The Florida Senate
BILL ANALYSIS AND FISCAL IMPACT STATEMENT
(This document is based on the provisions contained in the legislation as of the latest date listed below.)
Prepared By: The Professional Staff of the Committee on Appropriations
BILL: CS/SB 1728
INTRODUCER: Education Committee and Senator Baxley and others
SUBJECT: Out-of-state Fee Waiver for Nonresident Students
DATE: April 14, 2021 REVISED:
ANALYST STAFF DIRECTOR REFERENCE ACTION
1. Westmark Bouck ED Fav/CS
2. Underhill Sadberry AP Favorable
Please see Section IX. for Additional Information:
COMMITTEE SUBSTITUTE - Substantial Changes
I. Summary:
CS/SB 1728 establishes an interstate compact and provides an out-of-state fee waiver, applicable
for up to 110 percent of the number of required credit hours of the enrolled degree program, for a
nonresident student who:
Is a United States citizen;
Has a grandparent who is a legal resident;
Earns the equivalent of a standard Florida high school diploma;
Achieves an SAT combined score no lower than the 89th national percentile or appropriate
concordant sore on the ACT or the Classic Learning Test; and
Enrolls as a full-time undergraduate student at a state university in the fall academic term
immediately following high school graduation.
The interstate compact is intended to increase access to postsecondary education to students with
families split across states, and to increase postsecondary educational choice, by providing a
reciprocity agreement between states. The interstate compact fee waiver may be applied when
the compact is enacted into law by two states. The bill also provides for state oversight of,
withdrawal from, and amendment to the compact.
The bill does not require a state appropriation. However, state universities will have reduced
revenues from out-of-state fees for each eligible student that enrolls at a Florida state university.
See Section V.
The bill has an indeterminate fiscal impact.
BILL: CS/SB 1728 Page 2
The bill takes effect July 1, 2021.
II. Present Situation:
Tuition and Out-of-State Fees
Tuition is the basic fee a student is charged for instruction provided by a public postsecondary
educational institution in Florida. An out-of-state fee is charged as an additional fee for a student
who does not qualify for the in-state tuition rate.1
Residency for Tuition Purposes
A legal resident of Florida for tuition purposes means one who has maintained his or her
residence in this state for the preceding year, has purchased and occupies a home as primary
residence, or has established a domicile in this state.2 For tuition purposes, a person who does not
qualify for the in-state tuition rate is considered a nonresident.3 Grandparents are unable to serve
as family members who are able to provide residency documentation for residency for tuition
purposes unless the grandparents are currently the student’s legal guardian or have had daily
supervision of the dependent student for the past three years.4
Unless costs are exempted or waived, residents for tuition purposes are charged the in-state rate
for tuition while nonresident students pay the out-of-state fees in addition to tuition.5 The in-state
tuition rate for Florida residents for the State University System (SUS) is currently set at $105.07
per credit hour.6 The average cost of resident and nonresident tuition and fees per credit is shown
in the table below.7
1
Section 1009.01(1) and (2), F.S. The in-state tuition rate is defined in s. 1009.21(1)(g), F.S.
2
Section. 1009.21(1)(d), F.S. To qualify as a resident for tuition purposes, a person or, if that person is a dependent child, his
or her parent or parents, must have established legal residence in this state and must have maintained legal residence in this
state for at least 12 consecutive months immediately prior to his or her initial enrollment in an institution of higher education.
Section 1009.21(2)(a)1., F.S.
3
Section 1009.21(1)(e), F.S. In general, nonresidents are ineligible for state merit- and need-based financial aid and tuition
assistance. Section 1009.40(1)(a)2., F.S. However, specified nonresident students may be eligible for a Benacquisto
Scholarship. Section 1009.893(4)(b), F.S.
4
Board of Governors, Senate Bill 1728 Agency Bill Analysis (March 4, 2021).
5
Section 1009.24(2), F.S.
6
Section 1009.24(4)(a), F.S.
7
State University System of Florida, Tuition and Required Fees, 2020-2021, available at https://www.flbog.edu/wp-
content/uploads/2020-2021-SUS-Tuition-and-Fees-Report-1.pdf, at 4.
