FL Stat § 1009.26 (2021)
2021 Florida Statutes|Title XLVIII - Early Learning-20 Education Code|Chapter 1009 - Educational Scholarships, Fees, and Financial Assistance|Part II - Postsecondary Student Fees (Ss. 1009.21-1009.30)|1009.26 - Fee waivers.

1009.26 Fee waivers.—(1) School districts and Florida College System institutions may waive fees for any fee-nonexempt student. The total value of fee waivers granted by the school district or Florida College System institution may not exceed the amount established annually in the General Appropriations Act. Any student whose fees are waived in excess of the authorized amount may not be reported for state funding purposes. Any school district or Florida College System institution that waives fees and requests state funding for a student in violation of the provisions of this section shall be penalized at a rate equal to 2 times the value of the full-time student enrollment reported.(2) A state university may waive any or all application, tuition, and related fees for persons who supervise student interns for a state university.(3) A university board of trustees is authorized to permit full-time university employees who meet academic requirements to enroll for up to 6 credit hours of tuition-free courses per term on a space-available basis.(4) A state university may waive any or all application, tuition, and related fees for persons 60 years of age or older who are residents of this state and who attend classes for credit. No academic credit shall be awarded for attendance in classes for which fees are waived under this subsection. This privilege may be granted only on a space-available basis, if such classes are not filled as of the close of registration. A university may limit or deny the privilege for courses which are in programs for which the Board of Governors has established selective admissions criteria. Persons paying full fees and state employees taking courses on a space-available basis shall have priority over those persons whose fees are waived in all cases where classroom spaces are limited.(5) Any graduate student enrolled in a state-approved school psychology training program shall be entitled to a waiver of registration fees for internship credit hours applicable to an internship in the public school system under the supervision of a Department of Education certified school psychologist employed by the school system.(6) A university board of trustees may waive the out-of-state fees for nondegree-seeking students enrolled at a state university if the earned student credit hours generated by such students are nonfundable and the direct cost for the program of study is recovered from the fees charged to all students.(7) The spouse of a deceased state employee is entitled, when eligible for the payment of student fees by the state as employer pursuant to s. 440.16, in lieu of such payment, to a full waiver of student fees for up to 80 semester hours in any Florida College System institution.(8) A state university, a Florida College System institution, a career center operated by a school district under s. 1001.44, or a charter technical career center shall waive tuition for undergraduate college credit programs and career certificate programs for each recipient of a Purple Heart or another combat decoration superior in precedence who:(a) Is enrolled as a full-time, part-time, or summer-school student in a program that terminates in an associate or a baccalaureate degree, a college credit certificate, or a career certificate;(b) Is currently, or was at the time of the military action that resulted in the awarding of the Purple Heart or other combat decoration superior in precedence, a resident of this state; and(c) Submits to the university, institution, or center the DD-214 form issued at the time of separation from service as documentation that the student has received a Purple Heart or another combat decoration superior in precedence. If the DD-214 is not available, other documentation may be acceptable if recognized by the United States Department of Defense or the United States Department of Veterans Affairs as documenting the award.Such a waiver for a Purple Heart recipient or recipient of another combat decoration superior in precedence shall be applicable for 110 percent of the number of required credit hours of the degree or certificate program for which the student is enrolled.(9) Each university board of trustees is authorized to waive tuition and out-of-state fees for purposes that support and enhance the mission of the university. All fees waived must be based on policies that are adopted by university boards of trustees pursuant to regulations adopted by the Board of Governors. Each university shall report the purpose, number, and value of all fee waivers granted annually in a format prescribed by the Board of Governors.