Senate Bill 2214c1

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    Florida Senate - 1998                           CS for SB 2214

    By the Committee on Education and Senator Clary





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  1                      A bill to be entitled

  2         An act relating to postsecondary education;

  3         amending s. 240.551, F.S.; renaming the Florida

  4         Prepaid Postsecondary Education Expense

  5         Program, Board, and Trust Fund the Florida

  6         Prepaid College Program, Board, and Trust Fund,

  7         respectively; reordering provisions and

  8         providing technical revisions; deleting

  9         obsolete provisions; conforming

10         cross-references; permitting soliciting and

11         contracting for records administration

12         services; providing for the inclusion of

13         certain fees within advance payment contracts

14         for tuition; amending s. 222.22, F.S.;

15         conforming provisions; amending s. 732.402,

16         F.S.; exempting Florida Prepaid College Program

17         contracts from the probate claims of creditors;

18         reenacting ss. 731.201(13) and 735.301(1),

19         F.S., relating to probate, to incorporate the

20         amendment to s. 732.402, F.S., in references;

21         providing an effective date.

22

23  Be It Enacted by the Legislature of the State of Florida:

24

25         Section 1.  Section 240.551, Florida Statutes, is

26  amended to read:

27         240.551  Florida Prepaid College Postsecondary

28  Education Expense Program.--

29         (1)  LEGISLATIVE INTENT.--The Legislature recognizes

30  that educational opportunity at the postsecondary level is a

31  critical state interest.  It further recognizes that

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  1  educational opportunity is best ensured through the provision

  2  of postsecondary institutions that are geographically and

  3  financially accessible. Accordingly, it is the intent of the

  4  Legislature that a program be established through which many

  5  of the costs associated with postsecondary attendance may be

  6  paid in advance and fixed at a guaranteed level for the

  7  duration of undergraduate enrollment.  It is similarly the

  8  intent of the Legislature to provide a program that fosters

  9  timely financial planning for postsecondary attendance and to

10  encourage employer participation in such planning through

11  program contributions on behalf of employees and the

12  dependents of employees.

13         (2)  DEFINITIONS.--As used in this section:

14         (a)  "Advance payment contract" means a contract

15  entered into by the board and a purchaser pursuant to this

16  section.

17         (b)  "Board" means the Florida Prepaid College

18  Postsecondary Education Expense Board.

19         (c)  "Fund" means the Florida Prepaid College

20  Postsecondary Education Expense Trust Fund.

21         (d)(g)  "Program" means the Florida Prepaid College

22  Postsecondary Education Expense Program.

23         (e)(d)  "Purchaser" means a person who makes or is

24  obligated to make advance registration or dormitory residence

25  payments in accordance with an advance payment contract.

26         (f)(e)  "Qualified beneficiary" means:

27         1.  A resident of this state at the time a purchaser

28  enters into an advance payment contract on behalf of the

29  resident;

30         2.  A nonresident who is the child of a noncustodial

31  parent who is a resident of this state at the time that such

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    Florida Senate - 1998                           CS for SB 2214
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  1  parent enters into an advance payment contract on behalf of

  2  the child; or

  3         3.  For purposes of advance payment contracts entered

  4  into pursuant to subsection (22) paragraph (5)(j), a graduate

  5  of an accredited high school in this state who is a resident

  6  of this state at the time he or she is designated to receive

  7  the benefits of the advance payment contract.

  8         (g)(h)  "Registration fee" means matriculation fee,

  9  financial aid fee, building fee, and Capital Improvement Trust

10  Fund fee.

11         (h)(f)  "State postsecondary institution" means any

12  community college identified in s. 240.3031 or university

13  identified in s. 240.2011.

14         (3)  FLORIDA PREPAID COLLEGE PROGRAM; CREATION.--There

15  is created a Florida Prepaid College Postsecondary Education

16  Expense Program to provide a medium through which the cost of

17  registration and dormitory residence may be paid in advance of

18  enrollment in a state postsecondary institution at a rate

19  lower than the projected corresponding cost at the time of

20  actual enrollment.  Such payments shall be combined and

21  invested in a manner that yields, at a minimum, sufficient

22  interest to generate the difference between the prepaid amount

23  and the cost of registration and dormitory residence at the

24  time of actual enrollment. Students who enroll in a state

25  postsecondary institution pursuant to this section shall be

26  charged no fees in excess of the terms delineated in the

27  advance payment contract.

28         (4)  FLORIDA PREPAID COLLEGE TRUST FUND.--There is

29  created within the State Board of Administration the Florida

30  Prepaid College Postsecondary Education Expense Trust Fund.

31  The fund shall consist of state appropriations, moneys

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  1  acquired from other governmental or private sources, and

  2  moneys remitted in accordance with advance payment contracts.

  3  All funds deposited into the trust fund may be invested

  4  pursuant to s. 215.47; however, such investment shall not be

  5  mandatory. Dividends, interest, and gains accruing to the

  6  trust fund shall increase the total funds available for the

  7  program. Notwithstanding the provisions of chapter 717, funds

  8  associated with terminated contracts terminated pursuant to

  9  subsection (12) paragraph (6)(d) and canceled contracts for

10  which no refunds have been claimed shall increase the total

11  funds available for the program.  However, the board shall

12  establish procedures for notifying purchasers who subsequently

13  cancel their contracts of any unclaimed refund and shall

14  establish a time period after which no refund may be claimed

15  by a purchaser who canceled a contract. Any balance contained

16  within the fund at the end of a fiscal year shall remain

17  therein and shall be available for carrying out the purposes

18  of the program.  In the event that dividends, interest, and

19  gains exceed exceeds the amount necessary for program

20  administration and disbursements, the board may designate an

21  additional percentage of the fund to serve as a contingency

22  fund.  Moneys contained within the fund shall be exempt from

23  the investment requirements of s. 18.10. Any funds of a

24  direct-support organization created pursuant to subsection

25  (22) paragraph (5)(j) shall be exempt from the provisions of

26  this subsection paragraph.

27         (5)  PROGRAM ADMINISTRATION.--

28         (a)  The Florida Prepaid College Postsecondary

29  Education Expense Program shall be administered by the Florida

30  Prepaid College Postsecondary Education Expense Board as an

31  agency of the state.  The Florida Prepaid College

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  1  Postsecondary Education Expense Board is hereby created as a

  2  body corporate with all the powers of a body corporate for the

  3  purposes delineated in this section.  For the purposes of s.

  4  6, Art. IV of the State Constitution, the board shall be

  5  assigned to and administratively housed within the State Board

  6  of Administration, but it shall independently exercise the

  7  powers and duties specified in this section.

  8         (b)  The board shall consist of seven members to be

  9  composed of the Insurance Commissioner and Treasurer, the

10  Comptroller, the Chancellor of the Board of Regents, the

11  Executive Director of the State Board of Community Colleges,

12  and three members appointed by the Governor and subject to

13  confirmation by the Senate.  Each member appointed by the

14  Governor shall possess knowledge, skill, and experience in the

15  areas of accounting, actuary, risk management, or investment

16  management.  Each member of the board not appointed by the

17  Governor may name a designee to serve the board on behalf of

18  the member; however, any designee so named shall meet the

19  qualifications required of gubernatorial appointees to the

20  board. Members appointed by the Governor shall serve terms of

21  3 years except that, in making the initial appointments, the

22  Governor shall appoint one member to serve for 1 year, one

23  member to serve for 2 years, and one member to serve for 3

24  years.  Any person appointed to fill a vacancy on the board

25  shall be appointed in a like manner and shall serve for only

26  the unexpired term.  Any member shall be eligible for

27  reappointment and shall serve until a successor qualifies.

