House Bill 4371

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    Florida House of Representatives - 1998                HB 4371

        By Representative Rayson






  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 language; correcting cross references;

10         permitting soliciting and contracting for

11         records administration services; providing for

12         the inclusion of certain fees within advance

13         payment contracts for tuition; providing for

14         the calculation of benefits for state

15         need-based financial aid; prohibiting unlawful

16         representations; amending s. 222.22, F.S.;

17         conforming provisions; amending s. 732.402,

18         F.S.; exempting Florida Prepaid College Program

19         contracts from the probate claims of creditors;

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

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

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

23         providing an effective date.

24

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

26

27         Section 1.  Section 240.551, Florida Statutes, is

28  amended to read:

29         240.551  Florida Prepaid College Postsecondary

30  Education Expense Program.--

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

  2  that educational opportunity at the postsecondary level is a

  3  critical state interest.  It further recognizes that

  4  educational opportunity is best ensured through the provision

  5  of postsecondary institutions that are geographically and

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

  7  Legislature that a program be established through which many

  8  of the costs associated with postsecondary attendance may be

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

10  duration of undergraduate enrollment.  It is similarly the

11  intent of the Legislature to provide a program that fosters

12  timely financial planning for postsecondary attendance and to

13  encourage employer participation in such planning through

14  program contributions on behalf of employees and the

15  dependents of employees.

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

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

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

19  section.

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

21  Postsecondary Education Expense Board.

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

23  Postsecondary Education Expense Trust Fund.

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

25  Postsecondary Education Expense Program.

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

27  obligated to make advance registration or dormitory residence

28  payments in accordance with an advance payment contract.

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

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

  2  enters into an advance payment contract on behalf of the

  3  resident;

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

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

  6  parent enters into an advance payment contract on behalf of

  7  the child; or

  8         3.  For purposes of advance payment contracts entered

  9  into pursuant to subsection (24) paragraph (5)(j), a graduate

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

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

12  the benefits of the advance payment contract.

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

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

15  Fund fee.

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

17  community college identified in s. 240.3031 or university

18  identified in s. 240.2011.

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

20  is created a Florida Prepaid College Postsecondary Education

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

22  registration and dormitory residence may be paid in advance of

23  enrollment in a state postsecondary institution at a rate

24  lower than the projected corresponding cost at the time of

25  actual enrollment.  Such payments shall be combined and

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

27  interest to generate the difference between the prepaid amount

28  and the cost of registration and dormitory residence at the

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

30  postsecondary institution pursuant to this section shall be

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

  2  advance payment contract.

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

  4  created within the State Board of Administration the Florida

  5  Prepaid College Postsecondary Education Expense Trust Fund.

  6  The fund shall consist of state appropriations, moneys

  7  acquired from other governmental or private sources, and

  8  moneys remitted in accordance with advance payment contracts.

  9  All funds deposited into the trust fund may be invested

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

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

12  trust fund shall increase the total funds available for the

13  program. Notwithstanding the provisions of chapter 717, funds

14  associated with terminated contracts terminated pursuant to

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

16  which no refunds have been claimed shall increase the total

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

18  establish procedures for notifying purchasers who subsequently

19  cancel their contracts of any unclaimed refund and shall

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

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

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

23  therein and shall be available for carrying out the purposes

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

25  gains exceed exceeds the amount necessary for program

26  administration and disbursements, the board may designate an

27  additional percentage of the fund to serve as a contingency

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

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

30  direct-support organization created pursuant to subsection

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  1  (24) paragraph (5)(j) shall be exempt from the provisions of

  2  this subsection paragraph.

  3         (5)  PROGRAM ADMINISTRATION.--

  4         (a)  The Florida Prepaid College Postsecondary

  5  Education Expense Program shall be administered by the Florida

  6  Prepaid College Postsecondary Education Expense Board as an

  7  agency of the state.  The Florida Prepaid College

  8  Postsecondary Education Expense Board is hereby created as a

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

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

11  6, Art. IV of the State Constitution, the board shall be

12  assigned to and administratively housed within the State Board

13  of Administration, but it shall independently exercise the

14  powers and duties specified in this section.

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

16  composed of the Insurance Commissioner and Treasurer, the

17  Comptroller, the Chancellor of the Board of Regents, the

18  Executive Director of the State Board of Community Colleges,

19  and three members appointed by the Governor and subject to

20  confirmation by the Senate.  Each member appointed by the

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

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

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

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

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

26  qualifications required of gubernatorial appointees to the

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

28  3 years except that, in making the initial appointments, the

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

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

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

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

  2  the unexpired term.  Any member shall be eligible for

  3  reappointment and shall serve until a successor qualifies.

  4  Members of the board shall serve without compensation but

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

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

  7  public disclosure of his or her financial interests pursuant

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

  9  statute.

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

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

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

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

14  member to serve as vice chair and shall designate a

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

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

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

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

19  Notwithstanding the existence of vacancies on the board, a

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

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

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

23  call of the chair.