(10) A state university or Florida College System institution may waive tuition and fees for a classroom teacher, as defined in s. 1012.01(2)(a), who is employed full-time by a school district and who meets the academic requirements established by the Florida College System institution or state university for up to 6 credit hours per term on a space-available basis in undergraduate courses approved by the Department of Education. Such courses shall be limited to undergraduate courses related to special education, mathematics, or science. The waiver may not be used for courses scheduled during the school district’s regular school day. The State Board of Education shall adopt a rule that prescribes the process for the approval of courses by the department.(11) A Florida College System institution may waive any portion of the tuition, the activity and service fee, the financial aid fee, the technology fee, the capital improvement fee, and distance learning fee for the purpose of offering a baccalaureate degree for state residents for which the cost of tuition and the fees specified in this subsection does not exceed $10,000 for the entire degree program. Waivers provided pursuant to this subsection shall be applicable for upper-level courses not to exceed 100 percent of the number of required credit hours of the baccalaureate degree program for which the student is determined eligible.(12)(a) A state university, a Florida College System institution, a career center operated by a school district under s. 1001.44, or a charter technical career center shall waive out-of-state fees for students, including, but not limited to, students who are undocumented for federal immigration purposes, who meet the following conditions:1. Attended a secondary school in this state for 3 consecutive years immediately before graduating from a high school in this state;2. Apply for enrollment in an institution of higher education within 24 months after high school graduation; and3. Submit an official Florida high school transcript as evidence of attendance and graduation.(b) Tuition and fees charged to a student who qualifies for the out-of-state fee waiver under this subsection may not exceed the tuition and fees charged to a resident student. The waiver is applicable for 110 percent of the required credit hours of the degree or certificate program for which the student is enrolled. Each state university, Florida College System institution, career center operated by a school district under s. 1001.44, and charter technical career center shall report to the Board of Governors and the State Board of Education, respectively, the number and value of all fee waivers granted annually under this subsection. By October 1 of each year, the Board of Governors for the state universities and the State Board of Education for Florida College System institutions, career centers operated by a school district under s. 1001.44, and charter technical career centers shall annually report for the previous academic year the percentage of resident and nonresident students enrolled systemwide.(c) A state university student granted an out-of-state fee waiver under this subsection must be considered a nonresident student for purposes of calculating the systemwide total enrollment of nonresident students as limited by regulation of the Board of Governors. In addition, a student who is granted an out-of-state fee waiver under this subsection is not eligible for state financial aid under part III of this chapter and must not be reported as a resident for tuition purposes.(d) A state university, a Florida College System institution, a career center operated by a school district under s. 1001.44, or a charter technical career center shall, within the nonresident student enrollment systemwide, prioritize the enrollment of a veteran who is granted an out-of-state fee waiver pursuant to the Congressman C.W. “Bill” Young Tuition Waiver Act over a student who is granted an out-of-state fee waiver under this subsection.(13)(a) There is established the Congressman C.W. “Bill” Young Veteran Tuition Waiver Program. A state university, Florida College System institution, career center operated by a school district under s. 1001.44, or charter technical career center shall waive out-of-state fees for a person who is:1. An honorably discharged veteran of the United States Armed Forces, the United States Reserve Forces, or the National Guard who physically resides in this state while enrolled in the institution; or2. Entitled to and uses educational assistance provided by the United States Department of Veterans Affairs for a quarter, semester, or term beginning after July 1, 2015, who physically resides in this state while enrolled in the institution.(b) Tuition and fees charged to a student who qualifies for the out-of-state fee waiver under this subsection may not exceed the tuition and fees charged to a resident student.(c) Each state university, Florida College System institution, career center operated by a school district under s. 1001.44, and charter technical career center shall report to the Board of Governors and the State Board of Education, respectively, the number and value of all fee waivers granted annually under this subsection.(d) The Board of Governors and the State Board of Education shall respectively adopt regulations and rules to administer this subsection.(e) This subsection may be cited as the “Congressman C.W. ‘Bill’ Young Veteran Tuition Waiver Act.”