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Protecting in-state tuition for imprisoned Floridians revisited after DeSantis veto

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Protecting in-state tuition for imprisoned Floridians revisited after DeSantis veto

By Jay Waagmeester
Protecting in-state tuition for imprisoned Floridians revisited after DeSantis veto
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Prison gate at a state prison. (Photo by Florida Department of Corrections)

Gov. Ron DeSantis vetoed a bill earlier this year that would have allowed Floridians to count time spent behind bars in qualifying for in-state tuition at public colleges and universities, despite overwhelming legislative support for the measure.

On Tuesday, the bill was reintroduced.

Rep. Jervonte Edmonds, a Democrat from West Palm Beach, filed HB 45, which would prohibit colleges and universities from denying in-state tuition to people who have been incarcerated and otherwise qualify for it.

To receive in-state tuition, students must maintain residence in Florida for at least 12 months immediately before entering a state college or university.

According to an analysis of last year’s bill introduced by Sens. Rosalind Osgood and Lauren Book, Florida law does not permit or prohibit schools from counting time spent in prison toward the 12-month requirement. Rather, institutions create their own policies for determining residency under these circumstances.

The analysis references examples of schools like Tallahassee Community College and St. Petersburg College, which ask students to prove residency for 12 months before incarceration.

This bill would prevent incarceration from being used against students for purpose of determining residency.

The bill passed the Florida Senate, 38-0, and Florida House, 109-5, this spring. Despite the bipartisan support, DeSantis vetoed the measure.

“Florida’s higher education system has ranked #1 in the country for nearly a decade, in part due to the state’s investment in our institutions over that same period. We should not reward criminal activity by providing inmates with the same benefits as law-abiding citizens,” DeSantis stated in his explanation of the veto.