Immigration
higher education
tuition fairness
By
Alexis Tsoukalas, PhD
|
January 30, 2025

Deferring Dreams: The Costly Plan to Repeal Tuition Fairness for Florida Dreamers

Executive Summary

Legislation[1] was introduced during the January 2025 special legislative session that would repeal Florida’s tuition fairness law.[2] This law, which passed with bipartisan support in 2014, requires that colleges, universities, and postsecondary institutions waive out-of-state tuition for certain undocumented students who graduated high school in the state.

Also known as “Dreamers” after the federal DREAM Act, these young people were brought to the United States as children and often do not remember living in any other country. 

Florida Policy Institute found that by repealing HB 851, the state would lose revenue and other economic contributions of young immigrants. Specifically:

  • Over 6,500 Florida undergraduates benefitted from nonresident waivers in the 2023-24 academic year alone, and over 63,000 waivers have been granted since 2014.
  • Eliminating the waivers would mean Florida’s institutions, as a whole, could lose out on nearly $15 million in tuition and fees.[3]‍
  • Most out-of-state fee waivers are granted to college and university students, with a nominal number of technical college/charter career center attendees receiving them.

Repealing the state’s tuition fairness law would impede young immigrants’ ability to succeed, earn higher wages, and contribute further to Florida’s economic prosperity. 

Introduction 

The Florida Department of Education believes “Every [emphasis added] hard-working student deserves a real opportunity to earn an affordable, high-quality degree or credential that offers a clear path to civic engagement.”[4] Yet, Florida’s young immigrants who are undocumented face myriad barriers to higher education and economic prosperity. Also known as “Dreamers” after the federal DREAM Act, these young people were brought to the United States as children and often do not remember living in any other country. Florida’s 21,000-plus Dreamers[5] are ineligible for federal and state financial aid, making the cost of college insurmountable for most.

Fortunately, states have begun to recognize Dreamers’ potential by passing tuition equity laws for immigrants, regardless of documentation status. At least 25 states, plus the District of Columbia, now extend in-state tuition to their Dreamer population, including Florida.[6] Florida lawmakers have pushed to reverse this progress, as the Legislature passed a measure that would repeal the state’s tuition equity law, among numerous anti-immigrant measures.[7]

The Legislature considered repealing Florida’s tuition fairness law in 2023, but stiff pushback from advocates prevented it.[8] The 2014 law was intended to benefit Dreamers,[9] so with a few possible exceptions, waivers granted under this tuition equity policy impact young, undocumented students.

Under Florida law,[10] all institutions that grant nonresident waivers (a.k.a. out-of-state fee waivers) are required to report the number and value of waivers granted to the Florida Board of Governors (which oversees state universities) and Florida Department of Education (which oversees state colleges — also known as community colleges — and district postsecondary institutions). Thus, the waiver data reported are those granted under Florida’s 2014 tuition equity law and are referenced as Dreamer or nonresident waivers throughout this brief.

To determine the potential implications of such a repeal, Florida Policy Institute examined trends in nonresident waivers awarded to Florida’s Dreamer students since the law passed in 2014.

Thousands Have Benefitted From Tuition Fairness Since 2014

FPI received waiver data from 2014-15 to 2023-24 for Florida’s universities and community colleges. Only 2017-18 to 2021-22 data was available for district postsecondary institutions (DPIs), but DPIs grant very few waivers overall. Across Florida’s universities and community colleges, 6,850 Dreamers were granted out-of-state fee waivers, on average, from 2014-15 to 2023-24. In total, at least 63,103 waivers have been granted to Dreamers since the 2014 law passed. Most nonresident waivers go to community college students. A substantial, yet smaller number, go to university students, and hardly any go to district technical colleges/career centers. 

Universities (State University System)

State University System (SUS) data[11] show that 17,400 waivers have been granted to Dreamers so that they could pay in-state university tuition since 2014, an average of 1,740 students per academic year. (See Figure 1.) This includes 2,005 Dreamers in the most recent academic year (2023-24). 

Community Colleges (Florida College System)

Many more Dreamers attend state colleges than universities. Florida College System (FCS) data[12] show that 45,666 nonresident waivers have been granted to Dreamers since 2014, an average of 4,570 students per academic year. (See Figure 1.) This includes 4,573 Dreamers in the most recent academic year (2023-24), more than double the number of Dreamers granted university waivers.

