Senate Bill sb2698c1

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    Florida Senate - 2007                           CS for SB 2698

    By the Committee on Higher Education; and Senators Lawson,
    Atwater, Ring and Wilson




    589-2382-07

  1                      A bill to be entitled

  2         An act relating to postsecondary education;

  3         creating the Florida Public Community College

  4         and Career Center Working Student Assistance

  5         Program; providing legislative intent;

  6         providing eligibility criteria for student

  7         assistance grants; amending s. 1009.21, F.S.;

  8         defining terms relating to residency status for

  9         tuition purposes at colleges and universities

10         in this state; requiring that a person maintain

11         residency in this state for a specified period

12         in order to qualify as a resident; providing

13         criteria for other persons to be considered a

14         resident; requiring institutions of higher

15         education to ensure that a person is a resident

16         at the time of enrollment; providing that a

17         person who has attended a public high school in

18         this state for at least 2 years immediately

19         before graduation and enrolls in an institution

20         of higher education in this state within 12

21         months after graduation from a public high

22         school in this state is a resident under

23         certain circumstances; requiring the Board of

24         Governors to adopt a rule to designate

25         classifications of students as residents or

26         nonresidents for tuition purposes at state

27         universities; directing that the

28         classification of a student as a resident of

29         this state for tuition purposes by an

30         institution of higher education in this state

31         be recognized by all other institutions of

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    Florida Senate - 2007                           CS for SB 2698
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 1         higher education in this state to which the

 2         student may later seek admission; amending s.

 3         1009.50, F.S.; providing additional elements to

 4         be considered in awards of grants to community

 5         college students under the Florida Public

 6         Student Assistance Grant Program; providing an

 7         effective date.

 8  

 9         WHEREAS, the primary motive of federal student aid has

10  been to further the country's economic health and

11  competitiveness, and

12         WHEREAS, the investment made in grant aid would be

13  offset by the students' future contribution to the economic

14  development of the community, and

15         WHEREAS, unmet needs of students have forced a reliance

16  on loans, NOW, THEREFORE,

17  

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

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20         Section 1.  Florida Public Community College and Career

21  Center Working Student Assistance Program.--

22         (1)(a)  The Legislature recognizes the importance of

23  the role of financial aid in ensuring access to postsecondary

24  education and for student success. It is the intent of the

25  Legislature that every student enrolled in a public community

26  college have the resources necessary for graduation. The

27  Legislature further recognizes that the financial consequence

28  of repaying loans, on which graduates have placed high

29  reliance, negatively influences these graduates' ability to

30  provide positive reinforcement for the state's economy.

31  

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    Florida Senate - 2007                           CS for SB 2698
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 1         (b)  It is the purpose of this act to promote

 2  successful student participation in the economic development

 3  of their communities and the state by:

 4         1.  Providing financial support that will enable

 5  working students to achieve their degrees and increase their

 6  earning and spending potential.

 7         2.  Offering grant assistance to working students to

 8  minimize the use of loans for entry-level training. Student

 9  loans are more appropriate for students who have already moved

10  beyond entry-level jobs and have the income that will allow

11  repayment of loans.

12         (c)  There is created the Florida Public Community

13  College and Career Center Working Student Assistance Program

14  to provide financial support for working students in this

15  state. This program will provide assistance to students whose

16  employment income makes them ineligible for federal and state

17  grant assistance and for whom their income is insufficient to

18  commit to long-term debt through any financial assistance

19  through federal or other loans.

20         (2)(a)  Student grants through the program may be made

21  to students who enroll in at least 6 semester hours, or the

22  equivalent, or 10 hours per week of adult vocational training

23  per term and who meet other requirements for student

24  eligibility provided in this section or by rule. The grants

25  shall be awarded annually for an amount of need determined by

26  the institution but may not exceed an amount specified in the

27  General Appropriations Act.

28         (b)  The primary purpose of this grant is to serve

29  students who are not receiving state or federal grants.

30  Therefore, a student applying for a grant under this section

31  must also complete the application for federal financial aid,

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    Florida Senate - 2007                           CS for SB 2698
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 1  so that access to federal and state grants is the first avenue

 2  of support. For community college students, Pell Grant

 3  entitlements shall be considered in the award, but may not be

 4  required as a condition of award. The institutional assessment

 5  of financial resources available to the student may consider

 6  issues beyond that identified in the Free Application for

 7  Federal Student Aid (FAFSA) calculations to determine the

 8  unmet need of the student. Such issues include, but are not

 9  limited to:

10         1.  The inability of family members to contribute to

11  the educational expenses of those under age 24 who must report

12  family income on the Free Application for Federal Student Aid

13  (FAFSA) application.