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

25  shall:

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

27  to serve as the chief administrative and operational officer

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

29  her by the board.

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

31  sufficiently actuarially sound to defray the obligations of

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

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

  3  perceives a need for additional assets in order to preserve

  4  actuarial soundness, the board may adjust the terms of

  5  subsequent advance payment contracts to ensure such soundness.

  6         (c)  Establish a comprehensive investment plan for the

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

  8  of Administration. The comprehensive investment plan shall

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

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

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

12  or variable life insurance or annuity contracts, securities,

13  evidence of indebtedness, or other investment products

14  pursuant to the comprehensive investment plan and in such

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

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

17  be underwritten and offered in compliance with the applicable

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

19  are duly authorized by applicable federal and state

20  authorities. Within the comprehensive investment plan, the

21  board may authorize investment vehicles, or products incident

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

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

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

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

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

27  board are not prohibited from purchasing advance payment

28  contracts by virtue of their fiduciary responsibilities as

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

30  board.

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

  2  287.057, for the marketing of the Florida Prepaid College

  3  Program. The entity designated pursuant to this paragraph

  4  shall serve as a centralized marketing agent for the program

  5  and shall be solely responsible for the marketing of the

  6  program. Any materials produced for the purpose of marketing

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

  8  such materials shall be made available to the public before

  9  the materials are approved by the board. Any educational

10  institution may distribute marketing materials produced for

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

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

13  nor the board shall be liable for misrepresentation of the

14  program by a marketing agent.

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

16  287.057, for a trustee services firm to select and supervise

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

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

19  the highest standards of professional trustee services, to

20  allow all qualified firms interested in providing such

21  services equal consideration, and to provide such services to

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

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

24  obligations of the board to qualified beneficiaries if moneys

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

26  result of imprudent selection or supervision of investment

27  programs by such firm. Evaluations of proposals submitted

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

29  to, the following criteria:

30         1.  Adequacy of trustee services for supervision and

31  management of the program, including current operations and

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  1  staff organization and commitment of management to the

  2  proposal.

  3         2.  Capability to execute program responsibilities

  4  within time and regulatory constraints.

  5         3.  Past experience in trustee services and current

  6  ability to maintain regular and continuous interactions with

  7  the board, records administrator, and product provider.

  8         4.  The minimum purchaser participation assumed within

  9  the proposal and any additional requirements of purchasers.

10         5.  Adequacy of technical assistance and services

11  proposed for staff.

12         6.  Adequacy of a management system for evaluating and

13  improving overall trustee services to the program.

14         7.  Adequacy of facilities, equipment, and electronic

15  data processing services.

16         8.  Detailed projections of administrative costs,

17  including the amount and type of insurance coverage, and

18  detailed projections of total costs.

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

20  287.057, for product providers to develop investment

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

22  this section. Product providers shall be limited to authorized

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

24  658.12, associations as defined in s. 665.012, authorized

25  Securities and Exchange Commission investment advisers, and

26  investment companies as defined in the Investment Company Act

27  of 1940. All product providers shall have their principal

28  place of business and corporate charter located and registered

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

30  agree to meet the obligations of the board to qualified

31  beneficiaries if moneys in the fund fail to offset the

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

  2  such provider. Each authorized insurer shall evidence superior

  3  performance overall on an acceptable level of surety in

  4  meeting its obligations to its policyholders and other

  5  contractual obligations. Only qualified public depositories

  6  approved by the Insurance Commissioner and Treasurer shall be

  7  eligible for board consideration. Each investment company

  8  shall provide investment plans as specified within the request

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

10  provider company shall be to provide all purchasers with the

11  most secure, well-diversified, and beneficially administered

12  postsecondary education expense plan possible, to allow all

13  qualified firms interested in providing such services equal

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

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

16  Evaluations of proposals submitted pursuant to this paragraph

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

18         1.  Fees and other costs charged to purchasers that

19  affect account values or operational costs related to the

20  program.

21         2.  Past and current investment performance, including

22  investment and interest rate history, guaranteed minimum rates

23  of interest, consistency of investment performance, and any

24  terms and conditions under which moneys are held.

25         3.  Past experience and ability to provide timely and

26  accurate service in the areas of records administration,

27  benefit payments, investment management, and complaint

28  resolution.

29         4.  Financial history and current financial strength

30  and capital adequacy to provide products, including operating

31  procedures and other methods of protecting program assets.

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

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

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

  4  the power to:

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

  6         (b)2.  Sue and be sued.

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

  8  instruments.

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

10  federal, state, and local agencies, including state

11  universities and community colleges.

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

13  disbursement.

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

15  commissions, or other governmental agencies.

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

17  obligations, securities, and property determined appropriate

18  by the board.

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

20  for qualified beneficiaries.

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

22  community college plan, university plan, and dormitory

23  residence plan, respectively. However, any person denied

24  participation solely on the basis of such restriction shall be

25  granted priority for participation during the succeeding year.

