Florida Residency for Tuition Purposes

The Office of Admissions is required to adhere to specific procedures in making initial determinations of residency for tuition purposes at the University of West Florida.  Your residency classification determines your rate of tuition, and students classified as “Florida residents” pay less in fees per credit hour than students classified as “non-Florida residents.”  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.

To qualify as a Florida Resident for Tuition Purposes, the student (dependent, as defined by IRS regulations, or independent) must be a U.S. Citizen, permanent resident alien or a legal alien granted indefinite stay by U.S. Immigration and Naturalization Services, and must have established physical and legal residence in Florida for at least 12 consecutive months prior to the first day of classes for the semester of enrollment.  Students who do not meet these basic criteria cannot be classified as residents for tuition purposes.

The burden of proof rests with the applicant to present clear and convincing documentation that supports permanent legal residency in Florida for at least 12 consecutive months rather than temporary residency for the purpose of pursuing an education.  All applicants are considered “non-Florida residents” until they provide proof otherwise.  Failure to provide all relevant information and required documentation in the residency section of the admission application could result in a 'non-Florida resident' classification for tuition purposes.  All documentation must be submitted no later than the first day of classes for the semester of enrollment.

Things you need to know about residency for tuition purposes:

• Living in Florida for a year or longer DOES NOT automatically qualify you as a Florida Resident for Tuition Purposes (in-state tuition).

• Under Florida law, there is a difference between being a “Florida Resident” and being a “Florida Resident for Tuition Purposes”.

• Students who are dependent on out-of-state parents are presumed to be legal residents of the same state as their parents.

• To be considered a Florida Resident for Tuition Purposes, you must prove through official and/or legal documents that you have established permanent residence in Florida and are not merely living in Florida temporarily or incidental to attending college.

• To qualify as a Florida Resident for Tuition Purposes, you must submit documentation that you (or parent or legal guardian if a dependent) have been a Florida resident with physical and legal presence for at least 12 consecutive months prior to the first day of classes of the semester of enrollment.  Information provided from at least two documents must be submitted with dates that evidence the 12 month qualifying period.

• Proof of residency must be clear and convincing; therefore, additional documentation may be required to satisfy this qualification.  Additionally, there must be an absence of information that contradicts your claim of residency.

NOTE:  Applicants who will be under the age of 24 by the first day of classes of the semester of their enrollment and claim themselves as independents will be required to show proof of independent status by submission of a copy of their parents'/legal guardians' most recent tax return (as proof that they have not been claimed as a dependent) or other documentation as appropriate.

Independent or Dependent?

The determination of dependent or independent status is important because it is the basis for whether the student has to submit his/her own documentation of residency (as an independent) or his/her parent’s or guardian’s documentation of residency (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 Forces for purposes other than training;

• Both of the student’s parents are deceased or the student is or was (until age 18) a ward/dependent of the court;

• The student will be working on a master’s or doctoral degree during the term for which residency status is sought at a Florida institution; or

• The student is classified as an independent by the financial aid office at the 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 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 financial aid office at the institution (exclusive of federal, state, and institutional aid or scholarships).

NOTE: 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.

Residency Documentation

Students seeking Florida residency for tuition purposes are required to submit documentation which supports his or her claim of residency no later than the first day of classes of the semester of their enrollment.  If dependent, your parent or legal guardian (also referred to as the claimant) must provide the required documentation.  At least two of the following documents must be submitted, with dates that evidence the 12-month qualifying period. At least one of the documents must be from the First Tier. As some evidence is more persuasive than others, additional documentation may be requested. No single piece of documentation will be considered conclusive. Additionally, there must be an absence of information that contradicts the applicant’s claim of residency.