BILL: CS/SB 1728 Page 3
State University Tuition & Fees
Undergraduate Standard Average Standard Average
Baccalaureate Tuition Tuition & Tuition Tuition &
(Per Credit Fees (Per 30 Credit Fees
Hour) (Per Credit Hours) (Per 30 Credit
Hour) Hours)
Resident $105.07 $199.72 $3,152.10 $5,991.79
Nonresident8 $105.07 $690.63 $3,152.10 $20,719.07
Difference - $490.91 - $14,727.28
The Board of Governors (BOG) of the SUS currently limits the systemwide enrollment of out-of-
state students to ten percent.9
Fee Waivers
Florida law provides for waivers from specified fees to certain students who meet identified
criteria.10 Some waivers are mandatory,11 while others are permissive.12 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 the
university board of trustees pursuant to BOG regulations.13 Each state university is required to
report the purpose, number, authority, and value of all fee waivers and exemptions granted
annually in a format prescribed by the BOG.14
Interstate Compacts
An interstate compact is an agreement between or among two or more states of the United States.
To become effective, it must be approved by those states’ respective legislatures and, depending
on the subject matter of the compact, consented to by Congress.15
Florida currently partners in a number of interstate compacts, including the Interstate Compact
on Mental Health,16 the Southeastern Interstate Forest Fire Protection Compact,17 the Interstate
8
The BOG may establish out-of-state fees. Section 1009.24(4)(b), F.S.
9
BOG Regulation 7.006. The total systemwide nonresident enrollment is currently at nine percent. Board of Governors,
Senate Bill 1728 Agency Bill Analysis (March 4, 2021).
10
Section 1009.26, F.S.
11
Section 1009.26 (5), (7)-(8), (12)-(14), F.S.
12
Section 1009.26 (1)-(4), (6), (9)-(11), (15)-(16), F.S.
13
Section 1009.26(9), F.S.
14
Board of Governors Regulation 7.008(5).
15
Library of Congress, Interstate Compacts: United States (June 2018), available at https://www.loc.gov/law/help/interstate-
compacts/us-interstate-compacts.pdf, at 1. Although the U.S. Constitution contains an express requirement for approval by
Congress of compacts between states, the U.S. Supreme Court has held that some agreements between states do not require
such congressional consent. Id. at 2. The Court in 1893 stated in Virginia v. Tennessee that congressional consent is required
only for a compact if it is “directed to the formation of any combination tending to the increase of political power in the
States, which may encroach upon or interfere with the just supremacy of the United States.” Virginia v. Tennessee, 148 U.S.
503, 519 (1893).
16
See s. 394.479, F.S.
17
See s. 590.31, F.S.
BILL: CS/SB 1728 Page 4
Insurance Product Regulation Compact,18 the Interstate Corrections Compact,19 The Regional
Compact for Southern States,20 and the Interstate Compact on Educational Opportunity for
Military Children.21
In addition, Florida also participates in a reciprocity agreement with other states for the delivery
of postsecondary distance education. Each member state or institution participating in a
reciprocity agreement must accept each other’s authorization of accredited institutions to operate
in their state to offer distance educational services beyond state boundaries.22
High School Graduation and College Entrance Requirements
High School Diploma Requirements
Receipt of a standard high school diploma requires successful completion of 24 credits, an
International Baccalaureate curriculum, or an Advanced International Certificate of Education
curriculum. In order to graduate from a Florida high school with a standard high school diploma
under a 24-credit option, a student must complete:
Four credits in English Language Arts;
Four credits in mathematics, including one credit in Algebra I and one credit in Geometry;
Three credits in science, of which two credits must have a laboratory component;
Three credits in social studies, comprised of one credit in United States History, one credit in
World History, one-half credit in economics, and one-half credit in United States
Government;
One credit in fine or performing arts, speech and debate, or practical arts;
One credit in physical education; and
Eight credits in electives.23
Home Education Program
A home education program in Florida means the sequentially progressive instruction of a student
directed by his or her parent in order to satisfy attendance requirements specified in law.24
Students completing a home education program satisfy the state university admissions
requirement that a student earn a high school diploma or equivalent, but each university may
require additional documentation to verify eligibility.25
18
See s. 626.9932, F.S.
19
See s. 941.56, F.S.
20
Sections 1000.31 and 1000.32, F.S. The Regional Compact created the Southern Regional Education Board.
21
Section 100.39, F.S. The Interstate Compact on Educational Opportunity for Military Children is scheduled for repeal on
July 1, 2022, unless reviewed and saved from repeal through reenactment by the Legislature. Section 1000.40, F.S.
22
Section 1000.35, F.S.
23
Section 1003.4282(1)(a) and (3), F.S. A student who completes the Career and Technical Education Pathway is not
required to complete one credit in fine or performing arts, speech and debate, or practical arts; one credit in physical
education, and eight credits in electives. Section 1002.4282(11), F.S. A student who completes the 18-credit Academically
Challenging Curriculum to Enhance Learning (ACCEL) option under s. 1002.3105, F.S., is not required to complete the
physical education or elective requirements. A student with a disability may satisfy standard high school diploma options as
specified in the students individual education plan. Section 1003.4282(10), F.S.