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

27  fund into various accounts and funds.

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

29  employ necessary personnel, and engage the services of private

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

31  for administrative or technical assistance.

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

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

  3  any government program to carry out the purposes of this

  4  section.

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

  6  charges in connection with any transaction and impose

  7  reasonable penalties, including default, for delinquent

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

  9  fraudulent basis.

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

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

12  fund or the board.

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

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

15  limitation shall be specified within the advance payment

16  contract.

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

18  payments may be withdrawn from the fund and impose reasonable

19  fees and charges for such withdrawal. Such terms and

20  conditions shall be specified within the advance payment

21  contract.

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

23  lump sums or installment payments.

24         18.  Establish other policies, procedures, and criteria

25  to implement and administer the provisions of this section.

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

27  contracts verify, under oath, any requests for contract

28  conversions, substitutions, transfers, cancellations, refund

29  requests, or contract changes of any nature. Verification

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

31  92.525(1)(a).

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

  2  that is sufficiently actuarially sound to defray the

  3  obligations of the program.  The board shall annually evaluate

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

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

  6  to preserve actuarial soundness, the board may adjust the

  7  terms of subsequent advance payment contracts to ensure such

  8  soundness.

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

10  Board of Administration, shall establish a comprehensive

11  investment plan for the purposes of this section.  The

12  comprehensive investment plan shall specify the investment

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

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

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

16  insurance or annuity contracts, securities, evidence of

17  indebtedness, or other investment products pursuant to the

18  comprehensive investment plan and in such proportions as may

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

20  annuity, savings, or investment products shall be underwritten

21  and offered in compliance with the applicable federal and

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

23  authorized by applicable federal and state authorities.

24  Within the comprehensive investment plan, the board may

25  authorize investment vehicles, or products incident thereto,

26  as may be available or offered by qualified companies or

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

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

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

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

31  board are not prohibited from purchasing advance payment

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  1  contracts by virtue of their fiduciary responsibilities as

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

  3  board.

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

  5  administration of the comprehensive investment plan required

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

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

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

  9  private corporation or institution to provide such services as

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

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

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

13  individual and collective recordkeeping and accountings, and

14  asset purchase, control, and safekeeping.

15         (t)  Endorse insurance coverage written exclusively for

16  the purpose of protecting advance payment contracts, and the

17  purchasers and beneficiaries thereof, which may be issued in

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

19  provisions of part V of chapter 627.

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

21  287.057, for the services of a records administrator. The

22  goals of the board in selecting a records administrator shall

23  be to provide all purchasers with the most secure,

24  well-diversified, and beneficially administered postsecondary

25  education expense plan possible, to allow all qualified firms

26  interested in providing such services equal consideration, and

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

28  purchasers at the lowest cost possible. Evaluations of

29  proposals submitted pursuant to this paragraph shall include,

30  but not be limited to, the following criteria:

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  1         1.  Fees and other costs charged to purchasers that

  2  affect account values or operational costs related to the

  3  program.

  4         2.  Past experience in records administration and

  5  current ability to provide timely and accurate service in the

  6  areas of records administration, audit and reconciliation,

  7  plan communication, participant service, and complaint

  8  resolution.

  9         3.  Sufficient staff and computer capability for the

10  scope and level of service expected by the board.

11         4.  Financial history and current financial strength

12  and capital adequacy to provide administrative services

13  required by the board.

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

15  to implement and administer the provisions of this section.

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

17  prepared a report setting forth in appropriate detail an

18  accounting of the fund and a description of the financial

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

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

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

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

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

24  purchasers of advance payment contracts.  The board shall

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

26  Community Colleges by March 31 each year complete advance

27  payment contract sales information including projected

28  postsecondary enrollments of qualified beneficiaries.  The

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

30  Auditor General or his or her designee.

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  1         (8)(h)  QUALIFIED STATE TUITION PROGRAM

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

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

  4  retain its status as a "qualified state tuition prepaid

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

  6  similar status of the program, purchasers, and qualified

  7  beneficiaries under the Internal Revenue Code of 1986, as

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

  9  changes to the tax or securities status of contracts purchased

10  through the program.

11         (i)  The board shall solicit proposals for the

12  marketing of the Florida Prepaid Postsecondary Education

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

14  pursuant to this paragraph shall serve as a centralized

15  marketing agent for the program and shall be solely

16  responsible for the marketing of the program.  Any materials

17  produced for the purpose of marketing the program shall be

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

19  made available to the public before the materials are approved

20  by the board.  Any educational institution may distribute

21  marketing materials produced for the program; however, all

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

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

24  for misrepresentation of the program by a marketing agent.

25         (j)  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.

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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

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

29  directors of the direct-support organization and shall jointly

30  name three other individuals to serve as directors of the

31  organization.

