The Florida Senate
BILL ANALYSIS AND FISCAL IMPACT STATEMENT
(This document is based on the provisions contained in the legislation as of the latest date listed below.)
Prepared By: The Professional Staff of the Committee on Education Postsecondary
BILL: SB 62
INTRODUCER: Senator Osgood
SUBJECT: Resident Status for Tuition Purposes
DATE: February 5, 2024
ANALYST STAFF DIRECTOR REFERENCE ACTION
1. Jahnke Bouck HE Pre-meeting
2. AED
3. FP
I. Summary:
SB 62 provides that an individual who is currently incarcerated in a state or federal correctional
facility in this state or who has been released from such facility within the 12 months preceding
his or her residency determination can provide expired documentation to support his or her
request for resident status.
The bill provides that an individual may not lose his or her resident status for tuition purposes
due to incarceration in a state or federal correctional facility in this state.
Additionally, the bill allows a non-resident to earn residency for tuition purposes by being
incarcerated in Florida for a specified time.
The bill is effective July 1, 2024.
II. Present Situation:
Residency Status for Tuition Purposes
Students must be classified as residents or nonresidents for the purpose of assessing tuition in
postsecondary educational programs offered by charter technical career centers, career centers
operated by school districts, Florida College System (FCS) institutions, and state universities.
Students pay differing tuition rates based on their status as a resident or nonresident of Florida.
1
Specifically, to qualify as a resident for tuition purposes:
A person or, if that person is a dependent child, his or her parent or parents must have
established legal residence in Florida and must have maintained legal residence for at least 12
1
Section 1009.21. F.S.
REVISED: BILL: SB 62 Page 2
consecutive months immediately prior to his or her initial enrollment in an institution of
higher education.
Every applicant for admission to an institution of higher education must make a statement as
to his or her length of residence and establish that his or her presence or, if the applicant is a
dependent child, the presence of his or her parent or parents in Florida currently is, and
during the requisite 12-month qualifying period was, for the purpose of maintaining a bona
fide domicile.
2
A person must show certain proof that he or she should be classified as a resident for tuition
purposes and may not receive the in-state tuition rate until clear and convincing evidence related
to legal residence and its duration has been provided.
3
Each institution of higher education must
make a residency determination that is documented by the submission of written or electronic
verification that includes two or more specified documents that:
4
Must include at least one of the following (“Tier 1”):
o A Florida voter’s registration card.
o A Florida driver license.
o A State of Florida identification card.
o A Florida vehicle registration.
o Proof of a permanent home in Florida which is occupied as a primary residence by the
individual or by the individual’s parent if the individual is a dependent child.
o Proof of a homestead exemption in Florida.
o Transcripts from a Florida high school for multiple years if the Florida high school
diploma or high school equivalency diploma was earned within the last 12 months.
o Proof of permanent full-time employment in Florida for at least 30 hours per week for a
12-month period.
May include one or more of the following (“Tier 2”):
o A declaration of domicile in Florida.
o A Florida professional or occupational license.
o Florida incorporation.
o A document evidencing family ties in Florida.
o Proof of membership in a Florida-based charitable or professional organization.
o Any other documentation that supports the student’s request for resident status, including,
but not limited to, utility bills and proof of 12 consecutive months of payments; a lease
agreement and proof of 12 consecutive months of payments; or an official state, federal,
or court document evidencing legal ties to Florida.
Guidelines for Residency for Tuition Purposes
The Articulation Coordinating Committee (ACC) Statewide Residency Committee reviews
statutes and rules relating to residency for tuition purposes and drafts and revises statewide
residency guidelines that provide further clarification of statutes and rules.
5
The ACC statewide
residency guidelines provide that prison inmates are not precluded from establishing residency
2
Section 1009.21(2)(a), F.S.
3
Section 1009.21(3)(b), F.S.
4
Section 1009.21(3)(c), F.S.
5
Florida Department of Education, Articulation Coordinating Committee – Statewide Residency Committee, Purpose,
https://www.fldoe.org/policy/articulation/committees/articulation-coordinating-committee-st.stml (last visited Jan. 31, 2024). BILL: SB 62 Page 3
for tuition purposes in Florida. However, they may not establish residency for tuition purposes
by virtue of their incarceration in Florida and evidence must be provided for the 12-month period
prior to incarceration.
6
Each institution of higher education must make a residency determination and can establish
policies regarding incarcerated individuals. For example, Tallahassee Community College and
St. Petersburg College both require an incarcerated individual to provide documentation that he
or she lived in Florida for 12 months before incarceration and requires Tier 1 and Tier 2
documentation to prove his or her physical presence in Florida for 12 months before being
incarcerated. If the individual has been released for a year or longer, he or she must provide
documentation for the most recent 12 months.
