Graduate Residency

At least one item must be from this list:

• A Florida voter's registration card.
• A Florida driver's license.
• A State of Florida identification card.
• A Florida vehicle registration.
• 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.
• Proof of a homestead exemption in Florida.
• Transcripts from a Florida high school for multiple years (2 or more years) if the Florida high school diploma or GED was earned within the last 12 months.
• Proof of permanent full-time employment in Florida for at least 30 hours per week for a consecutive 12-month period.

Items listed below may be used in conjunction with one document from the above list:

• A declaration of domicile in Florida.
• A Florida professional or occupational license.
• Florida incorporation.
• A document evidencing verifiable family ties to a Florida resident, as defined by tuition purposes.
• Proof of membership in a Florida-based charitable or professional organization.
• 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.

• Qualified beneficiaries under the Stanley G. Tate Florida Pre-Paid College Program per s. 1009.98, F.S. (Pre-Paid ID Card Required). [s. 1009.98(2)(b)1, F.S.].
• Persons who were enrolled as Florida residents for tuition purposes at a Florida public IHE, but who abandon Florida domicile and then re-enroll in Florida within 12 months of the abandonment – provided that he/she continuously maintains the re-established domicile in Florida during the period of enrollment. (This benefit only applies one time.) [s. 1009.21(9), F.S.].
• Active duty members of the Armed Services of the United States residing or stationed in Florida (and spouse/dependent children) and active drilling members of the Florida National Guard [s. 1009.21(10)(a), F.S.]; or military personnel not stationed in Florida whose home of record or state of legal residence certificate, DD Form 2058, is Florida (and spouse/dependent children). [s. 1009.21(2)(a), F.S.].
• Active duty members of the Armed Services of the United States and their spouses/dependent children attending a public college or university within 50 miles of the military establishment where they are stationed, if such military establishment is within a county contiguous to Florida. [s. 1009.21(10)(b), F.S.].
• United States citizens living on the Isthmus of Panama, who have completed 12 consecutive months of college work at the Florida State University Panama Canal Branch, and their spouses and dependent children. [s. 1009.21(10)(c), F.S.].
• Full time instructional and administrative personnel employed by the State of Florida public school system and Florida public IHE (and spouse/dependent children). See Appendix A, Frequently Asked Questions, for definition of instructional and administrative personnel. [s. 1009.21(10)(d), F.S.].
• Students from Latin America and the Caribbean who receive scholarships from the federal or state government. The student must attend, on a full-time basis, a Florida public IHE. See Section 7.0, Immigration and International Student Issues, for more information on the qualifying scholarships. [s. 1009.21(10)(e), F.S.].
• Southern Regional Education Board's Academic Common Market graduate students attending Florida's state universities. [s. 1009.21(10)(f), F.S.].
• Full-time employees of state agencies or political subdivisions of the state when the student fees are paid by the state agency or political subdivision for the purpose of job-related law enforcement or corrections training. [s. 1009.21(10)(g), F.S.].
• McKnight Doctoral Fellows and Finalists who are United States citizens. [s. 1009.21(10)(h), F.S.].
• United States citizens living outside the United States who are teaching at a Department of Defense Dependent School or in an American International School and who enroll in a graduate level education program which leads to a Florida teaching certificate. [s. 1009.21(10)(i), F.S.].
• Active duty members of the Canadian military residing or stationed in this state under the North American Air Defense (NORAD) agreement, and their spouses and dependent children, attending a public community college or university within 50 miles of the military establishment where they are stationed. [s. 1009.21(10)(j), F.S.].
• Active duty members of a foreign nation's military who are serving as liaison officers and are residing or stationed in this state, and their spouses and dependent children, attending a community college or state university within 50 miles of the military establishment where the foreign liaison officer is stationed. [s. 1009.21(10)(k), F.S.].
• Linkage Institute participants receiving partial or full exemptions from s. 1009.21, F.S., based on criteria approved by the Florida Department of Education per s. 288.8175(5), F.S., which establishes linkage institutes between postsecondary institutions in this state and foreign countries. See Section 7.0, Immigration and International Student Issues, for more information on Linkage Institutes. [s. 288.8175(5), F.S.].

A student, whether or not living with his or her parent, who is eligible to be claimed by his or her parent under the federal income tax code shall be classified as a dependent student.

