Florida Residency Glossary
Florida Residency Glossary of terms.
Terms
Bona Fide Domicile - A person's predominant and principal state of residence and their place of abode that they recognize and intend to maintain as their permanent home.
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.
Dependent Student - A student, whether or not living with his or her parent, who is eligible to be claimed by his or her parent under the federal income tax code shall be classified as a dependent student. “Parent” means either or both parents of a student, any guardian of a student, or any person in a parental relationship to the student.”
Some individuals cannot be claimed as a dependent. Generally, a married person cannot be claimed as a dependent if they file a joint return with their spouse. Also, to claim someone as a dependent, that person must be a U.S. citizen, U.S. resident alien, U.S. national or resident of Canada or Mexico for some part of the year. There is an exception to this rule for certain adopted children. See IRS Publication 501, Exemptions, Standard Deduction, and Filing Information for additional tests to determine who can be claimed as a dependent.
In order to be considered a “qualifying child” or “dependent” for federal income tax code purposes, the following must be true:
- The child must be your son, daughter, or stepchild, foster child, brother, sister, half-brother, half-sister, stepbrother, stepsister, or a descendant of any of them.
- The child must be one of the following:
- under age 19 at the end of the year and younger than you (or your spouse, if filing jointly),
- under age 24 at the end of the year and a full-time student and younger than you (or your spouse, if filing jointly), or
- any age if permanently and totally disabled.
- The child must have lived with you for more than half of the year subject to IRS exceptions.
- The child must not have provided more than half of his/her own support for the year.
- The child is not filing a joint return for the year (unless that joint return is filed only as a claim for refund of withheld income tax or estimated tax paid).
Independent Student - 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 Forces1 or National Guard or Reserves for purposes other than training.
- At any time since the student turned age 13, where both of the student’s parents are
deceased, or the student is or was (until age 18) one of the following:
- a ward/dependent of the court or
- in foster care
- The student is determined to be an unaccompanied homeless youth by a school district homeless liaison, or by a staff member of an emergency shelter or transitional housing program.
- The student is working on a master’s or doctoral degree during the term for which residency status is sought at a Florida 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 in section 3.1 may be classified as an independent student only if he or she submits documentation that he or she provides more than fifty (50) percent of the cost of attendance for independent, in-state students as defined by the institution.
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.
Legal Ties - Documents showing legal ties to the state of Florida:
- Florida Driver's License
- Florida Voter's Registration Card
- Florida Vehicle Registration
- Florida Vehicle Title
- Declaration of Domicile
- Proof of Purchase of a Permanent Home in Florida that is occupied as primary residence
- Proof of Permanent Full-Time Employment
- Florida Professional or Occupational License
- Florida Incorporation
- Benefit Histories from Florida Agencies or Public Assistance Programs
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 or abode incident to enrollment in an institution of higher education.
Permanent Resident - A person who has been granted permanent resident status in the U.S. and has (or is waiting for) a Permanent Resident Card (identified as either Form I-151 or Form I-551). Is eligible to establish Florida residency for tuition purposes.
Non-Immigrant - A foreign national in a nonimmigrant visa classification that grants the person the legal ability to establish and maintain a bona fide domicile in the United States according to the United States Citizenship and Immigration Services (USCIS) may establish Florida residency for tuition purposes. The following visa categories grant the person the legal ability to establish and maintain a bona fide domicile in the United States according to USCIS: A, E, G, H-1B, H-1C (classification expires December 20, 2011), I, K, L, N, NATO 1-7, O-1, R, S, T, U, and V.
Parolee, asylee, Cuban-Haitian entrant, or other legal alien - A person who has been granted indefinite stay in the United States may establish Florida residency for tuition purposes.