28  Members of the board shall serve without compensation but

29  shall be reimbursed for per diem and travel in accordance with

30  s. 112.061.  Each member of the board shall file a full and

31  public disclosure of his or her financial interests pursuant

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  1  to s. 8, Art. II of the State Constitution and corresponding

  2  statute.

  3         (c)(a)  The Governor shall appoint a member of the

  4  board to serve as the initial chair of the board.  Thereafter,

  5  the board shall elect a chair annually.  The board shall

  6  annually elect a board member to serve as chair and a board

  7  member to serve as vice chair and shall designate a

  8  secretary-treasurer who need not be a member of the board.

  9  The secretary-treasurer shall keep a record of the proceedings

10  of the board and shall be the custodian of all printed

11  material filed with or by the board and of its official seal.

12  Notwithstanding the existence of vacancies on the board, a

13  majority of the members shall constitute a quorum. The board

14  shall take no official action in the absence of a quorum.  The

15  board shall meet, at a minimum, on a quarterly basis at the

16  call of the chair.

17         (6)  FLORIDA PREPAID COLLEGE BOARD; DUTIES.--The board

18  shall:

19         (a)(b)  The board shall Appoint an executive director

20  to serve as the chief administrative and operational officer

21  of the board and to perform other duties assigned to him or

22  her by the board.

23         (b)  Administer the fund in a manner that is

24  sufficiently actuarially sound to defray the obligations of

25  the program. The board shall annually evaluate or cause to be

26  evaluated the actuarial soundness of the fund. If the board

27  perceives a need for additional assets in order to preserve

28  actuarial soundness, the board may adjust the terms of

29  subsequent advance payment contracts to ensure such soundness.

30         (c)  Establish a comprehensive investment plan for the

31  purposes of this section with the approval of the State Board

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  1  of Administration. The comprehensive investment plan shall

  2  specify the investment policies to be utilized by the board in

  3  its administration of the fund. The board may place assets of

  4  the fund in savings accounts or use the same to purchase fixed

  5  or variable life insurance or annuity contracts, securities,

  6  evidence of indebtedness, or other investment products

  7  pursuant to the comprehensive investment plan and in such

  8  proportions as may be designated or approved under that plan.

  9  Such insurance, annuity, savings, or investment products shall

10  be underwritten and offered in compliance with the applicable

11  federal and state laws, regulations, and rules by persons who

12  are duly authorized by applicable federal and state

13  authorities. Within the comprehensive investment plan, the

14  board may authorize investment vehicles, or products incident

15  thereto, as may be available or offered by qualified companies

16  or persons. A contract purchaser may not direct the investment

17  of his or her contribution to the trust fund and a contract

18  beneficiary may not direct the contribution made on his or her

19  behalf to the trust fund. Board members and employees of the

20  board are not prohibited from purchasing advance payment

21  contracts by virtue of their fiduciary responsibilities as

22  members of the board or official duties as employees of the

23  board.

24         (d)  Solicit proposals and contract, pursuant to s.

25  287.057, for the marketing of the Florida Prepaid College

26  Program. The entity designated pursuant to this paragraph

27  shall serve as a centralized marketing agent for the program

28  and shall be solely responsible for the marketing of the

29  program. Any materials produced for the purpose of marketing

30  the program shall be submitted to the board for review. No

31  such materials shall be made available to the public before

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  1  the materials are approved by the board. Any educational

  2  institution may distribute marketing materials produced for

  3  the program; however, all such materials shall have been

  4  approved by the board prior to distribution. Neither the state

  5  nor the board shall be liable for misrepresentation of the

  6  program by a marketing agent.

  7         (e)  Solicit proposals and contract, pursuant to s.

  8  287.057, for a trustee services firm to select and supervise

  9  investment programs on behalf of the board. The goals of the

10  board in selecting a trustee services firm shall be to obtain

11  the highest standards of professional trustee services, to

12  allow all qualified firms interested in providing such

13  services equal consideration, and to provide such services to

14  the state at no cost and to the purchasers at the lowest cost

15  possible. The trustee services firm shall agree to meet the

16  obligations of the board to qualified beneficiaries if moneys

17  in the fund fail to offset the obligations of the board as a

18  result of imprudent selection or supervision of investment

19  programs by such firm. Evaluations of proposals submitted

20  pursuant to this paragraph shall include, but not be limited

21  to, the following criteria:

22         1.  Adequacy of trustee services for supervision and

23  management of the program, including current operations and

24  staff organization and commitment of management to the

25  proposal.

26         2.  Capability to execute program responsibilities

27  within time and regulatory constraints.

28         3.  Past experience in trustee services and current

29  ability to maintain regular and continuous interactions with

30  the board, records administrator, and product provider.

31

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  1         4.  The minimum purchaser participation assumed within

  2  the proposal and any additional requirements of purchasers.

  3         5.  Adequacy of technical assistance and services

  4  proposed for staff.

  5         6.  Adequacy of a management system for evaluating and

  6  improving overall trustee services to the program.

  7         7.  Adequacy of facilities, equipment, and electronic

  8  data processing services.

  9         8.  Detailed projections of administrative costs,

10  including the amount and type of insurance coverage, and

11  detailed projections of total costs.

12         (f)  Solicit proposals and contract, pursuant to s.

13  287.057, for product providers to develop investment

14  portfolios on behalf of the board to achieve the purposes of

15  this section. Product providers shall be limited to authorized

16  insurers as defined in s. 624.09, banks as defined in s.

17  658.12, associations as defined in s. 665.012, authorized

18  Securities and Exchange Commission investment advisers, and

19  investment companies as defined in the Investment Company Act

20  of 1940. All product providers shall have their principal

21  place of business and corporate charter located and registered

22  in the United States. In addition, each product provider shall

23  agree to meet the obligations of the board to qualified

24  beneficiaries if moneys in the fund fail to offset the

25  obligations of the board as a result of imprudent investing by

26  such provider. Each authorized insurer shall evidence superior

27  performance overall on an acceptable level of surety in

28  meeting its obligations to its policyholders and other

29  contractual obligations. Only qualified public depositories

30  approved by the Insurance Commissioner and Treasurer shall be

31  eligible for board consideration. Each investment company

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  1  shall provide investment plans as specified within the request

  2  for proposals. The goals of the board in selecting a product

  3  provider company shall be to provide all purchasers with the

  4  most secure, well-diversified, and beneficially administered

  5  postsecondary education expense plan possible, to allow all

  6  qualified firms interested in providing such services equal

  7  consideration, and to provide such services to the state at no

  8  cost and to the purchasers at the lowest cost possible.

  9  Evaluations of proposals submitted pursuant to this paragraph

10  shall include, but not be limited to, the following criteria:

11         1.  Fees and other costs charged to purchasers that

12  affect account values or operational costs related to the

13  program.

14         2.  Past and current investment performance, including

15  investment and interest rate history, guaranteed minimum rates

16  of interest, consistency of investment performance, and any

17  terms and conditions under which moneys are held.

18         3.  Past experience and ability to provide timely and

19  accurate service in the areas of records administration,

20  benefit payments, investment management, and complaint

21  resolution.