Primary Documents (at least one of the two documents submitted must be from this list)

• Florida Driver's license (if known to be held in another state previously, must have relinquished)

• Florida identification card (if evidence of no ties to another state)

• Florida voter registration card

• Florida vehicle registration

• Proof of permanent full-time employment in Florida (at least 30 hours per week for a 12-month period)

• Proof of purchase of a permanent home in Florida that is occupied as a primary residence of the claimant

• Transcripts from a Florida high school for multiple years (if Florida high school diploma or GED was earned within last 12 months)

• Proof of homestead exemption in Florida

Other Documents (may be used in conjunction with one Primary Document)

• Declaration of domicile in Florida (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

• Any other documentation that supports the student's request for resident status, including: utility bills and proof of 12 consecutive months of payments, proof of bank account in Florida, lease agreement and proof of 12 consecutive months of payments OR letter from landlord, or state or court documents evidencing legal ties to Florida

Unacceptable Documents (may not be used)
Hunting/fishing/weapons licenses
Library cards or gym memberships
Shopping club/rental cards
Birth certificate
Passport

NOTE:  Documentary evidence from a state other than Florida may disqualify a student for in-state tuition.  However, there are exceptions which may allow a student to receive the benefit of in-state tuition:

• The dependent’s parents are divorced, separated or otherwise living apart and either parent (even if not claiming the student) is a legal resident of Florida

• The student becomes a legal resident and is married to a person who has been a legal resident for the required 12 months period

• The student is a member of the Armed Forces on active duty stationed in Florida, or a spouse or dependent

• The student is a member of the full-time instructional or administrative staff of a state public school, community college or university in Florida, or a spouse or dependent

• The student is a dependent and has lived five years with an adult relative who has established legal residence in Florida

In each of the aforementioned exceptions, additional documentation which supports proof of residency, dependency, marital ties, military ties to Florida, or occupational ties to Florida will be required.  A marriage license/certificate is required in all cases where a student is claiming residency through their spouse.  All documentation must be received in the Admissions Office no later than the first day of classes for the semester of enrollment.

Definitions

Claimant - The person who is providing evidence of the establishment of permanent legal residence in Florida. For independent students, the claimant is the student. For dependent students, the claimant can
be the student's parent, legal guardian, or spouse.
Declaration of Domicile - A sworn statement which states that you reside in and maintain a place of abode in the Florida County of residence in which the document is filed. The signed and notarized document is filed with the Clerk of Courts and states that you relinquish all legal ties with your previous state of residence. The document must be filed 12 months prior to the start of the semester for which Florida residency is sought.
Legal Guardian - A legal guardian is appointed by the Florida court system. If the claimant is the court-appointed legal guardian, the student must submit a copy of the court decree naming the claimant as their guardian. A person other than a parent who claims the student as a dependent for income tax purposes is not considered the student's legal guardian. Notarized letters and Power of Attorney paperwork are not considered legal guardianship documents.
Armed Forces - Includes active duty members of the Army, Air Force, Navy, Marines, and Coast Guard.
Physical Presence - It is important to note that living or attending school in Florida is not tantamount to establishing a legal residence for tuition purposes. Maintaining a legal residence in Florida requires substantial physical presence as a condition. It is imperative that the required 12 month qualifying period be for the purpose of maintaining a bona fide domicile rather than for the purpose of maintaining a mere temporary residence incident to enrollment in an institution of higher education.

Residency Appeal Procedures

Appeals to residency decisions made by the Office of Admissions will be considered by the Residency Appeals Office.  Students who wish to appeal a decision must submit a written request for appeal to the Office of Admissions.  The Office of Admissions will forward all documents provided for residency to the committee.

The committee meets several times at the beginning of each semester and as needed throughout the year.

Additional Information

Please contact the Admissions Office if you have questions or concerns related to the requirements for initial classification for Florida residency for tuition purposes.

FACTS.org is Florida's official online student advising system. It is provided free by the Florida Department of Education to help students make informed choices about their education. For further information regarding Residency Guidelines, please go to http://www.facts.org/html_sw/residencyGuidelines.html.

Residency Reclassification

Currently enrolled students who are classified as non-Florida residents for tuition purposes and wish to become Florida residents for tuition purposes should contact the Registrar’s Office for Reclassification documentation and information.