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  1         (k)  The board may endorse insurance coverage written

  2  exclusively for the purpose of protecting advance payment

  3  contracts, and the purchasers or beneficiaries thereof, which

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

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

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

  7  shall make advance payment contracts available for two

  8  independent plans to be known as the community college plan

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

10  payment contracts available for a dormitory residence plan.

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

12  payment contract shall provide prepaid registration fees for a

13  specified number of undergraduate semester credit hours not to

14  exceed the average number of hours required for the conference

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

16  community college plan shall be based primarily on the average

17  current and projected registration fees within the State

18  Community College System and the number of years expected to

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

20  qualified beneficiary and the exercise of the benefits

21  provided in the plan by such beneficiary. Qualified

22  beneficiaries shall bear the cost of any laboratory fees

23  associated with enrollment in specific courses. Each qualified

24  beneficiary shall be classified as a resident for tuition

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

26  actual legal residence.

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

28  advance payment contracts for additional fees delineated in s.

29  240.35, not to exceed the average number of hours required for

30  the conference of an associate degree, in conjunction with

31  advance payment contracts for registration fees. The cost of

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  1  purchasing such fees shall be based primarily on the average

  2  current and projected fees within the State Community College

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

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

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

  6  Community college plan contracts purchased prior to July 1,

  7  1998, shall be limited to the payment of registration fees as

  8  defined in subsection (2).

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

10  contract shall provide prepaid registration fees for a

11  specified number of undergraduate semester credit hours not to

12  exceed the average number of hours required for the conference

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

14  university plan shall be based primarily on the current and

15  projected registration fees within the State University System

16  and the number of years expected to elapse between the

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

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

19  beneficiary. Qualified beneficiaries shall bear the cost of

20  any laboratory fees associated with enrollment in specific

21  courses. Each qualified beneficiary shall be classified as a

22  resident for tuition purposes pursuant to s. 240.1201,

23  regardless of his or her actual legal residence.

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

25  advance payment contracts for additional fees delineated in s.

26  240.235(1), for a specified number of undergraduate semester

27  credit hours not to exceed the average number of hours

28  required for the conference of a baccalaureate degree, in

29  conjunction with advance payment contracts for registration

30  fees. Such contracts shall provide prepaid coverage for the

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

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

  2  based primarily on the average current and projected cost of

  3  these fees within the State University System and the number

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

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

  6  benefits provided in the plan by such beneficiary. University

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

  8  limited to the payment of registration fees as defined in

  9  subsection (2).

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

11  payment contract may provide prepaid housing fees for a

12  maximum of 10 semesters of full-time undergraduate enrollment

13  in a state university. Dormitory residence plans shall be

14  purchased in increments of 2 semesters. The cost of

15  participation in the dormitory residence plan shall be based

16  primarily on the average current and projected housing fees

17  within the State University System and the number of years

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

19  of a qualified beneficiary and the exercise of the benefits

20  provided in the plan by such beneficiary. Qualified

21  beneficiaries shall have the highest priority in the

22  assignment of housing within university residence halls.

23  Qualified beneficiaries shall bear the cost of any additional

24  elective charges such as laundry service or long-distance

25  telephone service. Each state university may specify the

26  residence halls or other university-held residences eligible

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

28  may request immediate termination of a dormitory residence

29  contract based on a violation or multiple violations of rules

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

31  the event that sufficient housing is not available for all

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  1  qualified beneficiaries, the board shall refund the purchaser

  2  or qualified beneficiary an amount equal to the fees charged

  3  for dormitory residence during that semester. If a qualified

  4  beneficiary fails to be admitted to a state university or

  5  chooses to attend a community college that operates one or

  6  more dormitories or residency opportunities, or has one or

  7  more dormitories or residency opportunities operated by the

  8  community college direct-support organization, the qualified

  9  beneficiary may transfer or cause to have transferred to the

10  community college, or community college direct-support

11  organization, the fees associated with dormitory residence.

12  Dormitory fees transferred to the community college or

13  community college direct-support organization may not exceed

14  the maximum fees charged for state university dormitory

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

16  charged for community college or community college

17  direct-support organization dormitories or residency

18  opportunities, whichever is less.

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

20  COLLEGES AND UNIVERSITIES.--

21         (a)  A qualified beneficiary may apply a community

22  college plan, university plan, or dormitory residence plan

23  toward any eligible independent college or university. An

24  independent college or university which is located and

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

26  Commission on Colleges of the Southern Association of Colleges

27  and Schools or the Accrediting Commission of the Association

28  of Independent Colleges and Schools, and which confers degrees

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

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

31  transferred, to the eligible independent college or university

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  1  designated by the qualified beneficiary an amount not to

  2  exceed the redemption value of the advance payment contract

  3  within a state postsecondary institution. In the event that

  4  the cost of registration or housing fees at the independent

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

  6  state postsecondary institution, the amount transferred shall

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

  8  transfer authorized pursuant to this paragraph shall exceed

  9  the number of semester credit hours or semesters of dormitory

10  residence contracted on behalf of a qualified beneficiary.