22         4.  Financial history and current financial strength

23  and capital adequacy to provide products, including operating

24  procedures and other methods of protecting program assets.

25         (7)(c)  FLORIDA PREPAID COLLEGE BOARD; POWERS.--The

26  board shall have the powers necessary or proper to carry out

27  the provisions of this section, including, but not limited to,

28  the power to:

29         (a)1.  Adopt an official seal and rules.

30         (b)2.  Sue and be sued.

31

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  1         (c)3.  Make and execute contracts and other necessary

  2  instruments.

  3         (d)4.  Establish agreements or other transactions with

  4  federal, state, and local agencies, including state

  5  universities and community colleges.

  6         (e)5.  Invest funds not required for immediate

  7  disbursement.

  8         (f)6.  Appear in its own behalf before boards,

  9  commissions, or other governmental agencies.

10         (g)7.  Hold, buy, and sell any instruments,

11  obligations, securities, and property determined appropriate

12  by the board.

13         (h)8.  Require a reasonable length of state residence

14  for qualified beneficiaries.

15         (i)9.  Restrict the number of participants in the

16  community college plan, university plan, and dormitory

17  residence plan, respectively. However, any person denied

18  participation solely on the basis of such restriction shall be

19  granted priority for participation during the succeeding year.

20         (j)10.  Segregate contributions and payments to the

21  fund into various accounts and funds.

22         (k)11.  Contract for necessary goods and services,

23  employ necessary personnel, and engage the services of private

24  consultants, actuaries, managers, legal counsel, and auditors

25  for administrative or technical assistance.

26         (l)12.  Solicit and accept gifts, grants, loans, and

27  other aids from any source or participate in any other way in

28  any government program to carry out the purposes of this

29  section.

30         (m)13.  Require and collect administrative fees and

31  charges in connection with any transaction and impose

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  1  reasonable penalties, including default, for delinquent

  2  payments or for entering into an advance payment contract on a

  3  fraudulent basis.

  4         (n)14.  Procure insurance against any loss in

  5  connection with the property, assets, and activities of the

  6  fund or the board.

  7         (o)15.  Impose reasonable time limits on use of the

  8  tuition benefits provided by the program. However, any such

  9  limitation shall be specified within the advance payment

10  contract.

11         (p)16.  Delineate the terms and conditions under which

12  payments may be withdrawn from the fund and impose reasonable

13  fees and charges for such withdrawal. Such terms and

14  conditions shall be specified within the advance payment

15  contract.

16         (q)17.  Provide for the receipt of contributions in

17  lump sums or installment payments.

18         18.  Establish other policies, procedures, and criteria

19  to implement and administer the provisions of this section.

20         (r)19.  Require that purchasers of advance payment

21  contracts verify, under oath, any requests for contract

22  conversions, substitutions, transfers, cancellations, refund

23  requests, or contract changes of any nature. Verification

24  shall be accomplished as authorized and provided for in s.

25  92.525(1)(a).

26         (d)  The board shall administer the fund in a manner

27  that is sufficiently actuarially sound to defray the

28  obligations of the program.  The board shall annually evaluate

29  or cause to be evaluated the actuarial soundness of the fund.

30  If the board perceives a need for additional assets in order

31  to preserve actuarial soundness, the board may adjust the

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  1  terms of subsequent advance payment contracts to ensure such

  2  soundness.

  3         (e)  The board, acting with the approval of the State

  4  Board of Administration, shall establish a comprehensive

  5  investment plan for the purposes of this section.  The

  6  comprehensive investment plan shall specify the investment

  7  policies to be utilized by the board in its administration of

  8  the fund.  The board may place assets of the fund in savings

  9  accounts or use the same to purchase fixed or variable life

10  insurance or annuity contracts, securities, evidence of

11  indebtedness, or other investment products pursuant to the

12  comprehensive investment plan and in such proportions as may

13  be designated or approved under that plan.  Such insurance,

14  annuity, savings, or investment products shall be underwritten

15  and offered in compliance with the applicable federal and

16  state laws, regulations, and rules by persons who are duly

17  authorized by applicable federal and state authorities.

18  Within the comprehensive investment plan, the board may

19  authorize investment vehicles, or products incident thereto,

20  as may be available or offered by qualified companies or

21  persons. A contract purchaser may not direct the investment of

22  his or her contribution to the trust fund, and a contract

23  beneficiary may not direct the contribution made on his or her

24  behalf to the trust fund. Board members and employees of the

25  board are not prohibited from purchasing advance payment

26  contracts by virtue of their fiduciary responsibilities as

27  members of the board or official duties as employees of the

28  board.

29         (s)(f)  The board may Delegate responsibility for

30  administration of the comprehensive investment plan required

31  in paragraph (6)(c)(e) to a person the board determines to be

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  1  qualified. Such person shall be compensated by the board.

  2  Directly or through such person, the board may contract with a

  3  private corporation or institution to provide such services as

  4  may be a part of the comprehensive investment plan or as may

  5  be deemed necessary or proper by the board or such person,

  6  including, but not limited to, providing consolidated billing,

  7  individual and collective recordkeeping and accountings, and

  8  asset purchase, control, and safekeeping.

  9         (t)  Endorse insurance coverage written exclusively for

10  the purpose of protecting advance payment contracts, and the

11  purchasers and beneficiaries thereof, which may be issued in

12  the form of a group life policy and which is exempt from the

13  provisions of part V of chapter 627.

14         (u)  Solicit proposals and contract, pursuant to s.

15  287.057, for the services of a records administrator. The

16  goals of the board in selecting a records administrator shall

17  be to provide all purchasers with the most secure,

18  well-diversified, and beneficially administered postsecondary

19  education expense plan possible, to allow all qualified firms

20  interested in providing such services equal consideration, and

21  to provide such services to the state at no cost and to the

22  purchasers at the lowest cost possible. Evaluations of

23  proposals submitted pursuant to this paragraph shall include,

24  but not be limited to, the following criteria:

25         1.  Fees and other costs charged to purchasers that

26  affect account values or operational costs related to the

27  program.

28         2.  Past experience in records administration and

29  current ability to provide timely and accurate service in the

30  areas of records administration, audit and reconciliation,

31

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  1  plan communication, participant service, and complaint

  2  resolution.

  3         3.  Sufficient staff and computer capability for the

  4  scope and level of service expected by the board.

  5         4.  Financial history and current financial strength

  6  and capital adequacy to provide administrative services

  7  required by the board.

  8         (v)  Establish other policies, procedures, and criteria

  9  to implement and administer the provisions of this section.

10         (g)  The board shall annually prepare or cause to be

11  prepared a report setting forth in appropriate detail an

12  accounting of the fund and a description of the financial

13  condition of the program at the close of each fiscal year.

14  Such report shall be submitted to the President of the Senate,

15  the Speaker of the House of Representatives, and members of

16  the State Board of Education on or before March 31 each year.

17  In addition, the board shall make the report available to

18  purchasers of advance payment contracts.  The board shall

19  provide to the Board of Regents and the State Board of

20  Community Colleges by March 31 each year complete advance

21  payment contract sales information including projected

22  postsecondary enrollments of qualified beneficiaries.  The

23  accounts of the fund shall be subject to annual audits by the

24  Auditor General or his or her designee.

25         (8)(h)  QUALIFIED STATE TUITION PROGRAM

26  STATUS.--Notwithstanding any other provision of this section,

27  the board may adopt rules necessary to enable the program to

28  retain its status as a "qualified state tuition prepaid

29  program" in order to maintain its tax exempt status or other

30  similar status of the program, purchasers, and qualified

31  beneficiaries under the Internal Revenue Code of 1986, as

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  1  defined in s. 220.03(1). The board shall inform purchasers of

  2  changes to the tax or securities status of contracts purchased

  3  through the program.