Technical Colleges and Career Centers

The number of Dreamers paying in-state tuition with the waiver at Florida’s 52 technical colleges and career centers (i.e., district postsecondary institutions) is minuscule compared to their community college and university peers. An average of only seven Dreamers received district postsecondary institution (DPI) waivers from academic years 2017-18 to 2020-21 (data years available as of the date of publication), with the maximum reaching 11 in the 2018-19 academic year.

Nonresident Waivers are a Small Fraction of Total Waivers and Exemptions Granted

Nonresident waivers are only one of several kinds of tuition waivers and exemptions granted by the state of Florida. Other waivers include those aimed at veterans, dual-enrollment students, and non-residents whose grandparents are Florida residents, to name a few.[13] In 2023-24, of the 222,112 waivers and exemptions granted by the state’s universities and community colleges, only 6,578 were nonresident waivers, or just 3 percent of the total (See Figure 2.)

The Benefits of Tuition Equity are Substantial 

Educational outcomes

Without waivers, Dreamers would likely be locked out of higher education, therefore missing out on the increased spending power, opportunity to contribute their talents, and numerous other benefits that go along with a postsecondary degree. Florida would miss out on the increased educational attainment for its residents and the corresponding economic boost. Acknowledging the benefits of a credentialed workforce, Gov. Ron DeSantis in 2019 signed HB 7071, a workforce education bill that included the “SAIL to 60” initiative. SAIL to 60 establishes a goal for the state to raise the rate of working-age Floridians with a degree or high-value postsecondary certificate to 60 percent by 2030.[14] Moreover, at a time when enrollment in Florida’s 28-member college system remains 11 percent below pre-pandemic levels,[15] recognizing young immigrants’ contributions to higher education has never been more critical.

Nationally, 27 percent of undocumented graduate students have STEM undergraduate degrees; while the share is unknown for Florida, it is likely on par or higher, given Florida is one of the top three states for Dreamer students. [18] That number could drop if Florida repeals in-state tuition for Dreamers.

The Florida Board of Governors, which oversees the state university system, has prioritized the need for a more educated, specialized workforce in its recent strategic plan. To make this happen, the board highlights the need for more bachelor's degrees and additional STEM graduates in particular.[16]  STEM fields like architecture, engineering, information technology, and mathematics are just a few of the areas in which state business advocates point out ongoing shortages and a need for skilled, educated workers to fulfill industry roles.[17] Nationally, 27 percent of undocumented graduate students have STEM undergraduate degrees; while the share is unknown for Florida, it is likely on par or higher, given Florida is one of the top three states for Dreamer students. [18] That number could drop if Florida repeals in-state tuition for Dreamers.

Economic outcomes

Florida College System Revenue

Institutions would lose money if waivers were not provided, as fewer undocumented youth would enroll because they would not be able to afford the high cost of out-of-state rates.[19] In the 2023-2024 academic year alone, over 6,500 Florida Dreamers with a nonresident waiver paid $26.7 million in in-state tuition at state colleges and universities.

Among these, 4,573 students paid $14.7 million just to Florida’s colleges. (See Figure 3.)  Given the Florida College System (FCS)’s open enrollment policy, the state could lose nearly $15 million by denying Florida’s Dreamers nonresident fee waivers. Open enrollment, sometimes called open admissions, means that any person with a high school or general education degree can enroll — the institution is not “selective.” At a time when enrollment in Florida’s 28-member college system remains 11 percent below pre-pandemic levels, according to data from FY 2023-24, it is unlikely that over 4,500 new students would enroll to replace Dreamers barred from in-state tuition rates, as legislation proposes doing.[20]‍

Not only does receiving in-state tuition rates empower Dreamers to enroll in and complete degree programs that the state has prioritized[21] — it also leads to a more skilled and better-paid workforce overall. This allows working Floridians to become economically stable and secure. It also helps Florida businesses address key labor shortages,[22] and over time, stimulates local and state economies.

Earnings and Taxes

When the state gives young people — including immigrants without a documented status — better access to higher education, they earn more upon graduating each step of the way. Inflation-adjusted estimates of 2021-22 earnings data (latest available) shows that the average annual wage of a Florida high school graduate is just $39,000. Conversely, Floridians with a certificate, associate, or bachelor’s degree average $58,000, $60,000, and $69,000 each year, respectively. (See Figure 4.)