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

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

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

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

15  accrediting association, and which confers baccalaureate

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

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

18  exceed the redemption value of the advance payment contract or

19  the original purchase price plus 5 percent compounded

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

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

22  housing fees charged the qualified beneficiary at the eligible

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

24  calculated amount, the amount transferred shall not exceed the

25  actual cost of registration or housing fees. Any remaining

26  amount shall be transferred in subsequent semesters until the

27  transfer value is depleted. No transfer authorized pursuant to

28  this paragraph shall exceed the number of semester credit

29  hours or semesters of dormitory residence contracted on behalf

30  of a qualified beneficiary.

31

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  1         (11)(6)(a)  ADVANCE PAYMENT CONTRACTS; CONTENTS.--The

  2  board shall construct advance payment contracts for

  3  registration and may construct advance payment contracts for

  4  dormitory residence as provided in accordance with the

  5  provisions of this section. Advance payment contracts

  6  constructed for the purposes of this section shall be exempt

  7  from the provisions of chapter 517 and the Florida Insurance

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

  9  Legal Affairs in the development of the advance payment

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

11  but not be limited to, the following:

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

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

14  qualified beneficiary.

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

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

17  or dates upon which each payment shall be due.

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

19  default.

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

21  the fund.

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

23  into pursuant to subsection (24) paragraph (5)(j), the name

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

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

26  another person may be substituted as the qualified

27  beneficiary.

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

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

30  contract may be terminated by the purchaser, the qualified

31

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  1  beneficiary, a specific designated person, or any combination

  2  of these persons.

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

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

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

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

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

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

  9  qualified beneficiary must claim his or her benefits through

10  the program.

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

12  be necessary or proper.

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

14  advance payment contract for registration shall include, but

15  not be limited to, the following:

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

17  of dormitory residence contracted by the purchaser.

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

19  contracted credit hours or semesters of dormitory residence

20  will be applied.

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

22  the board to the qualified beneficiary to provide for a

23  specified number of semester credit hours of undergraduate

24  instruction at a state postsecondary institution, not to

25  exceed the average number of credit hours required for the

26  conference of the degree that corresponds to the plan

27  purchased on behalf of the qualified beneficiary or to provide

28  for a specified number of semesters of dormitory residence,

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

30  required for the conference of a baccalaureate degree.

31

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

  2  be necessary or proper.

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

  4  advance payment contract for dormitory residence shall

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

  6         1.  The number of semesters of dormitory residence

  7  contracted by the purchaser.

  8         2.  The assumption of a contractual obligation by the

  9  board to the qualified beneficiary to provide for a specified

10  number of semesters of dormitory residence at a state

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

12  full-time enrollment required for the conference of a

13  baccalaureate degree.

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

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

16  contracts which have not been terminated or the benefits

17  exercised within a specified period of time shall be

18  considered terminated.  Time expended by a qualified

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

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

21  time specified pursuant to this subsection paragraph.  No

22  purchaser or qualified beneficiary whose advance payment

23  contract is terminated pursuant to this subsection paragraph

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

25  moneys paid by the purchaser for an advance payment contract

26  that has been terminated in accordance with this subsection

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

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

29  board to further the purposes of this section.

30         (13)  REFUNDS.--

31

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

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

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

  4  that an advance payment contract is converted from a

  5  university to a community college registration plan, the

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

  7  community college on behalf of the qualified beneficiary.

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

  9  the following circumstances:

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

11  terms of which cover the benefits included in the advance

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

13  payment contracts shall be returned to the purchaser in

14  semester installments coinciding with the matriculation by the

15  beneficiary in amounts of either the original purchase price

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

17  state postsecondary institutions, whichever is less.

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

19  the beneficiary, moneys paid for the purchase of advance

20  payment contracts shall be returned to the purchaser together

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

22  state postsecondary institutions, whichever is less.

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

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

25  plan to a community college plan or a community college plus

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

27  university plan to a community college plan, the amount

28  refunded shall not exceed the difference between the amount

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

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

31  the converted plan been purchased under the same payment plan

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  1  at the time the original advance payment contract was

  2  executed.

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

  4  payment contract for any school year partially attended but

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

  6  partially attended but not completed shall mean any one

  7  semester whereby the student is still enrolled at the

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

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

10  complete a community college plan or university plan for

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

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

13  the fund for the remaining unattended years of the advance

14  payment contract pursuant to rules promulgated by the board.

15         (14)(f)  CONFIDENTIALITY OF ACCOUNT

16  INFORMATION.--Information that identifies the purchasers or

17  beneficiaries of any plan promulgated under this section and

18  their advance payment account activities is exempt from the

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

20  the program's records administrator to release such

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

22  which a beneficiary may enroll or is enrolled.  Community

23  colleges, colleges, and universities shall maintain such

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

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

26  contracts available for two independent plans to be known as

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

28  may also make advance payment contracts available for a

29  dormitory residence plan.