  4         (i)  The board shall solicit proposals for the

  5  marketing of the Florida Prepaid Postsecondary Education

  6  Expense Program pursuant to s. 287.057.  The entity designated

  7  pursuant to this paragraph shall serve as a centralized

  8  marketing agent for the program and shall be solely

  9  responsible for the marketing of the program.  Any materials

10  produced for the purpose of marketing the program shall be

11  submitted to the board for review.  No such materials shall be

12  made available to the public before the materials are approved

13  by the board.  Any educational institution may distribute

14  marketing materials produced for the program; however, all

15  such materials shall have been approved by the board prior to

16  distribution.  Neither the state nor the board shall be liable

17  for misrepresentation of the program by a marketing agent.

18         (j)  The board may establish a direct-support

19  organization which is:

20         1.  A Florida corporation, not for profit, incorporated

21  under the provisions of chapter 617 and approved by the

22  Secretary of State.

23         2.  Organized and operated exclusively to receive,

24  hold, invest, and administer property and to make expenditures

25  to or for the benefit of the program.

26         3.  An organization which the board, after review, has

27  certified to be operating in a manner consistent with the

28  goals of the program and in the best interests of the state.

29  Unless so certified, the organization may not use the name of

30  the program.

31

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  1         4.  Subject to an annual postaudit by an independent

  2  certified public accountant in accordance with rules

  3  promulgated by the board.  The annual audit shall be submitted

  4  to the State Board of Administration and the Auditor General

  5  for review.  The State Board of Administration and Auditor

  6  General shall have the authority to require and receive from

  7  the organization or its independent auditor any detail or

  8  supplemental data relative to the operation of the

  9  organization.  The identity of donors who desire to remain

10  anonymous shall be confidential and exempt from the provisions

11  of s. 119.07(1) and s. 24(a), Art. I of the State

12  Constitution, and such anonymity shall be maintained in the

13  auditor's report. Information received by the organization

14  that is otherwise confidential or exempt by law shall retain

15  such status.  Any sensitive, personal information regarding

16  contract beneficiaries, including their identities, is exempt

17  from the provisions of s. 119.07(1) and s. 24(a), Art. I of

18  the State Constitution.

19

20  The chair of the board and the executive director shall be

21  directors of the direct-support organization and shall jointly

22  name three other individuals to serve as directors of the

23  organization.

24         (k)  The board may endorse insurance coverage written

25  exclusively for the purpose of protecting advance payment

26  contracts, and the purchasers or beneficiaries thereof, which

27  may be issued in the form of a group life policy and which is

28  exempt from the provisions of part V of chapter 627.

29         (9)  PREPAID COLLEGE PLANS.--At a minimum, the board

30  shall make advance payment contracts available for two

31  independent plans to be known as the community college plan

                                  17

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  1  and the university plan. The board may also make advance

  2  payment contracts available for a dormitory residence plan.

  3         (a)1.  Through the community college plan, the advance

  4  payment contract shall provide prepaid registration fees for a

  5  specified number of undergraduate semester credit hours not to

  6  exceed the average number of hours required for the conference

  7  of an associate degree. The cost of participation in the

  8  community college plan shall be based primarily on the average

  9  current and projected registration fees within the State

10  Community College System and the number of years expected to

11  elapse between the purchase of the plan on behalf of a

12  qualified beneficiary and the exercise of the benefits

13  provided in the plan by such beneficiary. Qualified

14  beneficiaries shall bear the cost of any laboratory fees

15  associated with enrollment in specific courses. Each qualified

16  beneficiary shall be classified as a resident for tuition

17  purposes, pursuant to s. 240.1201, regardless of his or her

18  actual legal residence.

19         2.  Effective July 1, 1998, the board may provide

20  advance payment contracts for additional fees delineated in s.

21  240.35, not to exceed the average number of hours required for

22  the conference of an associate degree, in conjunction with

23  advance payment contracts for registration fees. The cost of

24  purchasing such fees shall be based primarily on the average

25  current and projected fees within the State Community College

26  System and the number of years expected to elapse between the

27  purchase of the plan on behalf of the beneficiary and the

28  exercise of benefits provided in the plan by such beneficiary.

29  Community college plan contracts purchased prior to July 1,

30  1998, shall be limited to the payment of registration fees as

31  defined in subsection (2).

                                  18

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  1         (b)1.  Through the university plan, the advance payment

  2  contract shall provide prepaid registration fees for a

  3  specified number of undergraduate semester credit hours not to

  4  exceed the average number of hours required for the conference

  5  of a baccalaureate degree. The cost of participation in the

  6  university plan shall be based primarily on the current and

  7  projected registration fees within the State University System

  8  and the number of years expected to elapse between the

  9  purchase of the plan on behalf of a qualified beneficiary and

10  the exercise of the benefits provided in the plan by such

11  beneficiary. Qualified beneficiaries shall bear the cost of

12  any laboratory fees associated with enrollment in specific

13  courses. Each qualified beneficiary shall be classified as a

14  resident for tuition purposes pursuant to s. 240.1201,

15  regardless of his or her actual legal residence.

16         2.  Effective July 1, 1998, the board may provide

17  advance payment contracts for additional fees delineated in s.

18  240.235(1), for a specified number of undergraduate semester

19  credit hours not to exceed the average number of hours

20  required for the conference of a baccalaureate degree, in

21  conjunction with advance payment contracts for registration

22  fees. Such contracts shall provide prepaid coverage for the

23  sum of such fees, to a maximum of 45 percent of the cost of

24  registration fees. The costs of purchasing such fees shall be

25  based primarily on the average current and projected cost of

26  these fees within the State University System and the number

27  of years expected to elapse between the purchase of the plan

28  on behalf of the qualified beneficiary and the exercise of the

29  benefits provided in the plan by such beneficiary. University

30  plan contracts purchased prior to July 1, 1998, shall be

31

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  1  limited to the payment of registration fees as defined in

  2  subsection (2).

  3         (c)  Through the dormitory residence plan, the advance

  4  payment contract may provide prepaid housing fees for a

  5  maximum of 10 semesters of full-time undergraduate enrollment

  6  in a state university. Dormitory residence plans shall be

  7  purchased in increments of 2 semesters. The cost of

  8  participation in the dormitory residence plan shall be based

  9  primarily on the average current and projected housing fees

10  within the State University System and the number of years

11  expected to elapse between the purchase of the plan on behalf

12  of a qualified beneficiary and the exercise of the benefits

13  provided in the plan by such beneficiary. Qualified

14  beneficiaries shall have the highest priority in the

15  assignment of housing within university residence halls.

