The rule outlines specific provisions and definitions associated with determining residency for tuition purposes.

 

DEPARTMENT OF EDUCATION
State Board of Education

RULE NO: RULE TITLE
6A-10.044: Residency for Tuition Purposes

PURPOSE AND EFFECT: The rule outlines specific provisions and definitions associated with determining residency for tuition purposes.

SUBJECT AREA TO BE ADDRESSED: The proposed revisions are intended to clarify the process of reclassification based on legislative direction from the 2005 Legislative Session. In addition, definitions are provided for the determination of independent and dependent status based on federal guidelines. The proposed changes mirror the Free Application for Federal Student Aid (FAFSA) requirements to align how an independent student is defined by both the Offices of Financial Aid and Admissions/Registration.

SPECIFIC AUTHORITY: 1009.21(11) FS.

LAW IMPLEMENTED: 1009.21 FS.

IF REQUESTED IN WRITING AND NOT DEEMED UNNECESSARY BY THE AGENCY HEAD, A RULE DEVELOPMENT WORKSHOP WILL BE NOTICED IN THE NEXT AVAILABLE FLORIDA ADMINISTRATIVE WEEKLY.

Requests for the rule development workshop should be addressed to: Lynn Abbott, Agency Clerk, Department of Education, 325 West Gaines Street, Room 1514, Tallahassee, Florida 32399-0400.

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE DEVELOPMENT IS: Dr. Heather Sherry, Department of Education, 325 West Gaines Street, Tallahassee, Florida 32399-0400, [phone]

 

THE PRELIMINARY TEXT OF THE PROPOSED RULE DEVELOPMENT IS:

6A-10.044 Residency for Tuition Purposes.

The purpose of this rule is to establish consistent policies for the classification of students as residents for tuition purposes. The determinations of classification or reclassification shall be consistent to assure that students are classified the same regardless of the institution determining the classification.

(1) through (6) No change.

(7) An applicant, who at the time of initial classification is not classified as an All Florida resident for tuition purposes, shall be further assessed by the institution to which the applicant is applying. The student shall provide clear and convincing evidence that establishes that he or she, or if a dependent, the student’s mother, father, or legal guardian, has been a Florida resident for the preceding twelve (12) consecutive months. No single piece of documentation shall be conclusive.

(a) The documentation may include, but is not limited to, the following: driver’s license, voter registration card, vehicle registration, declaration of domicile, proof of purchase of a permanent home, transcripts from a Florida school for multiple years, proof of permanent full-time employment, a Professional or Occupational License, Florida incorporation, documents evidencing family ties, proof of membership in organizations, and any other documentation that supports the student’s request for resident status.

(b) A student who meets any one of the following criteria shall be classified as an independent student for the determination of residency for tuition purposes:

1. The student is 24 years of age or older by the first day of classes of the term for which residency status is sought at a Florida institution;

2. The student is married;

3. The student has children who receive more than half of their support from the student;

4. The student has other dependents who live with and receive more than half of their support from the student;

5. The student is a veteran of the United States Armed Forces or is currently serving on active duty in the United States Armed Forces for purposes other than training;

6. Both of the student’s parents are deceased or the student is or was (until age 18) a ward/dependent of the court;

7. The student is working on a master’s or doctoral degree during the term for which residency status is sought at a Florida institution; or

8. The student is classified as an independent by the financial aid office at the institution.

(c)(b) A student who does not meet one of the criteria outlined in paragraph (7)(b) may be classified as an independent student only if he or she submits documentation that he or she provides fifty (50) percent or more of the cost of attendance as defined by the financial aid office at the institution. All other students shall be classified as dependent students for the determination of residency for tuition purposes. A dependent person will be one for whom fifty (50) percent or more of his or her support has been provided by another as defined by the Internal Revenue Service. An independent person will be one who provides more than fifty (50) percent of his or her own support.

(d) Dependent or independent status will be based on a copy of a student’s or his or her parents’ most recent tax return or other documentation.

(c) An independent or dependent student who is enrolled full-time in an institution and is seeking to be re-classified as a resident for tuition purposes, must provide such documentation which substantiates that he or she, or if a dependent, the student’s mother, father, or guardian, is establishing Florida as his or her permanent domicile and not as a mere temporary residence incident to the enrollment in higher education.

(8) A student, or if a dependent his or her father, mother or legal guardian, must maintain legal residence in the state of Florida for at least twelve (12) consecutive months immediately prior to the first day of classes of the term for which residency status is sought at a Florida institution. Institutions may establish submission deadlines for all documentation that will be used to determine residency for tuition purposes. The burden of providing the documentation, which justifies the classification of a student as a resident for tuition purposes, rests with the applicant.

(9) An individual who is initially classified as a nonresident for tuition purposes may become eligible for reclassification as a resident for tuition purposes only if that individual, or his or her parent if that individual is a dependent child, supports permanent residency in this state for 12 consecutive months. The individual, or his or her parent if that individual is a dependent child, must present documentation that substantiates residency in this state for the purpose of maintaining a bona fide domicile, rather than for the purpose of maintaining a mere temporary residence or abode incident to enrollment in an institution of higher education.

(10)(9) Notwithstanding the foregoing, institutions shall classify persons as residents for tuition purposes in accordance with the criteria set forth in Section 1009.21, Florida Statutes.

(11)(10) For purposes of determining residency for tuition purposes, any reference to federal or state government shall be construed as meaning U.S. federal or Florida state government.

(12)(11) In determining the domicile of a married person, the determination of a legally married person shall be consistent with Chapter 741, Florida Statutes.

(13)(12) Definitions.

(a) The term “institution,” as used in this rule when adopted by the Board of Governors shall mean state universities, and when adopted by the State Board of Education shall mean community colleges, with the understanding that both Boards shall coordinate and cooperate as a K-20 system.

(b) Community colleges shall mean those set forth in Section 1000.21(3), Florida Statutes.

(c) State universities shall mean those set forth in Section 1000.21(6), Florida Statutes.

(d) The term “full-time” shall mean enrollment in twelve (12) or more credits per term for under-graduate students and nine (9) or more credits per term for graduate students. Institutions may provide exceptions for students such as, dissertation students, co-op students, or students with disabilities.

Specific Authority 1009.21(11) FS. Law Implemented 1009.21(11) FS. History–New 10-6-92, Amended 10-17-00, 3-22-05,________.