The purpose of the rule development is to define provisions associated with determining residency for tuition purposes.

State Board of Education

RULE NO.: RULE TITLE:

6A-10.014 Residency for Tuition Purposes

PURPOSE AND EFFECT: The purpose of the rule development is to define provisions 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, Director, Office of Articulation, Department of Education, 325 West Gaines Street, Suite 1401, Tallahassee, Florida 32399, [phone]

 

THE PRELIMINARY TEXT OF THE PROPOSED RULE IS:

6A-10.044 Residency for Tuition Purposes.

(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: 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.

 

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

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

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.

(c) A student who does not meet one of the criteria outlined in paragraph (7) (b) of this rule may be classified as an independent student only if he or she can provide 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.

(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 after July 1, 2006, 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 by presenting documentation of  establishment of a bona fide domicile in this state for twelve (12) consecutive months while not enrolled full-time at an institution of higher education. (9) (9) through (12) renumbered (10) through (13) No change

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