| 1 | The Colleges & Universities Committee recommends the following: | 
| 2 | 
 | 
| 3 | Council/Committee Substitute | 
| 4 | Remove the entire bill and insert: | 
| 5 | 
 | 
| 6 | A bill to be entitled | 
| 7 | An act relating to prepaid college board programs; | 
| 8 | amending s. 1009.971, F.S.; providing that the Florida | 
| 9 | Prepaid College Board shall have the power to provide for | 
| 10 | the transfer of ownership of an advance payment contract | 
| 11 | under the Florida Prepaid College Program or a | 
| 12 | participation agreement under the Florida College Savings | 
| 13 | Program upon inheritance, devise, or bequest; providing | 
| 14 | procedures and requirements with respect to such transfer | 
| 15 | of ownership; providing for specification of application | 
| 16 | contents by rule; providing applicability; amending ss. | 
| 17 | 1009.972, 1009.98, and 1009.981, F.S.; authorizing the | 
| 18 | transfer of funds retained from terminated advance payment | 
| 19 | contracts, canceled contracts, and terminated | 
| 20 | participation agreements to the direct-support | 
| 21 | organization established under pt. IV of ch. 1009, F.S., | 
| 22 | for use by the Florida Prepaid Tuition Scholarship Program | 
| 23 | and for children of specified members of the armed forces | 
| 24 | of the United States who die while participating in the | 
| 25 | combat theater of operations for Operation Iraqi Freedom | 
| 26 | or Operation Enduring Freedom; deleting the requirement | 
| 27 | that an independent college or university be a not-for- | 
| 28 | profit institution to be eligible for transfer of | 
| 29 | benefits; providing a restriction on transfer of benefits; | 
| 30 | providing an effective date. | 
| 31 | 
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| 32 | Be It Enacted by the Legislature of the State of Florida: | 
| 33 | 
 | 
| 34 | Section 1.  Paragraph (z) is added to subsection (4) of | 
| 35 | section 1009.971, Florida Statutes, to read: | 
| 36 | 1009.971  Florida Prepaid College Board.-- | 
| 37 | (4)  FLORIDA PREPAID COLLEGE BOARD; POWERS AND DUTIES.--The | 
| 38 | board shall have the powers and duties necessary or proper to | 
| 39 | carry out the provisions of ss. 1009.97-1009.984, including, but | 
| 40 | not limited to, the power and duty to: | 
| 41 | (z)  Provide for the transfer of ownership of an advance | 
| 42 | payment contract or a participation agreement by operation of | 
| 43 | law upon inheritance, devise, or bequest. An heir of a deceased | 
| 44 | purchaser or a deceased benefactor may make an application to | 
| 45 | the board under oath for a change in the purchaser or benefactor | 
| 46 | and, upon receipt of a completed application, the board may | 
| 47 | change the ownership of the advance payment contract or | 
| 48 | participation agreement, as appropriate, to the heir. The board | 
| 49 | shall specify by rule the information that must be included in | 
| 50 | the application. When the application is made by an heir of a | 
| 51 | deceased purchaser or deceased benefactor who died intestate, it | 
| 52 | shall not be necessary to accompany the application with an | 
| 53 | order of a probate court if the heir files with the board an | 
| 54 | affidavit stating that the estate is not indebted and the | 
| 55 | surviving spouse, if any, and the heirs, if any, have amicably | 
| 56 | agreed among themselves upon a division of the estate. If the | 
| 57 | deceased purchaser or deceased benefactor died testate, the | 
| 58 | application shall be accompanied by a certified copy of the | 
| 59 | will, if probated, and an affidavit stating that the estate is | 
| 60 | solvent with sufficient assets to pay all just claims or, if the | 
| 61 | will is not being probated, by a sworn copy of the will and an | 
| 62 | affidavit stating that the estate is not indebted. Upon the | 
| 63 | approval by the board of an application from an heir, the heir | 
| 64 | shall become the purchaser of the advance payment contract or | 
| 65 | the benefactor of the participation agreement. This subsection | 
| 66 | does not apply when a purchaser or benefactor has designated in | 
| 67 | writing to the board the person who will succeed to the | 
| 68 | ownership of the advance payment contract or participation | 
| 69 | agreement in the event of the purchaser's or benefactor's death, | 
| 70 | and that person survives the purchaser or benefactor. | 
| 71 | Section 2.  Subsection (5) of section 1009.972, Florida | 
| 72 | Statutes, is amended to read: | 
| 73 | 1009.972  Florida Prepaid College Trust Fund.-- | 
| 74 | (5)  Notwithstanding the provisions of chapter 717, funds | 
| 75 | associated with terminated advance payment contracts pursuant to | 
| 76 | s. 1009.98(4)(k) and canceled contracts for which no refunds | 
| 77 | have been claimed shall be retained by the board. The board | 
| 78 | shall establish procedures for notifying purchasers who | 
| 79 | subsequently cancel their advance payment contracts of any | 
| 80 | unclaimed refund and shall establish a time period after which | 
| 81 | no refund may be claimed by a purchaser who canceled a contract. | 
| 82 | The board may transfer funds retained from such terminated | 
| 83 | advance payment contracts and canceled contracts to the direct- | 
| 84 | support organization established pursuant to s. 1009.983 for the | 
| 85 | Florida Prepaid Tuition Scholarship Program to provide matching | 
| 86 | funds for prepaid tuition scholarships for economically | 
| 87 | disadvantaged youth who remain drug free and crime free and for | 
