New Florida bill aims to slash out-of-state enrollment at state universities

TALLAHASSEE, Fla. - A Florida lawmaker says too many highly qualified Florida students are receiving rejection letters from the state's public universities. 

Rep. Jennifer Kincart Jonsson (R-Lakeland) says they're being edged out by out-of-state applicants, who pay four to five times higher tuition rates.

What we know:

Florida's public university system currently operates under a 10-percent system-wide cap for out-of-state undergraduate enrollment. 

Because this is a system-wide average across 12 public universities, higher-profile schools like the University of Florida (UF) and Florida State University (FSU) often exceed that number, with out-of-state students making up nearly 20 percent of their incoming freshman classes. House Bill 1279 would mandate that individual schools cap nonresident enrollment at just 5 percent for incoming freshmen.

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The backstory:

Florida’s public universities have ascended rapidly in national rankings, making them a "best value" destination for students nationwide. 

While tuition rates remain among the lowest in the country, out-of-state students pay a premium—at UF, for example, nonresidents pay nearly five times the rate of Florida residents. This revenue has become a critical lifeline for universities as state funding has declined in recent decades.

What they're saying:

Representative Jennifer Kincart Jonsson argues that the current system forces the state's most talented students to look elsewhere for their education.

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"What we don't have is enough opportunities for Florida students to start at our flagship universities. They check every box... and they still get told no. We, as Florida taxpayers, have to send our students out of state. We need to open up as many seats for our students as possible. Florida students first."

Universities and critics of the bill, however, point to the financial reality. Out-of-state tuition effectively subsidizes the low cost of education for Floridians.

"Florida brags about maintaining a low cost per student, but that's partly also due to the fact that international [and out-of-state] students subsidize the cost for everyone else," noted State Rep. Anna Eskamani.

By the numbers:

• 1 in 5: Approximate number of FSU’s and UF's 2024-25 incoming freshman class from out of state.
• 5%: The proposed maximum out-of-state enrollment cap under HB 1279.
• $20 Million: Estimated annual undergrad tuition revenue FSU stands to lose under the new cap.
• 5x: The tuition multiplier for out-of-state students compared to Florida residents at UF  ($212 vs $1,030 per credit hour).
• 12%: Nonresident student population at the University of South Florida (USF).
• 6%: Nonresident student population at the University of Central Florida (UCF).

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The other side:

The Board of Governors recently approved a separate measure allowing universities to increase out-of-state fees by up to 15 percent by 2026. This move was intended to generate revenue while maintaining current enrollment ratios. Opponents of Jonsson’s bill argue that slashing the actual number of these high-paying students would create a massive budget deficit, potentially forcing universities to cut programs or raise fees for local students to cover the shortfall. Critics also say Florida's public universities will be less able to compete for top educators.

What's next:

The bill is currently moving through the 2026 Legislative Session. Lawmakers will have to weigh the desire to provide more seats for "Florida first" students against the fiscal reality of running top-tier research universities without the hundreds of millions of dollars provided by out-of-state tuition.