Florida Senate - 2014                                    SB 1162
       
       
        
       By Senator Detert
       
       
       
       
       
       28-01254-14                                           20141162__
    1                        A bill to be entitled                      
    2         An act relating to resident status for tuition
    3         purposes; amending s. 1009.21, F.S.; providing
    4         criteria for a dependent child of a deceased parent to
    5         qualify as a resident for tuition purposes; providing
    6         an effective date.
    7          
    8  Be It Enacted by the Legislature of the State of Florida:
    9  
   10         Section 1. Subsections (2) and (3) of section 1009.21,
   11  Florida Statutes, are amended to read:
   12         1009.21 Determination of resident status for tuition
   13  purposes.—Students shall be classified as residents or
   14  nonresidents for the purpose of assessing tuition in
   15  postsecondary educational programs offered by charter technical
   16  career centers or career centers operated by school districts,
   17  in Florida College System institutions, and in state
   18  universities.
   19         (2)(a) To qualify as a resident for tuition purposes:
   20         1. A person or, if that person is a dependent child, his or
   21  her parent or parents must have established legal residence in
   22  this state and must have maintained legal residence in this
   23  state for at least 12 consecutive months immediately before
   24  prior to his or her initial enrollment in an institution of
   25  higher education.
   26         2. Every applicant for admission to an institution of
   27  higher education shall be required to make a statement as to his
   28  or her length of residence in the state and, further, shall
   29  establish that his or her presence or, if the applicant is a
   30  dependent child, the presence of his or her parent or parents in
   31  the state currently is, and during the requisite 12-month
   32  qualifying period was, for the purpose of maintaining a bona
   33  fide domicile, rather than for the purpose of maintaining a mere
   34  temporary residence or abode incident to enrollment in an
   35  institution of higher education.
   36         (b) However, with respect to A dependent child living with
   37  an adult relative other than the child’s parent qualifies, such
   38  child may qualify as a resident for tuition purposes if:
   39         1. The adult relative is a legal resident who has
   40  maintained legal residence in this state for at least 12
   41  consecutive months immediately before prior to the child’s
   42  initial enrollment in an institution of higher education; and
   43         2., provided The child has resided continuously with such
   44  relative for the 5 years immediately before prior to the child’s
   45  initial enrollment in an institution of higher education, during
   46  which time the adult relative has exercised day-to-day care,
   47  supervision, and control of the child.
   48         (c) The legal residence of A dependent child whose parents
   49  are divorced, separated, or otherwise living apart qualifies as
   50  a resident for tuition purposes will be deemed to be this state
   51  if either parent is a legal resident of this state, regardless
   52  of which parent is entitled to claim, and does in fact claim,
   53  the minor as a dependent pursuant to federal individual income
   54  tax provisions.
   55         (d) A dependent child whose parent is deceased qualifies as
   56  a resident for tuition purposes if the parent was a legal
   57  resident of this state at the time of death and the child has
   58  lived in this state since the death of the parent. The child
   59  shall submit a copy of the deceased parent’s death certificate
   60  to the institution along with any other documentation required
   61  under subsection (3) to determine the deceased parent’s
   62  residency.
   63         (3)(a) An individual may shall not be classified as a
   64  resident for tuition purposes and, thus, may shall not be
   65  eligible to receive the in-state tuition rate until he or she
   66  has provided such evidence related to legal residence and its
   67  duration or, if that individual is a dependent child, evidence
   68  of his or her parent’s legal residence and its duration, as may
   69  be required by law and by officials of the institution of higher
   70  education from which he or she seeks the in-state tuition rate.
   71         (b) Except as otherwise provided in this section, evidence
   72  of legal residence and its duration must shall include clear and
   73  convincing documentation that residency in this state was for a
   74  minimum of 12 consecutive months before prior to a student’s
   75  initial enrollment in an institution of higher education.
   76         (c) Each institution of higher education shall
   77  affirmatively determine that an applicant who has been granted
   78  admission to that institution as a Florida resident meets the
   79  residency requirements of this section at the time of initial
   80  enrollment. The residency determination must be documented by
   81  the submission of written or electronic verification that
   82  includes two or more of the documents identified in this
   83  paragraph. A No single piece of evidence is not shall be
   84  conclusive.
   85         1. The documents must include at least one of the
   86  following:
   87         a. A Florida voter information voter’s registration card.
   88         b. A Florida driver driver’s license.
   89         c. A State of Florida identification card.
   90         d. A Florida vehicle registration.
   91         e. Proof of a permanent home in Florida which is occupied
   92  as a primary residence by the individual or by the individual’s
   93  parent if the individual is a dependent child.
   94         f. Proof of a homestead exemption in Florida.
   95         g. Transcripts from a Florida high school for multiple
   96  years if the Florida high school diploma or GED was earned
   97  within the last 12 months.
   98         h. Proof of permanent full-time employment in Florida for
   99  at least 30 hours per week for a 12-month period.
  100         2. The documents may include one or more of the following:
  101         a. A declaration of domicile in Florida.
  102         b. A Florida professional or occupational license.
  103         c. Florida incorporation.
  104         d. A document evidencing family ties in Florida.
  105         e. Proof of membership in a Florida-based charitable or
  106  professional organization.
  107         f. Any other documentation that supports the student’s
  108  request for resident status, including, but not limited to,
  109  utility bills and proof of 12 consecutive months of payments; a
  110  lease agreement and proof of 12 consecutive months of payments;
  111  or an official state, federal, or court document evidencing
  112  legal ties to this state Florida.
  113         Section 2. This act shall take effect July 1, 2014.