Section 1009.21, Florida Statutes, governing the determination of resident status for tuition purposes, was revised during the 2009 legislative session. The rule is recommended to be amended to be consistent with the revised statute.

DEPARTMENT OF EDUCATION
State Board of Education

RULE NO: RULE TITLE
6A-10.044: Residency for Tuition Purposes
PURPOSE AND EFFECT: Section 1009.21, Florida Statutes, governing the determination of resident status for tuition purposes, was revised during the 2009 legislative session. The rule is recommended to be amended to be consistent with the revised statute.
SUMMARY: The proposed rule is revised to align with new statutory provisions.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: None.
Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.
SPECIFIC AUTHORITY: 1009.21(12) FS.
LAW IMPLEMENTED: 1009.21 FS.
A HEARING WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW:
DATE AND TIME: March 16, 2010, 9:00 a.m.
PLACE: Tallahassee Community College, 444 Appleyard Drive, Building 38, Room 105, Tallahassee, Florida
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Julie Alexander, Division of Florida Colleges, Department of Education, 325 West Gaines Street, Room 1532G, Tallahassee, Florida 32399-0400, [phone] or e-mail: [e-mail]

THE FULL TEXT OF THE PROPOSED RULE 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 in accordance with criteria set forth in Section 1009.21, Florida Statutes. 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) 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 as evidenced by the student’s most recent tax return or other documentation, including, but not limited to, pay stubs or bank account statements. The classification of a student as a Florida resident for tuition purposes by an institution or entity governed by Section 1009.40, Florida Statutes, shall be recognized by other public postsecondary institutions to which the student may later seek admission, provided that student has attended the institution or entity making the classification within the last twelve (12) months and the residency is noted on the student’s transcript. Once a student has been classified by an institution or entity as a resident for tuition purposes, institutions to which the student may transfer are not required to re-evaluate the classification unless inconsistent information suggests that an erroneous classification was made or the student’s situation has changed.

(2) For Initial Determination of Residency:

(a) A person or, if that person is a dependent, his or her parent or parents must have established legal residence in Florida for at least twelve (12) consecutive months prior to his or her initial enrollment in an institution of higher education.

(b) A dependent student who attended a Florida high school for a minimum of two (2) academic years immediately preceding his or her initial enrollment in an institution of higher education and graduated from a Florida high school or earned a Florida GED within the last twelve (12) months may use their high school transcript or the GED transcript as evidence of Florida residency. At least one (1) additional document identified in Section 1009.21(3)(c)1. or 2., Florida Statutes, must be presented evidencing parental legal residence.

(c) If a declaration of domicile, pursuant to Section 222.17, Florida Statutes, is being used as one (1) of the documents to establish residency for tuition purposes, the date that an applicant shall be deemed as establishing residency for tuition purposes shall be twelve (12) months hence from the date that the Clerk of Circuit Court notes the declaration was sworn and subscribed to them.

(3) Residency Reclassification Determination. A student who is classified as a nonresident for tuition purposes may become eligible for reclassification as a resident for tuition purposes by presenting a minimum of three (3) documents identified in Section 1009.21(3)(c)1. or 2., Florida Statutes, that convincingly demonstrate the establishment of permanent legal residence in Florida other than for the sole purpose of pursuing a postsecondary education. Documentation must demonstrate that the student or, if the student is a dependent, his or her parent, has maintained legal residence in Florida for at least twelve (12) consecutive months prior to his or her request for reclassification.

(4) The burden of providing clear and convincing documentation that justifies the institution’s classification of a student as a resident for tuition purposes rests with the student or, if the student is a dependent, his or her parent. For documentation to be “clear and convincing,” it must be credible, trustworthy, and sufficient to persuade the institution that the student or, if that student is a dependent, his or her parent has established legal residency in Florida that is not solely for the purpose of pursuing an education and has relinquished residency in any other state for at least twelve (12) consecutive months prior to classification. Each institution of higher education may establish submission deadlines for all documentation that will be used to determine residency for tuition purposes.

(5)(2) Non-U.S. citizens who are currently classified such as permanent residents, parolees, asylees, refugees, or other permanent status persons (e.g., conditional permanent residents and temporary residents), must present valid and eligible documentation from the U.S. Citizenship and Immigration Services (USCIS) as indentified in subsections (6) and (7) of this rule. Non-U.S. citizens who have applied to and have been approved by the USCIS U.S. Bureau of Citizenship and Immigration Services with no date certain for departure shall be considered eligible to establish Florida residency for tuition purposes. Both student, and parent, if the student is a dependent, must have valid and eligible USCIS documentation. All non-U.S. citizen document categories must be valid and non-expired for the entire term in which a non-U.S. citizen is classified as a Florida resident.

(6)(3) Nonimmigrants holding one of the following visas shall be considered eligible to establish Florida residency for tuition purposes. Individuals with non-immigrant visas must provide evidence that: (1) he or she is in an eligible visa category (and parent, if a dependent); and (2) he or she has lived in Florida for the required twelve (12) month qualifying period (or parent, if a dependent). Visa categories must be valid and non-expired for the entire term in which a nonimmigrant is classified as a Florida resident. Persons in visa categories not listed herein shall be considered ineligible to establish Florida residency for tuition purposes.