16  Qualified beneficiaries shall bear the cost of any additional

17  elective charges such as laundry service or long-distance

18  telephone service. Each state university may specify the

19  residence halls or other university-held residences eligible

20  for inclusion in the plan. In addition, any state university

21  may request immediate termination of a dormitory residence

22  contract based on a violation or multiple violations of rules

23  of the residence hall or other university-held residences. In

24  the event that sufficient housing is not available for all

25  qualified beneficiaries, the board shall refund the purchaser

26  or qualified beneficiary an amount equal to the fees charged

27  for dormitory residence during that semester. If a qualified

28  beneficiary fails to be admitted to a state university or

29  chooses to attend a community college that operates one or

30  more dormitories or residency opportunities, or has one or

31  more dormitories or residency opportunities operated by the

                                  20

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  1  community college direct-support organization, the qualified

  2  beneficiary may transfer or cause to have transferred to the

  3  community college, or community college direct-support

  4  organization, the fees associated with dormitory residence.

  5  Dormitory fees transferred to the community college or

  6  community college direct-support organization may not exceed

  7  the maximum fees charged for state university dormitory

  8  residence for the purposes of this section, or the fees

  9  charged for community college or community college

10  direct-support organization dormitories or residency

11  opportunities, whichever is less.

12         (10)  TRANSFER OF BENEFITS TO PRIVATE AND OUT-OF-STATE

13  COLLEGES AND UNIVERSITIES.--

14         (a)  A qualified beneficiary may apply a community

15  college plan, university plan, or dormitory residence plan

16  toward any eligible independent college or university. An

17  independent college or university which is located and

18  chartered in Florida, is not for profit, is accredited by the

19  Commission on Colleges of the Southern Association of Colleges

20  and Schools or the Accrediting Commission of the Association

21  of Independent Colleges and Schools, and which confers degrees

22  as defined in s. 246.021, shall be eligible for such

23  application. The board shall transfer, or cause to have

24  transferred, to the eligible independent college or university

25  designated by the qualified beneficiary an amount not to

26  exceed the redemption value of the advance payment contract

27  within a state postsecondary institution. In the event that

28  the cost of registration or housing fees at the independent

29  college or university is less than the corresponding fees at a

30  state postsecondary institution, the amount transferred shall

31  not exceed the actual cost of registration or housing fees. No

                                  21

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  1  transfer authorized pursuant to this paragraph shall exceed

  2  the number of semester credit hours or semesters of dormitory

  3  residence contracted on behalf of a qualified beneficiary.

  4         (b)  A qualified beneficiary may apply the benefits of

  5  an advance payment contract toward an eligible out-of-state

  6  college or university. An out-of-state college or university

  7  which is not for profit and is accredited by a regional

  8  accrediting association, and which confers baccalaureate

  9  degrees, shall be eligible for such application. The board

10  shall transfer, or cause to have transferred, an amount not to

11  exceed the redemption value of the advance payment contract or

12  the original purchase price plus 5 percent compounded

13  interest, whichever is less, after assessment of a reasonable

14  transfer fee. In the event that the cost of registration or

15  housing fees charged the qualified beneficiary at the eligible

16  out-of-state college or university is less than this

17  calculated amount, the amount transferred shall not exceed the

18  actual cost of registration or housing fees. Any remaining

19  amount shall be transferred in subsequent semesters until the

20  transfer value is depleted. No transfer authorized pursuant to

21  this paragraph shall exceed the number of semester credit

22  hours or semesters of dormitory residence contracted on behalf

23  of a qualified beneficiary.

24         (11)(6)(a)  ADVANCE PAYMENT CONTRACTS; CONTENTS.--The

25  board shall construct advance payment contracts for

26  registration and may construct advance payment contracts for

27  dormitory residence as provided in accordance with the

28  provisions of this section. Advance payment contracts

29  constructed for the purposes of this section shall be exempt

30  from the provisions of chapter 517 and the Florida Insurance

31  Code. The board may request assistance from the Department of

                                  22

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  1  Legal Affairs in the development of the advance payment

  2  contracts.  The contents of both Such contracts shall include,

  3  but not be limited to, the following:

  4         (a)1.  The amount of the payment or payments and the

  5  number of payments required from a purchaser on behalf of a

  6  qualified beneficiary.

  7         (b)2.  The terms and conditions under which purchasers

  8  shall remit payments, including, but not limited to, the date

  9  or dates upon which each payment shall be due.

10         (c)3.  Provisions for late payment charges and for

11  default.

12         (d)4.  Provisions for penalty fees for withdrawals from

13  the fund.

14         (e)5.  Except for an advance payment contract entered

15  into pursuant to subsection (22) paragraph (5)(j), the name

16  and date of birth of the qualified beneficiary on whose behalf

17  the contract is drawn and the terms and conditions under which

18  another person may be substituted as the qualified

19  beneficiary.

20         (f)6.  The name of any person who may terminate the

21  contract. The terms of the contract shall specify whether the

22  contract may be terminated by the purchaser, the qualified

23  beneficiary, a specific designated person, or any combination

24  of these persons.

25         (g)7.  The terms and conditions under which a contract

26  may be terminated, modified, or converted, the name of the

27  person entitled to any refund due as a result of termination

28  of the contract pursuant to such terms and conditions, and the

29  amount of refund, if any, due to the person so named.

30

31

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  1         8.  The time limitations, if any, within which the

  2  qualified beneficiary must claim his or her benefits through

  3  the program.

  4         9.  Other terms and conditions deemed by the board to

  5  be necessary or proper.

  6         (b)  In addition to the provisions of paragraph (a), an

  7  advance payment contract for registration shall include, but

  8  not be limited to, the following:

  9         (h)1.  The number of semester credit hours or semesters

10  of dormitory residence contracted by the purchaser.

11         (i)2.  The state postsecondary system toward which the

12  contracted credit hours or semesters of dormitory residence

13  will be applied.

14         (j)3.  The assumption of a contractual obligation by

15  the board to the qualified beneficiary to provide for a

16  specified number of semester credit hours of undergraduate

17  instruction at a state postsecondary institution, not to

18  exceed the average number of credit hours required for the

19  conference of the degree that corresponds to the plan

20  purchased on behalf of the qualified beneficiary or to provide

21  for a specified number of semesters of dormitory residence,

22  not to exceed the number of semesters of full-time enrollment

23  required for the conference of a baccalaureate degree.

24         (k)  Other terms and conditions deemed by the board to

25  be necessary or proper.

26         (c)  In addition to the provisions of paragraph (a), an

27  advance payment contract for dormitory residence shall

28  include, but not be limited to, the following:

29         1.  The number of semesters of dormitory residence

30  contracted by the purchaser.

31

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  1         2.  The assumption of a contractual obligation by the

  2  board to the qualified beneficiary to provide for a specified

  3  number of semesters of dormitory residence at a state

  4  university, not to exceed the maximum number of semesters of

  5  full-time enrollment required for the conference of a

  6  baccalaureate degree.

  7         (12)(d)  DURATION OF BENEFITS; ADVANCE PAYMENT

  8  CONTRACT.--An advance payment contract may provide that

  9  contracts which have not been terminated or the benefits

10  exercised within a specified period of time shall be

11  considered terminated.  Time expended by a qualified

12  beneficiary as an active duty member of any of the armed

13  services of the United States shall be added to the period of

14  time specified pursuant to this subsection paragraph.  No

15  purchaser or qualified beneficiary whose advance payment

16  contract is terminated pursuant to this subsection paragraph

17  shall be entitled to a refund.  The board shall retain any

18  moneys paid by the purchaser for an advance payment contract

19  that has been terminated in accordance with this subsection

20  paragraph.  Such moneys retained by the board are exempt from

21  chapter 717, and such retained moneys must be used by the

22  board to further the purposes of this section.

