HB 767 2024
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hb0767-00
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
A bill to be entitled 1
An act relating to resident status for tuition 2
purposes; amending s. 1009.21, F.S.; providing that an 3
individual who has been incarcerated or released from 4
incarceration within a specified 12 -month period may 5
use expired documentation to establish residency for 6
tuition purposes; providing that a person may not lose 7
his or her resident status for tuition purposes due to 8
incarceration; providing that the legal residence of 9
an individual before incarceration is prima facie 10
evidence of the individual's legal residence; 11
providing an effective date. 12
13
Be It Enacted by the Legislature of the State of Florida: 14
15
Section 1. Present subsections (4) through (13 ) of section 16
1009.21, Florida Statutes, are redesignated as subsections (6) 17
through (15), respectively, new subsections (4) and (5) are 18
added to that section, and paragraph (c) of subsection (3) of 19
that section is amended, to read: 20
1009.21 Determination of resident status for tuition 21
purposes.—Students shall be classified as residents or 22
nonresidents for the purpose of assessing tuition in 23
postsecondary educational programs offered by charter technical 24
career centers or career centers operated by school d istricts, 25
HB 767 2024
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hb0767-00
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
in Florida College System institutions, and in state 26
universities. 27
(3) 28
(c) Each institution of higher education shall 29
affirmatively determine that an applicant who has been granted 30
admission to that institution as a Florida resident meets the 31
residency requirements of this section at the time of initial 32
enrollment. The residency determination must be documented by 33
the submission of written or electronic verification that 34
includes two or more of the documents identified in this 35
paragraph. No single piece of evidence shall be conclusive. 36
1. The documents must include at least one of the 37
following: 38
a. A Florida voter's registration card. 39
b. A Florida driver license. 40
c. A State of Florida identification card. 41
d. A Florida vehicle registrat ion. 42
e. Proof of a permanent home in Florida which is occupied 43
as a primary residence by the individual or by the individual's 44
parent if the individual is a dependent child. 45
f. Proof of a homestead exemption in Florida. 46
g. Transcripts from a Florida high school for multiple 47
years if the Florida high school diploma or high school 48
equivalency diploma was earned within the last 12 months. 49
h. Proof of permanent full -time employment in Florida for 50
HB 767 2024
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
at least 30 hours per week for a 12 -month period. 51
2. The documents may include one or more of the following: 52
a. A declaration of domicile in Florida. 53
b. A Florida professional or occupational license. 54
c. Florida incorporation. 55
d. A document evidencing family ties in Florida. 56
e. Proof of membership in a Florida-based charitable or 57
professional organization. 58
f. Any other documentation that supports the student's 59
request for resident status, including, but not limited to, 60
utility bills and proof of 12 consecutive months of payments; a 61
lease agreement and proof of 12 consecutive months of payments; 62
or an official state, federal, or court document evidencing 63
legal ties to Florida. 64
3. With respect to an individual who is currently 65
incarcerated in a state or federal correctional facility in this 66
state or who has been released from such facility within the 12 67
months preceding the individual's residency determination, 68
documentation that is provided to support the individual's 69
request for resident status may be expired if he or she also 70
provides evidence of such incarceration within the last 12 71
months in this state. 72
(4) An individual may not lose his or her resident status 73
for tuition purposes solely by reason of incarceration in a 74
state or federal correctional facility in this state. 75
HB 767 2024
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
(5) The legal resid ence of an individual before his or her 76
incarceration in a state or federal correctional facility in 77
this state is prima facie evidence of the individual's legal 78
residence, which evidence may be reinforced or rebutted by the 79
other evidence of legal residen ce required of or presented by 80
the individual pursuant to this section. With respect to an 81
individual who did not have legal residence in this state before 82
his or her incarceration in a state or federal correctional 83
facility in this state, legal residence may be established if 84
all of the following conditions are met: 85
(a) The individual was sentenced to a period of 86
incarceration of at least 3 years. 87
(b) The individual has served at least 18 months of the 88
sentence before his or her initial enrollment in a n institution 89
of higher education. 90
(c) The individual provides documentation evidencing ties 91
to Florida. 92
Section 2. This act shall take effect July 1, 2024. 93