This act shall take effect July 1, 2006.
30  
31  
                                  5
CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2006                            CS for SB 366
    581-1867-06
 1          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
 2                         Senate Bill 366
 3                                 
 4  This committee substitute:
 5  Provides new categories of persons who can become eligible as
    residents for tuition purposes, to include those who are
 6  eligible for reclassification based on documentation of
    permanent residency, and employees and their families of
 7  international, multilateral companies based in-state and
    recognized by the U.S. Department of State;
 8  
    Stipulates that illegal immigrants are not authorized to
 9  receive state financial aid;
10  Amends definition of "dependent child" to include requirement
    that the child receive at least 51 percent of the true
11  cost-of-living expenses from a parent;
12  Defines "initial enrollment" as the first day of class at an
    institute of higher education, such that the end date of the
13  12 month legal residency requirement is extended to the first
    day of class; and
14  
    Requires institutes of higher education to affirmatively
15  determine whether an admitted applicant is a dependent child
    and meets the requirement for residency.
16  
17  
18  
19  
20  
21  
22  
23  
24  
25  
26  
27  
28  
29  
30  
31  
                                  6
CODING: Words stricken are deletions; words underlined are additions.