Moreover, despite not being granted citizenship or a documented immigration status (and most of the societal benefits that go along with those privileges), Florida’s undocumented immigrants contribute $1.8 billion annually in state and local taxes,[23] approximately $134.8 million of which is estimated to be from DACA-eligible and DACA-recipient youth.[24] Data also shows that while those without documentation have an average income of $33,900, DACA recipients earn $52,500 because of their increased work authorization and opportunities.[25] Thus, ensuring that all youth — no matter their immigration status — have access to higher education remains pivotal to Florida reaching its workforce goals. 

Dreamers Cannot Afford College Without In-State Tuition

In-state tuition, on average, is $8,500 to $15,000 cheaper than out-of-state tuition for Florida’s public colleges and universities, respectively. (See Figure 5.) Without nonresident fee waivers, Florida Dreamers would have few alternatives, forcing many to forego higher education entirely. An estimated 61 percent (467,000) of Florida’s 772,000 undocumented residents live in households with income below 200 percent of the federal poverty guidelines.[26] For one person, that equates to less than $31,300 per year. [27] Meanwhile, the average annual cost of out-of-state tuition at public universities in Florida is $21,000. Costs are even higher among many of the institutions that grant the most waivers to Dreamers. (See Figure 5.)

Despite their relative affordability compared to universities, college enrollment rates remain 11 percent lower than before the COVID-19 pandemic, meaning there are 36,161 fewer full-time enrollments.[28] Shutting out thousands of undocumented students — many of whom end up in STEM fields[29] that the state has identified as strategically important — will cost Florida revenue, skilled labor, and the unique contributions of these young Floridians.

Policy Recommendation

Florida continues to prioritize growing its competitive workforce and ensuring that the state attracts business, talent, and revenue to thrive. Pulling the rug out from under young immigrant high school graduates — who have been counting on in-state rates since the state passed tuition equity almost a decade ago — will further none of these state goals.

Instead of repealing tuition fairness and punishing Dreamer Floridians who cannot secure a path to citizenship until the federal government changes course, Florida should empower all its young people to thrive.

Methodology Notes 

The data throughout this analysis is relegated to Florida undergraduate programs and institutions since they are the focus of Florida Statute 1009.26(12) granting eligible immigrant students out-of-state fee waivers. Graduate students remain ineligible. The institutions included are Florida’s 12 universities, 28 colleges, and the state’s 52 district postsecondary institutions, which are primarily technical colleges. (See list in Appendix.) The levels of study considered were bachelor's and associate degrees, along with subbaccalaureate certificates.

Postsecondary Tuition and Fee Waivers

State University System (SUS) data is reported by the Florida Board of Governors (BOG); the Florida College System (FCS) and District Postsecondary Institution (DPI) data is reported by the Florida Department of Education. SUS data for 2019-20 to 2023-24 are available on the BOG dashboard, and FPI requested the data for academic years 2014-15 to 2018-19. FCS waiver data are readily available online, but the DPI data is not. FPI contacted the Florida Department of Division of Career, Technical, and Adult Education for 2014-15 to 2023-24 reports on the number of waivers granted under F.S. 1009.26(12) but did not receive the requested data before publication; however, prior data from 2017 to 2021 shows that DPI waivers comprise a small number of those granted to Dreamers (fewer than 10 annually).

It should also be noted that while it is assumed most students to benefit from the nonresident fee waiver under F.S. 1009.26(12) are Dreamers, the state does not track waiver use by immigration status, so a small number of nonresident waivers may have gone to students who are not undocumented. This includes the unduplicated headcount of students receiving waivers in each academic year but does not disaggregate students who may receive waivers across multiple years.

 

Notes

[1] For the regular legislative session, the Legislature filed Florida SB 90, “Postsecondary Out-of-State Fee Waivers” (2025) and Florida SB 244, “Postsecondary Education” (2025). The governor called for a special session, however: Executive Office of the Governor, “Governor Ron DeSantis Announces Proposals for Immigration Special Session,” January 15, 2025, https://www.flgov.com/eog/news/press/2025/governor-ron-desantis-announces-proposals-immigration-special-session. On January 28, 2025, the Florida Legislature passed its own measure, which also included language to repeal tuition fairness:  Florida SB 2-B, “Immigration (The TRUMP Act)” (2025).

[2] F.S. 1009.26(12).

[3] Alexis Tsoukalas and Esteban Leonardo Santis, “Ending Tuition Fairness Would be a Costly Mistake—for Families and Florida’s Higher Education Institutions,” January 15, 2025, https://www.floridapolicy.org/posts/ending-tuition-fairness-would-be-a-costly-mistake----for-families-and-floridas-higher-education-institutions.

[4] Florida Department of Education, “College and Textbook Affordability in the Florida College System, 2023,” November 2022, https://www.fldoe.org/core/fileparse.php/5659/urlt/CollegeTextAfford.pdf.

[5] As of its latest data (September 2024), Migration Policy Institute estimates there are 21,280 DACA recipients in Florida with another 53,000 Floridians who are immediately eligible for DACA; Migration Policy Institute, “DACA Recipients & Eligible Population, By State,” 2024, https://www.migrationpolicy.org/programs/data-hub/deferred-action-childhood-arrivals-daca-profiles.

[6] Tanya Broder, “Basic Facts About In-State Tuition For Undocumented Immigrant Students,” National Immigration Law Center, updated June 1, 2024, https://www.nilc.org/issues/education/basic-facts-instate/.

[7] Florida SB 2-B, “Immigration (The TRUMP Act)” (2025).

[8] Mitch Perry, “Meet the students fighting against a potential repeal of in-state tuition for FL Dreamers,” April 18, 2023, https://floridaphoenix.com/2023/04/18/meet-the-students-fighting-against-a-potential-repeal-of-in-state-tuition-for-fl-dreamers/. 

[9] Lauren Fox, “Florida Gov. Rick Scott Signs In-State Tuition Bill for ‘DREAMERS,’” U.S. News & World Report, June 9, 2-14, https://www.usnews.com/news/articles/2014/06/09/florida-gov-rick-scott-signs-in-state-tuition-bill-for-DREAMERS. The Florida Board of Governors and Department of Education fee waiver and exemption reports specifically delineate waivers they grant under 1009.26(12), which is the codified statute of the 2014 tuition equity law.

[10] F.S. 1009.26(12).

[11] Florida Board of Governors, State University System of Florida, “Fee Waiver Summary,” 2018-19 to 2023-24, https://www.flbog.edu/resources/data-analytics/dashboards/fee-waiver-summary/. Data for 2014-15 through 2018-19 provided to FPI via email in January of 2025.

[12] Florida Department of Education, Florida College System, “Exemptions & Waivers Reports,” 2014-15 to 2023-24, https://www.fldoe.org/schools/higher-ed/fl-college-system/about-us/finance/exempt-waivers.stml.

[13] 2024 Florida Statutes, Title XLVIII Chapter 1009.26 Fee Waivers http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String&URL=1000-1099/1009/Sections/1009.26.html.

[14] Florida College Access Network, “Florida Adopts ’SAIL To 60’ Postsecondary Attainment Goal,” June 24, 2019, https://floridacollegeaccess.org/news/florida-adopts-sail-to-60-postsecondary-attainment-goal.

[15] Florida Office of Economic & Demographic Research, “Education Estimating Conference, Florida College System Enrollment,” August 9, 2024, https://edr.state.fl.us/content/conferences/communitycolleges/ExecutiveSummary.pdf.

[16] Florida Board of Governors, “2025 Systemic Strategic Plan,” revised November 2022, https://www.fldoe.org/newsroom/latest-news/icymi-governor-ron-desantis-announces-289-million-for-programs-that-close-achievement-gaps-improve-stem-education-and-boost-student-resiliency-.stml.

[17] Florida Chamber Foundation, “Florida Workforce Needs Study 2.0,” n.d., https://www.flchamber.com/floridaworkforceneedsstudy2?cn-reloaded=1. 

[18] Presidents’ Alliance on Higher Education and Immigration, “Undocumented Students in U.S. Higher Education,” June 2024, https://www.presidentsalliance.org/undocumented-students-in-us-higher-education/.

[19] Broder.

[20] Tsoukalas and Santis.

[21] Florida Board of Governors, State University System of Florida, “New Programs of Strategic Emphasis (effective 2024-25 academic year),” updated November 9, 2023, https://www.flbog.edu/wp-content/uploads/2023/11/PSE-List-11-9-23.pdf. 

[22] Florida Chamber Foundation.

[23] Carl Davis et al., “Tax Payments by Undocumented Immigrants,” Institute on Taxation and Economic Policy, July 30, 2024, https://itep.org/undocumented-immigrants-taxes-2024/.

[24] American Immigration Council, “Immigrants in Florida,” 2022, https://map.americanimmigrationcouncil.org/locations/florida/#.

[25] Institute on Taxation and Economic Policy analysis of U.S. Census Bureau American Community Survey Public Use Microdata Sample, 2022, provided to Florida Policy Institute via email on January 17, 2025.

[26] Migration Policy Institute, “Profile of The Unauthorized Population: Florida,” 2019, https://www.migrationpolicy.org/data/unauthorized-immigrant-population/state/FL.

[27] U.S. Department of Health and Human Services, Assistant Secretary for Planning and Evaluation, “HHS poverty Guidelines for 2025,” January 2025, https://aspe.hhs.gov/topics/poverty-economic-mobility/poverty-guidelines.

[28] Florida Office of Economic & Demographic Research, “Education Estimating Conference, Florida College System Enrollment,” August 9, 2024, https://edr.state.fl.us/content/conferences/communitycolleges/ExecutiveSummary.pdf.

[29] Presidents’ Alliance on Higher Education and Immigration.

Re-employment Assistance (RA)

American Rescue Plan Act Changes. The American Rescue Plan Act of 2021 extended PEUC and PUA benefits through the week ending September 6, 2021. It also increased the maximum duration of PEUC benefits ($300 a week) to 53 weeks and the maximum duration of PUA to 79 weeks. Although PEUC and PUA did not end until September 6, 2021, Florida withdrew from the Federal Pandemic Unemployment Compensation Program (FPUC) effective June 26, 2021. FPUC provided persons who were out of work due to COVID-19 with an additional $300 a week in unemployment insurance.

Reemployment Assistance weeks reverted to 12 effective January 1, 2022. DEO determines the maximum number of weeks available to RA claimants based on a statutory formula that looks at the average unemployment rate for the most recent third calendar year quarter (i.e., July, August, and September). Based on the downturn in unemployment, the maximum number of weeks for RA reverted to 12 effective January 1, 2022.

RA work-search and work registration requirements reinstated on May 30, 2021. Persons filing an application for RA benefits beginning March 15, 2020, are not required to complete work registration in Employ Florida through May 29, 2021. In addition, work search requirements for individuals requesting benefits for the weeks beginning March 15, 2020, were also reinstated on May 30, 2021.

RA biweekly reporting requirements reinstated. Although previously waived, biweekly reporting was reinstated effective May 10, 2020. DEO’s guide to claiming weeks is here.

Mobile app deployed. DEO has deployed a mobile app for RA applications.

‍DEO announces extended benefits. DEO announced implementation of Extended Benefits (EB).

Resources and guidance. For a list of resources and guidance from the United States Department of Labor on unemployment insurance and COVID-19, go here.

For DEO’s “Reemployment Assistance Frequently Asked Questions and Additional Resources,” updated 12/30/2020, go here.

For DEO’s latest claims data, go here.

‍

Department of Children and Families (DCF) Multi-Program Policies

DCF opens offices. DCF has reopened its brick-and-mortar storefronts, which were previously closed  due to coronavirus.

DCF adds call center numbers. DCF has added a call center number for Monday through Friday, from 7 a.m. to 6 p.m. Call center numbers now include 850-300-4323, 866-762-2237, or TTY 1-800-955-8771.

Certification periods extended by 6 months only through August 2020. Certification periods for cash, food and medical assistance were extended by 6 months for individuals and families scheduled to recertify in April through August  2020. FNS’ approval of the SNAP extension for August is here.  However, effective September 1, 2020, SNAP, TANF and Medicaid recertifications have been reinstated, although DCF says that no one will lose Medicaid due to recertification.

‍DCF allows phone interviews. Phone interviews are now being used for TANF cash and SNAP food assistance.

Mandatory work requirements suspended only through May 2021. Under a directive from Governor DeSantis to waive work requirements for safety net programs, DCF  waived work requirements for individuals participating in the Supplemental Nutrition Assistance Program (SNAP) and Temporary Assistance for Needy Families (TANF) through May 2021. To do this, DCF explains that it partnered with the Department of Economic Opportunity to apply “good cause” statewide for TANF and SNAP recipients who would otherwise be subject to participation in mandatory work requirements as a condition of receiving those benefits. Through May 2021, persons who were sanctioned in the past due to work requirements will be able to reapply and participate in SNAP or TANF again.
‍

Work requirements were reinstated effective June 1, 2021.

Supplemental Nutrition Assistance Program (SNAP)

Emergency allotments (EA) ended. DCF automatically supplemented SNAP allotments of current recipients up to the maximum for a household’s size for July 2021. However, EA was discontinued beginning August 1, 2021.

The SNAP benefits increase by 15 percent ended in October 2021. Floridians who participate in SNAP to put food on the table will receive a temporary 15 percent supplement to SNAP under COVID relief passed by Congress and extended by the American Rescue Plan Act through September 2021.

FNS permanently increases SNAP through revamp of the Thrifty Food Plan. Effective October 2021, FNS has mandated a permanent increase to SNAP through a revamp of the Thrifty Food Plan. DCF says that the increase amounts to about 6% for Floridians.

Time limits suspended. SNAP time limits are suspended during the COVID-19 public health emergency. No one in Florida should be barred from SNAP due to time limits, even if they exhausted their time limit in the past.

Florida granted waiver to allow families to purchase groceries online. DCF has been granted a federal waiver to permit the State of Florida to launch a pilot project statewide effective April 21, 2020, that allows families to purchase groceries online with their Electronic Benefit Transfer (EBT) card instead of going into stores.

  • At present, participating retailers are Walmart, Amazon, Aldi, BJ’s Wholesale Club, and Publix. DCF cautions, however, that EBT cards cannot be used for delivery fees.

‍

Medicaid

No Medicaid terminations from March 2020 through the end of the federal public health emergency. The national public health emergency has existed since January 27, 2020 and has been renewed by the Secretary of the U.S. Department of Health & Human Services in 90-day increments since that time. The most recent renewal is effective January 16, 2022.

On March 31, 2020, AHCA alerted providers and DCF posted on the ACCESS website that:

  • No Medicaid recipient will lose Medicaid eligibility during the COVID-19 public health emergency (unless the individual is no longer a state resident or request voluntary termination); under the newly enacted Families First Coronavirus Response Act, a state is prohibited from ending coverage for recipients enrolled as of March 18th for the duration of the public health emergency if the state opts to obtain an enhanced federal Medicaid match.
  • AHCA is working to notify recipients who may have received a termination notice in the month of March that their benefits will be reinstated.
  • An FAQ released by federal CMS provides some examples of Medicaid eligibility groups  protected under these "no termination" requirements including: former foster care youth aging out when they turn 26; youth aging out of children's eligibility when they turn 19; individuals who become ineligible for SSI; individuals no longer qualifying for Qualified Medicare Benefits (QMB). In a May 5, 2020 update, CMS states that this “no termination” requirement also applies to medically needy individuals determined eligible during the public health emergency even if they do not continue to meet their monthly share of cost in subsequent months. This protection extends through the last day of the month the public health emergency ends.  
  • On October 28, 2020, federal CMS issued a new interim final rule weakening the continuous coverage, “no termination” requirement. In states like Florida that have opted to cover full benefits for lawfully residing children in the first 5 years after entry into the United States, once they turn 18, states are now required to limit their coverage to emergency services.  In addition, states are now permitted to reduce optional benefits such as dental coverage or increase cost-sharing such as requiring nursing home residents to contribute more to their costs of care. But in Florida this type of change would require the Legislature to amend state Medicaid law.  

Redetermination/recertification times are reinstated. As of October 1, 2020 AHCA's website is alerting recipients that the Department of Children and Families is now mailing letters for case reviews to check if a household is still eligible for Medicaid and/or Medically Needy. AHCA is urging people receiving these letters to take steps now to re-apply. But note, Medicaid coverage will not end during the COVID-19 Public Health Emergency. In January 2021 DCF conducted one-year “automated renewals” for people whose sole income is social security and SSI and are enrolled in an SSI-related Medicaid program (e.g., MEDS/AD,  Medically Needy and Medicare Savings Programs). People getting VA income were not included in the automated renewal.