23         (13)  REFUNDS.--

24         (a)(e)1.  Except as provided in paragraphs (b) and (c),

25  no refund provided pursuant to subparagraph (a)7. shall exceed

26  the amount paid into the fund by the purchaser.  In the event

27  that an advance payment contract is converted from a

28  university to a community college registration plan, the

29  refund amount shall be reduced by the amount transferred to a

30  community college on behalf of the qualified beneficiary.

31

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  1  However, refunds may exceed the amount paid into the fund in

  2  the following circumstances:

  3         (b)a.  If the beneficiary is awarded a scholarship, the

  4  terms of which cover the benefits included in the advance

  5  payment contracts, moneys paid for the purchase of the advance

  6  payment contracts shall be returned to the purchaser in

  7  semester installments coinciding with the matriculation by the

  8  beneficiary in amounts of either the original purchase price

  9  plus 5 percent compounded interest, or the current rates at

10  state postsecondary institutions, whichever is less.

11         (c)b.  In the event of the death or total disability of

12  the beneficiary, moneys paid for the purchase of advance

13  payment contracts shall be returned to the purchaser together

14  with 5 percent compounded interest, or the current rates at

15  state postsecondary institutions, whichever is less.

16         (d)c.  If an advance payment contract is converted from

17  one registration plan to a plan of lesser value a university

18  plan to a community college plan or a community college plus

19  university plan, or is converted from a community college plus

20  university plan to a community college plan, the amount

21  refunded shall not exceed the difference between the amount

22  paid for the original contract and the amount that would have

23  been paid for the contract to which the plan is converted had

24  the converted plan been purchased under the same payment plan

25  at the time the original advance payment contract was

26  executed.

27         (e)2.  No refund shall be authorized through an advance

28  payment contract for any school year partially attended but

29  not completed.  For purposes of this section, a school year

30  partially attended but not completed shall mean any one

31  semester whereby the student is still enrolled at the

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  1  conclusion of the official drop-add period, but withdraws

  2  before the end of such semester. If a beneficiary does not

  3  complete a community college plan or university plan for

  4  reasons other than specified in paragraph (c) subparagraph 1.,

  5  the purchaser shall receive a refund of the amount paid into

  6  the fund for the remaining unattended years of the advance

  7  payment contract pursuant to rules promulgated by the board.

  8         (14)(f)  CONFIDENTIALITY OF ACCOUNT

  9  INFORMATION.--Information that identifies the purchasers or

10  beneficiaries of any plan promulgated under this section and

11  their advance payment account activities is exempt from the

12  provisions of s. 119.07(1).  However, the board may authorize

13  the program's records administrator to release such

14  information to a community college, college, or university in

15  which a beneficiary may enroll or is enrolled.  Community

16  colleges, colleges, and universities shall maintain such

17  information as exempt from the provisions of s. 119.07(1).

18         (7)  At a minimum, the board shall make advance payment

19  contracts available for two independent plans to be known as

20  the community college plan and the university plan. The board

21  may also make advance payment contracts available for a

22  dormitory residence plan.

23         (a)  Through the community college plan, the advance

24  payment contract shall provide prepaid registration fees for a

25  specified number of undergraduate semester credit hours not to

26  exceed the average number of hours required for the conference

27  of an associate degree.  The cost of participation in the

28  community college plan shall be based primarily on the average

29  current and projected registration fees within the State

30  Community College System and the number of years expected to

31  elapse between the purchase of the plan on behalf of a

                                  27

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  1  qualified beneficiary and the exercise of the benefits

  2  provided in the plan by such beneficiary. Qualified

  3  beneficiaries shall bear the cost of any laboratory fees

  4  associated with enrollment in specific courses.  Each

  5  qualified beneficiary shall be classified as a resident for

  6  tuition purposes pursuant to s. 240.1201 regardless of his or

  7  her actual legal residence.

  8         (b)  Through the university plan, the advance payment

  9  contract shall provide prepaid registration fees for a

10  specified number of undergraduate semester credit hours not to

11  exceed the average number of hours required for the conference

12  of a baccalaureate degree.  The cost of participation in the

13  university plan shall be based primarily on the current and

14  projected registration fees within the State University System

15  and the number of years expected to elapse between the

16  purchase of the plan on behalf of a qualified beneficiary and

17  the exercise of the benefits provided in the plan by such

18  beneficiary.  Qualified beneficiaries shall bear the cost of

19  any laboratory fees associated with enrollment in specific

20  courses.  In the event that a qualified beneficiary fails to

21  be admitted to a state university or chooses to attend a

22  community college, the qualified beneficiary may convert the

23  average number of semester credit hours required for the

24  conference of an associate degree from a university plan to a

25  community college plan and may retain the remaining semester

26  credit hours in the university plan or may request a refund

27  for prepaid credit hours in excess of the average number of

28  semester credit hours required for the conference of an

29  associate degree pursuant to subparagraph (6)(a)7.  Each

30  qualified beneficiary shall be classified as a resident for

31

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  1  tuition purposes pursuant to s. 240.1201 regardless of his or

  2  her actual legal residence.

  3         (c)  Through the dormitory residence plan, the advance

  4  payment contract may provide prepaid housing fees for a

  5  maximum of 10 semesters of full-time undergraduate enrollment

  6  in a state university. Dormitory residence plans shall be

  7  purchased in increments of 2 semesters. The cost of

  8  participation in the dormitory residence plan shall be based

  9  primarily on the average current and projected housing fees

10  within the State University System and the number of years

11  expected to elapse between the purchase of the plan on behalf

12  of a qualified beneficiary and the exercise of the benefits

13  provided in the plan by such beneficiary.  Qualified

14  beneficiaries shall bear the cost of any additional elective

15  charges such as laundry service or long-distance telephone

16  service.  Each state university may specify the residence

17  halls or other university-held residences eligible for

18  inclusion in the plan. In addition, any state university may

19  request immediate termination of a dormitory residence

20  contract based on a violation or multiple violations of rules

21  of the residence hall or other university-held residences.

22  Qualified beneficiaries shall have the highest priority in the

23  assignment of housing within university residence halls.  In

24  the event that sufficient housing is not available for all

25  qualified beneficiaries, the board shall refund the purchaser

26  or qualified beneficiary an amount equal to the fees charged

27  for dormitory residence during that semester.  If a qualified

28  beneficiary fails to be admitted to a state university or

29  chooses to attend a community college that operates one or

30  more dormitories or residency opportunities, or has one or

31  more dormitories or residency opportunities operated by the

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  1  community college direct-support organization, the qualified

  2  beneficiary may transfer or cause to have transferred to the

  3  community college, or community college direct-support

  4  organization, the fees associated with dormitory residence.

  5  Dormitory fees transferred to the community college or

  6  community college direct-support organization may not exceed

  7  the maximum fees charged for state university dormitory

  8  residence for the purposes of this section, or the fees

  9  charged for community college or community college

10  direct-support organization dormitories or residency

11  opportunities, whichever is less.

12         (d)  A qualified beneficiary may apply a community

13  college plan, university plan, or dormitory residence plan

14  toward any eligible independent college or university.  An

15  independent college or university which is located and

16  chartered in Florida, is not for profit, is accredited by the

17  Commission on Colleges of the Southern Association of Colleges

18  and Schools or the Accrediting Commission of the Association

19  of Independent Colleges and Schools, and which confers degrees

20  as defined in s. 246.021 shall be eligible for such

21  application.  The board shall transfer or cause to have

22  transferred to the eligible independent college or university

23  designated by the qualified beneficiary an amount not to

24  exceed the redemption value of the advance payment contract

25  within a state postsecondary institution.  In the event that

26  the cost of registration or housing fees at the independent

27  college or university is less than the corresponding fees at a

28  state postsecondary institution, the amount transferred shall

29  not exceed the actual cost of registration or housing fees.

