6A-20.003: Florida Residency as a Requirement for the Receipt of State Student Aid
PURPOSE AND EFFECT: The purpose of the rule amendment is to align this rule with State Board of Education Rule 6A-10.044, Residency for Tuition Purposes. The effect reflects current statute and administrative processes.
SUMMARY: Changes are proposed to align this rule with State Board of Education Rule 6A-10.044, Residency for Tuition Purposes.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: No Statement of Estimated Regulatory Cost was prepared.
Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.
SPECIFIC AUTHORITY: 1001.02(1), 1009.93(4) FS.
LAW IMPLEMENTED: 1001.02, 1009.40, 1009.93 FS.
A HEARING WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW:
DATE AND TIME: August 19, 2008, 8:30 a.m.
PLACE: 400 South Monroe Street, Room LL03, The Capitol, Tallahassee, Florida 32399
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Theresa Antworth, Director, State Scholarship and Grant Programs, Florida Department of Education, Office of Student Financial Assistance, 1940 North Monroe Street, Suite 70, Tallahassee, Florida 32303-4759, (850)410-5185
THE FULL TEXT OF THE PROPOSED RULE IS:
6A-20.003 Florida Residency as a Requirement for the Receipt of State Student Aid.
(1) Students attending Florida postsecondary educational institutions shall show proof of Florida residency for purposes of establishing their eligibility to receive funds from state student financial assistance programs which specify minimum residency requirements. Such residency shall be determined in a manner consistent with the provisions of Section 1009.21, Florida Statutes, Rule 6A-10.044, F.A.C., and this rule.
(2) Students shall have established and maintained residency for a minimum of twelve (12) consecutive months immediately preceding the first day of classes for the first term of the academic year for which state aid is requested.
(3) Determination of student residency shall first require the determination of dependency status pursuant to the following criteria. Dependent students are those who meet the federal definition of dependent students and who are eligible to be claimed as a tax exemption by a parent whether or not they are living with the parent. Independent students are those students who are ineligible to be claimed as a tax exemption by their parents, who meet the federal definition of independent students, and who have gained independent status as bona fide self-supporting students.
(4) Dependent students, regardless of age, shall be considered to have the residence of either parent.
(5) A parent is defined as a natural parent, a legal adoptive parent, a legal guardian, or an adult relative if the student has lived with the adult relative for the past five (5) years during which time the relative has exercised day-to-day care, supervision, and control of the student.
(3)(6) Students who claim Florida residency shall sign a statement attesting to the fact that they have been a bona fide resident for purposes other than education for the required time as specified in subsection 6A-20.003(2), F.A.C. The statement shall be a part of the application for state student aid programs. Institutions shall be responsible for determining the students’ residency status.
(7) Non Florida resident students shall remain so classified for the duration of the enrollment unless the institution determines that the student has become a Florida resident pursuant to this rule on the basis of sufficient proof provided by the student.
(8) The residency of a married student is determined by the residency of the student, not by the residency of the student’s spouse.
(9) A student classified as a Florida resident who subsequently established residence in another state, shall retain status as a Florida resident for student aid purposes for one (1) year after the date residency in another state began.
(10) Active duty members of the armed services of the United States stationed in this state, their spouses, and dependent children shall be considered residents.
(11) Full-time instructional and administrative personnel employed by the state public schools, community colleges, institutions of higher education, and other state supported institutions as defined in Section 1012.01, Florida Statutes, and their spouses and dependent children shall be considered residents.
(4)(12) Individuals exempted from Florida residency requirements in Section 1009.21, Florida Statutes, shall be exempt for the purposes of state student financial assistance.
(13) Non-U.S. citizens such as resident aliens, parolees, asylees, or other permanent status persons (e.g., persons who married U.S. citizens and temporary permanent residents), who have applied to and have been approved by the U.S. Immigration and Naturalization Service for indefinite stay and employment, shall be considered eligible to establish Florida residency for state student financial aid purposes. In addition, non-immigrants holding one of the following visas shall be considered eligible to establish Florida residency for state student financial aid purposes. Persons in visa categories not listed shall be considered ineligible to establish Florida residency for state student financial aid purposes.
(a) Visa Category A – Government official.
(b) Visa Category E – Treaty trader or investor.
(c) Visa Category G – Representative of international organization.
(d) Visa Category I – Foreign information media representative.
(e) Visa Category K – Fiance, fiancee or a child of U.S. citizen(s).
(14) Evidence of Florida residency may include but is not limited to:
(a) Voter registration,
(b) Driver license,
(c) Automobile registration,
(d) Location of bank account,
(e) Rent receipts,
(f) Home mortgage,
(g) Tax returns,
(h) Need analysis documents,
(i) Guaranteed student loan notes,
(j) Financial aid and admissions applications,
(k) Employment documents.
(5)(15) Verification of Florida residency shall be the responsibility of the postsecondary institution.
Specific Authority 1001.02(1), 1009.93(4) FS. Law Implemented 1001.02, 1009.40, 1009.93 FS. History–New 12-9-86, Amended 2-18-93,_______.