House Bill 0497

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    Florida House of Representatives - 2000                 HB 497

        By Representatives J. Miller and C. Green






  1                      A bill to be entitled

  2         An act relating to the Florida Prepaid College

  3         Program; amending s. 240.551, F.S.; revising

  4         the composition of the Florida Prepaid College

  5         Board; providing for the transfer of benefits

  6         of an advance payment contract to a community

  7         college or area technical center that conducts

  8         an applied technology diploma program or

  9         vocational certificate program; providing an

10         effective date.

11

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

13

14         Section 1.  Paragraph (b) of subsection (5) and

15  subsection (10) of section 240.551, Florida Statutes, are

16  amended to read:

17         240.551  Florida Prepaid College Program.--

18         (5)  PROGRAM ADMINISTRATION.--

19         (b)  Until January 7, 2003, the board shall consist of

20  seven members to be composed of the Insurance Commissioner and

21  Treasurer, the Comptroller, the Chancellor of the Board of

22  Regents, the Executive Director of the State Board of

23  Community Colleges, and three members appointed by the

24  Governor and subject to confirmation by the Senate. Effective

25  January 7, 2003, the board shall consist of seven members to

26  be composed of the Chief Financial Officer, the Attorney

27  General, the Chancellor of the Board of Regents, the Executive

28  Director of the State Board of Community Colleges, and three

29  members appointed by the Governor and subject to confirmation

30  by the Senate. Each member appointed by the Governor shall

31  possess knowledge, skill, and experience in the areas of

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    Florida House of Representatives - 2000                 HB 497

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  1  accounting, actuary, risk management, or investment

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

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

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

  5  qualifications required of gubernatorial appointees to the

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

  7  3 years.  Any person appointed to fill a vacancy on the board

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

  9  the unexpired term.  Any member shall be eligible for

10  reappointment and shall serve until a successor qualifies.

11  Members of the board shall serve without compensation but

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

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

14  public disclosure of his or her financial interests pursuant

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

16  statute.

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

18  COLLEGES AND UNIVERSITIES.--A qualified beneficiary may apply

19  the benefits of an advance payment contract toward:

20         (a)  A qualified beneficiary may apply a community

21  college plan, university plan, or dormitory residence plan

22  toward Any eligible independent college or university. An

23  independent college or university that which is located and

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

25  accredited by the Commission on Colleges of the Southern

26  Association of Colleges and Schools or the Accrediting

27  Commission of the Association of Independent Colleges and

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

29  246.021, is shall be eligible for such application. The board

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

31  independent college or university designated by the qualified

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    Florida House of Representatives - 2000                 HB 497

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  1  beneficiary an amount not to exceed the redemption value of

  2  the advance payment contract within a state postsecondary

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

  4  housing fees at the independent college or university is less

  5  than the corresponding fees at a state postsecondary

  6  institution, the amount transferred shall not exceed the

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

  8  authorized under pursuant to this paragraph may not shall

  9  exceed the number of semester credit hours or semesters of

10  dormitory residence contracted on behalf of a qualified

11  beneficiary.

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

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

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

15  that which is not for profit, that and is accredited by the

16  commission on colleges of a regional accrediting association,

17  and that which confers baccalaureate degrees, is shall be

18  eligible for such application. The board shall transfer, or

19  cause to have transferred, an amount not to exceed the

20  redemption value of the advance payment contract or the

21  original purchase price plus 5 percent compounded interest,

22  whichever is less, after assessment of a reasonable transfer

23  fee. If In the event that the cost of registration or housing

24  fees charged the qualified beneficiary at the eligible

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

26  calculated amount, the amount transferred shall not exceed the

27  actual cost of registration or housing fees. Any remaining

28  amount shall be transferred in subsequent semesters until the

29  transfer value is depleted. A No transfer authorized under

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

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    Florida House of Representatives - 2000                 HB 497

    721-116A-00






  1  semester credit hours or semesters of dormitory residence

  2  contracted on behalf of a qualified beneficiary.

  3         (c)  A community college listed in s. 240.3031, or an

  4  area technical center operated by a district school board that

  5  conducts an applied technology diploma program or vocational

  6  certificate program. The board shall transfer, or cause to

  7  have transferred, to the community college or area technical

  8  center designated by the qualified beneficiary an amount not

  9  to exceed the redemption value of the advance payment contract

10  within a state postsecondary institution. If the cost of fees

11  charged by the college or center, as authorized in s. 239.117,

12  is less than the corresponding fees at a state postsecondary

13  institution, the amount transferred may not exceed the actual

14  cost of the fees. A transfer authorized under this paragraph

15  may not exceed the number of semester credit hours contracted

16  on behalf of a qualified beneficiary.

17

18  Notwithstanding any other provision in this section to the

19  contrary, an institution must be an "eligible educational

20  institution" as defined by section 529 of the Internal Revenue

21  Code to be eligible for the transfer of advance payment

22  contract benefits.

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

24

25            *****************************************

26                          HOUSE SUMMARY

27
      Revises the composition of the Florida Prepaid College
28    Board. Provides for the transfer of benefits of an
      advance payment contract to a community college or area
29    technical center that conducts an applied technology
      diploma program or vocational certificate program.
30

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