(a) Visa category A – Foreign Government Oofficial, including members of their immediate family.

(b) Visa category E – Treaty Traders and Investors, including their spouse and children trader or investor.

(c) Visa category G – Foreign Government Officials to Representative of Iinternational Organizations, including members of their immediate family organization.

(d) Visa category H-1B – Temporary Workers worker (Specialty Occupations, Department of Defense Workers, Fashion Models, and Nurses in HPSA’s), including their spouse and children performing professional nursing services or in a specialty occupation.

(e) Visa category H-4 – Only if spouse or child of alien classified H-1.

(e)(f) Visa category I – Foreign information Mmedia Representatives, including their spouse and children representative.

(f)(g) Visa category K – Fiancé(e)s Fiancé, fiancee, or a child of United States citizen(s), including their children.

(g)(h) Visa category L – Intracompany Transferees, transferee (including their spouse and children or child).

(h)(i) Visa category N – Parent or child of alien accorded special immigrant status.

(i)(j) Visa category O-1 – Workers of “Eextraordinary” Abilities, including their spouse and children ability in the sciences, arts, education, business, or athletics.

(k) Visa category O-3 – Only if spouse or child of O-1 alien.

(j)(l) Visa category R – Religious workers, including their spouse and children.

(k)(m) Visa category NATO 1-7 – North Atlantic Treaty Organization Representatives and their immediate family Representatives and employees of NATO and their families.

(l) Visa category S – Alien witnesses and informants, including their spouse and children.

(m)(n) Visa category T – Victims of trafficking, who cooperate with federal authorities in prosecutions of traffickers, including and their spouses and children.

(n) Visa category U – Victims of Certain Crimes, including their spouse and children.

(o) Visa category V – Spouses and children of lawful permanent residents.

(7)(4) Non-U.S. citizens who fall within the following categories shall also be considered eligible to establish Florida residency for tuition purposes:

(a) Citizens of Micronesia.

(b) Citizens of the Marshall Islands.

(c) Beneficiaries of the Family Unity Program.

(d) Individuals granted Ttemporary Pprotected Sstatus (TPS).

(e) Individuals granted Wwithholding of Removal deportation status.

(f) Individuals granted Ssuspension of Ddeportation status or Ccancellation of Rremoval.

(g) Individuals granted a Sstay of Ddeportation status or Stay of Removal.

(h) Individuals granted Ddeferred Aaction Sstatus.

(i) Individuals granted Ddeferred Eenforced Ddeparture status.

(j) Applicants for Aadjustment of Sstatus.

(k) Asylum applicants with INS receipt or Immigration Court stamp.

(8) Institutions shall establish a residency appeal committee that is responsible for making final residency determinations for students who initiate an appeal according to the institution’s official appeal process. The official appeal process shall be written and prominently displayed on the institution’s web site.

(5) If a declaration of domicile, pursuant to Section 222.17, Florida Statutes, is being used as one of the documents to establish residency for tuition purposes, the date that an applicant shall be deemed as establishing residency for tuition purposes shall be twelve (12) months hence from the date that the Clerk of Circuit Court notes the declaration was sworn and subscribed to them. Nothing in this subsection shall prevent the use of additional documentation as evidence that legal residency was established by other means pursuant to Section 1009.21(1)(c), Florida Statutes, as of a date earlier than that established by the Declaration of Domicile.

(6) An applicant shall be classified at the time of initial classification as an “All Florida” resident for tuition purposes, and the institution to which the applicant is applying shall grant the applicant residency for tuition purposes, if all of the following criteria are met. If the applicant does not meet all of the criteria, he or she must be evaluated to determine residency status.

(a) Students requesting All Florida resident status as an independent person must meet all of the following criteria:

1. The student’s nation of citizenship is the United States;

2. The student is twenty-four (24) years of age or over;

3. The student’s permanent address is a Florida address;

4. The high school from which the student graduated is a Florida high school;

5. Every institution the student attended is located in the State of Florida; and

6. The student provides written or electronic verification that he or she has been issued two (2) of the following three (3) Florida documents that are dated more than twelve (12) months old: a voter’s registration, a driver’s license or a vehicle registration.

(b) Students requesting All Florida resident status as a dependent person must meet all of the following criteria:

1. The student is eligible to be claimed by his or her parent or legal guardian as a dependent under the federal income tax code;

2. The student’s nation of citizenship is the United States;

3. The student is under twenty-four (24) years of age;

4. The student’s mother, father or legal guardian is the person claiming Florida residence;

5. The student’s mother, father or legal guardian claiming Florida residence has a Florida permanent legal address; and

6. The student’s mother, father or legal guardian claiming Florida residence provides written or electronic verification that he or she has been issued two of the following three Florida documents that are dated more than twelve (12) months old: a voter’s registration, a driver’s license or a vehicle registration.

(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 guardian, has been a Florida resident for the preceding twelve (12) 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) 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. 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.

(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 guardian, must maintain legal residence in the state of Florida for at least twelve (12) 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) 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.

(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.

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

(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 undergraduate 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.

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

NAME OF PERSON ORIGINATING PROPOSED RULE: Dr. Willis Holcombe, Chancellor, Division of Florida Colleges, Department of Education
NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Dr. Eric J. Smith, Commissioner of Education
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: February 02, 2010
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: January 22, 2010