Florida Senate - 2009                                    SB 1118
       
       
       
       By Senator Wilson
       
       
       
       
       33-01050-09                                           20091118__
    1                        A bill to be entitled                      
    2         An act relating to determination of resident status
    3         for tuition purposes; amending s. 1009.21, F.S.;
    4         revising definitions; providing conditions for
    5         reclassification as a resident for tuition purposes;
    6         requiring that evidence be provided relating to legal
    7         residency and dependent status; requiring institutions
    8         of higher education to determine an applicant's
    9         dependent status and residency under certain
   10         circumstances; revising obsolete provisions; providing
   11         additional categories within which students may be
   12         classified as residents for tuition purposes; limiting
   13         eligibility for state financial aid; providing an
   14         effective date.
   15         
   16  Be It Enacted by the Legislature of the State of Florida:
   17         
   18         Section 1. Subsections (1), (2), (3), and (10) of section
   19  1009.21, Florida Statutes, are amended to read:
   20         1009.21 Determination of resident status for tuition
   21  purposes.—Students shall be classified as residents or
   22  nonresidents for the purpose of assessing tuition in community
   23  colleges and state universities.
   24         (1) As used in this section, the term:
   25         (a) The term “Dependent child” means any person, whether or
   26  not living with his or her parent, who is eligible to be claimed
   27  by his or her parent as a dependent under the federal income tax
   28  code and who receives at least 51 percent of the true cost-of
   29  living expenses from his or her parent, as defined by rules of
   30  the State Board of Education.
   31         (b)“Initial enrollment” means the first day of class at an
   32  institution of higher education.
   33         (c)(b)The term “Institution of higher education” means any
   34  public community college or state university.
   35         (d)(c)A “Legal resident” or “resident” means is a person
   36  who has maintained his or her residence in this state for the
   37  preceding year, has purchased a home which is occupied by him or
   38  her as his or her residence, or has established a domicile in
   39  this state pursuant to s. 222.17.
   40         (e)“Nonresident for tuition purposes” means a person who
   41  does not qualify for the in-state tuition rate.
   42         (f)(d)The term “Parent” means the natural or adoptive
   43  parent or legal guardian of a dependent child.
   44         (g)(e)A “Resident for tuition purposes” means is a person
   45  who qualifies as provided in subsection (2) for the in-state
   46  tuition rate; a “nonresident for tuition purposes” is a person
   47  who does not qualify for the in-state tuition rate.
   48         (2)(a) To qualify as a resident for tuition purposes:
   49         1. A person or, if that person is a dependent child, his or
   50  her parent or parents must have established legal residence in
   51  this state and must have maintained legal residence in this
   52  state for at least 12 consecutive months immediately before
   53  prior to his or her initial enrollment in an institution of
   54  higher education qualification.
   55         2. Every applicant for admission to an institution of
   56  higher education shall be required to make a statement as to his
   57  or her length of residence in the state and, further, shall
   58  establish that his or her presence or, if the applicant is a
   59  dependent child, the presence of his or her parent or parents in
   60  the state currently is, and during the requisite 12-month
   61  qualifying period was, for the purpose of maintaining a bona
   62  fide domicile, rather than for the purpose of maintaining a mere
   63  temporary residence or abode incident to enrollment in an
   64  institution of higher education.
   65         (b) However, with respect to a dependent child living with
   66  an adult relative other than the child's parent, such child may
   67  qualify as a resident for tuition purposes if the adult relative
   68  is a legal resident who has maintained legal residence in this
   69  state for at least 12 consecutive months immediately before
   70  prior to the child's initial enrollment in an institution of
   71  higher education and if qualification, provided the child has
   72  resided continuously with the such relative for the 5 years
   73  immediately before prior to the child's initial enrollment
   74  qualification, during which time the adult relative has
   75  exercised day-to-day care, supervision, and control of the
   76  child.
   77         (c) The legal residence of a dependent child whose parents
   78  are divorced, separated, or otherwise living apart will be
   79  deemed to be this state if either parent is a legal resident of
   80  this state, regardless of which parent is entitled to claim, and
   81  does in fact claim, the minor as a dependent pursuant to federal
   82  individual income tax provisions.
   83         (d)A person who is classified as a nonresident for tuition
   84  purposes may become eligible for reclassification as a resident
   85  for tuition purposes if that person or, if that person is a
   86  dependent child, his or her parent presents documentation that
   87  supports permanent residency in this state rather than temporary
   88  residency for the purpose of pursuing an education, such as
   89  documentation of full-time permanent employment for the previous
   90  12 months or the purchase of a home in this state and residence
