Florida Residency Statute allows U.S. citizens and lawful permanent residents to be classified as a Florida resident for tuition purposes if the applicant or the dependent applicant's parent/legal guardian has been a legal resident of the State for at least 12 months preceding the first day of classes of the term for which Florida residency is sought.

Resident Claim All-Florida
The "All-Florida" student was created to expedite the review of Residency Statements from students whose residency information and educational histories indicate Florida exclusively. A student does not claim "All-Florida" on the Residency Statement. Rather, this is a procedural mechanism for the process of initial classification.
Criteria and required documentation for the All-Florida resident status are indicated on the Residency Statement. All-Florida students are not required to submit copies of their qualifying Florida documents unless there is inconsistent information or questionable documentation. The criteria are as follows:

Criteria for Independent Student All-Florida
Students reviewed for All-Florida resident status as an independent person (see independent definition as stated in section 3.1) must meet all of the following criteria:

1. The student's nation of citizenship is the United States;
2. The student is 24 years of age or over;
3. The student's permanent address is a Florida address;
4. The high school from which the student graduated is a Florida high school;
5. Every community college or university the student has attended is located in the State of Florida; and
6. The student provides written or electronic verification that he or she has been issued two of the following three Florida documents that are dated more than 12 months old: a voter's registration, a driver's license or a vehicle registration.

1. The student is eligible to be claimed by his or her parent or legal guardian as a dependent under the federal income tax code;
2. The student's nation of citizenship is the United States;
3. The student is under 24 years of age;
4. The student's mother, father or legal guardian is the person claiming Florida residence;
5. The student's mother, father or legal guardian claiming Florida residence has a Florida permanent legal address; and
6. The student's mother, father or legal guardian claiming Florida residence provides written or electronic verification that he or she has been issued two of the following three Florida documents that are dated more than 12 months old: a voter's registration, a driver's license, or a vehicle registration.

Documentary Evidence
If an applicant qualifies for a statutory residency exception or qualification, then appropriate documentation must be submitted to evidence entitlement to that exception or qualification. Such evidence is generally specific to the type of residency exception or qualification being claimed by the applicant.

If an applicant does not qualify for a statutory residency exception or qualification and is not an "All-Florida" student, he/she will have to submit documentation that he/she (or a parent or legal guardian if a dependent) has been a Florida resident for at least 12 months prior to the first day of classes for which the student is enrolling. 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, more than two 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.

First Tier (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 be relinquished)
  OR a State of Florida identification card (if evidence of no ties to another state)
• Florida voter registration card
• Florida vehicle registration
• Declaration of domicile in Florida (12 months from the date the document was sworn and subscribed as noted by the Clerk of Circuit Court)
• 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 permanent full-time employment in Florida (one or more jobs for at least 30 hours per week for a 12 month period)
• Benefit histories from Florida agencies or public assistance programs

• 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

Examples of "other" documentation:

• Utility bills and proof of 12 consecutive months of payments
• Lease agreement and proof of 12 consecutive months of payments
• State or court documents evidencing legal ties to Florida

• Hunting/fishing licenses
• Library cards
• Shopping club/rental cards
• Birth certificate
• Passport

Reclassification Application
The student who is classified as out-of-state and wants to request "reclassification" to in-state status must complete a Residency Statement at the higher education institution and submit to the appropriate office for consideration.

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 child, supports permanent residency in this state for 12 consecutive months. The individual, or his or her parent if that individual is a dependent child, must present documentation that substantiates residency in this state for the purpose of maintaining a bona fide domicile, rather than for the purpose of maintaining a mere temporary residence or abode incident to enrollment in an institution of higher education.

Therefore, the burden of proof is on the student to show: (1) residency in Florida for the requisite 12-month period; and (2) residency in the state was not merely temporary or incident to enrolling in a college or university located in Florida. Documentation for meeting the first requirement of reclassification is the same as for initial classification. Additional evidence or documentation may be required for meeting the second requirement of reclassification. Examples of evidence that may substantiate residency in this state for the purpose of maintaining a bona fide domicile may include:

• Student (or parent/legal guardian if dependent) is not enrolled full time in a Florida higher education institution during the previous 12 months.
• Student (or parent/legal guardian if dependent) has maintained a full-time permanent job in Florida during the previous 12 months. Full-time employment is considered one or more permanent jobs for a minimum of 30 hours a week.
• Student (or parent/legal guardian if dependent) was transferred to a full-time permanent job in Florida prior to initial enrollment as confirmed on corporate or organizational letterhead.
• Student (or parent/legal guardian if dependent) has an immediate relative (i.e., parent or child) who is currently living in Florida and who has resided in this state for the previous 12 months.
• Student (or parent/legal guardian if dependent) has purchased a home in Florida as primary residence (evidenced by a homestead exemption) prior to initial enrollment.
• Student (or parent/legal guardian if dependent) has received a military discharge and established residency in Florida prior to initial enrollment.
• Student (or parent/legal guardian if dependent) received social service benefits (e.g., disability) from the State of Florida during the previous 12 months.
• Student (or parent/legal guardian if dependent) lost their house or other domicile in another state due to severe natural disaster or crisis resulting in a state of emergency (e.g., hurricane or earthquake) that occurred prior to initial enrollment.

Definitions
The following definitions are provided for military terms used in the residency statute and rules.

United States Armed Services Includes active duty members of the Army, Air Force, Navy, Marines, and Coast Guard.

Florida National Guard Includes active members of the Florida National Guard who qualify under s. 250.10(7) and (8), FS, for the tuition assistance program.

Residency Protections and Exceptions/Qualifications for Military Personnel

Active duty military personnel and their spouses/dependents are afforded some residency qualifications, exceptions, and protections due to their unique circumstances.

• An individual shall not lose his or her resident status solely by reason of his/her service or parent's service in the Armed Forces outside this state. [s. 1009.21(7), FS]
• Active duty members of the Armed Services of the United States residing or stationed in Florida (and spouse/dependent children) and active duty members of the Florida National Guard who qualify under 250.10(7) and (8) shall be classified as residents. [s. 1009.21(10)(a), FS]
• 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). [s. 1009.21(10)(a), FS]
• Active duty members of the Armed Services of the United States and their spouses/dependent children attending a public community college or university within 50 miles of the military establishment where they are stationed, if such military establishment is within a county contiguous to Florida, shall be classified as residents. [s. 1009.21(10)(b), FS]

Additionally, statute provides some exceptions for civilian personnel affiliated with Department of Defense Schools, Canadian military personnel, and liaison officers from a foreign nation's military.

• United States citizens living outside the United States who are teaching at a Department of Defense Dependent School or in an American International School and who enroll in a graduate level education program which leads to a Florida teaching certificate shall be classified as residents.
• Active duty members of the Canadian military residing or stationed in this state under the North American Air Defense (NORAD) agreement, and their spouses and dependent children, attending a public community college or university within 50 miles of the military establishment where they are stationed, shall be classified as residents.
• Active duty members of a foreign nation's military who are serving as liaison officers and are residing or stationed in this state, and their spouses and dependent children, attending a community college or state university within 50 miles of the military establishment where the foreign liaison officer is stationed, shall be classified as residents.

Information Resources

• Air Force Personnel Center Students can download military orders or LES paperwork required for residency.
• Department of Education Information on Military Family Assistance Overview of services and benefits offered to military personnel and their families in Florida public schools and higher education institutions.