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

31  payment contract shall provide prepaid registration fees for a

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  1  specified number of undergraduate semester credit hours not to

  2  exceed the average number of hours required for the conference

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

  4  community college plan shall be based primarily on the average

  5  current and projected registration fees within the State

  6  Community College System and the number of years expected to

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

  8  qualified beneficiary and the exercise of the benefits

  9  provided in the plan by such beneficiary. Qualified

10  beneficiaries shall bear the cost of any laboratory fees

11  associated with enrollment in specific courses.  Each

12  qualified beneficiary shall be classified as a resident for

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

14  her actual legal residence.

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

16  contract shall provide prepaid registration fees for a

17  specified number of undergraduate semester credit hours not to

18  exceed the average number of hours required for the conference

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

20  university plan shall be based primarily on the current and

21  projected registration fees within the State University System

22  and the number of years expected to elapse between the

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

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

25  beneficiary.  Qualified beneficiaries shall bear the cost of

26  any laboratory fees associated with enrollment in specific

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

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

29  community college, the qualified beneficiary may convert the

30  average number of semester credit hours required for the

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

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  1  community college plan and may retain the remaining semester

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

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

  4  semester credit hours required for the conference of an

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

  6  qualified beneficiary shall be classified as a resident for

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

  8  her actual legal residence.

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

10  payment contract may provide prepaid housing fees for a

11  maximum of 10 semesters of full-time undergraduate enrollment

12  in a state university. Dormitory residence plans shall be

13  purchased in increments of 2 semesters. The cost of

14  participation in the dormitory residence plan shall be based

15  primarily on the average current and projected housing fees

16  within the State University System and the number of years

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

18  of a qualified beneficiary and the exercise of the benefits

19  provided in the plan by such beneficiary.  Qualified

20  beneficiaries shall bear the cost of any additional elective

21  charges such as laundry service or long-distance telephone

22  service.  Each state university may specify the residence

23  halls or other university-held residences eligible for

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

25  request immediate termination of a dormitory residence

26  contract based on a violation or multiple violations of rules

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

28  Qualified beneficiaries shall have the highest priority in the

29  assignment of housing within university residence halls.  In

30  the event that sufficient housing is not available for all

31  qualified beneficiaries, the board shall refund the purchaser

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  1  or qualified beneficiary an amount equal to the fees charged

  2  for dormitory residence during that semester.  If a qualified

  3  beneficiary fails to be admitted to a state university or

  4  chooses to attend a community college that operates one or

  5  more dormitories or residency opportunities, or has one or

  6  more dormitories or residency opportunities operated by the

  7  community college direct-support organization, the qualified

  8  beneficiary may transfer or cause to have transferred to the

  9  community college, or community college direct-support

10  organization, the fees associated with dormitory residence.

11  Dormitory fees transferred to the community college or

12  community college direct-support organization may not exceed

13  the maximum fees charged for state university dormitory

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

15  charged for community college or community college

16  direct-support organization dormitories or residency

17  opportunities, whichever is less.

18         (d)  A qualified beneficiary may apply a community

19  college plan, university plan, or dormitory residence plan

20  toward any eligible independent college or university.  An

21  independent college or university which is located and

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

23  Commission on Colleges of the Southern Association of Colleges

24  and Schools or the Accrediting Commission of the Association

25  of Independent Colleges and Schools, and which confers degrees

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

27  application.  The board shall transfer or cause to have

28  transferred to the eligible independent college or university

29  designated by the qualified beneficiary an amount not to

30  exceed the redemption value of the advance payment contract

31  within a state postsecondary institution.  In the event that

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  1  the cost of registration or housing fees at the independent

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

  3  state postsecondary institution, the amount transferred shall

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

  5  No transfer authorized pursuant to this paragraph shall exceed

  6  the number of semester credit hours or semesters of dormitory

  7  residence contracted on behalf of a qualified beneficiary.

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

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

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

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

12  accrediting association, and which confers baccalaureate

13  degrees shall be eligible for such application.  The board

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

15  exceed the redemption value of the advance payment contract or

16  the original purchase price plus 5 percent compounded

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

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

19  housing fees charged the qualified beneficiary at the eligible

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

21  calculated amount, the amount transferred shall not exceed the

22  actual cost of registration or housing fees.  Any remaining

23  amount shall be transferred in subsequent semesters until the

24  transfer value is depleted.  No transfer authorized pursuant

25  to this paragraph shall exceed the number of semester credit

26  hours or semesters of dormitory residence contracted on behalf

27  of a qualified beneficiary.

28         (8)  The board shall solicit proposals for the

29  operation of the Florida Prepaid Postsecondary Education

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

31  board shall contract for the services of a records

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

  2  product providers.