30  No transfer authorized pursuant to this paragraph shall exceed

31

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  1  the number of semester credit hours or semesters of dormitory

  2  residence contracted on behalf of a qualified beneficiary.

  3         (e)  A qualified beneficiary may apply the benefits of

  4  an advance payment contract toward an eligible out-of-state

  5  college or university. An out-of-state college or university

  6  which is not for profit, is accredited by a regional

  7  accrediting association, and which confers baccalaureate

  8  degrees shall be eligible for such application.  The board

  9  shall transfer, or cause to have transferred, an amount not to

10  exceed the redemption value of the advance payment contract or

11  the original purchase price plus 5 percent compounded

12  interest, whichever is less, after assessment of a reasonable

13  transfer fee. In the event that the cost of registration or

14  housing fees charged the qualified beneficiary at the eligible

15  out-of-state college or university is less than this

16  calculated amount, the amount transferred shall not exceed the

17  actual cost of registration or housing fees.  Any remaining

18  amount shall be transferred in subsequent semesters until the

19  transfer value is depleted.  No transfer authorized pursuant

20  to this paragraph shall exceed the number of semester credit

21  hours or semesters of dormitory residence contracted on behalf

22  of a qualified beneficiary.

23         (8)  The board shall solicit proposals for the

24  operation of the Florida Prepaid Postsecondary Education

25  Expense Program pursuant to s. 287.057, through which the

26  board shall contract for the services of a records

27  administrator, a trustee services firm, and one or more

28  product providers.

29         (a)  The records administrator shall be the entity

30  designated by the board to conduct the daily operations of the

31  program on behalf of the board. The goals of the board in

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  1  selecting a records administrator shall be to provide all

  2  purchasers with the most secure, well-diversified, and

  3  beneficially administered postsecondary education expense plan

  4  possible, to allow all qualified firms interested in providing

  5  such services equal consideration, and to provide such

  6  services to the state at no cost and to the purchasers at the

  7  lowest cost possible. Evaluations of proposals submitted

  8  pursuant to this paragraph shall include, but not be limited

  9  to, the following criteria:

10         1.  Fees and other costs charged to purchasers that

11  affect account values or operational costs related to the

12  program.

13         2.  Past experience in records administration and

14  current ability to provide timely and accurate service in the

15  areas of records administration, audit and reconciliation,

16  plan communication, participant service, and complaint

17  resolution.

18         3.  Sufficient staff and computer capability for the

19  scope and level of service expected by the board.

20         4.  Financial history and current financial strength

21  and capital adequacy to provide administrative services

22  required by the board.

23         (b)  The trustee services firm shall be the entity

24  designated by the board to select and supervise investment

25  programs on behalf of the board. The goals of the board in

26  selecting a trustee services firm shall be to obtain the

27  highest standards of professional trustee services, to allow

28  all qualified firms interested in providing such services

29  equal consideration, and to provide such services to the state

30  at no cost and to the purchasers at the lowest cost possible.

31  The trustee services firm shall agree to meet the obligations

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  1  of the board to qualified beneficiaries if moneys in the fund

  2  fail to offset the obligations of the board as a result of

  3  imprudent selection or supervision of investment programs by

  4  such firm.  Evaluations of proposals submitted pursuant to

  5  this paragraph shall include, but not be limited to, the

  6  following criteria:

  7         1.  Adequacy of trustee services for supervision and

  8  management of the program, including current operations and

  9  staff organization and commitment of management to the

10  proposal.

11         2.  Capability to execute program responsibilities

12  within time and regulatory constraints.

13         3.  Past experience in trustee services and current

14  ability to maintain regular and continuous interactions with

15  the board, records administrator, and product provider.

16         4.  The minimum purchaser participation assumed within

17  the proposal and any additional requirements of purchasers.

18         5.  Adequacy of technical assistance and services

19  proposed for staff.

20         6.  Adequacy of a management system for evaluating and

21  improving overall trustee services to the program.

22         7.  Adequacy of facilities, equipment, and electronic

23  data processing services.

24         8.  Detailed projections of administrative costs,

25  including the amount and type of insurance coverage, and

26  detailed projections of total costs.

27         (c)1.  The product providers shall be the entities

28  designated by the board to develop investment portfolios on

29  behalf of the board to achieve the purposes of this section.

30  Product providers shall be limited to authorized insurers as

31  defined in s. 624.09, banks as defined in s. 658.12,

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  1  associations as defined in s. 665.012, authorized Securities

  2  and Exchange Commission investment advisers, and investment

  3  companies as defined in the Investment Company Act of 1940.

  4  All product providers shall have their principal place of

  5  business and corporate charter located and registered in the

  6  United States. In addition, each product provider shall agree

  7  to meet the obligations of the board to qualified

  8  beneficiaries if moneys in the fund fail to offset the

  9  obligations of the board as a result of imprudent investing by

10  such provider. Each authorized insurer shall evidence superior

11  performance overall on an acceptable level of surety in

12  meeting its obligations to its policyholders and other

13  contractual obligations.  Only qualified public depositories

14  approved by the State Insurance Commissioner and Treasurer

15  shall be eligible for board consideration.  Each investment

16  company shall provide investment plans as specified within the

17  request for proposals.

18         2.  The goals of the board in selecting a product

19  provider company shall be to provide all purchasers with the

20  most secure, well-diversified, and beneficially administered

21  postsecondary education expense plan possible, to allow all

22  qualified firms interested in providing such services equal

23  consideration, and to provide such services to the state at no

24  cost and to the purchasers at the lowest cost possible.

25  Evaluations of proposals submitted pursuant to this paragraph

26  shall include, but not be limited to, the following criteria:

27         a.  Fees and other costs charged to purchasers that

28  affect account values or operational costs related to the

29  program.

30         b.  Past and current investment performance, including

31  investment and interest rate history, guaranteed minimum rates

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  1  of interest, consistency of investment performance, and any

  2  terms and conditions under which moneys are held.

  3         c.  Past experience and ability to provide timely and

  4  accurate service in the areas of records administration,

  5  benefit payments, investment management, and complaint

  6  resolution.

  7         d.  Financial history and current financial strength

  8  and capital adequacy to provide products, including operating

  9  procedures and other methods of protecting program assets.

10         (15)(9)  OBLIGATIONS OF BOARD; PAYMENT.--The state

11  shall agree to meet the obligations of the board to qualified

12  beneficiaries if moneys in the fund fail to offset the

13  obligations of the board. The Legislature shall appropriate to

14  the Florida Prepaid College Postsecondary Education Expense

15  Trust Fund the amount necessary to meet the obligations of the

16  board to qualified beneficiaries.

17         (16)(10)  ASSETS OF THE FUND; EXPENDITURE

18  PRIORITY.--The assets of the fund shall be maintained,

19  invested, and expended solely for the purposes of this section

20  and shall not be loaned, transferred, or otherwise used by the

21  state for any purpose other than the purposes of this section.

