FL
Florida House Bill H0767

Florida 2024 Regular Session

Florida House Bill H0767 Compare Versions

OldNewDifferences
11
22
3-CS/HB 767 2024
3+HB 767 2024
44
55
66
77 CODING: Words stricken are deletions; words underlined are additions.
8-hb0767-01-c1
9-Page 1 of 2
8+hb0767-00
9+Page 1 of 4
1010 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
1111
1212
1313
1414 A bill to be entitled 1
1515 An act relating to resident status for tuition 2
1616 purposes; amending s. 1009.21, F.S.; providing that an 3
17-individual may not lose his or her resident status for 4
18-tuition purposes due solely to his or her 5
19-incarceration in specified correctional facilities; 6
20-providing an effective date. 7
21- 8
22-Be It Enacted by the Legislature of the State of Florida: 9
23- 10
24- Section 1. Subsections (4) through (13) of section 11
25-1009.21, Florida Statutes, are renumbered as subsections (5) 12
26-through (14), respectively, and a new subsection (4) is added to 13
27-that section to read: 14
28- 1009.21 Determination of resident status for tuition 15
29-purposes.—Students shall be classified as residents or 16
30-nonresidents for the purpose of assessing tuition in 17
31-postsecondary educational programs offered by charter technical 18
32-career centers or career centers operated by school districts, 19
33-in Florida College System institutions, and in state 20
34-universities. 21
35- (4) An individual m ay not lose his or her resident status 22
36-for tuition purposes solely by reason of his or her 23
37-incarceration in a state or federal correctional facility in 24
38-this state. 25
17+individual who has been incarcerated or released from 4
18+incarceration within a specified 12 -month period may 5
19+use expired documentation to establish residency for 6
20+tuition purposes; providing that a person may not lose 7
21+his or her resident status for tuition purposes due to 8
22+incarceration; providing that the legal residence of 9
23+an individual before incarceration is prima facie 10
24+evidence of the individual's legal residence; 11
25+providing an effective date. 12
26+ 13
27+Be It Enacted by the Legislature of the State of Florida: 14
28+ 15
29+ Section 1. Present subsections (4) through (13 ) of section 16
30+1009.21, Florida Statutes, are redesignated as subsections (6) 17
31+through (15), respectively, new subsections (4) and (5) are 18
32+added to that section, and paragraph (c) of subsection (3) of 19
33+that section is amended, to read: 20
34+ 1009.21 Determination of resident status for tuition 21
35+purposes.—Students shall be classified as residents or 22
36+nonresidents for the purpose of assessing tuition in 23
37+postsecondary educational programs offered by charter technical 24
38+career centers or career centers operated by school d istricts, 25
3939
40-CS/HB 767 2024
40+HB 767 2024
4141
4242
4343
4444 CODING: Words stricken are deletions; words underlined are additions.
45-hb0767-01-c1
46-Page 2 of 2
45+hb0767-00
46+Page 2 of 4
4747 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
4848
4949
5050
51- Section 2. This act shall take effect July 1, 2024. 26
51+in Florida College System institutions, and in state 26
52+universities. 27
53+ (3) 28
54+ (c) Each institution of higher education shall 29
55+affirmatively determine that an applicant who has been granted 30
56+admission to that institution as a Florida resident meets the 31
57+residency requirements of this section at the time of initial 32
58+enrollment. The residency determination must be documented by 33
59+the submission of written or electronic verification that 34
60+includes two or more of the documents identified in this 35
61+paragraph. No single piece of evidence shall be conclusive. 36
62+ 1. The documents must include at least one of the 37
63+following: 38
64+ a. A Florida voter's registration card. 39
65+ b. A Florida driver license. 40
66+ c. A State of Florida identification card. 41
67+ d. A Florida vehicle registrat ion. 42
68+ e. Proof of a permanent home in Florida which is occupied 43
69+as a primary residence by the individual or by the individual's 44
70+parent if the individual is a dependent child. 45
71+ f. Proof of a homestead exemption in Florida. 46
72+ g. Transcripts from a Florida high school for multiple 47
73+years if the Florida high school diploma or high school 48
74+equivalency diploma was earned within the last 12 months. 49
75+ h. Proof of permanent full -time employment in Florida for 50
76+
77+HB 767 2024
78+
79+
80+
81+CODING: Words stricken are deletions; words underlined are additions.
82+hb0767-00
83+Page 3 of 4
84+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
85+
86+
87+
88+at least 30 hours per week for a 12 -month period. 51
89+ 2. The documents may include one or more of the following: 52
90+ a. A declaration of domicile in Florida. 53
91+ b. A Florida professional or occupational license. 54
92+ c. Florida incorporation. 55
93+ d. A document evidencing family ties in Florida. 56
94+ e. Proof of membership in a Florida-based charitable or 57
95+professional organization. 58
96+ f. Any other documentation that supports the student's 59
97+request for resident status, including, but not limited to, 60
98+utility bills and proof of 12 consecutive months of payments; a 61
99+lease agreement and proof of 12 consecutive months of payments; 62
100+or an official state, federal, or court document evidencing 63
101+legal ties to Florida. 64
102+ 3. With respect to an individual who is currently 65
103+incarcerated in a state or federal correctional facility in this 66
104+state or who has been released from such facility within the 12 67
105+months preceding the individual's residency determination, 68
106+documentation that is provided to support the individual's 69
107+request for resident status may be expired if he or she also 70
108+provides evidence of such incarceration within the last 12 71
109+months in this state. 72
110+ (4) An individual may not lose his or her resident status 73
111+for tuition purposes solely by reason of incarceration in a 74
112+state or federal correctional facility in this state. 75
113+
114+HB 767 2024
115+
116+
117+
118+CODING: Words stricken are deletions; words underlined are additions.
119+hb0767-00
120+Page 4 of 4
121+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
122+
123+
124+
125+ (5) The legal resid ence of an individual before his or her 76
126+incarceration in a state or federal correctional facility in 77
127+this state is prima facie evidence of the individual's legal 78
128+residence, which evidence may be reinforced or rebutted by the 79
129+other evidence of legal residen ce required of or presented by 80
130+the individual pursuant to this section. With respect to an 81
131+individual who did not have legal residence in this state before 82
132+his or her incarceration in a state or federal correctional 83
133+facility in this state, legal residence may be established if 84
134+all of the following conditions are met: 85
135+ (a) The individual was sentenced to a period of 86
136+incarceration of at least 3 years. 87
137+ (b) The individual has served at least 18 months of the 88
138+sentence before his or her initial enrollment in a n institution 89
139+of higher education. 90
140+ (c) The individual provides documentation evidencing ties 91
141+to Florida. 92
142+ Section 2. This act shall take effect July 1, 2024. 93