CS/HB 281

1
A bill to be entitled
2An act relating to prepaid college programs; amending s.
31009.98, F.S.; providing that a purchaser of an advance
4payment contract may receive a refund of the unused
5portion of the contract under certain circumstances;
6providing an effective date.
7
8Be It Enacted by the Legislature of the State of Florida:
9
10     Section 1.  Subsection (5) of section 1009.98, Florida
11Statutes, is amended to read:
12     1009.98  Stanley G. Tate Florida Prepaid College Program.--
13     (5)  REFUNDS.--
14     (a)  A No refund may not shall exceed the amount paid into
15the fund by the purchaser except as provided in paragraphs (b),
16and (c), and (f).
17     (b)  If the beneficiary is awarded a scholarship, the terms
18of which cover the benefits included in the advance payment
19contracts, moneys paid for the purchase of the advance payment
20contracts shall be refunded to the purchaser in semester
21installments coinciding with the tuition by the beneficiary in
22an amount which, in total, does not exceed the redemption value
23of the advance payment contract at a state postsecondary
24institution.
25     (c)  In the event of the death or total disability of the
26beneficiary, moneys paid for the purchase of advance payment
27contracts shall be refunded to the purchaser in an amount not to
28exceed the redemption value of the advance payment contract at a
29state postsecondary institution.
30     (d)  If an advance payment contract is converted from one
31registration plan to a plan of lesser value, the amount refunded
32may shall not exceed the difference between the amount paid for
33the original contract and the amount that would have been paid
34for the contract to which the plan is converted had the
35converted plan been purchased under the same payment plan at the
36time the original advance payment contract was executed.
37     (e)  A No refund may not shall be authorized through an
38advance payment contract for any school year partially attended
39but not completed. For purposes of this section, a school year
40partially attended but not completed shall mean any one semester
41whereby the student is still enrolled at the conclusion of the
42official drop-add period but withdraws before the end of such
43semester. If a beneficiary does not complete a community college
44plan or university plan for reasons other than specified in
45paragraph (c), the purchaser shall receive a refund of the
46amount paid into the fund for the remaining unattended years of
47the advance payment contract pursuant to rules promulgated by
48the board.
49     (f)  A purchaser of an advance payment contract entered
50into pursuant to subsection (9) or s. 1009.983 may receive a
51refund equal to the redemption value of the unused portion of
52the advance payment contract at a state postsecondary
53institution if the refund is used exclusively to fund additional
54scholarships purchased pursuant to subsection (9) or s.
551009.983.
56     Section 2.  This act shall take effect upon becoming a law.


CODING: Words stricken are deletions; words underlined are additions.