Parent. “Parent” means either or both parents of a student, any guardian of a student, or any person in a parental relationship to the student.” [s. 1009.21(1)(f), F.S.]

In order to be considered a “qualifying child” or “dependent” for federal income tax code purposes, the following must be true:

• The child must be your son, daughter, or stepchild, foster child, brother, sister, half-brother, half-sister, stepbrother, stepsister, or a descendant of any of them.
• The child must be one of the following:
  • under age 19 at the end of the year and younger than you (or your spouse, if filing jointly),
  • under age 24 at the end of the year and a full-time student and younger than you (or your spouse, if filing jointly), or
  • any age if permanently and totally disabled.

• The child must have lived with you for more than half of the year subject to IRS exceptions.
• The child must not have provided more than half of his/her own support for the year.
• The child is not filing a joint return for the year (unless that joint return is filed only as a claim for refund of withheld income tax or estimated tax paid).

Some individuals cannot be claimed as a dependent. Generally, a married person cannot be claimed as a dependent if they file a joint return with their spouse. Also, to claim someone as a dependent, that person must be a U.S. citizen, U.S. resident alien, U.S. national or resident of Canada or Mexico for some part of the year. There is an exception to this rule for certain adopted children. See IRS Publication 501, Exemptions, Standard Deduction, and Filing Information for additional tests to determine who can be claimed as a dependent.

A student who meets any one of the following criteria shall be classified as an independent student for the determination of residency for tuition purposes:

• The student is 24 years of age or older by the first day of classes of the term for which residency status is sought at a Florida institution.
• The student is married.
• The student has children who receive more than half of their support from the student.
• The student has other dependents who live with and receive more than half of their support from the student.
• The student is a veteran of the United States Armed Forces or is currently serving on active duty in the United States Armed Forces1 or National Guard or Reserves for purposes other than training.
• At any time since the student turned age 13, where both of the student's parents are deceased, or the student is or was (until age 18) one of the following:
  • a ward/dependent of the court or
  • in foster care

• The student is determined an unaccompanied homeless youth by a school district homeless liaison, or by a staff member of an emergency shelter or transitional housing program.
• The student is working on a master's or doctoral degree during the term for which residency status is sought at a Florida institution.

Evidence that the student meets one of these criteria will be requested by the higher education institution. A student who does not meet one of the criteria outlined in section 3.1 may be classified as an independent student only if he or she submits documentation that he or she provides more than fifty (50) percent of the cost of attendance for independent, in-state students as defined by the institution.

Florida Residency for Tuition Purposes Policy

The Florida Residency for Tuition Purposes Policy is based upon state statute, rules of the two higher education governing boards in Florida, and statewide guidelines developed by college and university administrators in conjunction with the Statewide Residency Committee and the Florida Department of Education. Section 1009.21, Florida Statutes, outlines the broad legal parameters for establishing residency for tuition purposes in Florida public higher education institutions. It is the highest level of authority regarding residency as established by the Florida Legislature. This statute also provides authority for the Department of Education to establish rules related to residency for tuition purposes.

At Florida State University there are four offices responsible for the review of residency for tuition purposes: the Office of Admissions, College of Law, College of Medicine Admissions, and the Office of the University Registrar. The first three offices determine residency for all first-time-on-campus students; the Office of Admissions is the only office to which students can apply for reclassification of residency once they are enrolled. First-time-on-campus or readmitted students will be classified in accordance with the information on their applications, including the "Florida Residency Declaration for Tuition Purposes". The University reserves the right to request additional information if warranted. Students who are denied the classification of Florida resident for tuition purposes have the right of appeal. The appeal must be based upon new information that was not made available during the initial review. All appeals must be in writing to the Residency Appeal Committee, care of the Office of Admissions. They should be made as soon as possible after receipt of the initial decision and no later than the end of the term for which Florida residency for tuition purposes is desired. All appeals will be reviewed by the Residency Appeal Committee and Committee decisions are final.

For the full text of Florida Statute, Section 1009.21:
https://www.flsenate.gov/Laws/Statutes/2014/1009.21

For the full text of State Board of Education Rule 6A-10.044:
https://www.flrules.org/gateway/RuleNo.asp?ID=6A-10.044

For the full text of State Board of Education Rule 6A-20.003:
https://www.flrules.org/gateway/RuleNo.asp?ID=6A-20.003

For the full text of Board of Governors Residency Regulation 7.005:
https://www.flbog.edu/wp-content/uploads/7_005ResidencyforTuitionPurposesSept2015-2.pdf

Residency Guidelines

A Residency Guidelines document was adopted by the Articulation Coordinating Committee to assist college and university administrators in implementing the Florida Residency for Tuition Purposes Policy. The guidelines are maintained by the Statewide Residency Committee which is comprised of residency experts from the state's public colleges and universities.

