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Florida Residency for Tuition Classification - Required Documentation

Effective Spring Term 2013 – New rule for U.S. citizen dependent students

Effective Spring Term 2013, U.S. citizen dependent students who had been ineligible for Florida residency for tuition purposes may become eligible as a result of a recent federal court ruling in Florida. Click here for more information.

Effective June 15, 2012 - Deferred Action for Childhood Arrivals

Effective June 15, 2012, certain individuals who meet specific guidelines may request consideration of deferred action from U.S. Citizenship and Immigration Services (USCIS). Individuals who receive deferred action will not be placed into removal proceedings or removed from the United States for a specified period of time unless terminated. If you receive deferred action, you may be eligible for employment authorization. More information.

Note that deferred action does not provide an individual with lawful status and is irrelevant to proving Florida residency for tuition purposes. All newly admitted and re-admitted students must complete the required affidavit and provide valid proof of Florida residency to qualify for in-state fees.

Effective July 1, 2010

Students who are admitted to public-supported postsecondary educational institutions in Florida must complete an affidavit and provide proof of "Florida residency for tuition purposes" in accordance with state law. The following serves as a summary of the Florida Residency guidelines for students and parents. State laws on the subject are as follows: 1009.21, Florida Statutes (F.S.) and 6A-10.044, Florida Administrative Code (F.A.C.)

Immigration Status

Non-U.S. citizen students and parents (if student is considered dependent) must provide evidence of eligible legal immigration status in the U.S. before being considered for Florida resident fees. Please check with the Registrar's Office for more specific information on the non-U.S. citizen categories that are eligible to be considered for Florida resident fees. International Students on an F-1 Visa are NOT ELIGIBLE to pay Florida resident fees.

Dependent/Independent

  • Students under the age of 24 are considered "dependent" automatically, unless proven otherwise. Dependent students must provide their parent's or guardian's documentation of residency. Please note that per current Florida law, stepparents are not eligible to claim Florida residency on behalf of a dependent student. A "parent" is defined as the natural or adoptive parent or legal guardian (with a legal court document).
  • Students age 24 and over are considered independent automatically, unless proven otherwise. Students claiming to be independent AND under the age of 24 must provide one of the following documents in addition to the group documentation listed below:
    • Prove income in the previous year of a minimum of $10,957 (excluding any Federal, state, and institutional aid or scholarships) from the previous year (check with the Registrar's Office for more information) and not be claimed by another person on their taxes (must show prior year taxes), or
    • Have a dependent child and have received Florida state aid, or
    • Show proof of marriage (marriage license), or
    • Be a veteran of the United States military service (DD214 required), or
    • Be classified as "independent" by the Financial Aid Office at Miami Dade College, or
    • Be a ward of the state or Project Independence recipient

Documentation Supporting Florida Residency for Tuition Purposes

All documents supporting the establishment of Florida residency classification for tuition purposes MUST:

  • be dated, issued, or filed twelve (12) months before the first day of the term in which the Florida residency-for-tuition-purposes classification is requested.
  • be received no later than the 100 % refund date for the term in which Florida residency is being requested; otherwise, the Florida classification for tuition purposes will be effective the following term.
  • show that name(s) listed on all of the documents match.
  • NOTE THAT NO SINGLE DOCUMENT SHALL BE CONCLUSIVE, AND ALL DOCUMENTATION IS SUBJECT TO VERIFICATION. EVIDENCE OF TIES TO ANOTHER STATE INVALIDATES THE ELIGIBILITY OF FLORIDA RESIDENCY CLASSIFICATION FOR TUITION PURPOSES.