14         2.  Independent or dependent students whose income and

15  expenses only qualify the student for loan programs, but for

16  whom loan debt will be an unreasonable burden.

17         (c)  Institutions shall prioritize awards to students

18  having the greatest need and may require students to meet

19  additional criteria for eligibility.

20         (3)  The Department of Education shall develop a method

21  to distribute funds to community colleges and career centers

22  and adopt rules necessary to administer this section, and

23  shall require annual reports of such colleges and centers.

24  Community college boards of trustees and school boards shall

25  adopt rules to administer this section locally.

26         Section 2.  Section 1009.21, Florida Statutes, is

27  amended 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.

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    Florida Senate - 2007                           CS for SB 2698
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 1         (1)  As used in this section:

 2         (a)  The term "dependent person child" means any

 3  person, whether or not living with his or her parent, who is

 4  eligible to be claimed by his or her parent as a dependent

 5  under the federal income tax code.

 6         (b)  The term "independent person" means any person who

 7  meets the criteria for independence as specified for federal

 8  financial aid purposes in Title IV of the Higher Education Act

 9  of 1965, as amended, or who provides 50 percent or more of his

10  or her own support as defined by rules and guidelines of the

11  State Board of Education and the Board of Governors of the

12  State University System.

13         (c)  The term "initial enrollment" means the first day

14  of class at an institution of higher education.

15         (d)(b)  The term "institution of higher education"

16  means any public community college or state university.

17         (e)(c)  A "legal resident" or "resident" means is a

18  person who has maintained his or her residence in this state

19  for the preceding year, has purchased a home which is occupied

20  by him or her as his or her residence, or has established a

21  domicile in this state under pursuant to s. 222.17.

22         (f)(d)  The term "parent" means the natural or adoptive

23  parent, stepparent, or legal guardian of a dependent person

24  for whom the natural or adoptive parent, stepparent, or legal

25  guardian has provided housing or more than 50 percent of the

26  person's financial support for at least 12 consecutive months

27  immediately before initial enrollment child.

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

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

30  in-state tuition rate; a "nonresident for tuition purposes" is

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

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    Florida Senate - 2007                           CS for SB 2698
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 1         (2)(a)  To qualify as a resident for tuition purposes:

 2         1.  A person or, if that person is a dependent person

 3  child, his or her parent or parents must have established

 4  legal residence in this state and must have maintained legal

 5  residence in this state for at least 12 consecutive months

 6  immediately before prior to his or her initial enrollment at

 7  an institution of higher education qualification.

 8         2.  Every applicant for admission to an institution of

 9  higher education is shall be required to make a statement as

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

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

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

13  or parents in the state currently is, and during the requisite

14  12-month qualifying period was, for the purpose of maintaining

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

16  maintaining a mere temporary residence or abode incident to

17  enrollment in an institution of higher education.

18         3.  Each institution of higher education must

19  affirmatively determine that an applicant who has been granted

20  admission to that institution as a resident of this state

21  meets the residency requirements of this section at the time

22  of initial enrollment.

23         (b)  However, with respect to a dependent person child

24  living with an adult relative other than the person's child's

25  parent, the person such child may qualify as a resident for

26  tuition purposes if the adult relative is a legal resident who

27  has maintained legal residence in this state for at least 12

28  consecutive months immediately prior to the person's initial

29  enrollment at an institution of higher education child's

30  qualification, provided the person child has resided

31  continuously with such relative for the 5 years immediately

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    Florida Senate - 2007                           CS for SB 2698
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 1  before the person's initial enrollment at an institution of

 2  higher education prior to the child's qualification, during

 3  which time the adult relative has exercised day-to-day care,

 4  supervision, and control of the person child.

 5         (c)  The legal residence of a dependent person child

 6  whose parents are divorced, separated, or otherwise living

 7  apart will be deemed to be this state if either parent is a

 8  legal resident of this state, regardless of which parent is

 9  entitled to claim, and does in fact claim, the person minor as

10  a dependent under pursuant to federal individual income tax

11  provisions.

12         (d)  A person who is classified as a nonresident for

13  tuition purposes may become eligible for reclassification as a

14  resident for tuition purposes only if that person, or his or

15  her parent if the person is a dependent person, provides

16  evidence of permanent residency for 12 consecutive months in

17  this state and provides evidence that residency in this state

18  is not merely temporary for the purpose of enrolling in an

19  institution of higher education in this state.

20         (3)  An individual may shall not be classified as a

21  resident for tuition purposes and, thus, may shall not be

22  eligible to receive the in-state tuition rate until he or she

23  has provided such evidence related to legal residence and its

24  duration as may be required by law and by officials of the

25  institution of higher education from which he or she seeks the

26  in-state tuition rate.

