House of Representatives Staff Analysis — PCS for HB 767, Resident Status for Tuition Purposes (Subcommittee)

Summary

A House of Representatives staff analysis of PCS for HB 767, Resident Status for Tuition Purposes, sponsored by the Postsecondary Education & Workforce Subcommittee and dated 1/23/2024. The summary analysis says the PCS provides that an individual classified as a resident for tuition purposes may not lose that status solely by reason of incarceration in a state or federal correctional facility in this state. It states that the PCS's fiscal impact is indeterminate and that the PCS is effective July 1, 2024. The current-situation section gives the statutory resident undergraduate tuition rate for the SUS as $105.07 per credit hour and describes how residency is documented.

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Full text

                                  HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #:     PCS for HB 767 Resident Status for Tuition Purposes
SPONSOR(S): Postsecondary Education & Workforce Subcommittee
TIED BILLS: None. IDEN./SIM. BILLS: SB 62

    REFERENCE                                                   ACTION                  ANALYST            STAFF DIRECTOR or
                                                                                                           BUDGET/POLICY CHIEF

    Orig. Comm.: Postsecondary Education &                                              Kiner              Kiner
       Workforce Subcommittee

                                                SUMMARY ANALYSIS
The PCS provides that an individual who has met the requirements to be classified as a resident for tuition
purposes may not lose his or her resident status for tuition purposes solely by reason of incarceration in a state
or federal correctional facility in this state.

The PCS’s fiscal impact is indeterminate.

The PCS is effective July 1, 2024.




This docum ent does not reflect the intent or official position of the bill sponsor or House of Representatives .
STORAGE NAME: pcs0767.PEW
DATE: 1/23/2024
                                               FULL ANALYSIS

                                         I. SUBSTANTIVE ANALYSIS

    A. EFFECT OF PROPOSED CHANGES:
         Current Situation

         Tuition and Out-of-State Fees

         Under Florida law, ‘tuition’ is defined as the basic fee charged to a student for instruction
         provided by a public postsecondary educational institution in the state.1 A student who is
         classified as a ‘resident for tuition purposes’ is a student who qualifies for the in-state tuition
         rate.2 The resident undergraduate tuition rate for the SUS is currently set in statute at $105.07
         per credit hour.3 For baccalaureate degree programs offered at a Florida College System
         institution, the statutory resident tuition rate is $91.79 per credit hour. 4

         An ‘out-of-state fee’ is the additional fee for instruction provided by a public postsecondary
         education institution in the state, and is charged to a student who does not qualify for the in-
         state tuition rate.5 Across the State University System, for the 2023-24 academic year, the
         average out-of-state tuition and out-of-state fees was $570.01, per credit hour. Across the
         Florida College System, for the 2022-23 academic year, the weighted average of out-of-state
         fees for lower level credit programs is $240.24, per credit hour. Residents for tuition purposes
         are charged the statutory rates for tuition while non-residents pay out-of-state fees in addition
         to tuition, unless these costs are exempted or waived.

         Establishing Residency Status for Tuition Purposes

         With respect to tuition and fees at public postsecondary institutions, a legal Florida resident is
         someone who has maintained his or her residence in the state for the preceding year, has
         purchased a home which is occupied by him or her as his or her residence, or has established
         a domicile in this state.6 To be clear, such residency must be bona fide and not for the sole
         purpose of enrollment at the institution. If the person is a dependent child, his or her parent (or
         guardian) must meet this requirement.

         Currently, residency must be documented by at least one of the following: voter registration
         card; driver license/identification card; vehicle registration; proof of homestead exemption or
         permanent residence; high school transcript (multiple years; diploma earned w/in last 12
         months); or proof of permanent employment (30+ hours/week for 12+ months). Additionally,
         one of the following must also be evidenced: declaration of domicile; professional or
         occupational license; business incorporation; documentation of family ties; membership in
         Florida-based charitable or professional organization; any other supporting documentation
         supporting residency (utility bills, etc.).


         Effect of Proposed Changes



1 s. 1009.01(1), F.S.
2 s. 1009.21(1)(g), F.S.
3 s. 1009.24(4)(a), F.S.
4 s. 1009.23(3)(b), F.S.
5 s. 1009.01(2), F.S.
6 s. 1009.21(1)(d), F.S.
STORAGE NAME: pcs0767.PEW                                                                             PAGE: 2
DATE: 1/23/2024
       The PCS provides that an individual who has met the requirements to be classified as a resident for
       tuition purposes may not lose his or her resident status for tuition purposes solely by reason of
       incarceration in a state or federal correctional facility in this state.

   B. SECTION DIRECTORY:
       Section 1:     Provides that a person may not lose his or her resident status for tuition purposes due to
                      incarceration

       Section 2:     Provides an effective date.

                         II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT

   A. FISCAL IMPACT ON STATE GOVERNMENT:

       1. Revenues:
           See fiscal comments.

       2. Expenditures:
           See fiscal comments.

   B. FISCAL IMPACT ON LOCAL GOVERNMENTS:

       1. Revenues:
           See fiscal comments.

       2. Expenditures:
           See fiscal comments.

   C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:
       See fiscal comments.

   D. FISCAL COMMENTS:
       The PCS’s fiscal impact is indeterminate.

                                               III. COMMENTS

   A. CONSTITUTIONAL ISSUES:

       1. Applicability of Municipality/County Mandates Provision:
          N/A.

       2. Other:
          None.

   B. RULE-MAKING AUTHORITY:
       None.

   C. DRAFTING ISSUES OR OTHER COMMENTS:
       None.

                         IV. AMENDMENTS/COMMITTEE SUBSTITUTE CHANGES
       Not applicable.
STORAGE NAME: pcs0767.PEW                                                                                PAGE: 3
DATE: 1/23/2024
STORAGE NAME: pcs0767.PEW   PAGE: 4
DATE: 1/23/2024


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