   91  therein during the previous 12 months. If a person who is a
   92  dependent child and his or her parent move to this state while
   93  the child is a high school student and the child graduates from
   94  a high school in this state, the child may become eligible for
   95  reclassification as a resident for tuition purposes when the
   96  parent qualifies for permanent residency. However, an illegal
   97  immigrant who qualifies as a resident for tuition purposes under
   98  this paragraph is not eligible for state financial aid.
   99         (3)(a)A person may An individual shall not be classified
  100  as a resident for tuition purposes and is, thus, shall not be
  101  eligible to receive the in-state tuition rate until he or she
  102  has provided such evidence related to legal residence and its
  103  duration or, if the person is a dependent child, documentation
  104  of his or her parent's legal residence and its duration, as well
  105  as documentation confirming his or her status as a dependent
  106  child, as may be required by law and by officials of the
  107  institution of higher education from which he or she seeks the
  108  in-state tuition rate.
  109         (b)Each institution of higher education must:
  110         1.Determine whether an applicant who has been granted
  111  admission to that institution is a dependent child.
  112         2.Affirmatively determine that an applicant who has been
  113  granted admission to that institution as a resident of this
  114  state meets the residency requirements of this section at the
  115  time of initial enrollment.
  116         (10) The following persons shall be classified as residents
  117  for tuition purposes:
  118         (a) Active duty members of the Armed Services of the United
  119  States residing or stationed in this state, their spouses, and
  120  dependent children, and active members of the Florida National
  121  Guard who qualify under s. 250.10(7) and (8) for the tuition
  122  assistance program.
  123         (b) Active duty members of the Armed Services of the United
  124  States and their spouses and dependents attending a public
  125  community college or state university within 50 miles of the
  126  military establishment where they are stationed, if such
  127  military establishment is within a county contiguous to Florida.
  128         (c) United States citizens living on the Isthmus of Panama,
  129  who have completed 12 consecutive months of college work at the
  130  Florida State University Panama Canal Branch, and their spouses
  131  and dependent children.
  132         (d) Full-time instructional and administrative personnel
  133  employed by state public schools, community colleges, and
  134  institutions of higher education, as defined in s. 1000.04, and
  135  their spouses and dependent children.
  136         (e) Students from Latin America and the Caribbean who
  137  receive scholarships from the federal or state government. Any
  138  student classified pursuant to this paragraph shall attend, on a
  139  full-time basis, a Florida institution of higher education.
  140         (f) Southern Regional Education Board's Academic Common
  141  Market graduate students attending Florida's state universities.
  142         (g) Full-time employees of state agencies or political
  143  subdivisions of the state when the student fees are paid by the
  144  state agency or political subdivision for the purpose of job
  145  related law enforcement or corrections training.
  146         (h) McKnight Doctoral Fellows and Finalists who are United
  147  States citizens.
  148         (i) United States citizens living outside the United States
  149  who are teaching at a Department of Defense Dependent School or
  150  in an American International School and who enroll in a graduate
  151  level education program which leads to a Florida teaching
  152  certificate.
  153         (j) Active duty members of the Canadian military residing
  154  or stationed in this state under the North American Aerospace
  155  Defense Command Air Defense (NORAD) agreement, and their spouses
  156  and dependent children, attending a community college or state
  157  university within 50 miles of the military establishment where
  158  they are stationed.
  159         (k) Active duty members of a foreign nation's military who
  160  are serving as liaison officers and are residing or stationed in
  161  this state, and their spouses and dependent children, attending
  162  a community college or state university within 50 miles of the
  163  military establishment where the foreign liaison officer is
  164  stationed.
  165         (l)Full-time employees of international multilateral
  166  organizations based in this state which are recognized by the
  167  United States Department of State and their spouses and
  168  dependent children.
  169         (m)A student, other than a nonimmigrant alien within the
  170  meaning of 8 U.S.C. s. 1001(a)(15), who meets the following
  171  criteria:
  172         1.Has resided in this state with a parent for at least 3
  173  consecutive years immediately preceding the date the student
  174  received a high school diploma or its equivalent.
  175         2.Has attended a high school in this state for at least 3
  176  consecutive school years during such time.
  177         3.Has filed an affidavit with the institution of higher
  178  education stating that the student has filed an application to
  179  legalize his or her immigration status or will file such
  180  application as soon as he or she is eligible to do so.
  181  However, students who qualify under this paragraph are not
  182  eligible for state financial aid.
  183         Section 2. This act shall take effect July 1, 2009.