(14)(a) A state university, Florida College System institution, career center operated by a school district under s. 1001.44, or charter technical career center shall waive out-of-state fees for a person who is an active duty member of the Armed Forces of the United States residing or stationed outside of this state.(b) Tuition and fees charged to a student who qualifies for the out-of-state fee waiver under this subsection may not exceed the tuition and fees charged to a resident student.(c) Each state university, Florida College System institution, career center operated by a school district under s. 1001.44, and charter technical career center shall report to the Board of Governors and the State Board of Education, respectively, the number and value of all fee waivers granted annually under this subsection.(d) The Board of Governors and the State Board of Education shall respectively adopt regulations and rules to administer this subsection.(15) A Florida College System institution may waive any portion of the student activity and service fee, the financial aid fee, the technology fee, the capital improvement fee, and any other fees authorized in s. 1009.23 for a person who is an active duty member of the Armed Forces of the United States using military tuition assistance provided by the United States Department of Defense. Each Florida College System institution shall report to the State Board of Education the number and value of all fee waivers granted annually under this subsection.(16) A Florida College System institution that serves counties directly impacted by a hurricane, and whose enrollment decreases by more than 10 percent as a result of such impacts, is authorized to waive out-of-state fees for the purpose of recruiting students for a period of 3 years, beginning 180 days after the date on which the hurricane directly impacted the counties served by the Florida College System institution.(a) A student who qualifies for the waiver under this subsection is eligible to receive the waiver for up to 110 percent of the number of required credit hours of the degree or certificate program for which the student is enrolled. However, he or she may not disenroll from the institution for more than one semester.(b) Each Florida College System institution shall report to the State Board of Education the number and value of all fee waivers granted annually under this subsection.(c) Out-of-state students enrolled under the fee waiver granted under this subsection may not be included in the enrollment totals for these institutions by the Education Estimating Conference on Florida College System Enrollment.(17)(a) Each state university, Florida College System institution, career center operated by a school district under s. 1001.44, and charter technical career center under s. 1002.34 shall waive the transcript fee for a person who is an active duty member or an honorably discharged veteran of the United States Armed Forces and his or her spouse and dependents.(b) Each state university, Florida College System institution, career center operated by a school district under s. 1001.44, and charter technical career center under s. 1002.34 shall report to the Board of Governors and the State Board of Education, respectively, the number and value of fee waivers granted annually under this subsection.(c) The Board of Governors and the State Board of Education shall adopt regulations and rules, respectively, to administer this subsection.(18)(a) Beginning with the 2021-2022 academic year, for every course in a Program of Strategic Emphasis, as identified in subparagraph 3., in which a student is enrolled, a state university shall waive 100 percent of the tuition and fees for an equivalent course in such program for a student who:1. Is a resident for tuition purposes under s. 1009.21.2. Has earned at least 60 semester credit hours towards a baccalaureate degree within 2 academic years after initial enrollment at a Florida public postsecondary institution.3. Enrolls in one of eight Programs of Strategic Emphasis as adopted by the Board of Governors. The Board of Governors shall adopt eight Programs of Strategic Emphasis in science, technology, engineering, or math for which a student may be eligible to receive the tuition and fee waiver authorized by this subsection. The programs identified by the board must reflect the priorities of the state and be offered at a majority of state universities.(b) A waiver granted under this subsection is applicable only for upper-level courses and up to 110 percent of the number of required credit hours of the baccalaureate degree program for which the student is enrolled.(c) Upon enrollment in a Program of Strategic Emphasis, the tuition and fees waived under this subsection must be reported for state funding purposes under ss. 1009.534 and 1009.535 and must be disbursed to the student. The amount disbursed to the student shall be equal to the award amount the student has received under s. 1009.534(2) or s. 1009.535(2).(d) Each state university shall report to the Board of Governors the number and value of all waivers granted annually under this subsection. A state university in compliance with this subsection may earn incentive funding, subject to appropriation, in addition to the funding provided under s. 1001.92.(e) The Board of Governors shall adopt regulations to administer this subsection.