Requirements for Initial Classification of Florida Residency for Tuition Purposes

  • Students who claim Florida residency for tuition purposes must show two of the below-specified documents issued at least twelve (12) consecutive months prior to the first day of the term in which Florida residency classification is requested.
  • At least one of the documents must be from the first group, and more than two documents may be requested

First group (at least one of the two documents submitted must be from the first group)

  • Florida driver's license (licenses from any other state must be relinquished)
  • Florida identification card (if no evidence of ties to another state exists)
  • Florida voter's registration card
  • Florida vehicle registration
  • Proof of purchase of a permanent home in Florida that is occupied as a primary residence of the claimant (e.g., warranty deed)
  • Transcripts from a Florida high school for multiple years [if Florida high school diploma or GED was earned within the last twelve (12) months]
  • Proof of permanent full-time employment in Florida for at least 30 hours per week for a twelve (12)-month period. This may include paycheck stubs from the previous twelve (12) consecutive months of work in Florida and/or a letter on official company letterhead from the employer verifying the previous twelve (12) consecutive months of employment in Florida
  • Proof of Homestead exemption in Florida

Second group (may be used in conjunction with one document from the first group)

  • Declaration of domicile in Florida [twelve (12) months from the date the document was sworn and subscribed as noted by the Clerk of Circuit Court]
  • A Florida professional or occupational license
  • Florida incorporation
  • Documents evidencing family ties in Florida
  • Proof of membership in Florida-based charitable or professional organizations
  • Utility bills and proof of twelve (12) consecutive months of payments
  • Lease agreement and proof of twelve (12) consecutive months of payments
  • Official Federal, State or court documents evidencing legal ties to Florida

Unacceptable Documents (may not be used to support classification of Florida residency for tuition purposes)

  • Hunting/fishing licenses
  • Library cards
  • Birth Certificate
  • Passport
  • Shopping club/rental cards

Other Approved Processes for Documentation

For students in state custody, the Department of Juvenile Justice (DJJ) may facilitate residency determination by providing the college or university with documentation showing their parent or legal guardian is a resident of Florida for the qualifying period. The DJJ Address Verification Form shall be considered acceptable documentation for residency determination in conjunction with additional information that demonstrates that the parent or legal guardian has maintained legal residence in this state for at least twelve (12) months prior to the first day of classes of the term for which Florida residency-for-tuition-purposes classification is sought.

Students who have tuition and fees waived or exempt according to the following sections of Florida Statutes shall be classified as Florida residents and shall not be required to submit additional residency documentation for tuition purposes for the duration of the exemption or waiver eligibility period:

  • 1009.25(2)(c) and (d): Custody of Department of Children and Families, in the care of a relative or adopted from the Department of Children and Families,
  • 1009.25(2)(f): Homeless,
  • 961.06(1)(b): Wrongful incarceration,
  • 112.191(3): Dependents or spouses of firefighters killed in the line of duty, and
  • 112.19(3): Dependents or spouses of law enforcement, correctional, or correctional probation officers killed in the line of duty.

After eligibility for the waiver or exemption has expired, the student must prove Florida residency for tuition purposes to continue receiving the Florida resident tuition benefits.

Requirements for Reclassification of Florida Residency for Tuition Purposes

Except as otherwise stated, a student who is classified as a nonresident for tuition purposes may become eligible for reclassification as a Florida resident for tuition purposes by presenting a minimum of three (3) documents, one of which must be from the first group of documents, and the other two documents can be from either of the two groups identified earlier in this document that convincingly demonstrate the establishment of permanent legal residence in Florida other than for the sole purpose of pursuing a postsecondary education. In addition, documentation must demonstrate that the student or, if the student is a dependent, his or her parent, has maintained legal residence in Florida for at least twelve (12) consecutive months prior to his or her request for reclassification, such as documentation of full-time permanent employment for the prior twelve (12) consecutive months or the purchase of a home in Florida and lived there for the prior twelve (12) consecutive months while not enrolled in an institution of higher education.

The above information serves as a guideline of Florida law and related policies/procedures applied by Miami Dade College in determining eligibility of Florida residency for tuition purposes. Please refer to http://www.mdc.edu/main/flresidency/default.asp for further details.

ALL INFORMATION IS SUBJECT TO CHANGE WITHOUT NOTICE.
Revised January 7, 2011




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