Residency

Classification of Students— Florida or Non-Florida

(Section 6A–10.044, Florida Administrative Code)

The State Board of Community Colleges and the Board of Education shall maintain consistent policies and practices for the classification of students as residents for tuition purposes to facilitate the transfer of students among institutions. The policies and practices may vary to accommodate differences in governance, but the determination of classification shall be consistent to assure students of being classified the same regardless of the institution determining the classification.

(1) The classification of a student as a Florida resident for tuition purposes by a public Florida community college or university shall be recognized by other public postsecondary institutions to which the student may later seek admission, unless the classification was erroneous or the student did not then qualify as a resident for tuition purposes.

(2) Once a student has been classified by a public institution, 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.

(3) Changes the State Board of Community Colleges and the Board of Education intend to make in the policies and practices for the classification of students as residents for tuition purposes shall be filed with the Articulation Coordinating Committee.

(4) Non-U.S. citizens such as permanent residents, parolees, asylees, refugees, or other permanent status persons (e.g., conditional permanent residents and temporary residents), who have applied to and have been approved by the U.S. Immigration and Naturalization Service with no date certain for departure shall be considered eligible to establish Florida residency for tuition purposes. In addition, nonimmigrants holding one of the following visas shall be considered eligible to establish Florida residency for tuition purposes. Persons in visa categories not listed herin shall be considered ineligible to establish Florida residency for tuition purposes.

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

Specific 229.053(1) 240.325 FS., Law Implemented 240.1201 FS. History-New 10-6-92, Amended 10-17-2000.

Student Residency, Section 6C-7.005 Florida Administrative Code

(1) For the purpose of assessing tuition, residency and nonresidency status shall be determined as provided in Section 240.1201, Florida Statutes, and the Florida State University System Residency Policy and Procedure Manual [Revised Effective October 17, 2000], incorporated by reference herein.

(2) An individual shall not be classified as a resident for tuition purposes and, thus, shall not be eligible to receive the resident tuition rate, until the individual has provided satisfactory evidence as to his or her legal residence and domicile to appropriate university officials. In determining residency, the university shall require evidence such as a voter registration, driver’s license, automobile registration, or any other relevant materials as evidence that the applicant has maintained 12 months residence immediately prior to qualification as 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 learning. To determine if the student is a dependent child, the university shall require evidence such as copies of the aforementioned documents. In addition, the university may require a notarized copy of the parent’s IRS return. "Resident student" for tuition purposes classification shall also be construed to include students to whom an Immigration Parolee card or a Form I-94 (Parole Edition) was issued at least one year prior to the first day of classes for which resident student status is sought, or who have had their resident alien status approved by the United States Immigration and Naturalization Service, or who hold an Immigration and Naturalization Form I-151, I-551 or a notice of an approved adjustment of status application, or Cuban Nationals or Vietnamese Refugees or other refugees or asylees so designated by the United States Immigration and Naturalization Service who are considered as Resident Aliens, or other legal aliens, provided such students meet the residency requirements stated above and comply with subsection (4) below. The burden of establishing facts which justify classification of a student as a resident and domiciliary entitled to "resident for tuition purposes" registration rates is on the applicant for such classification.

(3) In applying this policy:

(4) In all applications for admission or registration at the institution on a space available basis a "resident for tuition purposes" applicant, or, if a dependent child, the parent of the applicant, shall make and file with such application a written statement, under oath, that the applicant is a bona fide resident and domiciliary of the State of Florida. All claims to "resident for tuition purposes" classification must be supported by evidence as stated in Rule 6C-7.005(1),(2) if requested by the registering authority.

(5) A "nonresident" or, if a dependent child, the individual’s parent, after maintaining a legal residence and being a bona fide domiciliary of Florida for twelve (12) months, immediately prior to enrollment and qualification as a resident, rather than for the purpose of maintaining a mere temporary residence or abode incident to enrollment in an institution of higher education, may apply for and be granted classification as a "resident for tuition purposes"; provided, however, that those students who are nonresident aliens or who are in the United States on a non-immigration visa will not be entitled to reclassification. An application for reclassification as a "resident for tuition purposes" shall comply with provisions of subsection (4) above. An applicant who has been classified as a "nonresident for tuition purposes" at time of original enrollment shall furnish evidence as stated in Rule 6C-7.005(1) to the satisfaction of the registering authority that the applicant has maintained residency in the state for the twelve months immediately prior to qualification required to establish residence for tuition purposes. In the absence of such evidence, the applicant shall not be reclassified as a "resident for tuition purposes." It is recommended that the application for reclassification be accompanied by a certified copy of a declaration of intent to establish legal domicile in the state, which intent must have been filed with the Clerk of the Circuit Court, as provided by Section 222.17, Florida Statutes. If the request for reclassification and the necessary documentation is not received by the registrar prior to the last day of registration for the term in which the student intends to be reclassified, the student will not be reclassified for that term.

(6) Appeal from a determination denying "resident for tuition purposes" status to applicant therefore may be initiated after appropriate administrative remedies are exhausted by the filing of a petition for review pursuant to Section 120.68 F.S.

(7) Any student granted status as a "resident for tuition purposes," which status is based on a sworn statement which is false shall, upon determination of such falsity, be subject to such disciplinary sanctions as may be imposed by the president of the university.

Specific 240.209(1), (3)(r) FS. Law Implemented 120.53(1)(a), 240.209(1), (3)(e), 240.233, 240.235, 240.1201 FS. History-Formerly 6C-2.51, 11-18-70, Amended 8-20-71, 6-5-73, 3-4-74, Amended and Renumbered 12-17-74, Amended 1-13-76, 12-13-77, 8-11-81, 6-21-83, 12-13-83, 6-10-84, 10-7-85, 12-31-85, Formerly 6C-7.05, Amended 11-9-92, 4-16-96.