Residency for Tuition Purposes (Procedure 3.0110)

Authority:	F.S. 1009.21; FAC 6A-10.044
Date Adopted:	02/17
Date of Review:	------
Date of Revision:	------
Related Policy:	3.040

Purpose

The purpose of this procedure is to describe the process of Residency for Tuition Purposes at Seminole State College, Initial Classification/Determination of Florida Residency, Reclassification of Florida Residency, and Residency Appeal, including provisions in accordance with state requirements.    

Definition

"Initial Enrollment" means the first day of class at an institution of higher education [FS 1009.21 (1)(b)]

Procedure

1.  General Guidelines
   1. All applicants for admission to Seminole State College are required to establish a residency status prior to the start of the first session of enrollment. Failure to submit the required documentation or not completing the form in full will result in the applicant being classified as an out-of-state student for tuition purposes.
   2. All required documents and forms must be submitted prior to the posted deadline on the Academic Calendar for that session. All documents must be clear and convincing in establishing residency requirements. The burden of proof rests with the applicants.
   3. To qualify as a Florida resident for tuition purposes, an applicant or claimant (1) must be either a U.S. citizen, a permanent Foreign National, or legal Foreign National authorized by the United States Citizenship and Immigration Services (USCIS); and (2) must have maintained legal residence in Florida for at least 12 consecutive months immediately prior to his or her initial enrollment, i.e. his or her first day of class(es), at an institution of higher education.
   4. Legal residence in Florida is established when legal ties to the state are made. Therefore, the applicant must provide evidence which proves that they or their claimant meets the legal requirements to qualify as a Florida resident for tuition purposes.
   5. Living or attending school in Florida will not, in itself, establish residency. An applicant who depends on out-of-state parents for support is presumed to be a legal resident of the same state as his or her parents or claimant. Applicants are classified as dependent or independent for tuition purposes based on United States Internal Revenue Service Income Tax Codes.
   6. If an applicant qualifies for an exception or qualification, then appropriate documentation must be submitted to evidence entitlement to that exception or qualification. Such evidence is generally specific to the type of residency exception or qualification being claimed by the applicant. Please see Florida Statute 1009.21 (Determination of Residency Status for Tuition Purposes) for statutory exceptions and qualifications.
2.  Initial Classification/Determination of Florida Residency
3. 
   
   1. Applicants must use the Residency Declaration Form (formerly known as Affidavit for Florida Residency) and meet the following requirements:
      1. The Residency Declaration Form is part of the admissions application.
      2. Provide a minimum of two (2) documents with dates that evidence the 12-month qualifying period. At least one of the documents must be from the First Tier. Please see Florida Statute 1009.21 (Determination of Residency Status for Tuition Purposes) for allowable documentary evidence.
4.  Reclassification of Residency Status
5. 
   
   1. Applicants must use the Reclassification Affidavit and meet the following requirements:
      1. The Reclassification Affidavit is submitted to a Student Success Specialist on any campus and processed by Enrollment Services.
      2. Provide a minimum of three (3) documents with dates that evidence the 12-month qualifying period. At least one of the documents must be from the First Tier. Please see Florida Statute 1009.21 (Determination of Residency Status for Tuition Purposes) for allowable documentary evidence.
      3. Approved residency reclassifications are effective in the following term of enrollment.
6.  Residency Appeal
   1. Applicants must use the Appeal for Florida Residency Classification or Reclassification Status Form in cases where the applicant expresses a desire to appeal their residency classification.
      1. The Florida Residency Classification or Reclassification Status Form and support documentation are submitted to a Student Success Specialist on any campus and processed by Enrollment Services for residency appeal committee review.
         1. After a thorough investigation of all presented facts, the committee will render a final residency determination.
         2. The committee will advise the applicant in writing of the reason(s) for the determination and update residency when applicable.
      2. Approved residency appeals are effective in the following term of enrollment.