Residency for Tuition Purposes

Students shall be classified as residents or non-residents for the purpose of assessing tuition at Indian River State College based on the provisions of Florida Statute 1009.21 and State Board of Education Rule 6A-10.044.

The submission deadline for all documentation that will be used to determine residency for tuition purposes is the day prior to the first day of classes.  The responsibility of providing clear and convincing documentation that justifies 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. Once a class has started, tuition and fees for that term are final, whether in-state or out-of-state.

Initial classification as a Florida resident for tuition purposes applies to students who are enrolling for the first time, or those enrolling after a period of 24 months of non-enrollment. After 24 months of non-enrollment, students will be required to apply for re-admission to the college and resubmit documentation for classification as a resident for tuition purposes.

To qualify as a resident for tuition purposes, the student as an independent claimant, or the student's parent or guardian as claimant if the student is dependent, must have established and maintained legal residence in this state for at least 12 consecutive months immediately prior to the student's enrollment at the College. As stipulated in Florida Statute 1009.21, living or attending school in Florida is not equivalent to establishing a legal residence for tuition purposes. 

To be eligible for Florida residency for tuition purposes for initial classification, a student must satisfy all of the following criteria:

1. Be a U.S. Citizen or legal alien granted indefinite stay and eligible for study in the United States per State Board of Education Rule 6A-10.044 and Guidelines on Florida Residency for Tuition Purposes.
2. Demonstrate independent/dependent status as defined by the student's birth date in accordance with the Federal Income Tax code.
3. Submit Form FRD-1 Florida Residency Declaration and provide two documents evidencing legal residence in Florida for at least 12 consecutive months immediately prior to the first day of classes for the term for which Florida residency is sought. If the student is a dependent under the federal income tax code, then the parent or guardian must submit the Florida Residency Declaration documenting 12 months of continuous residency and primary domicile prior to the classification term.

All U.S. citizen dependent students who meet the statutory requirements for Florida residency, regardless of parental immigration status in the United States, will be classified as residents for tuition purposes.

All other dependent students whose birth country is not the United States, along with their parent as claimant, must provide proof of an eligible immigration status in the United States to be considered for residency for tuition purposes.

A student who meets any of the following criteria may file as an independent claimant:

• The student is 24 years of age or older by the classification term of enrollment;
• The student is married;
• The student has a child or other dependents for whom the student provides more than half of their support;
• The student is a Veteran or currently serving on active duty in the United States Armed Services;
• The student's parents are deceased or the student is or was a ward of the court;
• The student earns more than 50% of the cost of attendance. Contact the Student Records Office for the current income amount required to demonstrate financial independence.

Valid documentation evidencing independence must be submitted by all students under the age of 24. Students who do not meet the above criteria for independence are subject to filing residency as a dependent; their parent or guardian is the claimant who must provide the documentation.

A student under the age of 24 living with an adult relative other than the student's parent or guardian may request classification as a resident for tuition purposes if the adult relative claimant is a legal resident who has maintained legal residence in this state and the student has resided continuously with such relative for the three years immediately prior to the student's initial enrollment during which time the adult relative claimant has exercised day-to-day care, supervision, and control of the student. Submission of a tax return from the most recent tax year, evidencing the dependency of the student, along with a Notarized Affidavit of Parental Relationship is required.

The student as an independent claimant, or the student's parent or guardian as claimant, must submit an FRD-1 Florida Residency Declaration. The claimant must indicate his or her length of residence in Florida and establish that his or her presence during the 12-month qualifying period is and was for the purpose of maintaining a primary domicile, rather than for the purpose of maintaining a temporary residence related to enrollment at Indian River State College. 

The claimant is required to submit two (2) documents evidencing Florida as their primary domicile as part of their FRD-1 Florida Residency Declaration. The documents must be dated or issued at least 12 months prior to the first day of classes for the term for which residency is requested.

Per Florida Statute 1009.21(3)(c)1, the documents must include at least one of the following:

1. A Florida voter registration card.
2. A Florida driver license or State of Florida identification card.
3. A Florida vehicle registration.
4. Proof of ownership of a permanent home in Florida as primary residence or proof of homestead exemption.
5. Proof of permanent full-time employment in Florida for at least 30 hours per week for the 12-month period.
6. For dependent students only: A Florida high school transcript showing multiple years' enrollment and a graduation date within the previous 12 months in conjunction with another Tier 1 or Tier 2 document from the parent guardian.
   