24
Section 1002.01(1), F.S.
25
Board of Governors Regulation 6.002(1)(d).
BILL: CS/SB 1728 Page 5
College Entrance Exams
College entrance exams accepted by institutions of higher education in Florida include the SAT,
the ACT, and the Classic Learning Test (CLT).26
The SAT is comprised of sections that assess skills in reading, writing and language, math, and
analysis in science.27 Income-eligible SAT takers receive college application fee waivers and all
students can select to receive free information about admission and financial aid from colleges,
universities, and scholarship programs.28 Nationally, close to 2.2 million students in the class of
2020 took the SAT.29
The ACT contains multiple-choice tests in four areas: English, mathematics, reading, and
science.30 Nearly 1.8 million graduates in the United States took the ACT during high school.31
The CLT is an online college entrance exam that assesses English, mathematical, and critical
reasoning skills.32 The CLT is taken online and offers scoring within 24 hours.33 As of 2019,
about 21,000 students took the CLT.34
III. Effect of Proposed Changes:
The bill modifies s. 1009.26, F.S., to specify that a state university must waive the out-of-state
fee for a nonresident student who meets all of the following criteria:
Is a United States citizen.
Has a grandparent who is a legal resident.
Earns a high school diploma comparable to a standard Florida high school diploma, or its
equivalency, or completes a home education program.
Achieves an SAT combined score no lower than the 89th national percentile on the SAT;
achieves an ACT score concordant to the required SAT score as specified, using the latest
published national concordance table developed jointly by the College Board and ACT, Inc.;
or if a state university accepts the Classic Learning Test (CLT) for admission purposes,
achieves a CLT score concordant to the required SAT score as specified, using the latest
published scoring comparison developed by Classic Learning Initiatives.35
26
Board of Governors Regulation 6.002 requires first-time, degree-seeking students to provide an ACT, Inc. or SAT score for
admission purposes.
27
CollegeBoard, SAT Test Description, https://collegereadiness.collegeboard.org/sat/inside-the-test/sat-test-description (last
visited March 10, 2021).
28
CollegeBoard, Benefits, https://collegereadiness.collegeboard.org/about/benefits (last visited March 10, 2021).
29
CollegeBoard SAT Suite of Assessments Annual Report (2020), available at https://reports.collegeboard.org/pdf/2020-total-
group-sat-suite-assessments-annual-report.pdf, at 3.
30
ACT, The ACT Test, http://www.act.org/content/act/en/products-and-services/the-act.html (last visited March 10, 2021).
31
ACT, About ACT, https://www.act.org/content/act/en/about-act.html (last visited March 10, 2021).
32
CLT, Products, https://www.cltexam.com/products (last visited March 10, 2021).
33
CLT, CLT vs. SAT vs. ACT, https://www.cltexam.com/comparison (last visited March 19, 2021).
34
Scott Jaschik, The Classical Alternative to the SAT, Inside Higher Ed, Oct. 21, 2019, available at
https://www.insidehighered.com/admissions/article/2019/10/21/classic-learning-test-aims-challenge-
sat#:~:text=The%20test%20had%20more%20than,the%20same%20took%20the%20ACT.
35
The 89th percentile for the SAT is 1330. CollegeBoard, SAT: Understanding Scores (2020), available at
https://collegereadiness.collegeboard.org/pdf/understanding-sat-scores.pdf, at 5. This could be compared with the grade of 85
on the CLT. CLT, CLT vs. SAT vs. ACT, https://www.cltexam.com/comparison (last visited March 19, 2021). The ACT
BILL: CS/SB 1728 Page 6
Enrolls as a full-time undergraduate student at a state university in the fall academic term
immediately following high school graduation.36
For the fee waiver, the bill specifies that:
This waiver is applicable for up to 110 percent of the number of required credit hours of the
degree program for which the student is enrolled.37 Most SUS baccalaureate degree programs
are set at 120 credit hours, which would authorize the tuition discount for up to 132 credit
hours.
Prior to waiving the out-of-state fee, the state university must require the student, or the
student’s parent if the student is a dependent child, to provide a written declaration pursuant
to law38 verifying the student’s familial relationship to a grandparent who is a legal
resident.39
Each state university must report to the Board of Governors (BOG) the number and value of
all fee waivers granted annually.
A nonresident student granted an out-of-state fee waiver under this subsection must be
excluded from the limitation on systemwide total enrollment of nonresident students
established by regulation of the BOG, currently set at 10 percent.40
The BOG adopt regulations to administer the fee waiver.
The bill creates s. 1009.261, F.S., to establish an interstate compact specifying the purposes of
the grandchild out-of-state fees waiver compact are to: