House Bill hb0463c1
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    Florida House of Representatives - 2001              CS/HB 463
        By the Committee on Colleges & Universities and
    Representative Baxley
  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 accreditation requirements for independent
  5         college or university eligibility purposes;
  6         clarifying that the amount of benefits
  7         transferred to an eligible independent college
  8         or university, an eligible out-of-state college
  9         or university, an applied technology diploma
10         program, or a vocational certificate program or
11         refunded to a purchaser shall not exceed the
12         redemption value of the advance payment
13         contract at a state postsecondary institution;
14         providing an effective date.
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16  Be It Enacted by the Legislature of the State of Florida:
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18         Section 1.  Subsection (10), and paragraphs (b) and (c)
19  of subsection (13) of section 240.551, Florida Statutes, are
20  amended to read:
21         240.551  Florida Prepaid College Program.--
22         (10)  TRANSFER OF BENEFITS TO PRIVATE AND OUT-OF-STATE
23  COLLEGES AND UNIVERSITIES AND TO AREA TECHNICAL CENTERS.--A
24  qualified beneficiary may apply the benefits of an advance
25  payment contract toward:
26         (a)  Any eligible independent college or university. An
27  independent college or university that is located and
28  chartered in Florida, that is not for profit, that is
29  accredited by the Commission on Colleges of the Southern
30  Association of Colleges and Schools or the Accrediting Council
31  for Commission of the Association of Independent Colleges and
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    Florida House of Representatives - 2001              CS/HB 463
    184-302-01
  1  Schools, and that confers degrees as defined in s. 246.021, is
  2  eligible for such application. The board shall transfer, or
  3  cause to have transferred, to the eligible independent college
  4  or university designated by the qualified beneficiary an
  5  amount not to exceed the redemption value of the advance
  6  payment contract at within a state postsecondary institution.
  7  If the cost of registration or housing fees at the independent
  8  college or university is less than the corresponding fees at a
  9  state postsecondary institution, the amount transferred shall
10  not exceed the actual cost of registration or housing fees. A
11  transfer authorized under this paragraph may not exceed the
12  number of semester credit hours or semesters of dormitory
13  residence contracted on behalf of a qualified beneficiary.
14         (b)  An eligible out-of-state college or university. An
15  out-of-state college or university that is not for profit and
16  is accredited by a regional accrediting association, and that
17  confers degrees, is eligible for such application. The board
18  shall transfer, or cause to have transferred, an amount not to
19  exceed the redemption value of the advance payment contract at
20  a state postsecondary institution or the original purchase
21  price plus 5 percent compounded interest, whichever is less,
22  after assessment of a reasonable transfer fee. If the cost of
23  registration or housing fees charged the qualified beneficiary
24  at the eligible out-of-state college or university is less
25  than this calculated amount, the amount transferred shall not
26  exceed the actual cost of registration or housing fees. Any
27  remaining amount shall be transferred in subsequent semesters
28  until the transfer value is depleted. A transfer authorized
29  under this paragraph may not exceed the number of semester
30  credit hours or semesters of dormitory residence contracted on
31  behalf of a qualified beneficiary.
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    Florida House of Representatives - 2001              CS/HB 463
    184-302-01
  1         (c)  An applied technology diploma program or
  2  vocational certificate program conducted by a community
  3  college listed in s. 240.3031 or an area technical center
  4  operated by a district school board. The board shall transfer
  5  or cause to be transferred to the community college or area
  6  technical center designated by the qualified beneficiary an
  7  amount not to exceed the redemption value of the advance
  8  payment contract at within a state postsecondary institution.
  9  If the cost of the fees charged by the college or center, as
10  authorized in s. 239.117, is less than the corresponding fees
11  at a state postsecondary institution, the amount transferred
12  may not exceed the actual cost of the fees. A transfer
13  authorized under this paragraph may not exceed the number of
14  semester credit hours contracted on behalf of a qualified
15  beneficiary.
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17  Notwithstanding any other provision in this section, an
18  institution must be an "eligible educational institution"
19  under s. 529 of the Internal Revenue Code to be eligible for
20  the transfer of advance payment contract benefits.
21         (13)  REFUNDS.--
22         (b)  If the beneficiary is awarded a scholarship, the
23  terms of which cover the benefits included in the advance
24  payment contracts, moneys paid for the purchase of the advance
25  payment contracts shall be refunded returned to the purchaser
26  in semester installments coinciding with the matriculation by
27  the beneficiary in an amount which, in total, does not exceed
28  the redemption value of the advance payment contract at a
29  state postsecondary institution amounts of either the original
30  purchase price plus 5 percent compounded interest, or the
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    Florida House of Representatives - 2001              CS/HB 463
    184-302-01
  1  current rates at state postsecondary institutions, whichever
  2  is less.
  3         (c)  In the event of the death or total disability of
  4  the beneficiary, moneys paid for the purchase of advance
  5  payment contracts shall be refunded returned to the purchaser
  6  in an amount not to exceed the redemption value of the advance
  7  payment contract at a state postsecondary institution together
  8  with 5 percent compounded interest, or the current rates at
  9  state postsecondary institutions, whichever is less.
10         Section 2.  This act shall take effect July 1, 2001.
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