7
Florida law does not specifically authorize or prohibit time incarcerated in a Florida prison to
count toward the 12-month legal residency requirements.
Tuition and Out-of-State Fees
Florida law defines “tuition” as the basic fee charged to a student for instruction provided by a
public postsecondary educational institution in the state.
8
A student who is classified as a
“resident for tuition purposes” qualifies for the in-state tuition rate.
9
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.
10
Residents for tuition purposes are charged in-state rates for tuition while non-residents pay out-
of-state fees in addition to tuition, unless these costs are exempted or waived.
11
The resident
undergraduate tuition rate for the State University System (SUS) is currently set in statute at
$105.07 per credit hour.
12
The SUS average cost of resident and nonresident tuition and fees per
credit hour is shown below:
13
State University System Tuition & Fees
Undergraduate
Baccalaureate
Standard Tuition
(Per Credit Hour)
Average Tuition &
Fees
(Per Credit Hour)
Standard Tuition
(Per 30 Credit
Hours)
Average Tuition &
Fees
(Per 30 Credit Hours)
Resident $105.07 $199.72 $3,152.10 $5,991.79
Non-Resident $105.07 $690.63 $3,152.10 $20,719.07
Difference - $490.91 - $14,727.28
6
Articulation Coordinating Committee, Guidelines on Florida Residency for Tuition Purposes, at A-1 (Oct. 28, 2015),
available at, https://www.fldoe.org/core/fileparse.php/7671/urlt/RTPMACC.pdf.
7
Tallahassee Community College, Residency FAQs, https://www.tcc.fl.edu/media/divisions/admissions-and-
recruiting/forms/Residency-FAQs.pdf and St. Petersburg College, Residency FAQs, https://www.spcollege.edu/future-
students/admissions/residency/residency-faqs (last visited Jan. 31, 2024).
8
Section. 1009.01(1), F.S. Additionally, the definition states that “[a] charge for any other purpose shall not be included
within this fee.”
9
Section. 1009.21(1)(g), F.S.
10
Section. 1009.01(2), F.S. Adding that “[a] charge for any other purpose shall not be included within this fee.”
11
Section. 1009.24(2), F.S.
12
Section. 1009.24(4)(a), F.S.
13
Florida Board of Governors, State University System of Florida, Tuition and Required Fees, 2023-2024, available at,
https://www.flbog.edu/wp-content/uploads/2023/07/2023-2024-SUS-Tuition-and-Fees-Report-PDF-1.pdf. BILL: SB 62 Page 4
Within the Florida College System (FCS), for college credit courses in advanced and
professional, postsecondary vocational, developmental education, and educator preparation
institute programs, the standard tuition is $71.98 per credit hour for residents and nonresidents,
and the out-of-state fee is $215.94 per credit hour.
14
Baccalaureate degree program tuition is
$91.79 per credit hour for students who are residents for tuition purposes. The sum of the tuition
and the out-of-state fee per credit hour for students who are nonresidents for tuition purposes can
be no more than 85 percent of the sum of the tuition and the out-of-state fee at the state
university nearest the FCS institution.
15
III. Effect of Proposed Changes:
SB 62 modifies s. 1009.21, F.S., by allowing an individual who is currently incarcerated in a
state or federal correctional facility in Florida or who has been released from such facility within
the 12 months preceding his or her residency determination to provide expired documentation to
support his or her request for resident status, if accompanied by evidence of incarceration in the
last 12 months.
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 because of
incarceration in a state or federal correctional facility in Florida.
Additionally, the bill allows a non-resident to earn residency for tuition purposes by 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 is effective July 1, 2024.
IV. Constitutional Issues:
A. Municipality/County Mandates Restrictions:
None.
B. Public Records/Open Meetings Issues:
None.
C. Trust Funds Restrictions:
None.
D. State Tax or Fee Increases:
None.
14
Section 1009.23(3)(a), F.S.
15
Section 1009.23(3)(b), F.S. BILL: SB 62 Page 5
E. Other Constitutional Issues:
None.
V. Fiscal Impact Statement:
A. Tax/Fee Issues:
None.
B. Private Sector Impact:
None.
C. Government Sector Impact:
None.
VI. Technical Deficiencies:
None.
VII. Related Issues:
None.
VIII. Statutes Affected:
This bill substantially amends section 1009.21 of the Florida Statutes.
IX. Additional Information:
A. Committee Substitute – Statement of Changes:
(Summarizing differences between the Committee Substitute and the prior version of the bill.)
None.
B. Amendments:
None.
This Senate Bill Analysis does not reflect the intent or official position of the bill’s introducer or the Florida Senate.