For the full text of the Guidelines on Florida Residency for Tuition Purposes:
Guidelines on Florida Residency for Tuition Purposes

Basic Definition of Residency for Tuition Purposes

A Florida resident is a student who has, or a dependent person whose parent or legal guardian has, established and maintained legal residency in Florida for at least twelve months preceding the first day of classes of the term for which residency is sought. Residence in Florida must be as a bona fide domicile rather than for the purpose of maintaining a residence incident to enrollment at an institution of higher education. To qualify as a Florida resident for tuition purposes, the student must be a U.S. citizen, permanent resident alien, or in legal status as determined by U.S. Citizenship and Immigration Services (USCIS). Please note: Under Florida law it is possible for U.S. Citizens with undocumented parents/guardians, lawful Permanent Residents, and certain non-U.S. Citizens to be classified as Florida residents for tuition paying purposes. In addition, undocumented and Deferred Action for Childhood Arrivals (DACA) students who graduate from a Florida high school may qualify for a waiver of out of state tuition fees.

Other persons not meeting the twelve-month legal residency requirement may be considered as Florida residents for tuition purposes only if they fall within one of the exception categories authorized by the Florida Legislature and State Board of Education. All other persons are ineligible for classification as a Florida resident for tuition purposes.

Living in or attending school in Florida will not, in itself, establish legal residence for tuition purposes. Each student shall submit a Florida Residency Declaration for Tuition Purposes form, electronically or in another format, and the documentation required to establish Florida residency for tuition purposes. The burden of providing clear and convincing documentation that justifies the University's classification of a student as a resident for tuition purposes rests with the student. For documentation to be "clear and convincing", it must be credible, trustworthy, and sufficient to persuade the University that the applicant has established legal residence in Florida. Students who depend on out-of-state parents for support are presumed to be legal residents of the same state as their parents.

Exception Categories

Section 1009.21, Florida Statutes, permits certain applicants who do not meet residency requirements to be classified as Florida residents for tuition purposes. Please note: Documentation in support of the following exceptions will be required. These exceptions and qualifications categories are as follows:

• Persons who were enrolled as Florida residents for tuition purposes at a Florida public institution of higher education, but who abandon Florida residency and then re-enroll in Florida within 12 months of the abandonment - provided that he/she continuously maintains the re-established domicile during the period of enrollment. (This benefit only applies one time.)
• Active duty members of the Armed Services of the United States residing or stationed in Florida (and spouse/dependent children); active drilling members of the Florida National Guard; or military personnel not stationed in Florida whose home of record or state of legal residence certificate, DD Form 2058, is Florida (and spouse/dependent children).
• Active duty members of the Armed Services of the United States and their spouses/dependent children attending a public community college or university within 50 miles of the military establishment where they are stationed, if such military establishment is within a county contiguous to Florida.
• United States citizens living on the Isthmus of Panama, who have completed 12 consecutive months of college work at the Florida State University Panama Canal Branch, and their spouses and dependent children.
• Full time instructional and administrative personnel employed by the State public schools and institutions of higher education (and spouse/dependent children).
• Students from Latin America and the Caribbean who receive scholarships from the federal or state government. The student must attend, on a full-time basis, a Florida institution of higher education.
• Southern Regional Education Board's Academic Common Market graduate students attending Florida's state universities.
• Full-time employees of state agencies or political subdivisions of the state when the student fees are paid by the state agency or political subdivision for the purpose of job-related law enforcement or corrections training.
• McKnight Doctoral Fellows and Finalists who are United States citizens.
• United States citizens living outside the United States who are teaching at a Department of Defense Dependent School or in an American International School and who enroll in a graduate level education program which leads to a Florida teaching certificate.
• Active duty members of the Canadian military residing or stationed in this state under the North American Air Defense (NORAD) agreement, and their spouses and dependent children, attending a public community college or university within 50 miles of the military establishment where they are stationed.
• Active duty members of a foreign nation's military who are serving as liaison officers and are residing or stationed in this state, and their spouses and dependent children, attending a community college or state university within 50 miles of the military establishment where the foreign liaison officer is stationed.
• Qualified beneficiaries under the Florida Pre-Paid Postsecondary Expense Program per s. 1009.97. (Pre-Paid ID Card Required.)
• Linkage Institute participants receiving partial or full exemptions from S. 1009.21, FS, based on criteria approved by the Florida Department of Education per S. 288.8175, FS, which establishes linkage institutes between postsecondary institutions in this state and foreign countries.