  3         (a)  The records administrator shall be the entity

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

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

  6  selecting a records administrator shall be to provide all

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

  8  beneficially administered postsecondary education expense plan

  9  possible, to allow all qualified firms interested in providing

10  such services equal consideration, and to provide such

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

12  lowest cost possible. Evaluations of proposals submitted

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

14  to, the following criteria:

15         1.  Fees and other costs charged to purchasers that

16  affect account values or operational costs related to the

17  program.

18         2.  Past experience in records administration and

19  current ability to provide timely and accurate service in the

20  areas of records administration, audit and reconciliation,

21  plan communication, participant service, and complaint

22  resolution.

23         3.  Sufficient staff and computer capability for the

24  scope and level of service expected by the board.

25         4.  Financial history and current financial strength

26  and capital adequacy to provide administrative services

27  required by the board.

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

29  designated by the board to select and supervise investment

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

31  selecting a trustee services firm shall be to obtain the

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  1  highest standards of professional trustee services, to allow

  2  all qualified firms interested in providing such services

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

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

  5  The trustee services firm shall agree to meet the obligations

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

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

  8  imprudent selection or supervision of investment programs by

  9  such firm.  Evaluations of proposals submitted pursuant to

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

11  following criteria:

12         1.  Adequacy of trustee services for supervision and

13  management of the program, including current operations and

14  staff organization and commitment of management to the

15  proposal.

16         2.  Capability to execute program responsibilities

17  within time and regulatory constraints.

18         3.  Past experience in trustee services and current

19  ability to maintain regular and continuous interactions with

20  the board, records administrator, and product provider.

21         4.  The minimum purchaser participation assumed within

22  the proposal and any additional requirements of purchasers.

23         5.  Adequacy of technical assistance and services

24  proposed for staff.

25         6.  Adequacy of a management system for evaluating and

26  improving overall trustee services to the program.

27         7.  Adequacy of facilities, equipment, and electronic

28  data processing services.

29         8.  Detailed projections of administrative costs,

30  including the amount and type of insurance coverage, and

31  detailed projections of total costs.

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

  2  designated by the board to develop investment portfolios on

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

  4  Product providers shall be limited to authorized insurers as

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

  6  associations as defined in s. 665.012, authorized Securities

  7  and Exchange Commission investment advisers, and investment

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

  9  All product providers shall have their principal place of

10  business and corporate charter located and registered in the

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

12  to meet the obligations of the board to qualified

13  beneficiaries if moneys in the fund fail to offset the

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

15  such provider. Each authorized insurer shall evidence superior

16  performance overall on an acceptable level of surety in

17  meeting its obligations to its policyholders and other

18  contractual obligations.  Only qualified public depositories

19  approved by the State Insurance Commissioner and Treasurer

20  shall be eligible for board consideration.  Each investment

21  company shall provide investment plans as specified within the

22  request for proposals.

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

24  provider company shall be to provide all purchasers with the

25  most secure, well-diversified, and beneficially administered

26  postsecondary education expense plan possible, to allow all

27  qualified firms interested in providing such services equal

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

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

30  Evaluations of proposals submitted pursuant to this paragraph

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

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  1         a.  Fees and other costs charged to purchasers that

  2  affect account values or operational costs related to the

  3  program.

  4         b.  Past and current investment performance, including

  5  investment and interest rate history, guaranteed minimum rates

  6  of interest, consistency of investment performance, and any

  7  terms and conditions under which moneys are held.

  8         c.  Past experience and ability to provide timely and

  9  accurate service in the areas of records administration,

10  benefit payments, investment management, and complaint

11  resolution.

12         d.  Financial history and current financial strength

13  and capital adequacy to provide products, including operating

14  procedures and other methods of protecting program assets.

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

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

17  beneficiaries if moneys in the fund fail to offset the

18  obligations of the board. The Legislature shall appropriate to

19  the Florida Prepaid College Postsecondary Education Expense

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

21  board to qualified beneficiaries.

22         (16)(10)  ASSETS OF THE FUND; EXPENDITURE

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

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

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

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

27  This subsection shall not be construed to prohibit the board

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

29  other obligations of the state or an agency or instrumentality

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

31

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

  2  priority:

  3         (a)  To make payments to state postsecondary

  4  institutions on behalf of qualified beneficiaries.

  5         (b)  To make refunds upon termination of advance

  6  payment contracts.

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

  8  operations.

  9         (17)  CALCULATION FOR NEED-BASED STUDENT FINANCIAL

10  AID.--For the purposes of calculating student need for state

11  need-based student financial aid, the value of the advance

12  payment contract shall be prorated based on the actual

13  benefits projected to be used within the year and shall be

14  calculated as a resource of the family.

15         (18)(11)  EXEMPTION FROM CLAIMS OF CREDITORS.--Moneys

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

17  qualified beneficiary of an advance payment contract made

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

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

20  creditors of the purchaser or the beneficiary. Neither moneys

21  paid into the program nor benefits accrued through the program

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

23         (19)(12)  PAYROLL DEDUCTION AUTHORITY.--The state or

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

25  subdivision may, by contract or collective bargaining

26  agreement, agree with any employee to remit payments toward

27  advance payment contracts through payroll deductions made by

28  the appropriate officer or officers of the state, state

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

30  payments shall be held and administered in accordance with

31  this section.

