Classification of Students-Florida or Non-Florida (Section 6A-10.044, Florida
The deadline for applying for a change in residency status, including receipt
of all documentation, is each term's fee payment deadline.
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.
(a)Visa category A - Government official.
(b)Visa category E - Treaty trader or investor.
(c)Visa category G - Representative of international organization.
(d)Visa category H-1 - Temporary worker performing professional nursing services
or in a specialty occupation.
(e)Visa category H-4 - Only if spouse or child of alien classified H-1.
(f)Visa category I - Foreign information media representative.
(g)Visa category K - Fiancé, fiancée, or a child of United States
(h)Visa category L - Intracompany transferee (including spouse or child).
(i)Visa category N - Parent or child of alien accorded special immigrant status.
(j)Visa category O-1 - Workers of "extraordinary" ability in the sciences,
arts, education, business, or athletics.
(k)Visa category O-3 - Only if spouse or child of O-1 alien.
(l)Visa category R - Religious workers.
(m)Visa category NATO-1-7 - Representatives and employees of NATO and their families.
(5) 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 temporary protected status.
(e)Individuals granted withholding of deportation status.
(f)Individuals granted suspension of deportation status or cancellation of removal.
(g)Individuals granted a stay of deportation status.
(h)Individuals granted deferred action status.
(i)Individuals granted deferred enforced departure status.
(j)Applicants for adjustment of status.
(k)Asylum applicants with INS receipt or Immigration Court stamp.
Specific 229.053(1) 240.325 FS., Law Implemented 240.1201 FS. History-New 10-6-92,
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:
(a)"Student" shall mean a person admitted to the institution, or a person
allowed to register at the institution on a space available basis.
(b)"Domicile" shall denote a person's true, fixed, and permanent home,
and to which whenever the person is absent the person has the intention of returning.
(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
(7) Any student granted status as a "resident for tuition purposes,"
which status is based on a sworn statement that 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,