Information for non-U.S. Citizens

A non-U.S. citizen may be eligible to establish residency for tuition purposes if evidence is presented verifying that he or she is legally present in the United States, has met the residency requirements of Section 1009.21, F.S., and the person is one of the following:

1. Permanent Resident - A person who has been granted permanent resident status in the U.S. and has (or is waiting for) a Permanent Resident Card (identified as either Form I-151 or Form I-551). Is eligible to establish Florida residency for tuition purposes.
2. Non-Immigrant - A foreign national in a nonimmigrant visa classification that grants the person the legal ability to establish and maintain a bona fide domicile in the United States according to the United States Citizenship and Immigration Services (USCIS) may establish Florida residency for tuition purposes. The following visa categories grant the person the legal ability to establish and maintain a bona fide domicile in the United States according to USCIS: A, E, G, H-1B, H-1C (classification expires December 20, 2011), I, K, L, N, NATO 1-7, O-1, R, S, T, U, and V.
3. Parolee, asylee, Cuban-Haitian entrant, or other legal alien - A person who has been granted indefinite stay in the United States may establish Florida residency for tuition purposes.
4. U.S. Citizens who are dependent upon undocumented parents - A dependent child may not be denied classification as a Florida resident for tuition purposes based solely upon the immigration status of his or her parent.
5. Undocumented/Deferred Action for Childhood Arrivals (DACA) Florida High School Graduates - A waiver of out of state tuition is possible for undocumented and DACA students who graduate from a Florida high school. Eligibility for the waiver is determined based upon evidence of attendance at a Florida secondary school for three consecutive years immediately prior to graduation and application for admission to an institution of higher education within 24 months of high school graduation. The Office of Admissions actively works to provide waivers to known DACA students and those foreign nationals who do not indicate their legal status on the application for admission, so you are encouraged to contact them after your admission to determine your eligibility for the waiver.

Documents supporting the establishment of residency for tuition purposes must be dated, issued or filed 12 months prior to the first day of classes of the term for which residency is sought. All documentation is subject to verification. You should submit two or more of the documents identified below. No single piece of evidence shall be conclusive.

At least one item must be from this list:

• A Florida voter’s registration card.
• A Florida driver’s license.
• A State of Florida identification card.
• A Florida vehicle registration.
• 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.
• Proof of a homestead exemption in Florida.
• Transcripts from a Florida high school for multiple years (2 or more years) if the Florida high school diploma or GED was earned within the last 12 months.
• Proof of permanent full-time employment in Florida for at least 30 hours per week for a consecutive 12-month period.

Items listed below may be used in conjunction with one document from the above list:

• A declaration of domicile in Florida.
• A Florida professional or occupational license.
• Florida incorporation.
• A document evidencing verifiable family ties to a Florida resident, as defined by tuition purposes.
• Proof of membership in a Florida-based charitable or professional organization.
• 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.

Documents supporting the establishment of residency for tuition purposes must be dated, issued, or filed 12 months prior to the first day of classes of the term for which reclassification is sought. All documentation is subject to verification. You should submit as much evidence of your Florida residency as possible. No single piece of documentation will be considered conclusive and the burden of proof is on the student to show: (1) residency in Florida for the requisite 12 month period; and (2) residency in the state was not merely temporary or incident to enrolling in a college or university located in Florida.

It is recommended that you submit as many required documents as possible to justify your claim of Florida residency for tuition purposes; however, no claim of residency will be valid without at least one of the following documents and at least three documents total.

