This docum ent does not reflect the intent or official position of the bill sponsor or House of Representatives.
STORAGE NAME: h0767.PEW
DATE: 1/26/2024
HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #: CS/HB 767 Resident Status for Tuition Purposes
SPONSOR(S): Postsecondary Education & Workforce Subcommittee, Edmonds and others
TIED BILLS: None. IDEN./SIM. BILLS: SB 62
REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY CHIEF
1) Postsecondary Education & Workforce
Subcommittee
15 Y, 1 N, As CS Kiner Kiner
SUMMARY ANALYSIS
The bill provides that an individual who has met the requirements to be classified as a resident for tuition
purposes may not lose his or her resident status for tuition purposes solely by reason of incarceration in a state
or federal correctional facility in this state.
The bill’s fiscal impact is indeterminate.
The bill is effective July 1, 2024.
STORAGE NAME: h0767.PEW PAGE: 2
DATE: 1/26/2024
FULL ANALYSIS
I. SUBSTANTIVE ANALYSIS
A. EFFECT OF PROPOSED CHANGES:
Current Situation
Tuition and Out-of-State Fees
Under Florida law, ‘tuition’ is defined as the basic fee charged to a student for instruction provided by a
public postsecondary educational institution in the state.
1
A student who is classified as a ‘resident for
tuition purposes’ is a student who qualifies for the in-state tuition rate.
2
The resident undergraduate
tuition rate for the SUS is currently set in statute at $105.07 per credit hour.
3
For baccalaureate degree
programs offered at a Florida College System institution, the statutory resident tuition rate is $91.79 per
credit hour.
4
An ‘out-of-state fee’ is the additional fee for instruction provided by a public postsecondary education
institution in the state, and is charged to a student who does not qualify for the in-state tuition rate.
5
Across the State University System, for the 2023-24 academic year, the average out-of-state tuition and
out-of-state fees was $570.01, per credit hour. Across the Florida College System, for the 2022-23
academic year, the weighted average of out-of-state fees for lower level credit programs is $240.24, per
credit hour. Residents for tuition purposes are charged the statutory rates for tuition while non-
residents pay out-of-state fees in addition to tuition, unless these costs are exempted or waived.
Establishing Residency Status for Tuition Purposes
With respect to tuition and fees at public postsecondary institutions, a legal Florida resident is someone
who has maintained his or her residence in the state for the preceding year, has purchased a home
which is occupied by him or her as his or her residence, or has established a domicile in this state.
6
To
be clear, such residency must be bona fide and not for the sole purpose of enrollment at the institution.
If the person is a dependent child, his or her parent (or guardian) must meet this requirement.
Currently, residency must be documented by at least one of the following: voter registration card; driver
license/identification card; vehicle registration; proof of homestead exemption or permanent residence;
high school transcript (multiple years; diploma earned w/in last 12 months); or proof of permanent
employment (30+ hours/week for 12+ months). Additionally, one of the following must also be
evidenced: declaration of domicile; professional or occupational license; business incorporation;
documentation of family ties; membership in Florida-based charitable or professional organization; any
other supporting documentation supporting residency (utility bills, etc.).
Effect of Proposed Changes
The bill provides that an individual who has met the requirements to be classified as a resident for
tuition purposes may not lose his or her resident status for tuition purposes solely by reason of
incarceration in a state or federal correctional facility in this state.
B. SECTION DIRECTORY:
Section 1: Provides that a person may not lose his or her resident status for tuition purposes due to
incarceration.
1
s. 1009.01(1), F.S.
2
s. 1009.21(1)(g), F.S.
3
s. 1009.24(4)(a), F.S.
4
s. 1009.23(3)(b), F.S.
5
s. 1009.01(2), F.S.
6
s. 1009.21(1)(d), F.S. STORAGE NAME: h0767.PEW PAGE: 3
DATE: 1/26/2024
Section 2: Provides an effective date.
II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT
A. FISCAL IMPACT ON STATE GOVERNMENT:
1. Revenues:
See fiscal comments.
2. Expenditures:
See fiscal comments.
B. FISCAL IMPACT ON LOCAL GOVERNMENTS:
1. Revenues:
See fiscal comments.
2. Expenditures:
See fiscal comments.
C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:
See fiscal comments.
D. FISCAL COMMENTS:
The bill’s fiscal impact is indeterminate.
III. COMMENTS
A. CONSTITUTIONAL ISSUES:
1. Applicability of Municipality/County Mandates Provision:
N/A.
2. Other:
None.
B. RULE-MAKING AUTHORITY:
None.
C. DRAFTING ISSUES OR OTHER COMMENTS:
None.
IV. AMENDMENTS/COMMITTEE SUBSTITUTE CHANGES
On January 25, 2024, the Postsecondary Education & Workforce Subcommittee considered a
Proposed Committee Substitute (PCS) and subsequently reported the PCS favorably as a committee
substitute. The PCS differed from the original bill in the following ways:
Removed a provision allowing an individual who is currently incarcerated or who has been released
within the 12 months preceding their residency determination to provide expired documentation to
support their request for resident status; and STORAGE NAME: h0767.PEW PAGE: 4
DATE: 1/26/2024
Removed a provision allowing a non-resident to earn residency for tuition purposes by virtue of
being incarcerated in Florida for at least 18 months of a sentence of three years or longer and by
evidencing ties to Florida.
The bill analysis is drafted to the committee substitute adopted by the Postsecondary Education &
Workforce Subcommittee.