(19) The State University Free Seat Program is created to encourage veterans, active duty members of the United States Armed Forces, active drilling members of the Florida National Guard, and nontraditional students to enroll in an online baccalaureate degree program at a state university. Fee waivers granted pursuant to this subsection may not exceed 1,000 students systemwide each academic year.(a) A state university shall waive the tuition and fees for one online course for a student who is a resident for tuition purposes under s. 1009.21, has not previously earned a bachelor’s degree, and is enrolled in an online baccalaureate degree program, provided the student meets one of the following eligibility requirements:1. Is a veteran as defined in s. 1.01(14);2. Is an active duty member of the United States Armed Forces;3. Is an active drilling member of the Florida National Guard; or4. Has not been enrolled in a postsecondary institution for more than 5 years.(b) For all other courses in the program, a state university may not charge a student described in paragraph (a) more than 75 percent of the tuition rate as specified in s. 1009.24(4) and 75 percent of the tuition differential pursuant to s. 1009.24(16), if the student remains enrolled at least part-time in the program during each academic year.(c) A student who qualifies for the tuition discount under paragraph (b) is eligible to receive the discount for up to 110 percent of the number of required credit hours of the degree program for which the student is enrolled.(d) Each state university shall report annually to the Board of Governors the number and value of all fee waivers granted under this subsection during the previous 12-month period.(e) The Board of Governors shall adopt regulations to administer this subsection.(20)(a) Beginning with the 2022-2023 academic year, a state university shall waive the out-of-state fee for a student who:1. Has a grandparent who is a legal resident as defined in s. 1009.21(1). For purposes of this subsection, the term “grandparent” means a person who has a legal relationship to a student’s parent as the natural or adoptive parent or legal guardian of the student’s parent.2. Earns a high school diploma comparable to a Florida standard high school diploma, or its equivalent, or completes a home education program.3.a. Achieves an SAT combined score no lower than the 89th national percentile on the SAT;b. Achieves an ACT score concordant to the required SAT score in sub-subparagraph a., using the latest published national concordance table developed jointly by the College Board and ACT, Inc.; orc. If a state university accepts the Classic Learning Test (CLT) for admission purposes, achieves a CLT score concordant to the required SAT score specified in sub-subparagraph a., using the latest published scoring comparison developed by Classic Learning Initiatives.4. Beginning with students who initially enroll in the 2022 fall academic term and thereafter, enrolls as a full-time undergraduate student at a state university in the fall academic term immediately following high school graduation.(b) The waiver under this subsection is applicable for up to 110 percent of the number of required credit hours of the degree program for which the student is enrolled.(c) Before waiving the out-of-state fee, the state university shall require the student or the student’s parent, if the student is a dependent child, to provide a written declaration pursuant to s. 92.525(2) attesting to the student’s familial relationship to a grandparent who is a legal resident and any other corroborating documentation required by regulation of the Board of Governors. A state university is not required to independently verify the statements contained in each declaration if the signatory declares it to be true under the penalties of perjury as required by s. 92.525(2). However, the state university may refer any signed declaration suspected of containing fraudulent representations to law enforcement.(d) Each state university annually shall report to the Board of Governors the number and value of all fee waivers granted under this subsection during the previous 12-month period.(e) Beginning with students who initially enroll for the 2022-2023 academic year or thereafter, a state university shall, within the nonresident student enrollment systemwide, prioritize the enrollment of a student who is granted a fee waiver under this subsection over an out-of-state student who is not eligible for an out-of-state fee waiver if the students have substantially similar academic and other credentials used in determining admission to the state university.(f) Fee waivers granted pursuant to this subsection may not exceed 350 students systemwide each academic year.(g) The Board of Governors shall adopt regulations to administer this subsection.History.—s. 405, ch. 2002-387; s. 1, ch. 2006-233; s. 134, ch. 2007-217; s. 3, ch. 2009-123; s. 22, ch. 2010-78; s. 1, ch. 2010-219; s. 120, ch. 2011-5; s. 15, ch. 2011-63; s. 56, ch. 2013-27; s. 36, ch. 2014-1; s. 5, ch. 2014-62; s. 1, ch. 2015-76; s. 1, ch. 2016-136; s. 3, ch. 2016-142; s. 1, ch. 2018-8; s. 1, ch. 2019-124; s. 2, ch. 2020-80; s. 4, ch. 2021-232.