Senate Bill sb0366c1

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    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  

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    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

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    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

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    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

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    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  

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    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;
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    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
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    Requires institutes of higher education to affirmatively
15  determine whether an admitted applicant is a dependent child
    and meets the requirement for residency.
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