Extended application time. Effective with applications filed in February 2020, the time for submitting documentation required to process an application is extended for 120 days from the date of the application and eligibility will still be effective the first day of the month the application was received. Effective July 1, 2021, this policy has been rescinded. Medicaid applications submitted on or after July 1, 2021 may be denied on the 30th day after application or the day after verification information is due. Applications filed prior to July 1, will be allowed 120 days to provide requested verification to establish Medicaid eligibility.

‍Exclusion of additional unemployment payments in determining eligibility. The $600/week of additional unemployment insurance payments under the CARES Act will not be counted as income in determining Medicaid eligibility. (However, these payments will be counted as income in determining marketplace subsidy calculations.)

Coverage of Medicaid services during the state of emergency

  • Coverage of all medically necessary services to COVID-19 testing and treatment.
  • Waiver of limits on services that must be exceeded to maintain the health and safety of recipients diagnosed with COVID-19 or when necessary to maintain a recipient safely in their home
  • Waiver of prior authorization requirements for hospital, physician, advanced practice registered nursing, physician assistant, home health services and durable medical equipment and supplies. As of June 19, 2020, AHCA reinstated prior authorization requirements for all of these services.
  • Waiver of copayments for all services
  • Waiver of limits on early prescription refills, except for controlled substances
  • Coverage of a 90-day supply of maintenance prescriptions when available at the pharmacy
  • Reimbursement of out-of-state providers providing medically necessary services to Florida Medicaid beneficiaries. As of July 1, 2021, the availability of provider “provisional enrollment” for in-state and out-of-state providers will end.
  • Delay of fair hearings only in those instances when the recipient is continuing to receive services pending the outcome of the hearing

COVID-19 Vaccines for Medicaid Enrollees. In an executive order published March 16, 2021 Governor DeSantis revised the vaccine distribution plan, which applies to the general public including Medicaid enrollees, to lower the age requirement to 40 effective March 29, 2021 and then effective April 5, 2021 all Floridians are eligible to receive any COVID-19 vaccination approved by the Food and Drug Administration.

Medicaid enrollees eligible to receive the vaccine may visit myvaccine.fl.gov to find a location distributing the vaccine and to schedule an appointment.

On March 12, 2021, AHCA published instructions for Medicaid enrollees on how to obtain Medicaid transportation once they have scheduled an appointment for a vaccine. AHCA states: "Florida Medicaid will take you to get the COVID-19 vaccine at no cost. All you need to do is set up a time to get your vaccine. Next, let your Medicaid plan know you need a ride and they will take care of the rest. If you are not enrolled in a plan, call the Medicaid Helpline at 1-877-254-1055 to find out the name and phone number for a transportation service."

The state has also recently launched a new email system to help bring COVID-19 vaccines to homebound seniors. Seniors will be able to sign up to have the vaccine come to them by emailing a request to HomeboundVaccine@em.myflorida.com.

AHCA has posted Medicaid Alerts and FAQs providing more detail on Medicaid service changes in response to COVID-19. They address a wide range of topics including, but not limited to: telemedicine guidance for medical, behavioral health, and early intervention services providers; long-term care provider network flexibilities allowing more types of providers to deliver specified long term care services; and continuity of care for adult day care center enrollees during the time these centers are closed.

AHCA is loosening coverage restrictions for behavioral health services. Effective May 5, 2020, all prior authorization requirements for mental health or substance use disorder treatment are waived and service limitations (frequency and duration) are lifted. For behavioral analysis services, current authorizations will be extended through an "administrative approval process" which does not require providers to reassess beneficiaries currently getting services. Effective July 1, 2021 service limits will be reinstated for behavioral health services and effective July 15, 2021 Medicaid prior authorization requirements will be reinstated for behavioral health services.

Per a May 29, 2020 provider alert, during the state of emergency AHCA will be reimbursing providers for telemedicine well-child visits provided to children older than 24 months through age 20. Providers are directed to actively work to schedule follow-up in-person visits to administer immunizations and other physical components of the exam which cannot be accomplished through telemedicine.  

The public charge rule will not be applied to immigrants’ use of Medicaid benefits for COVID-19 testing and treatment.

