Florida Senate - 2017 SB 1732 By Senator Rodriguez 37-01193A-17 20171732__ 1 A bill to be entitled 2 An act relating to postsecondary education tuition and 3 fees; amending s. 1009.21, F.S.; providing that 4 certain individuals may not be denied classification 5 as residents for tuition purposes if certain criteria 6 are met; amending s. 1009.26, F.S.; providing that 7 out-of-state fees for certain individuals who are 8 undocumented for federal immigration purposes shall be 9 waived if certain criteria are met; providing for a 10 uniform out-of-state fee waiver form; providing an 11 effective date. 12 13 Be It Enacted by the Legislature of the State of Florida: 14 15 Section 1. Paragraph (e) is added to subsection (2) of 16 section 1009.21, Florida Statutes, to read: 17 1009.21 Determination of resident status for tuition 18 purposes.—Students shall be classified as residents or 19 nonresidents for the purpose of assessing tuition in 20 postsecondary educational programs offered by charter technical 21 career centers or career centers operated by school districts, 22 in Florida College System institutions, and in state 23 universities. 24 (2) 25 (e) An individual may not be denied classification as a 26 resident for tuition purposes based solely upon his or her 27 immigration status if he or she: 28 1. Is a beneficiary under the federal Family Unity Program; 29 2. Has been granted temporary protected status by the 30 United States Department of Homeland Security; 31 3. Has been granted a stay of deportation or removal status 32 by the United States Department of Homeland Security or by an 33 administrative or federal court; 34 4. Has been granted deferred enforced departure status by 35 the United States Department of Homeland Security; or 36 5. Has been granted deferred action for childhood arrivals 37 status or another form of prosecutorial discretion by the United 38 States Department of Homeland Security. 39 Section 2. Paragraphs (b) through (d) of subsection (12) of 40 section 1009.26, Florida Statutes, are redesignated as 41 paragraphs (c) through (e), respectively, and a new paragraph 42 (b) and paragraph (f) are added to that subsection to read: 43 1009.26 Fee waivers.— 44 (12) 45 (b) A state university shall waive out-of-state fees for 46 students, including, but not limited to, students who are 47 undocumented for federal immigration purposes, who meet the 48 following requirements: 49 1. Attended and graduated from a postsecondary institution 50 in this state; 51 2. Apply for enrollment in or are currently enrolled in a 52 graduate or professional program at an institution of higher 53 education in this state; 54 3. Submit an official postsecondary transcript as evidence 55 of attendance and graduation; and 56 4. File with the institution of higher education an 57 affidavit stating that the student will file an application to 58 become a permanent resident of the United States at the earliest 59 opportunity he or she is eligible to do so. 60 (f) The Board of Governors and the State Board of Education 61 shall create a uniform out-of-state fee waiver form. 62 Section 3. This act shall take effect July 1, 2017.