2006-2007- Volume 81, No. 1

Classification as a Florida resident for tuition purposes shall be based upon Section 1009.21, Florida Statutes and Rule 6A-10.044, Florida Administrative Code adopted by the Articulation Coordinating Committee May 19, 2000. The law allows U.S. Citizens and Lawful Permanent residents to be classified as a Florida Resident for tuition purposes if the applicant or the dependent applicant’s parent/legal guardian has been a legal resident of the state for at least 12 months preceding the first day of classes of the term for which Florida residency is sought.

For the purpose of determining residency status, “term” is defined as the beginning of a regular and/or express session for which residency is sought.

1. The College shall follow Residency Guidelines for Florida Residency Guidelines for Tuition Purposes adopted by Articulation Coordinating Committee, May 19, 2000 and any amendment that may be made thereto.

1. Students shall be classified as residents or nonresidents for the purpose of assessing tuition fees and other charges at the College.

   1. Dependent child is any person, whether or not living with a parent, who is eligible to be claimed by her or his parent as dependent under the Federal Income Tax Code.

   2. Legal resident or resident is a person who has maintained residence in this state for the preceding year, has purchased a home which is occupied by her/him as her/his residence, or has established a domicile in this state pursuant to Florida Statute 222.17.

2. Qualifications as a Resident for Tuition Purposes
   1. A person or, if that person is a dependent child, her/his parent or parents must have established legal residence in this state and must have maintained legal residence in this state for at least 12 months immediately prior to her/his qualification.
   2. Every applicant for admission to an institution of higher learning shall be required to make a statement as to length of residence in the state and, further, shall establish that her/his presence or, if she/he is a dependent child, the presence of her/his parent or parents in the state currently is, and during the requisite 12-month qualifying period was, for the purpose of maintaining a bona fide domicile, rather than for the purpose of maintaining a mere temporary residence or abode incident to enrollment in an institution of higher learning.

2. Every applicant for admission to the College must complete the Application for Admission form and must show evidence of having lived in Florida for at least 12 consecutive months before the first day of classes for the term for which Florida residency is sought.

3. Reclassification:
   An applicant who at the time of initial classification is not classified as an All Florida resident for tuition purposes shall be further assessed by the institution to which the applicant is applying. The student shall provide clear and convincing evidence that establishes that he or she, or if a dependent the student’s mother, father, or guardian, has been a Florida resident for the preceding 12 months. No single piece of documentation shall be conclusive.

Evidence That May Be Required To Establish Residency

The following hard copy documentation may be requested, considered and/or subsequently recorded as evidence of establishing a residence for tuition purposes in Florida. The College will take care that denial of residency is not based on one single circumstance. NO SINGLE DOCUMENT SHALL BE CONCLUSIVE IN ESTABLISHING OR DENYING RESIDENCY. (The following list of documentation/evidence is not all-inclusive.)

1. Proof of purchase of permanent primary Florida home.
2. Professional/Occupational license in Florida.
3. Full-time, non-temporary employment in Florida.
   (e.g. W-2 forms, letter from employer)
4. Purchase of Florida real property.
5. Part-time permanent employment in Florida.
6. Proof of membership in Florida organizations.
7. Proof of acceptance of permanent employment in Florida.
8. Documents evidencing family ties in Florida.
9. Florida incorporation.
10. Florida voter's registration.
11. Declaration of Domicile in Florida.
12. Florida Vehicle Registration.
13. Florida Driver's License.
14. Absence of evidence of establishing a legal residence elsewhere.
15. Transcripts from Florida schools for multiple years.
16. Proof of Homestead Exemption.

At least one of the above hard copy documents must be dated 12 months before the first day of class for the term in which residency is sought.

Rent receipts, leases or college records are NOT in and of themselves evidence of establishing a Florida residence for tuition purposes, but are evidence of physical presence.

Additional Information

Florida law allows non-U.S. citizens such as lawful permanent residents, temporary permanent residents, parolees, asylees, and refugees who have applied for and been approved such status and who otherwise meet the 12 month legal residence requirements, to be eligible to establish Florida residence for tuition purposes. Provided that the non-U.S. citizen has proof of his or her permanent immigration status, he or she may be classified as a Florida resident 12 months from the time he or she establishes legal Florida residence for tuition purposes (e.g., 12 months from the time he or she purchases a Florida home, obtains a Florida driver’s license, etc.). It is not necessary to wait 12 months from the date he or she becomes an eligible alien (e.g., the date of the resident alien card (I-551) is issued).

Nonimmigrants holding one of the following visas shall be considered eligible to establish Florida residency for tuition pur¬poses. Persons in nonimmigrant visa categories not listed herein shall be considered ineligible to establish Florida residency for tuition purposes. Eligible Visas for residency: A, E, G, H-1, H-4, I, K, L, N, O-1, O-3, R, NATO1-7 and non-U.S. citizens who fall within the following categories shall also be con¬sidered eligible to establish Florida residency for tuition purposes.

1. Citizens of Micronesia and/or the Marshall Islands.
2. Beneficiaries of the Family Unit Program.
3. Individuals granted - temporary protected status; with-holding of deportation status; suspension of deportation status or cancellation of removal; a stay of deportation status; deferred action status; deferred enforced departure status.
4. Applicants for adjustment of status.
5. Asylum applicants with the Bureau of Citizenship & Immigration Service (BCIS) receipt or Immigration Court stamp.

It is important to note that living or attending school in Florida is not tantamount to establishing a legal residence for tuition purpose. Maintaining a legal residence in Florida requires substantial physical presence as a condition.

For the purposes of determining residency for tuition purposes, continuous enrollment shall be defined as enrollment in at least two terms each 12-month period beginning with the student’s first enrollment in a community college or university.

Students who are attending SPC under a non-immigrant VISA status, F1-Student VISA or B2-Visitor VISA are not eligible for changes to their residency status except in certain circumstances. (Contact the campus International Student Office for details.)

Florida law provides that any person making a false statement to a public official shall be guilty of a misdemeanor and subject to a penalty of up to 60 days in prison and a fine of up to $500. St. Petersburg College reserves the right to withhold credit earned by an applicant who is found to have made false and fraudulent statements concerning legal resident status.

The foregoing information is not intended to answer all questions regarding residency. For additional information regarding whether a student meets the Florida residency requirements, contact the Admissions/Registration Office on your home campus/site/center.

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Last revised Jun 21 2006
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