8-06 Residency

POLICY: 6Hx28: 8-06
Responsible Executive: Vice President, Student Affairs
Policy Contacts: Registrar
Specific Authority: 1001.64
Law Implemented: 1001.64 and 1009.21, F.S.
Effective Date: 12-20-2005
Date of Last Policy Review: 01-30-2023

Policy Statement:

The District Board of Trustees and the President shall establish procedures governing the determination of student residency to promote compliance with Section 1009.21, F.S. for the purpose of assessing appropriate tuition and fees at Valencia College.

Policy History:

Adopted 12-11-74; Amended 1-19-83; Amended 12-12-84; Amended 11-18-92; Amended 12-20-05; Formerly 6Hx28:10-08; Formerly 6Hx28:10-06

Procedures:

1. In establishing Florida residency for purposes of assessing tuition and fees, the burden of proof rests with the applicant. Under the statue, an applicant can change his/her place of residence from another state to the state of Florida only by actually and physically coming into the state and establishing his/her residence with the intention of permanently residing within the state. The domicile or legal residence of the wife is that of the husband or the domicile or legal residence of the husband is that of the wife as determined by the couple and duly expressed in

   writing and the legal residence of a minor is that of the parents, parent, or legal guardian of his/her person.

    

   1. All applicants who are bona fide residents of Florida are required to complete a residency statement affidavit and to submit it with their application to Valencia College. Applicants who are not Florida residents may attend Valencia College and they are required to submit a residency document indicating legal state of residency. College tuition and fee assessments are based on the applicant's legal residence or the legal residence of his/her parents or legal guardian if the applicant is claimed as a dependent person.

       

   2. All applicants for non-credit courses and programs will be asked to sign a residency statement and will be deemed non Florida resident until appropriate documentation is submitted.

       

2. A bona fide Florida resident, for purpose of payment of tuition and fees to Valencia College, is defined:

    

   1. As a person who is a citizen of the United States or a permanent resident alien and

       

   2. Who as resided and has his/her habitation, domicile, home, and permanent abide in the state of Florida for at least twelve (12) months prior to the add/drop deadline of the term for which the student is seeking admissions.

       

3. Documents that may be used to verify residence include a valid Florida driver's license, a current Voter Registration Card, or a valid Florida Vehicle Registration each dated 12 months prior to the add/drop deadline of the term. Residence in Florida requires physical presence and must be for the purpose of establishing a permanent home and not merely incident to enrollment at an institution of higher education.

    

4. A non-Florida resident may apply in writing for reclassification prior to the end of the add/drop period for the term the student is claiming Florida Residency Status. To qualify for reclassification as a Florida resident, a person (or his/her parents or legal guardian) shall have resided in Florida for twelve (12) consecutive months prior to the start of the term and no later than the add/drop period the student is seeking reclassification of residency, and shall provide two of three documents for verification. Documents that may be used to verify residence include a valid Florida driver's license, a current Voter Registration Card, or a valid Florida Vehicle Registration. A Permanent Resident Alien (PRA) shall have resided in Florida for twelve (12) consecutive months prior to the start of the term the student is seeking reclassification and must present United States immigration and naturalization certification that he/she is a permanent resident alien or a legal alien granted indefinite stay. (USCIS requests by PRA must be supported by documented evidence from indicating affirmative adjudicatory of the PRA status by the Department of Justice.) Reclassification must take place prior to the end of the add/drop period each term.

    

5. The following exceptions shall also be treated as Florida residents for tuition purposes:

   1. A dependent person who parent or legal guardian has maintained legal residence in Florida for at least twelve (12) consecutive months prior to the start of the term for which the student is seeking admissions.

       

   2. Persons married to a legal Florida resident who intends to make Florida a permanent home.

       

   3. Active duty members of the armed services stationed in Florida (and spouse/dependent children) or military personnel not stationed in Florida whose home of record or state of legal residence certificate (DD Form 2058) is Florida (and spouse/dependent children).

       

   4. Full-time instructional and administrative personnel employed by the State public school system, community colleges and institutions of higher education (and spouse/dependent children).

       

   5. Dependent person who has resided with an adult relative (other than the parent) for the last five years and the adult relative is a legal Florida Resident.

       

   6. Persons who were enrolled as Florida residents for tuition purposes at a Florida institution f higher education, who abandoned Florida residency and then re-enrolled in Florida within twelve (12) months of the abandonment.

       

   7. Participants in the Latin American/Caribbean Scholars Program (copy of scholarship papers required).

       

   8. According to the United States Immigration and Naturalization Service, a permanent resident alien or other legal alien granted indefinite stay (USCIS documentation required) and have maintained domicile in Florida for at least twelve (12) consecutive months prior to the start of the term for which the student is seeking admissions.

       

   9. A qualified beneficiary under the terms of the Florida Pre-Paid Postsecondary Expense Program.

       

   10. A full time student participating in an international exchange institute.

        

6. Applicants who do not qualify as Florida students under these provisions will pay the non- Florida tuition and other charges required of non-Florida students.

    

7. Valencia College may deny college credits for work done by the student at this institution if it finds that the applicant has made false or fraudulent statements concerning his/her legal residence or his/her intention as to legal residence in connection with or supplement to his/her application for admission.

Procedure History:

Adopted 12-11-74; Amended 1-19-83; Amended 12-12-84; Amended 11-18-92; Amended 12-20-05; Formerly 6Hx28:10-08; Formerly 6Hx28:10-06

Date of Last Procedure Review: 01-30-2023