ARTICLE
7 March 2025

Florida Ends In-State Tuition Benefits For Undocumented Students

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Phelps Dunbar LLP

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Phelps is a full-service Am Law 200 law firm, blending valuable traditions and progressive ideas to foster a culture of collaboration among our lawyers in Alabama, Florida, Louisiana, Mississippi, North Carolina, Tennessee, Texas, and London. The firm’s lawyers handle a broad range of sophisticated business needs regionally, nationally, and internationally.
On February 13, Florida Governor Ron DeSantis signed Senate Bill 2-C into law, which ends the eligibility of undocumented students in Florida to apply for a waiver...
United States Florida Consumer Protection

On February 13, Florida Governor Ron DeSantis signed Senate Bill 2-C into law, which ends the eligibility of undocumented students in Florida to apply for a waiver to pay in-state tuition to attend public colleges, universities, and career centers. This change will take effect on July 1.

Prior to the new law, "students who [were] undocumented for federal immigration purposes" in Florida were eligible to apply for waivers allowing them to pay in-state tuition for public colleges, universities, and career centers, provided the student met all of these conditions:

  • Attended a secondary school in Florida for three consecutive years immediately before graduating from a high school in Florida.
  • Applied for enrollment in an institution of higher education within 24 months after high school graduation.
  • Submitted an official Florida high school transcript as evidence of attendance and graduation.

Fla. Stat. § 1009.26(12)(a) which previously allowed "students who are undocumented for federal immigration purposes" to apply for the waiver, has been modified to now allow "students who are citizens of the United States or lawfully present in the United States" who meet the aforementioned conditions.

Students receiving a waiver under Fla. Stat. § 1009.26(12) must be reevaluated for eligibility beginning July 1.

These new measures align with Governor DeSantis's ongoing immigration policy initiatives. Phelps will continue to monitor developments related to Education.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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