27         (4)  With respect to a dependent person child, the

28  legal residence of such person's individual's parent or

29  parents is prima facie evidence of the individual's legal

30  residence, which evidence may be reinforced or rebutted,

31  relative to the age and general circumstances of the

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    Florida Senate - 2007                           CS for SB 2698
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 1  individual, by the other evidence of legal residence required

 2  of or presented by the individual. However, the legal

 3  residence of an individual whose parent or parents are

 4  domiciled outside this state is not prima facie evidence of

 5  the individual's legal residence if that individual has lived

 6  in this state for 5 consecutive years prior to enrolling or

 7  reregistering at the institution of higher education at which

 8  resident status for tuition purposes is sought.

 9         (5)  In making a domiciliary determination related to

10  the classification of a person as a resident or nonresident

11  for tuition purposes, the domicile of a married person,

12  irrespective of sex, shall be determined, as in the case of an

13  unmarried person, by reference to all relevant evidence of

14  domiciliary intent.  For the purposes of this section:

15         (a)  A person is shall not be precluded from

16  establishing or maintaining legal residence in this state and

17  subsequently qualifying or continuing to qualify as a resident

18  for tuition purposes solely by reason of marriage to a person

19  domiciled outside this state, even when that person's spouse

20  continues to be domiciled outside of this state, provided such

21  person maintains his or her legal residence in this state.

22         (b)  A person is shall not be deemed to have

23  established or maintained a legal residence in this state and

24  subsequently to have qualified or continued to qualify as a

25  resident for tuition purposes solely by reason of marriage to

26  a person domiciled in this state.

27         (c)  In determining the domicile of a married person,

28  irrespective of sex, the fact of the marriage and the place of

29  domicile of such person's spouse shall be deemed relevant

30  evidence to be considered in ascertaining domiciliary intent.

31  

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    Florida Senate - 2007                           CS for SB 2698
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 1         (6)  Any nonresident person, irrespective of sex, who

 2  marries a legal resident of this state or marries a person who

 3  later becomes a legal resident may, upon becoming a legal

 4  resident of this state, accede to the benefit of the spouse's

 5  immediately precedent duration as a legal resident for

 6  purposes of satisfying the 12-month durational requirement of

 7  this section.

 8         (7)  A person does shall not lose his or her resident

 9  status for tuition purposes solely by reason of serving, or,

10  if such person is a dependent child, by reason of his or her

11  parent's or parents' serving, in the Armed Forces outside this

12  state.

13         (8)  A person who has been properly classified as a

14  resident for tuition purposes but who, while enrolled in an

15  institution of higher education in this state, loses his or

16  her resident tuition status because the person or, if he or

17  she is a dependent person child, the person's parent or

18  parents establish domicile or legal residence elsewhere shall

19  continue to enjoy the in-state tuition rate for a statutory

20  grace period, which period shall be measured from the date on

21  which the circumstances arose that culminated in the loss of

22  resident tuition status and shall continue for 12 months.

23  However, if the 12-month grace period ends during a semester

24  or academic term for which such former resident is enrolled,

25  such grace period shall be extended to the end of that

26  semester or academic term.

27         (9)  Any person who ceases to be enrolled at or who

28  graduates from an institution of higher education while

29  classified as a resident for tuition purposes and who

30  subsequently abandons his or her domicile in this state shall

31  be permitted to reenroll at an institution of higher education

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    Florida Senate - 2007                           CS for SB 2698
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 1  in this state as a resident for tuition purposes without the

 2  necessity of meeting the 12-month durational requirement of

 3  this section if that person has reestablished his or her

 4  domicile in this state within 12 months of such abandonment

 5  and continuously maintains the reestablished domicile during

 6  the period of enrollment. The benefit of this subsection shall

 7  not be accorded more than once to any one person.

 8         (10)  The following persons shall be classified as

 9  residents for tuition purposes:

10         (a)  Active duty members of the Armed Services of the

11  United States residing or stationed in this state, their

12  spouses, and dependent children, and active members of the

13  Florida National Guard who qualify under s. 250.10(7) and (8)

14  for the tuition assistance program.

15         (b)  Active duty members of the Armed Services of the

16  United States and their spouses and dependents attending a

17  public community college or state university within 50 miles

18  of the military establishment where they are stationed, if

19  such military establishment is within a county contiguous to

20  Florida.

21         (c)  United States citizens living on the Isthmus of

22  Panama, who have completed 12 consecutive months of college

23  work at the Florida State University Panama Canal Branch, and

24  their spouses and dependent children.

25         (d)  Full-time instructional and administrative

26  personnel employed by state public schools, community

27  colleges, and institutions of higher education, as defined in

28  s. 1000.04, and their spouses and dependent children.

29         (e)  Students from Latin America and the Caribbean who

30  receive scholarships from the federal or state government.

31  Any student classified pursuant to this paragraph shall

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    Florida Senate - 2007                           CS for SB 2698
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 1  attend, on a full-time basis, a Florida institution of higher

 2  education.

 3         (f)  Southern Regional Education Board's Academic

 4  Common Market graduate students attending Florida's state

 5  universities.

 6         (g)  Full-time employees of state agencies or political

 7  subdivisions of the state when the student fees are paid by

 8  the state agency or political subdivision for the purpose of

 9  job-related law enforcement or corrections training.

10         (h)  McKnight Doctoral Fellows and Finalists who are

11  United States citizens.

12         (i)  United States citizens living outside the United

13  States who are teaching at a Department of Defense Dependent

14  School or in an American International School and who enroll

15  in a graduate level education program which leads to a Florida

16  teaching certificate.

17         (j)  Active duty members of the Canadian military

18  residing or stationed in this state under the North American

19  Air Defense (NORAD) agreement, and their spouses and dependent

20  children, attending a community college or state university

21  within 50 miles of the military establishment where they are

22  stationed.

23         (k)  Active duty members of a foreign nation's military

24  who are serving as liaison officers and are residing or

25  stationed in this state, and their spouses and dependent

26  children, attending a community college or state university

27  within 50 miles of the military establishment where the

28  foreign liaison officer is stationed.

29         (l)  A person who has attended a public high school in

30  this state for at least 2 years immediately before graduation

31  and who enrolls in an institution of higher education in this

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    Florida Senate - 2007                           CS for SB 2698
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 1  state within 12 months after graduation from a public high

 2  school in this state if that person:

 3         1.  Is a United States citizen or is in another

 4  category of eligible non-United States citizens as specified

 5  in residency rules of the State Board of Education and

 6  residency regulations of the Board of Governors; and

 7         2.  Submits the high school transcript before initial

 8  enrollment.

 9  

10  This subsection does not prohibit a student at a private or

11  public high school who does not meet these criteria from

12  otherwise qualifying for residency for tuition purposes.

13         (11)  The State Board of Education shall by rule

14  designate classifications of students as residents or

15  nonresidents for tuition purposes at community colleges and

16  private institutions of higher education governed by s.

17  1009.40 state universities. The Board of Governors shall adopt

18  a rule to classify students as residents or nonresidents for

19  tuition purposes at state universities.

20         (12)  The classification of a student as a resident of

21  this state for tuition purposes by an institution of higher

22  education in this state shall be recognized by all other

23  institutions of higher education in this state to which the

24  student may later seek admission if:

25         1.  The student has attended the institution making the

26  classification within the last 12 months;

27         2.  The residency is noted on the student's transcript;

28  and

29         3.  There is no information in the student's

30  application which suggests an erroneous classification was

31  made or the student's situation has changed.

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    Florida Senate - 2007                           CS for SB 2698
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 1         Section 3.  Paragraph (e) is added to subsection (2) of

 2  section 1009.50, Florida Statutes, to read:

 3         1009.50  Florida Public Student Assistance Grant

 4  Program; eligibility for grants.--

 5         (2)

 6         (e)  For community college students, Pell Grant

 7  entitlements shall be considered in the award, but may not be

 8  required as a condition of award.

 9         Section 4.  This act shall take effect upon becoming a

10  law.

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    Florida Senate - 2007                           CS for SB 2698
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 1          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
 2                         Senate Bill 2698

 3                                 

 4  The committee substitute:

 5  Provides that Pell Grant entitlements are not a condition
    prerequisite for an award under the program for community
 6  college students;

 7  Revises the determination of resident status for tuition
    purposes by providing:
 8  
       - A definition of independent person to mean any person who
 9       meets the criteria for independence as specified under
         federal law or who provides at least 50 percent of his or
10       her own support;

11     - A definition of initial enrollment;

12     - A definition of a parent for purposes of using the
         residency of the parent to establish residency, to
13       require the parent to provide housing to the student or
         at least 50 percent of financial support to the student;
14  
       - A requirement that an individual must have maintained
15       residency in the state for at least 12 consecutive months
         immediately preceding the initial enrollment;
16  
       - A procedure for reclassification of residency if the
17       person provides evidence of permanent residency for 12
         consecutive months in the state and that the residency
18       was not for the purposes of enrolling in an institution
         of higher education;
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       - A new procedure for qualifying as a resident if the
20       person is a U.S. citizen or other eligible non-U.S.
         citizen who attended a Florida public high school for at
21       least 2 years before graduation and who enrolls within 12
         months following graduation in a Florida institution of
22       higher education; and

23     - A new requirement for residency determination to be
         binding upon subsequent institutions of higher education
24       under certain conditions.

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