Florida Residency
All applicants for admission to the College are required to complete a residency declaration which is included as part of the application. If the applicant is a dependent, the declaration must be signed by a parent or legal guardian. State regulations require that a tuition fee be paid in addition to the matriculation fee by all non–residents of the State of Florida.
Eligibility for In-State Tuition
A Florida “resident for tuition purposes” is a person who has or, if that person is a dependent child, whose parent have established legal residence in this state and have maintained legal residence in this state for at least 12 consecutive months immediately prior to initial enrollment in an institution of higher education (s. 1009.21(2)(a)1., Florida Statutes).
- Residence in Florida must be a bona fide domicile rather than for the purpose of maintaining a residence incident to enrollment at an institution of higher education. (s. 1009.21(2)(a)2., Florida Statutes) Living in on campus housing cannot be used to qualify for Florida residency. On campus housing is temporary and directly connected to enrollment as a student.
- Pursuant to Rule 6A-10.044(1), F.A.C., Florida College System institutions are required to collect proof of United States citizenship or proof of lawful presence in the United States from students seeking to claim Florida residency for tuition purposes.
- A dependent child who is a United States citizen may not be denied classification as a resident for tuition purposes based solely upon the immigration status of his or her parent. (s. 1009.21(2)(d), Florida Statutes)
- The burden of providing clear and convincing documentation to justify a student’s residency classification for tuition purposes rests with the student or, if the student is a dependent, the student’s parent. Documentation is considered clear and convincing only if it is credible, precise, and sufficient to demonstrate the establishment of legal residency in Florida, pursuant to Rule 6A-10.044(3)(c).
The Florida law regarding residency for tuition purposes, allows U.S. citizens or lawfully present in the U.S., lawful permanent residents, and other eligible non-resident aliens to be classified as a Florida resident for tuition purposes if the applicant or the dependent applicant’s parent/legal guardian has been a legal resident of the State for at least twelve (12) consecutive months preceding the first day of classes for that term.
To qualify as a resident for tuition purposes, an applicant, or the dependent applicant’s parent/legal guardian, must have established and maintained legal residence in Florida for at least twelve (12) consecutive months prior to the first day of classes for that term. A copy of the student’s most recent tax return or other documentation may be requested to establish dependence/independence.
In addition, every applicant is required to make a statement as to his/her length of residence in the state and further establish that his/her presence or dependent’s parents/legal guardian’s presence in the state currently is, and during the requisite 12–month qualifying period was, for the purposes of maintaining a bona fide domicile, rather than a mere temporary residence or abode incidental to enrollment in the College.
Residency is determined in accordance with Florida Statutes, Section 1009.21, which is subject to change each legislative session. Further explanation about residency guidelines can be obtained from Florida Virtual Campus. Specific statute language can be obtained from the Florida Statutes website. Students must present two forms of approved documentation to prove Florida residency for tuition purposes, at the time of admission.
Exceptions
Florida Statutes, Section 1009.21 permits certain applicants who do not meet the 12–month legal residence requirements to be classified as Florida residents or “temporary residents” for tuition purposes. Documentation in support of the following exceptions is required at the time of admission. Please refer to the residency declaration for the list of exceptions.
Non-Citizen Exceptions
A non–United States 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 and the student is one of the following:
- A foreign national, in a nonimmigrant Visa classification eligible for study and with a date of departure that is not during the term the student will be enrolled. The student must present evidence of legal presence in the United States. A Student Visa will not be accepted as evidence of eligibility to establish residency.
- A foreign national, such as permanent resident aliens, parolees, asylees, Cuban–Haitian Entrants, and other legal aliens granted indefinite stay, in a status that is eligible for study in the United States.
Change in Residency Status
A student who applies to the College as a non–Florida resident and later becomes a Florida resident for tuition purposes must request a change in resident status prior to registering. Students must present two (2) forms of approved documentation to change their residency status prior to the beginning of the term they are requesting the change. Change in resident status is not retroactive.
Florida Residency Appeals
The Florida Residency Appeal Committee (hereafter known as the Committee) is responsible for reviewing a student’s petition and associated documentation to determine if a reclassification to Florida residency is warranted. This Committee meets on an as-needed basis when the Enrollment Management residency determination conflicts with the student’s determination. The Committee must decide if there is a college error that warrants a residency change.
The Residency Committee Petition must be:
- submitted by the end of the drop/add period of the term of the residency in dispute, and
- contain documented evidence that there is a college error in following State of Florida rules pertaining to Residency for Tuition Purposes, and
- requesting to review the residency decision, not the reclassification process nor associated deadlines.
For more information please contact Admissions, Enrollment Management or refer to procedure 75.18.