Florida Residency for Tuition Purposes Policy

The Florida Residency for Tuition Purposes Policy is based upon state statute, rules of the two higher education governing boards in Florida, and statewide guidelines developed by college and university administrators in conjunction with the Statewide Residency Committee and the Florida Department of Education. Section 1009.21, Florida Statutes, outlines the broad legal parameters for establishing residency for tuition purposes in Florida public higher education institutions. It is the highest level of authority regarding residency as established by the Florida Legislature. This statute also provides authority for the Department of Education to establish rules related to residency for tuition purposes.

At Florida State University there are four offices responsible for the review of residency for tuition purposes: the Office of Admissions, College of Law, College of Medicine Admissions, and the Office of the University Registrar. The first three offices determine residency for all first-time-on-campus students; the Office of Admissions is the only office to which students can apply for reclassification of residency once they are enrolled. First-time-on-campus or readmitted students will be classified in accordance with the information on their applications, including the "Florida Residency Declaration for Tuition Purposes". The University reserves the right to request additional information if warranted. Students who are denied the classification of Florida resident for tuition purposes have the right of appeal. The appeal must be based upon new information that was not made available during the initial review. All appeals must be in writing to the Residency Appeal Committee, care of the Office of Admissions. They should be made as soon as possible after receipt of the initial decision and no later than the end of the term for which Florida residency for tuition purposes is desired. All appeals will be reviewed by the Residency Appeal Committee and Committee decisions are final.

For the full text of Florida Statute, Section 1009.21:
https://www.flsenate.gov/Laws/Statutes/2014/1009.21

For the full text of State Board of Education Rule 6A-10.044:
https://www.flrules.org/gateway/RuleNo.asp?ID=6A-10.044

For the full text of State Board of Education Rule 6A-20.003:
https://www.flrules.org/gateway/RuleNo.asp?ID=6A-20.003

For the full text of Board of Governors Residency Regulation 7.005:
https://www.flbog.edu/wp-content/uploads/7_005ResidencyforTuitionPurposesSept2015-2.pdf

Residency Guidelines

A Residency Guidelines document was adopted by the Articulation Coordinating Committee to assist college and university administrators in implementing the Florida Residency for Tuition Purposes Policy. The guidelines are maintained by the Statewide Residency Committee which is comprised of residency experts from the state's public colleges and universities.

For the full text of the Guidelines on Florida Residency for Tuition Purposes:
Guidelines on Florida Residency for Tuition Purposes

Basic Definition of Residency for Tuition Purposes

A Florida resident is a student who has, or a dependent person whose parent or legal guardian has, established and maintained legal residency in Florida for at least twelve months preceding the first day of classes of the term for which residency is sought. Residence in Florida must be as a bona fide domicile rather than for the purpose of maintaining a residence incident to enrollment at an institution of higher education. To qualify as a Florida resident for tuition purposes, the student must be a U.S. citizen, permanent resident alien, or in legal status as determined by U.S. Citizenship and Immigration Services (USCIS). Please note: Under Florida law it is possible for U.S. Citizens with undocumented parents/guardians, lawful Permanent Residents, and certain non-U.S. Citizens to be classified as Florida residents for tuition paying purposes. In addition, undocumented and Deferred Action for Childhood Arrivals (DACA) students who graduate from a Florida high school may qualify for a waiver of out of state tuition fees.

Other persons not meeting the twelve-month legal residency requirement may be considered as Florida residents for tuition purposes only if they fall within one of the exception categories authorized by the Florida Legislature and State Board of Education. All other persons are ineligible for classification as a Florida resident for tuition purposes.

Living in or attending school in Florida will not, in itself, establish legal residence for tuition purposes. Each student shall submit a Florida Residency Declaration for Tuition Purposes form, electronically or in another format, and the documentation required to establish Florida residency for tuition purposes. 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 student. For documentation to be "clear and convincing", it must be credible, trustworthy, and sufficient to persuade the University that the applicant has established legal residence in Florida. Students who depend on out-of-state parents for support are presumed to be legal residents of the same state as their parents.