• Florida Driver's license or for non-drivers, a State of Florida identification card
• Florida voter registration card
• Florida vehicle registration
• Proof of purchase of a permanent home in Florida that is occupied as a primary residence of the claimant
• Proof of homestead exemption in Florida
• Transcripts from a Florida high school for multiple years if the Florida high school diploma or GED was earned within the last 12 months
• Proof of permanent full-time employment in Florida for at least 30 hours per week for a 12 month period (Graduate students on Assistantship should complete and submit the Graduate Assistant Verification Form)

It is recommended that you submit as many supporting documents as possible to justify your claim of Florida residency for tuition purposes. While all documents are important, the most critical to obtain is the Declaration of Domicile. The Declaration of Domicile is available from the Clerk of Courts in the County Court House of the Florida County in which you reside.

Please note: No claim of residency will be valid without at least one required document and at least three documents total.

• Declaration of domicile in Florida ("filed date" must be 12 months prior to first day of classes)
• A Florida professional or occupational license
• Florida incorporation
• Documents evidencing family ties in Florida
• Proof of membership in Florida-based charitable or professional organizations

Any other documentation that supports the student's request for resident status, such as:

• Lease agreement and proof of 12 consecutive months of payments
• Utility bills and proof of 12 consecutive months of payments
• Bank records
• Benefit histories from Florida agencies or public assistance programs
• State, federal, or court documents evidencing legal ties to Florida

Under Florida law, being a legal Florida resident does not automatically qualify you for in-state tuition.

A "Florida resident for tuition purposes" is a person who has, or a dependent person whose parent, legal guardian, or spouse has established and maintained legal residence in Florida for at least twelve months prior to the first day of the term. Please Note: Students, who depend on out-of-state parents for support, are presumed to be legal residents of the same state as their parents.

All claimants for Florida residency for tuition purposes must submit a residency declaration for tuition purposes form. New and readmission applicants should complete the residency declaration at the time of application for admission/readmission.

Currently enrolled students who were initially classified as nonresidents for tuition purposes and now wish to seek reclassification to Florida Resident for Tuition Purposes must submit a Residency Reclassification Form.

Students who are not Florida residents for tuition purposes will be assessed an out of state fee. This fee will make the tuition bill for an undergraduate out of state student approximately 3 1/2 times higher than the tuition bill for an undergraduate Florida resident. The graduate tuition bill for an out of state student is approximately 2 1/2 times higher than the graduate tuition bill for a Florida resident.

The determination of dependent or independent student status is important because it is the basis for whether the student has to submit his/her own documentation for residency (as an independent) or his/her parent's or guardian's documentation of residency (as a dependent).

Independent Student. A student who meets any of the following criteria shall be classified as an independent student for the determination of residency for tuition purposes:

1. The student is 24 years of age prior to the start of the term for which residency is sought;
2. The student is married;
3. The student has children and/or other dependents who receive more than half of their support from the student;
4. The student is a veteran of the U.S. Armed Forces or is currently serving on active duty in the U.S. Armed Forces for purposes other than training;
5. Both of the student's parents are deceased or the student is or was (until age 18) a ward/dependent of the court;
6. The student is working on a master's or doctoral degree during the term for which residency status is sought at a Florida institution;
7. The student is classified as independent by the FSU Office of Financial Aid.

A student who does not meet any of the criteria outlined above may be classified as an independent student only if he or she submits documentation that he or she provides fifty (50) percent or more of the cost of attendance for independent, in-state students as defined by the Office of Financial Aid at Florida State University (exclusive of federal, state, and institutional aid or scholarships).

Dependent Student.

All other students who do not meet the above definition of an independent student shall be classified as dependent students for the determination of residency for tuition purposes.

Home ownership does not automatically qualify you for Florida residency for tuition purposes. Residence in Florida must be as a bona fide domicile rather than for the purpose of maintaining a residence incident to enrollment at an institution of higher education. Owning property in Florida, while residing in another state, will not of its own merit meet residency requirements.

To be considered a "Florida Resident for Tuition Purposes" you must prove through official and/or legal documents that you or the claimant have established bona fide domicile in the state of Florida for at least 12 months preceding the first day of classes of the term for which Florida residency is sought. You do not receive credit for any time that you spent in the state in prior years.

No. Living near the state of Florida does not grant the student residency for tuition purposes. However, active duty military personnel and their dependents stationed within 50 miles of the Florida border may claim residency based on the official military orders. Official documentation is subject to evaluation and verification.

If your documentation was recently renewed in accordance with state policy/regulation, you may submit the original date of issue on the residency declaration. However, you may be asked to provide additional documentation to verify the dates you report.