22  This subsection shall not be construed to prohibit the board

23  from investing in, by purchase or otherwise, bonds, notes, or

24  other obligations of the state or an agency or instrumentality

25  of the state. Unless otherwise specified by the board, assets

26  of the fund shall be expended in the following order of

27  priority:

28         (a)  To make payments to state postsecondary

29  institutions on behalf of qualified beneficiaries.

30         (b)  To make refunds upon termination of advance

31  payment contracts.

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  1         (c)  To pay the costs of program administration and

  2  operations.

  3         (17)(11)  EXEMPTION FROM CLAIMS OF CREDITORS.--Moneys

  4  paid into or out of the fund by or on behalf of a purchaser or

  5  qualified beneficiary of an advance payment contract made

  6  under this section, which contract has not been terminated,

  7  are exempt, as provided by s. 222.22, from all claims of

  8  creditors of the purchaser or the beneficiary. Neither moneys

  9  paid into the program nor benefits accrued through the program

10  may be pledged for the purpose of securing a loan.

11         (18)(12)  PAYROLL DEDUCTION AUTHORITY.--The state or

12  any state agency, county, municipality, or other political

13  subdivision may, by contract or collective bargaining

14  agreement, agree with any employee to remit payments toward

15  advance payment contracts through payroll deductions made by

16  the appropriate officer or officers of the state, state

17  agency, county, municipality, or political subdivision.  Such

18  payments shall be held and administered in accordance with

19  this section.

20         (19)(13)  DISCLAIMER.--Nothing in this section shall be

21  construed as a promise or guarantee that a qualified

22  beneficiary will be admitted to a state postsecondary

23  institution or to a particular state postsecondary

24  institution, will be allowed to continue enrollment at a state

25  postsecondary institution after admission, or will be

26  graduated from a state postsecondary institution.

27         (20)(14)  PROGRAM TERMINATION.--In the event that the

28  state determines the program to be financially infeasible, the

29  state may discontinue the provision of the program.  Any

30  qualified beneficiary who has been accepted by and is enrolled

31  or is within 5 years of enrollment in an eligible independent

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  1  college or university or state postsecondary institution shall

  2  be entitled to exercise the complete benefits for which he or

  3  she has contracted.  All other contract holders shall receive

  4  a refund, pursuant to subparagraph (6)(a)7., of the amount

  5  paid in and an additional amount in the nature of interest at

  6  a rate that corresponds, at a minimum, to the prevailing

  7  interest rates for savings accounts provided by banks and

  8  savings and loan associations.

  9         (21)  ANNUAL REPORT.--The board shall annually prepare

10  or cause to be prepared a report setting forth in appropriate

11  detail an accounting of the fund and a description of the

12  financial condition of the program at the close of each fiscal

13  year. Such report shall be submitted to the President of the

14  Senate, the Speaker of the House of Representatives, and

15  members of the State Board of Education on or before March 31

16  each year. In addition, the board shall make the report

17  available to purchasers of advance payment contracts. The

18  board shall provide to the Board of Regents and the State

19  Board of Community Colleges, by March 31 each year, complete

20  advance payment contract sales information, including

21  projected postsecondary enrollments of qualified

22  beneficiaries. The accounts of the fund shall be subject to

23  annual audits by the Auditor General or his or her designee.

24         (22)  DIRECT-SUPPORT ORGANIZATION; AUTHORITY.--

25         (a)  The board may establish a direct-support

26  organization which is:

27         1.  A Florida corporation, not for profit, incorporated

28  under the provisions of chapter 617 and approved by the

29  Secretary of State.

30

31

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  1         2.  Organized and operated exclusively to receive,

  2  hold, invest, and administer property and to make expenditures

  3  to or for the benefit of the program.

  4         3.  An organization which the board, after review, has

  5  certified to be operating in a manner consistent with the

  6  goals of the program and in the best interests of the state.

  7  Unless so certified, the organization may not use the name of

  8  the program.

  9         4.  Subject to an annual postaudit by an independent

10  certified public accountant in accordance with rules

11  promulgated by the board. The annual audit shall be submitted

12  to the State Board of Administration and the Auditor General

13  for review. The State Board of Administration and Auditor

14  General shall have the authority to require and receive from

15  the organization or its independent auditor any detail or

16  supplemental data relative to the operation of the

17  organization. The identity of donors who desire to remain

18  anonymous shall be confidential and exempt from the provisions

19  of s. 119.07(1) and s. 24(a), Art. I of the State

20  Constitution, and such anonymity shall be maintained in the

21  auditor's report. Information received by the organization

22  that is otherwise confidential or exempt by law shall retain

23  such status. Any sensitive, personal information regarding

24  contract beneficiaries, including their identities, is exempt

25  from the provisions of s. 119.07(1) and s. 24(a), Art. I of

26  the State Constitution.

27         (b)  The chair and the executive director of the board

28  shall be directors of the direct-support organization and

29  shall jointly name three other individuals to serve as

30  directors of the organization.

31

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  1         Section 2.  Section 222.22, Florida Statutes, is

  2  amended to read:

  3         222.22  Exemption of moneys in the Prepaid

  4  Postsecondary Education Expense Trust Fund from legal

  5  process.--Moneys paid into or out of the Florida Prepaid

  6  College Postsecondary Education Expense Trust Fund by or on

  7  behalf of a purchaser or qualified beneficiary pursuant to an

  8  advance payment contract made under s. 240.551, which contract

  9  has not been terminated, are not liable to attachment,

10  garnishment, or legal process in the state in favor of any

11  creditor of the purchaser or beneficiary of such advance

12  payment contract.

13         Section 3.  Subsection (2) of section 732.402, Florida

14  Statutes, is amended to read:

15         732.402  Exempt property.--

16         (2)  Exempt property shall consist of:

17         (a)  Household furniture, furnishings, and appliances

18  in the decedent's usual place of abode up to a net value of

19  $10,000 as of the date of death.; and

20         (b)  All automobiles held in the decedent's name and

21  regularly used by the decedent or members of the decedent's

22  immediate family as their personal automobiles.

23         (c)  Florida Prepaid College Program contracts

24  purchased pursuant to s. 240.551.

25         Section 4.  For the purpose of incorporating the

26  amendment to s. 732.402, Florida Statutes, in references

27  thereto, subsection (13) of section 731.201 and subsection (1)

28  of section 735.301, Florida Statutes, are reenacted to read:

29         731.201  General definitions.--Subject to additional

30  definitions in subsequent chapters that are applicable to

31

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  1  specific chapters or parts, and unless the context otherwise

  2  requires, in this code and chapters 737, 738, and 744:

  3         (13)  "Exempt property" means the property of a

  4  decedent's estate which is described in s. 732.402.

  5         735.301  Disposition without administration.--

  6         (1)  No administration shall be required or formal

  7  proceedings instituted upon the estate of a decedent leaving

  8  only personal property exempt under the provisions of s.

  9  732.402, personal property exempt from the claims of creditors

10  under the Constitution of Florida, and nonexempt personal

11  property the value of which does not exceed the sum of the

12  amount of preferred funeral expenses and reasonable and

13  necessary medical and hospital expenses of the last 60 days of

14  the last illness.

15         Section 5.  This act shall take effect July 1, 1998.

16

17          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
18                             SB 2214

19

20  The committee substitute will not authorize payments into the
    program to be counted as family assets rather than student
21  assets in calculating eligibility for financial aid. It does
    not contain a prohibition against unlawful representation
22  using the program's name.

23

24

25

26

27

28

29

30

31

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