Bona Fide Domicile – A
person’s true, fixed and permanent state
of residence; the place a person intends to remain
and return to. A student seeking residency classification
must demonstrate that the claimant has established
bona fide domicile in Florida rather than maintaining
a temporary residence incident to enrollment
at the university.
Claimant –
The person demonstrating evidence of establishing
and maintaining a permanent legal residence
in Florida for a minimum of 12 months. The
claimant can be the student or the individual
on whom the student is basing his/her residency.
In the latter case, the claimant can be the
student’s parent, legal guardian or spouse.
Declaration of Domicile – An
affidavit filed with the Clerk of Court’s
office in the Florida county of residence that
indicates the signatory is establishing a permanent,
fixed residence in Florida and has relinquished
legal ties with the previous state of residence.
The filing date is evaluated in lieu of an issue
date when this document is submitted as a legal
tie to substantiate Florida residency.
Dependent Student – Someone
who relies on a parent or other individual to
provide a minimum of 51% of their support. Whether
the student lives with the parent or not, they
are considered dependent if the parent is eligible
to claim the student for federal income tax purposes.
Dependent students are considered legal residents
of the same state as their parents. It is also
assumed that students under the age of 25 who
are enrolled fulltime are dependent unless they
can clearly demonstrate otherwise.
Independent Student – A
student is considered independent if one of the
following conditions is satisfied:
• The student is 25 years old, or
• The student is married or has a dependent
child, or
• The student is considered emancipated
by virtue of the fact they are self supporting.
Students who claim to be self-supporting must
clearly demonstrate that they provide a minimum
of 51% of their own support. They must also convincingly
document the following:
• Parents, relatives or friends make no
provisions for their support, and
• Parents no longer claim them as a dependent
for income tax purposes, and
• Parents are no longer eligible to claim
them as a dependent for income tax purposes. Note: Receipt of monetary
gifts, personal loans or financial support
in the form of room, board or other expenses
from the student’s
parents, other relatives, significant other or
friends demonstrates that the student lacks independence
and is financially dependent upon others. In
such cases, the student is not considered
independent.
Legal Guardian –
A legal guardian is appointed by the Florida
courts. If the claimant is the court-appointed
legal guardian, the student must submit a copy
of the court decree naming the claimant as
their guardian. A person other than a parent
who claims the student as a dependent for income
tax purposes is not considered
the student’s legal guardian.
Legal
Ties to the State of Florida – At
least one such document must be dated/issued
at least 12 months prior to the first day of
the semester for which Florida residency is
sought. No single document shall be conclusive.
The student or claimant must also demonstrate
an absence of legal ties to another state.
Continued legal ties to another state contradict
claims of an established domicile in Florida.
Legal ties to Florida can be demonstrated with
•
Florida driver's license
• Florida vehicle registration
• Florida vehicle title
•
Florida voter's registration
• Declaration of domicile
• Proof of purchase of a permanent home
in Florida
• Florida occupational/professional license
• Florida incorporation or other evidence
of legal residence
Physical Presence – A
student’s physical presence in Florida
for the requisite 12 months and maintenance of
a place of residence is critical to support the
claim of bona fide residence. For reclassification,
physical presence is substantiated through continuous
enrollment for the three terms prior to the term
for which reclassification is sought. For periods
of nonenrollment, a student must document physical
presence in Florida with proof of purchase of
a permanent home, a lease, rent receipts and
utility bills.
