Senate Bill 0130

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    Florida Senate - 2000                                   SB 130

    By Senators Lee and Laurent





    23-83-00

  1                      A bill to be entitled

  2         An act relating to postsecondary education;

  3         amending s. 240.551, F.S.; providing for the

  4         transfer of Florida Prepaid College Program

  5         benefits to certain applied technology diploma

  6         programs and vocational certificate programs;

  7         requiring the direct-support organization to

  8         operate under written contract with the board;

  9         providing contract requirements; requiring an

10         annual financial and compliance audit; allowing

11         the Florida Prepaid College Board to permit

12         direct-support organizations established under

13         this section to use the property, facilities,

14         and personal services of the board; providing

15         for such direct-support organizations to invest

16         funds with the moneys invested under the

17         Florida Prepaid College Trust Fund; providing

18         an effective date.

19

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

21

22         Section 1.  Subsections (10) and (22) of section

23  240.551, Florida Statutes, are amended to read:

24         240.551  Florida Prepaid College Program.--

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

26  COLLEGES AND UNIVERSITIES AND TO AREA TECHNICAL CENTERS.--A

27  qualified beneficiary may apply the benefits of an advance

28  payment contract toward:

29         (a)  A qualified beneficiary may apply a community

30  college plan, university plan, or dormitory residence plan

31  toward Any eligible independent college or university. An

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    Florida Senate - 2000                                   SB 130
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  1  independent college or university that which is located and

  2  chartered in Florida, that is not for profit, that is

  3  accredited by the Commission on Colleges of the Southern

  4  Association of Colleges and Schools or the Accrediting

  5  Commission of the Association of Independent Colleges and

  6  Schools, and that which confers degrees as defined in s.

  7  246.021, is shall be eligible for such application. The board

  8  shall transfer, or cause to have transferred, to the eligible

  9  independent college or university designated by the qualified

10  beneficiary an amount not to exceed the redemption value of

11  the advance payment contract within a state postsecondary

12  institution. If In the event that the cost of registration or

13  housing fees at the independent college or university is less

14  than the corresponding fees at a state postsecondary

15  institution, the amount transferred shall not exceed the

16  actual cost of registration or housing fees. A No transfer

17  authorized under pursuant to this paragraph may not shall

18  exceed the number of semester credit hours or semesters of

19  dormitory residence contracted on behalf of a qualified

20  beneficiary.

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

22  an advance payment contract toward An eligible out-of-state

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

24  that which is not for profit and is accredited by a regional

25  accrediting association, and that which confers baccalaureate

26  degrees, is shall be eligible for such application. The board

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

28  exceed the redemption value of the advance payment contract or

29  the original purchase price plus 5 percent compounded

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

31  transfer fee. If In the event that the cost of registration or

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    Florida Senate - 2000                                   SB 130
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  1  housing fees charged the qualified beneficiary at the eligible

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

  3  calculated amount, the amount transferred shall not exceed the

  4  actual cost of registration or housing fees. Any remaining

  5  amount shall be transferred in subsequent semesters until the

  6  transfer value is depleted. A No transfer authorized under

  7  pursuant to this paragraph may not shall exceed the number of

  8  semester credit hours or semesters of dormitory residence

  9  contracted on behalf of a qualified beneficiary.

10         (c)  An applied technology diploma program or

11  vocational certificate program conducted by a community

12  college listed in s. 240.3031 or an area technical center

13  operated by a district school board. The board shall transfer

14  or cause to be transferred to the community college or area

15  technical center designated by the qualified beneficiary an

16  amount not to exceed the redemption value of the advance

17  payment contract within a state postsecondary institution. If

18  the cost of the fees charged by the college or center, as

19  authorized in s. 239.117, is less than the corresponding fees

20  at a state postsecondary institution, the amount transferred

21  may not exceed the actual cost of the fees. A transfer

22  authorized under this paragraph may not exceed the number of

23  semester credit hours contracted on behalf of a qualified

24  beneficiary.

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26  Notwithstanding any other provision in this section, an

27  institution must be an "eligible educational institution"

28  under section 529 of the Internal Revenue Code to be eligible

29  for the transfer of advance payment contract benefits.

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

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

  2  organization which is:

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

  4  under the provisions of chapter 617 and approved by the

  5  Secretary of State.

  6         2.  Organized and operated exclusively to receive,

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

  8  to or for the benefit of the program.