Per Florida Statute 1009.21(3)(c)2, the documents may include one of the following:

1. A declaration of domicile in Florida.
2. A Florida professional or occupational license.
3. A Florida incorporation.
4. Proof of membership in a 501C Florida-based charity or professional organization registered with the State of Florida.
5. Any other documentation that supports the request for resident status, including a lease, notarized letter of housing, or an official state, federal, or court ordered transfer of legal ties to Florida.

Residency documentation is subject to validation through State of Florida databases.

Florida Statute 1009.21 also provides for the following persons to be classified as a Florida resident for tuition purposes.

• Students who were enrolled in a Florida public postsecondary institution and classified as a resident for tuition purposes within the last 12 months as evidenced and noted on their official transcript.
• Active duty members of the Armed Services of the United States residing or stationed in this state, and their spouses and dependent children; active drilling members of the Florida National Guard.
• Full-time instructional and administrative personnel employed by Florida public schools and institutions of higher education and their spouses and dependent children.
• Qualified beneficiaries of the Florida Pre-Paid College Program as defined in F.S. 1009.98(2), unless otherwise eligible by the guidelines set herein.
• Full-time employees of state agencies/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.

In addition to the Florida Statute exceptions, Florida Administrative Code Rule 6A-10.044(1)(a) provides classification as a Florida resident for tuition purposes for a dependent student who attended a Florida high school for a minimum of two (2) academic years immediately preceding his or her initial enrollment at IRSC and who graduated from a Florida high school or earned a State of Florida High School Diploma within the last twelve (12) months. For this exception, the student's high school transcript or their State of Florida High School Diploma transcript is one evidence of Florida residency, and at least one (1) additional document identified in F.S. Sect.1009.21(3)(c)1. or 1009.21(3)(c)2., F.S., must be presented evidencing parental legal residence.

Per Florida Administrative Code Rule 6A-10.044(2), a student who is classified as a nonresident for tuition purposes may become eligible for reclassification as a resident for tuition purposes by presenting a minimum of three (3) documents identified in Section 1009.21(3)(c)1. or 1009.21(3)(c)2., F.S., that convincingly demonstrate the establishment of permanent legal residence in Florida other than for the sole purpose of pursuing a postsecondary education. Documentation must demonstrate that the claimant has maintained legal residence in Florida for a least twelve (12) consecutive months prior to the request for reclassification. The documentation must include at least one document from F.S. Sect.1009.21(3)(c)1., plus two additional documents from either F.S. Sect.1009.21(3)(c)1. or 1009.21(3)(c)2. 

A person who is classified as a non-resident for tuition purposes and who marries a legal resident of the state or marries a person who becomes a legal resident of the state may, upon becoming a legal resident of the state, become eligible for reclassification as a resident for tuition purposes upon submitting evidence of his or her own legal residency in the state, evidence of his or her marriage to a person who is a legal resident of the state, and evidence of the spouse's legal residence in the state for at least 12 consecutive months immediately preceding the application for reclassification. 

A student who requests resident status but provides information or documentation that is inconsistent with other areas of his or her application may not meet the eligibility requirements for Florida residency for tuition purposes. In evaluating documentary evidence, there must be an absence of information that contradicts the student's claim of resident status. Possession of legal tie to any other state (i.e., driver license, vehicle registration) may preclude the student from being classified as a Florida resident for tuition purposes.

A student who is otherwise unable to qualify as a Florida resident for tuition purposes by the guidelines set herein, may submit a Residency Petition for In-state Tuition to the Residency Appeals Committee in the Student Records Department. The student must include documentation evidencing the grounds on which the appeal for residency for tuition purposes is based. Petition forms are available at any campus. The Residency Appeals Committee will render a final residency determination in writing that includes the reason for the determination.

An applicant should be aware that a false statement regarding residency status is punishable as a misdemeanor under Section 837.06, Florida Statutes.

ADDITIONAL RESOURCES

Florida Statute 1009.21 is located at http://www.flsenate.gov/Laws/Statutes/2013/1009.21.

Florida Administrative Code Rule is located at http://www.flrules.org/gateway/ruleNo.asp?id=6A-10.044

Florida State Residency Guidelines are located at www.flvc.org under the "apply" link.

For additional questions about residency, please contact Student Records at (772) 462-7460.