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16.24
FLORIDA RESIDENCY
Effective: May 11, 1998
PURPOSE
To state the required criteria for Florida Residency.
AUTHORITY/SOURCE
FAC 6A-10.044
FS 240.1201
POLICY
For the purpose of assessing registration and tuition fees, a student
shall be classified as a Florida or non-Florida Resident.
To qualify as a Florida
Resident, the student must:
- Be a U.S. Citizen, Resident
Alien, parolee, Cuban National, Vietnamese Refugee, or other legal
alien so designated by the U.S. Immigration and Naturalization Service.
- Have established a legal
residence in this State and have maintained that legal residence for
twelve consecutive months immediately prior to the start of the term
in which the student is seeking Florida Resident classification. The
student's residence in Florida must be as a bona fide domiciliary
rather than for the purpose of maintaining a temporary residence or
abode incident to enrollment in an institution of higher education,
and should be demonstrated as indicated below (for dependent students
as defined by IRS regulations, a parent or guardian must qualify).
- Submit the following
documentation (or in the case of a dependent student, the parent must
submit documentation) prior to the first day of classes for the term
for which residence status is sought as detailed in the procedure
below.
PROCEDURE
To be classified as a Florida resident, students must provide:
- a. Documentation establishing
legal residence in Florida (this document must be dated at least one
year prior to the first day of classes of the term for which residence
status is sought). The following documents will be considered in determining
legal residence : Declaration of Domicile, Proof of purchase of a
home in Florida which the student occupies as his or her residence.
Proof that the student has maintained residence in the state for the
preceding year (e.g., rent receipts, employment record).
Reclassification:
- b. Documentation establishing
bona fide domicile in Florida which is not temporary or merely incident
to enrollment in a Florida institution of higher education. The following
documents will be considered evidence of domicile even though no one
of these criteria, if taken alone, will be considered conclusive evidence
of domicile Five official documents are to be submitted for reclassification
purposes and are to be dated at least one year prior to the first
day of classes of the term for which Florida resident status is sought:
1. Declaration
of Domicile
2. Florida
Voter's registration
3. Florida
Driver's license
4. Proof
of real property ownership in Florida (e.g., deed, tax receipts).
5. Employment
records or other employment related documentation (e.g., W-2, paycheck
receipts),
other than for employment
normally provided on a temporary basis to students or other
temporary employment.
6. Proof
of membership in or affiliation with community or state organizations
or significant connections
to the State.
7. Proof
of continuous presence in Florida during the period when not enrolled
as a student.
8. Proof
of former domicile in Florida and maintenance of significant connections
while absent.
9. Proof
of reliance upon Florida sources of support.
10.
Proof of domicile in Florida of family.
11.
Proof of admission to a licensed practicing profession in Florida.
12.
Proof of acceptance of permanent employment in Florida.
13.
Proof of graduation from high school located in Florida.
14.
Any other factors peculiar to the individual which tend to establish
the necessary intent to make
Florida a permanent home
and that the individual is a bona fide Florida resident, including the
age
and general circumstances
of the individual.
- c. No contrary evidence
establishing residence elsewhere.
- d. Documentation of
dependent/independent status (IRS return or affidavit)
A student can also qualify
for Florida residency by one or more of the following criteria :
1. Become a legal resident
and be married to a person who has been a legal resident for the required
twelve month period, or,
2. Be a member of the Armed
Forces on active duty stationed in Florida, or a spouse or dependent,
or,
3. Be a member of the full-time
instructional or administrative employee of a state public school, state
community college or state university in Florida,
a spouse or dependent, or,
4. Be a dependent and have
lived with an adult relative who has established legal residence in
Florida, or,
5. Be a former student
at a public institution of higher education who was properly classified
as a resident
who reestablishes domiciliary status and re-enrolls
within a period of twelve months, or,
6. Make a
statement as to the length of residence in Florida and qualification
under the above criteria.
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