SENATE AMENDMENT

    Bill No. SB 130

    Amendment No. 1

                            CHAMBER ACTION
              Senate                               House
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11  The Committee on Governmental Oversight and Productivity

12  recommended the following amendment:

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14         Senate Amendment (with title amendment) 

15         On page 7, between lines 6 and 7,

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17  insert:

18         Section 2.  Section 240.553(20), Florida Statutes, is

19  amended to read:

20         240.553  Florida College Savings Program.--

21         (20)  PROGRAM IMPLEMENTATION

22  RESTRICTIONS.--Implementation of the program may not begin

23  until the board has received the following:

24         (a)  A favorable written and unqualified opinion from

25  counsel specializing in federal tax matters indicating that

26  the program constitutes a qualified state tuition program

27  under s. 529 of the Internal Revenue Code;

28         (b)  A written and unqualified opinion from a qualified

29  member of the United States Patent Bar indicating that the

30  implementation of the program or the operation of the program

31  will not knowingly infringe upon any patent or copyright

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                                                  SENATE AMENDMENT

    Bill No. SB 130

    Amendment No. 1





 1  specifically related to the financing of higher education

 2  expenses;

 3         (c)  A written and unqualified opinion of qualified

 4  counsel specializing in federal securities law that the

 5  program and the offering of participation in the program does

 6  are not violate subject to federal securities law; and

 7         (d)  A written and unqualified opinion from the board's

 8  litigation counsel indicating that the implementation or

 9  operation of the program will not adversely impact any pending

10  litigation against the board.

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12  (Redesignate subsequent sections.)

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15  ================ T I T L E   A M E N D M E N T ===============

16  And the title is amended as follows:

17         On page 1, line 17, after the semicolon

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19  insert:

20         amending s. 240.553(20), F.S.; modifying the

21         type of legal counsel required prior to

22         implementing the program;

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