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  1         (20)(13)  DISCLAIMER.--Nothing in this section shall be

  2  construed as a promise or guarantee that a qualified

  3  beneficiary will be admitted to a state postsecondary

  4  institution or to a particular state postsecondary

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

  6  postsecondary institution after admission, or will be

  7  graduated from a state postsecondary institution.

  8         (21)(14)  PROGRAM TERMINATION.--In the event that the

  9  state determines the program to be financially infeasible, the

10  state may discontinue the provision of the program.  Any

11  qualified beneficiary who has been accepted by and is enrolled

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

13  college or university or state postsecondary institution shall

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

15  she has contracted.  All other contract holders shall receive

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

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

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

19  interest rates for savings accounts provided by banks and

20  savings and loan associations.

21         (22)  UNLAWFUL REPRESENTATION.--No person may use the

22  phrase "Prepaid College," "Prepaid College Program," "Florida

23  Prepaid College Program," "State Prepaid College Program," or

24  "Florida State Prepaid College Program" or any similar phrase

25  in the title or name of any charitable or commercial

26  enterprise, product, or service without the written

27  authorization of the Florida Prepaid College Board.

28         (23)  ANNUAL REPORT.--The board shall annually prepare

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

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

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

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

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

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

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

  5  available to purchasers of advance payment contracts. The

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

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

  8  advance payment contract sales information, including

  9  projected postsecondary enrollments of qualified

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

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

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

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

14  organization which is:

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

16  under the provisions of chapter 617 and approved by the

17  Secretary of State.

18         2.  Organized and operated exclusively to receive,

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

20  to or for the benefit of the program.

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

22  certified to be operating in a manner consistent with the

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

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

25  the program.

26         4.  Subject to an annual postaudit by an independent

27  certified public accountant in accordance with rules

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

29  to the State Board of Administration and the Auditor General

30  for review. The State Board of Administration and Auditor

31  General shall have the authority to require and receive from

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  1  the organization or its independent auditor any detail or

  2  supplemental data relative to the operation of the

  3  organization. The identity of donors who desire to remain

  4  anonymous shall be confidential and exempt from the provisions

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

  6  Constitution, and such anonymity shall be maintained in the

  7  auditor's report. Information received by the organization

  8  that is otherwise confidential or exempt by law shall retain

  9  such status. Any sensitive, personal information regarding

10  contract beneficiaries, including their identities, is exempt

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

12  the State Constitution.

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

14  shall be directors of the direct-support organization and

15  shall jointly name three other individuals to serve as

16  directors of the organization.

17         Section 2.  Section 222.22, Florida Statutes, is

18  amended to read:

19         222.22  Exemption of moneys in the Prepaid

20  Postsecondary Education Expense Trust Fund from legal

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

22  College Postsecondary Education Expense Trust Fund by or on

23  behalf of a purchaser or qualified beneficiary pursuant to an

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

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

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

27  creditor of the purchaser or beneficiary of such advance

28  payment contract.

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

30  Statutes, is amended to read:

31         732.402  Exempt property.--

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  1         (2)  Exempt property shall consist of:

  2         (a)  Household furniture, furnishings, and appliances

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

  4  $10,000 as of the date of death.; and

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

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

  7  immediate family as their personal automobiles.

  8         (c)  Florida Prepaid College Program contracts

  9  purchased pursuant to s. 240.551.

10         Section 4.  For the purpose of incorporating the

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

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

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

14         731.201  General definitions.--Subject to additional

15  definitions in subsequent chapters that are applicable to

16  specific chapters or parts, and unless the context otherwise

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

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

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

20         735.301  Disposition without administration.--

21         (1)  No administration shall be required or formal

22  proceedings instituted upon the estate of a decedent leaving

23  only personal property exempt under the provisions of s.

24  732.402, personal property exempt from the claims of creditors

25  under the Constitution of Florida, and nonexempt personal

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

27  amount of preferred funeral expenses and reasonable and

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

29  the last illness.

30         Section 5.  This act shall take effect July 1 of the

31  year in which enacted.

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  1            *****************************************

  2                          HOUSE SUMMARY

  3
      Renames the Florida Prepaid Postsecondary Education
  4    Expense Program, Board, and Trust Fund the Florida
      Prepaid College Program, Board, and Trust Fund,
  5    respectively. Reorders provisions and provides technical
      revisions. Permits soliciting and contracting for records
  6    administration services. Provides for the inclusion of
      certain fees within advance payment contracts for
  7    tuition. Provides for the calculation of benefits for
      state need-based financial aid. Prohibits unlawful
  8    representations. Exempts Florida Prepaid College Program
      contracts from the probate claims of creditors.
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