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

10  certified to be operating in a manner consistent with the

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

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

13  the program.

14         4.  Subject to an annual postaudit by an independent

15  certified public accountant in accordance with rules

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

17  to the State Board of Administration and the Auditor General

18  for review. The State Board of Administration and Auditor

19  General shall have the authority to require and receive from

20  the organization or its independent auditor any detail or

21  supplemental data relative to the operation of the

22  organization.

23         (b)  The direct-support organization shall operate

24  under written contract with the board. The contract must

25  provide for:

26         1.  Approval of the articles of incorporation and

27  bylaws of the direct-support organization by the board.

28         2.  Submission of an annual budget for the approval of

29  the board. The budget must comply with rules adopted by the

30  board.

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  1         3.  An annual financial and compliance audit of its

  2  financial accounts and records by an independent certified

  3  public accountant in accordance with rules adopted by the

  4  board.

  5         4.  Certification by the board that the direct-support

  6  organization is complying with the terms of the contract and

  7  in a manner consistent with the goals and purposes of the

  8  board and in the best interest of the state. Such

  9  certification must be made annually and reported in the

10  official minutes of a meeting of the board.

11         5.  The reversion to the board, or to the state if the

12  board ceases to exist, of moneys and property held in trust by

13  the direct-support organization for the benefit of the board

14  or program if the direct-support organization is no longer

15  approved to operate for the board or if the board ceases to

16  exist.

17         6.  The fiscal year of the direct-support organization,

18  which must begin July 1 of each year and end June 30 of the

19  following year.

20         7.  The disclosure of material provisions of the

21  contract and of the distinction between the board and the

22  direct-support organization to donors of gifts, contributions,

23  or bequests, and such disclosure on all promotional and

24  fundraising publications.

25         (c)  An annual financial and compliance audit of the

26  financial accounts and records of the direct-support

27  organization must be performed by an independent certified

28  public accountant. The audit must be submitted to the board

29  for review and approval. Upon approval, the board shall

30  certify the audit report to the Auditor General for review.

31  The board and Auditor General shall have the authority to

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  1  require and receive from the organization or its independent

  2  auditor any detail or supplemental data relative to the

  3  operation of the organization.

  4         (d)  The identity of donors who desire to remain

  5  anonymous shall be confidential and exempt from the provisions

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

  7  Constitution, and such anonymity shall be maintained in the

  8  auditor's report. Information received by the organization

  9  that is otherwise confidential or exempt by law shall retain

10  such status. Any sensitive, personal information regarding

11  contract beneficiaries, including their identities, is exempt

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

13  the State Constitution.

14         (e)(b)  The chair and the executive director of the

15  board shall be directors of the direct-support organization

16  and shall jointly name three other individuals to serve as

17  directors of the organization.

18         (f)  The board may authorize the direct-support

19  organization established in this subsection to use program

20  property, except money, and use facilities and personal

21  services subject to the provisions of this section. If the

22  direct-support organization does not provide equal employment

23  opportunities to all persons regardless of race, color,

24  religion, sex, age, or national origin, it may not use the

25  property, facilities, or personal services of the board. For

26  the purposes of this subsection, the term "personal services"

27  includes full-time personnel and part-time personnel as well

28  as payroll processing as prescribed by rule of the board. The

29  board shall adopt rules prescribing the procedures by which

30  the direct-support organization is governed and any conditions

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  1  with which such a direct-support organization must comply to

  2  use property, facilities, or personal services of the board.

  3         (g)  The board may invest funds of the direct-support

  4  organization which have been allocated for the purchase of

  5  advance payment contracts for scholarships with receipts for

  6  advance payment contracts.

  7         Section 2.  This act shall take effect July 1, 2000.

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10                          SENATE SUMMARY

11    Allows benefits under the Florida Prepaid College Program
      to be transferred to certain applied technology diploma
12    programs and vocational certificate programs. Requires
      the direct-support organization to operate under written
13    contract with the Florida Prepaid College Board. Provides
      contract requirements. Requires an annual financial and
14    compliance audit of the accounts and records of
      direct-support organizations. Allows the Florida Prepaid
15    College Board to permit direct-support organizations
      established under s. 240.551, F.S., to use the property,
16    facilities, and personal services of the board. Allows
      such direct-support organizations to invest funds with
17    the moneys invested under the Florida Prepaid College
      Trust Fund.
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