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It is important to understand that living in or attending school in Florida is not sufficient evidence to establish residency for tuition purposes. Students must show that they were in Florida to maintain a bona fide domicile. The reclassification process is not automatic. Students who wish to be considered for a reclassification must submit a petition for reclassification no later than the posted add/drop period of the semester for which they desire the reclassification.
Reclassification Application
A student who is classified as out-of-state and wants to request “reclassification” to instate status must complete a Residency Declaration at the Florida public IHE and submit to the appropriate office for consideration prior to the term for which reclassification is sought.
Documentary Evidence
The evidentiary requirement for reclassification goes beyond that for an initial classification, because these individuals have previously been determined to be out-of-state residents. An individual who is initially classified as a nonresident for tuition purposes may become eligible for reclassification as a resident for tuition purposes only if that individual, or his or her parent if that individual is a dependent, presents clear and convincing documentation that supports permanent legal residency in this state for 12 consecutive months. A student, or his or her parent if that student is a dependent, may become eligible for reclassification by presenting a minimum of three (3) documents identified below. One of the three documents must come from the first tier.
First Tier (at Least One of the Two Documents Submitted 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.
Second Tier (May be Used in Conjunction with One Document from First Tier)
- 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.
Examples of documents that may not be used
- Hunting/fishing licenses
- Library cards
- Shopping club/rental cards
- Birth certificate
- Passport
- Social Security Card
- Florida Concealed Weapons permit
- Insurance Card
The burden of providing clear and convincing documentation that justifies the Florida public IHE’s classification of a student as a resident for tuition purposes rests with the student, or if the student is a dependent, his or her parent. For documentation to be “clear and convincing” it must be credible, trustworthy, and sufficient to persuade the Florida public IHE that the student or, if that student is a dependent, his or her parent, has established legal residency in Florida that is not solely for the purpose of pursuing an education and has relinquished residency in any other state for a minimum of 12 consecutive months prior to classification. Each Florida public IHE may establish submission deadlines for all documentation that will be used to determine residency for tuition purposes. S. 1009.21(6)(a), F.S. emphasizes the need for clear and convincing documentation that supports permanent legal residency in the state for at least 12 consecutive months rather than temporary residence for the purposes of education. The two examples provided are not intended to be the exclusive means under that subsection to permit reclassification of a student for tuition purposes. Not all potential circumstances which may be presented under that subsection will require a student to relinquish enrollment during the 12 month qualifying period. The primary objective of the section is to require students to submit documentation that clearly and convincingly demonstrates the establishment of permanent legal residency in Florida for at least 12 consecutive months and that such residency is not on atemporary basis for the purpose of obtaining an education.
An individual who is classified as a non-resident for tuition purposes and who marries a legal resident of the state and becomes a legal resident may become eligible for reclassification by submitting proof of his/her legal residency, evidence of his/her marriage to a legal resident, and evidence of his/her spouse’s legal residence in Florida for at least 12 consecutive months immediately preceding the application for reclassification. The individual does not have to satisfy the requisite 12-month qualifying period. [s. 1009.21(6)(d), F.S.]
NOTE: Retroactive changes and refunds for prior semesters will not be made.
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