Exception Categories

Section 1009.21, Florida Statutes, permits certain applicants who do not meet residency requirements to be classified as Florida residents for tuition purposes. Please note: Documentation in support of the following exceptions will be required. These exceptions and qualifications categories are as follows:

• Persons who were enrolled as Florida residents for tuition purposes at a Florida public institution of higher education, but who abandon Florida residency and then re-enroll in Florida within 12 months of the abandonment - provided that he/she continuously maintains the re-established domicile during the period of enrollment. (This benefit only applies one time.)
• Active duty members of the Armed Services of the United States residing or stationed in Florida (and spouse/dependent children); active drilling members of the Florida National Guard; or military personnel not stationed in Florida whose home of record or state of legal residence certificate, DD Form 2058, is Florida (and spouse/dependent children).
• Active duty members of the Armed Services of the United States and their spouses/dependent children attending a public community college or university within 50 miles of the military establishment where they are stationed, if such military establishment is within a county contiguous to Florida.
• United States citizens living on the Isthmus of Panama, who have completed 12 consecutive months of college work at the Florida State University Panama Canal Branch, and their spouses and dependent children.
• Full time instructional and administrative personnel employed by the State public schools and institutions of higher education (and spouse/dependent children).
• Students from Latin America and the Caribbean who receive scholarships from the federal or state government. The student must attend, on a full-time basis, a Florida institution of higher education.
• Southern Regional Education Board's Academic Common Market graduate students attending Florida's state universities.
• Full-time employees of state agencies or political subdivisions of the state when the student fees are paid by the state agency or political subdivision for the purpose of job-related law enforcement or corrections training.
• McKnight Doctoral Fellows and Finalists who are United States citizens.
• United States citizens living outside the United States who are teaching at a Department of Defense Dependent School or in an American International School and who enroll in a graduate level education program which leads to a Florida teaching certificate.
• Active duty members of the Canadian military residing or stationed in this state under the North American Air Defense (NORAD) agreement, and their spouses and dependent children, attending a public community college or university within 50 miles of the military establishment where they are stationed.
• Active duty members of a foreign nation's military who are serving as liaison officers and are residing or stationed in this state, and their spouses and dependent children, attending a community college or state university within 50 miles of the military establishment where the foreign liaison officer is stationed.
• Qualified beneficiaries under the Florida Pre-Paid Postsecondary Expense Program per s. 1009.97. (Pre-Paid ID Card Required.)
• Linkage Institute participants receiving partial or full exemptions from S. 1009.21, FS, based on criteria approved by the Florida Department of Education per S. 288.8175, FS, which establishes linkage institutes between postsecondary institutions in this state and foreign countries.

Information for non-U.S. Citizens

A non-U.S. citizen may be eligible to establish residency for tuition purposes if evidence is presented verifying that he or she is legally present in the United States, has met the residency requirements of Section 1009.21, F.S., and the person is one of the following:

1. Permanent Resident - A person who has been granted permanent resident status in the U.S. and has (or is waiting for) a Permanent Resident Card (identified as either Form I-151 or Form I-551). Is eligible to establish Florida residency for tuition purposes.
2. Non-Immigrant - 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) may establish Florida residency for tuition purposes. The following visa categories grant the person the legal ability to establish and maintain a bona fide domicile in the United States according to USCIS: A, E, G, H-1B, H-1C (classification expires December 20, 2011), I, K, L, N, NATO 1-7, O-1, R, S, T, U, and V.
3. Parolee, asylee, Cuban-Haitian entrant, or other legal alien - A person who has been granted indefinite stay in the United States may establish Florida residency for tuition purposes.
4. U.S. Citizens who are dependent upon undocumented parents - A dependent child may not be denied classification as a Florida resident for tuition purposes based solely upon the immigration status of his or her parent.
5. Undocumented/Deferred Action for Childhood Arrivals (DACA) Florida High School Graduates - A waiver of out of state tuition is possible for undocumented and DACA students who graduate from a Florida high school. Eligibility for the waiver is determined based upon evidence of attendance at a Florida secondary school for three consecutive years immediately prior to graduation and application for admission to an institution of higher education within 24 months of high school graduation. The Office of Admissions actively works to provide waivers to known DACA students and those foreign nationals who do not indicate their legal status on the application for admission, so you are encouraged to contact them after your admission to determine your eligibility for the waiver.