Coverage of home and community-based waiver services (HCBS) - In response to the public emergency, Florida obtained approval from the federal government to make changes in HCBS waiver programs, including the Long Term Care and Developmental Disabilities programs. The changes are effective retroactively from January 27, 2020 to January 26, 2021. Details can be found here. They include, but are not limited to:

  • permitting virtual evaluations, assessments and care planning meetings in lieu of face to face meetings and use of electronic signatures;
  • lifting service limits in order to address health and welfare issues of enrollees;
  • adjusting service prior authorization requirements;
  • temporarily expanding the settings where services can be provided;  
  • allowing payments for support services provided to enrollees in hospital or short- term institutional settings; and
  • prohibiting visitors in certain residential settings to minimize the spread of infection.

Note on COVID-19 testing, treatment, and vaccines for the uninsured. Florida has not opted to receive 100 percent federal Medicaid funding for COVID-19 testing of people without health insurance. Under the 2021 American Rescue Plan Act this option has been expanded to cover COVID-19 treatment and vaccines for the uninsured as well. Since the state has not taken up this option Floridians must look to an uneven patchwork of free testing, treatment, and vaccine resources scattered around the state. AHCA advises that uninsured people may receive free testing from their county health department or a federally qualified health center and that “many communities provide testing for free for individuals who do not have insurance. Please [click here] to find a test site in your area. Uninsured individuals should ask before the test whether testing is free of charge." There are no state agency instructions on where uninsured people can receive free treatment. However, more information on possible sources for free treatment is available here.

Residency proof no longer required at some vaccine sites, “paving the way for migrants.” - On April 29, 2021 Surgeon General Rivkees issued a new public health advisory specifying that COVID-19 vaccines are available to “a Florida resident” or someone “who is present in Florida for the purpose of providing goods or services for the benefits of residents and visitors of the State of Florida.” This new policy applies to all state-run and federally supported vaccination sites. It rescinds an advisory issued in January that had restricted vaccinations to people who could show proof of Florida residency

2021 unemployment compensation claimants can access free or reduced cost health insurance through the ACA marketplace. The Affordable Care Act (ACA) Marketplace was re-opened in February 2021 to give people who need health insurance a new “special enrollment" opportunity to get covered. The 2021 American Rescue Plan eliminated or vastly reduced premiums for many people with low or moderate incomes.

Starting July 1, 2021, people who received or have been approved for unemployment compensation for any week beginning in 2021 can access free or reduced cost comprehensive health insurance plans through the ACA marketplace. This benefit is available regardless of someone's current income. To get this benefit, people must enroll in the marketplace no later than August 15, 2021. For help with enrollment, contact Covering Florida at 877-813-9115.

Child Nutrition Programs

School children in distance learning still eligible for free or reduced cost meals. Students in distance learning for  2020-21 can still receive school meals through the National School Lunch Program if they are eligible. The student or parent/guardian may pick up meals at the school but should contact their school for more information.

For a list of current child nutrition program waivers for Florida from USDA, go here.

Special Supplemental Nutrition Program for Women, Infants, and Children (WIC)

Congress allows increased fruit and vegetable benefits. At present, WIC provides $9 for children and $11 for women monthly for fruits and vegetables. The American Rescue Plan Act makes funding available for a four-month increase in the benefit of up to $35 monthly, if a state chooses to do so.

DOH attains waiver allowing remote issuance: Department of Health (DOH) obtained a waiver of the requirement that participants pick up their EBT cards in person at recertification or during nutritional education appointments.

‍WIC participants allowed to substitute certain food. Under a waiver from USDA, WIC participants in Florida are allowed to substitute milk of any available fat content and whole wheat or whole grain bread in package sizes up to 24 oz. when 16 oz. packages are unavailable.

‍USDA waived physical presence requirements: Although the scope and logistics are unclear at this time, USDA has given DOH permission to waive the requirement that persons be physically present at each certification or recertification determination in order to determine eligibility under the program through May 31, 2020.

USDA extends certification periods through May 31, 2020, for some participants.

For a list of current WIC waivers for Florida from USDA, go here.


Temporary Assistance for Needy Families (TANF)

HHS provides guidance. HHS has issued guidance on the flexibilities in TANF to respond to COVID-19.

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