The amended rule conforms to applicable federal law relating to the eligibility or ineligibility of immigrants and non-immigrants for in-state tuition, incorporates the Residency Declaration by reference, conforms with current law pertaining to ...

 

BOARD OF GOVERNORS

RULE NO.:RULE TITLE:

72-1.001Residency for Tuition Purposes

PURPOSE AND EFFECT: The amended rule conforms to applicable federal law relating to the eligibility or ineligibility of immigrants and non-immigrants for in-state tuition, incorporates the Residency Declaration by reference, conforms with current law pertaining to United States born dependents, and makes technical changes to remove gender-specific terms.

SUMMARY: The amended rule revises immigrant and non-immigrant categories to conform to applicable federal law relating to the eligibility or ineligibility of such persons for in-state tuition, incorporates by reference the Residency Declaration form, conforms with current law pertaining to United States born dependents, and makes technical changes to remove gender-specific terms.

SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS AND LEGISLATIVE RATIFICATION: The Agency has determined that this will not have an adverse impact on small business or likely increase directly or indirectly regulatory costs in excess of $200,000 in the aggregate within one year after the implementation of the rule. A SERC has not been prepared by the Agency.

The Agency has determined that the proposed rule is not expected to require legislative ratification based on the statement of estimated regulatory costs or if no SERC is required, the information expressly relied upon and described herein: The proposed amendments have no adverse impact on the economic growth of the State, no adverse impact on business competitiveness, and does not result in any increased regulatory costs.

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.

RULEMAKING AUTHORITY: 1009.21(13), FS.

LAW IMPLEMENTED: 1009.21, FS.

A HEARING WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW:

DATE AND TIME: July 15, 2015, 1:00 p.m.

PLACE: Board of Governors, 325 W. Gaines Street, Room 1605, Tallahassee, FL 32399-0400

Pursuant to the provisions of the Americans with Disabilities Act, any person requiring special accommodations to participate in this workshop/meeting is asked to advise the agency at least 5 days before the workshop/meeting by contacting: Iris A. Elijah, State University System of Florida Board of Governors, 325 West Gaines Street, Suite 1614, Tallahassee, Florida 32399-0400, [phone] or e-mail: [e-mail].. If you are hearing or speech impaired, please contact the agency using the Florida Relay Service, 1(800)955-8771 (TDD) or 1(800)955-8770 (Voice).

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Iris A. Elijah, State University System of Florida Board of Governors, 325 West Gaines Street, Suite 1614, Tallahassee, Florida 32399-0400, [phone] or e-mail: [e-mail].

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

72-1.001 Residency for Tuition Purposes.

(1) The purpose of this regulation is to establish consistent policies for the classification of students as residents for tuition purposes in accordance with the criteria set forth in Ssection 1009.21, F.S Florida Statutes.

(2) For Initial Determination of Residency: Each student shall submit a Florida Residency Declaration, electronically or in other form, and the documentation required by the institution to establish Florida residency for tuition purposes. Verification of whether the student is a dependent child as defined in Section 1009.21(1)(a), shall be satisfied if the parent declares on the Florida Residency Declaration that the student is eligible to be claimed as a dependent by the parent under the federal income tax code. The Florida Residency Declaration is incorporated by reference and made a part of this regulation. The Residency Declaration is available at www.flbog.edu and the effective date is August 28, 2014.

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

(b) If a declaration of domicile, pursuant to Ssection 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 the Clerk.  Nothing in this subsection shall prevent the use of additional documentation as evidence that legal residency was established by other means pursuant to Ssection 1009.21(3)(c), F.S., as of a date earlier than that established by the declaration of domicile.

(3) For 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 Ssections 1009.21(3)(c)1. or 1009.21(3)(c)2., F.S., 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 their parent has maintained legal residence in Florida for at least twelve (12) consecutive months immediately prior to the first day of classes for the term for which residency reclassification is sought except as otherwise provided in Ssection 1009.21(6), F.S.

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

(5) A non-United States citizen may be eligible to establish residency for tuition purposes if evidence is presented verifying that the student he or she has legal status in the United States, has met the residency requirements of Ssection 1009.21, F.S., and the person is one of the following:

(a) A foreign national in a nonimmigrant visa classification that grants the person the legal ability to establish and maintain a bona fide domicile in the United States according to the United States Citizenship and Immigration Services (USCIS).

1. The following visa categories grant the person the legal ability to establish and maintain a bona fide domicile in the United States according to the USCIS: A, E, G, H-1B, H-1C, (classification expires 12-20-2011), I, K, L, N, NATO 1-7, O-1, R, S, T, U, and V.

2. The following visa categories do not grant the person the legal ability to establish and maintain a bona fide domicile in the United States according to USCUS: B, C, D, F, H–2, H-3, M, P, Q, and TN. J visa holders are not eligible to establish residency for tuition purposes except as provided in Ssection 1009.21(10), F.S.   

3. The student, and the parent if the student is a dependent, must present evidence of legal presence in the United States.

(b) A permanent resident alien, parolee, asylee, Cuban-Haitian entrant, or other legal alien granted an indefinite stay in the United States. The student, and parent is the student is a dependent, must present evidence of legal presence in the United States.

(c) Pursuant to section 1009.21(2)(d), a dependent student who is a U.S. citizen may not be denied classification as a resident for tuition purposes based solely upon the immigration status of the student’s parent.

(6) Each university’s residency appeal process established pursuant to Ssection 1009.21(12), F.S., shall be in writing and displayed prominently on the university’s Wweb site.

Rulemaking Authority: 1009.21(13), F.S., Law Implemented: 1009.21, F.S., History—Formerly 6C-2.51, 11-18-70, 8-20-71, 6-5-73, 3-4-74, 12,17,74, 1-13-76, 12-13-77, 8-11-81, 6-21-83, 12-14-83, 6-10-84, 10-7-85, 12-31-85, Formerly 6C-7.05, 11-9-92, 4-16-96, Amended and Renumbered 4-21-05. Amended 03-24-11, Amended ______.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Vikki Shirley, General Counsel, Board of Governors

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Board of Governors of the State University System of Florida

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: June 18, 2015

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: May 14, 2015