The following information is summarized from the Florida Statutes and from policies
approved by the State Board of Education and the Florida Poly Board of Trustees in establishing residency criteria.
Qualification
To qualify as a Florida resident for tuition purposes:
- The student must be a U.S. citizen, permanent resident alien, parolee, Cuban national,
Vietnamese refugee, or other refugee or asylee so designated by the U.S. Immigration
and Naturalization Service;
- 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).
- 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 12-20-2011), I, K, L, N, NATO 1-7, O-1, R, S, T, U, and
V.
- The following visa categories do not grant the person the legal ability to establish
and maintain a bona fide domicile in the United States according to USCIS: B, C, D,
F, M, P, Q, and TN. J visa holders are not eligible to establish residency for tuition
purposes except as provided in Section 1009.21(10), F.S.
- A permanent resident alien, parolee, asylee, Cuban-Haitian entrant, or other legal
alien granted an indefinite stay in the United States.
- A dependent student who attended a Florida high school for a minimum of two academic
years immediately preceding his or her initial enrollment in an institution of higher
education and graduated from a Florida high school or earned a Florida GED within
the last 12 months may use the high school transcript or GED certificate as evidence
of Florida residency. At least one (1) additional document identified in Section 1009.21(3)(c)1.
or 1009.21(3)(c)2., F.S., must be presented evidencing his or her parent’s legal residency
in Florida.
- Have established a legal residence in this state and maintained that legal residence
for 12 months preceding the first day of classes of the term in which Florida residency
classification is sought. The student’s residence in Florida must be as a bona fide
domiciliary rather than for the purpose of enrollment in an institution of higher
education, and should be demonstrated as indicated below. Per IRS regulations, a parent
or guardian must qualify for dependent students;
- If a declaration of domicile, pursuant to Section 222.17, F.S., is being used as one
of the documents to establish residency for tuition purposes, the date that an applicant
shall be deemed as establishing residency for tuition purposes shall be twelve (12)
months hence from the date that the Clerk of Circuit Court notes the declaration was
sworn and subscribed to the Clerk. Nothing in this subsection shall prevent the use
of additional documentation as evidence that legal residency was established by other
means pursuant to Section 1009.21(3)(c), F.S., as of a date earlier than that established
by the declaration of domicile.
Documentation
The following documentation must be submitted prior to the last day of the drop/add
period for the term in which resident status is sought, along with a residence affidavit
with the Office of Admissions:
- Documentation establishing bona fide domicile in Florida, which is not temporary or merely incidental to enrollment in a Florida
institution of higher education. The following documents will be considered evidence
of domicile, even though not one of these criteria, if taken alone, will be considered
as conclusive evidence of domicile:
- Declaration of Domicile
- Florida voter registration
- Florida vehicle registration
- Florida driver’s license
- Proof of real estate ownership in Florida (i.e. deed, tax receipts)
- A letter on company letterhead from an employer verifying permanent employment in
Florida for 12 consecutive months before the term in which resident status is sought.
- Proof of membership in or affiliation with community or state organizations or significant
connections to the state.
- Proof of former domicile in Florida and maintenance of significant connections while
absent.
- Proof of reliance upon Florida sources of support.
- Proof of admissions to a licensed practicing profession in Florida.
- 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.
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 in which resident status is sought). The following documents
will be considered in determining legal residence:
- Declaration of Domicile
- Proof of purchase of a home in Florida in which a student resides (permanent primary
Florida home).
- Proof that the student has maintained residence in the state for the preceding year.
- No contrary evidence establishing residence elsewhere.
Documentation of dependent/independent status (notarized copy of most recent IRS tax return). Federal Income tax returns filed
by resident(s) of a state other than Florida disqualify the student for in-state tuition,
unless:
- The student’s parents are divorced, separated or otherwise living apart, and either
parent is a legal resident of Florida; or,
- The student becomes a legal resident and is married to a person who has been a legal
resident for the required 12 month period; or,
- The student is a member of the Armed Forces on active duty stationed in Florida, or
a spouse or dependent; or,
- The student is a member of the full-time instructional or administrative staff of
a state public school, community college or university in Florida, or a spouse or
dependent; or,
- The student is a dependent and has lived five years with an adult relative who has
established legal residence in Florida.
- Note: Rent receipts, leases, and employment records are not The following are NOT considered
evidence of a legal Florida residence.
Additional documentation may be requested in order to determine residency status.
If Florida residency status for the purpose of tuition is denied, the student may
file an appeal in the Office of Admissions.
Residency Reclassification
All requests for change in residency for tuition purposes with supporting hard copy
documentation should be submitted to the Office of the Registrar along with the completed
and signed Residency Reclassification form. Forms and supporting documentation must be received by the residency reclassification
deadline noted in the Academic Calendar for the term reclassification is sought.
A student who is classified as a non-resident for tuition purposes may become eligible
for reclassification as a resident for tuition purposes by presenting a minimum of
three (3) documents identified in Section 1009.21(3)(c)1. or 1009.21(3)(c)2., F.S.,
that convincingly demonstrate the establishment of permanent legal residence in Florida
other than for the sole purpose of pursuing a postsecondary education.
Documentation must demonstrate that the student or, if the student is a dependent,
his or her parent has maintained legal residence in Florida for at least twelve (12)
consecutive months immediately prior to the first day of classes for the term for
which residency reclassification is sought except as otherwise provided in Section
1009.21(6), F.S.
Reclassification is not automatic; requests will be reviewed and approved if documentation
meets the requirements. If the reclassification request is denied, the student may
file and appeal to the Office of the Registrar.