| 88 | children of members of the armed forces and Coast Guard of the | 
| 89 | United States who die while participating in the combat theater | 
| 90 | of operations for Operation Iraqi Freedom or Operation Enduring | 
| 91 | Freedom on or after the date on which this act becomes a law and | 
| 92 | were Florida residents at the time of their death or have listed | 
| 93 | Florida as their domicile at the time of their death. | 
| 94 | Section 3.  Subsection (3) and paragraph (k) of subsection | 
| 95 | (4) of section 1009.98, Florida Statutes, are amended to read: | 
| 96 | 1009.98  Florida Prepaid College Program.-- | 
| 97 | (3)  TRANSFER OF BENEFITS TO PRIVATE AND OUT-OF-STATE | 
| 98 | COLLEGES AND UNIVERSITIES AND TO CAREER CENTERS.--A qualified | 
| 99 | beneficiary may apply the benefits of an advance payment | 
| 100 | contract toward: | 
| 101 | (a)  An independent college or university that is located | 
| 102 | and chartered in Florida, that is not for profit,that is | 
| 103 | accredited by the Commission on Colleges of the Southern | 
| 104 | Association of Colleges and Schools or the Accrediting Council | 
| 105 | for Independent Colleges and Schools, and that confers degrees | 
| 106 | as defined in s. 1005.02. | 
| 107 | (b)  An out-of-state college or university that is not for | 
| 108 | profit andis accredited by a regional accrediting association, | 
| 109 | and that confers degrees. | 
| 110 | (c)  An applied technology diploma program or career | 
| 111 | certificate program conducted by a community college listed in | 
| 112 | s. 1004.02(2) or career center operated by a district school | 
| 113 | board. | 
| 114 | 
 | 
| 115 | The board shall transfer or cause to be transferred to the | 
| 116 | institution designated by the qualified beneficiary an amount | 
| 117 | not to exceed the redemption value of the advance payment | 
| 118 | contract at a state postsecondary institution.  If the cost of | 
| 119 | registration or housing fees at such institution is less than | 
| 120 | the corresponding fees at a state postsecondary institution, the | 
| 121 | amount transferred may not exceed the actual cost of | 
| 122 | registration and housing fees.  A transfer authorized under this | 
| 123 | subsection may not exceed the number of semester credit hours or | 
| 124 | semesters of dormitory residence contracted on behalf of a | 
| 125 | qualified beneficiary. The board may refuse to transfer the | 
| 126 | benefits of an advance payment contract to an otherwise eligible | 
| 127 | institution if the institution or its representatives distribute | 
| 128 | materials, regardless of form, that describe the use or transfer | 
| 129 | of the benefits of an advance payment contract and that have not | 
| 130 | been approved by the board. Notwithstanding any other provision | 
| 131 | in this section, an institution must be an "eligible educational | 
| 132 | institution" under s. 529 of the Internal Revenue Code to be | 
| 133 | eligible for the transfer of advance payment contract benefits. | 
| 134 | (4)  ADVANCE PAYMENT CONTRACTS.--The board shall develop | 
| 135 | advance payment contracts for registration and may develop | 
| 136 | advance payment contracts for dormitory residence as provided in | 
| 137 | this section. Advance payment contracts shall be exempt from | 
| 138 | chapter 517 and the Florida Insurance Code. Such contracts shall | 
| 139 | include, but not be limited to, the following: | 
| 140 | (k)  The period of time after which advance payment | 
| 141 | contracts that have not been terminated or the benefits used | 
| 142 | shall be considered terminated. Time expended by a qualified | 
| 143 | beneficiary as an active duty member of any of the armed | 
| 144 | services of the United States shall be added to the period of | 
| 145 | time specified by the board. No purchaser or qualified | 
| 146 | beneficiary whose advance payment contract is terminated | 
| 147 | pursuant to this paragraph shall be entitled to a refund. | 
| 148 | Notwithstanding chapter 717, the board shall retain any moneys | 
| 149 | paid by the purchaser for an advance payment contract that has | 
| 150 | been terminated in accordance with this paragraph. Such moneys | 
| 151 | may be transferred to the direct-support organization | 
| 152 | established pursuant to s. 1009.983 for the  Florida Prepaid | 
| 153 | Tuition Scholarship Program to provide matching funds for | 
| 154 | prepaid tuition scholarships for economically disadvantaged | 
| 155 | youths who remain drug free and crime free and for children of | 
| 156 | members of the armed forces and Coast Guard of the United States | 
| 157 | who die while participating in the combat theater of operations | 
| 158 | for Operation Iraqi Freedom or Operation Enduring Freedom on or | 
| 159 | after the date on which this act becomes a law and were Florida | 
| 160 | residents at the time of their death or have listed Florida as | 
| 161 | their domicile at the time of their death. | 
| 162 | Section 4.  Paragraph (b) of subsection (2) of section | 
| 163 | 1009.981, Florida Statutes, is amended to read: | 
| 164 | 1009.981  Florida College Savings Program.-- | 
| 165 | (2)  PARTICIPATION AGREEMENTS.-- | 
| 166 | (b)  The board shall develop a participation agreement | 
| 167 | which shall be the agreement between the board and each | 
| 168 | benefactor, which may include, but is not limited to: | 
| 169 | 1.  The name, date of birth, and social security number of | 
| 170 | the designated beneficiary. | 
| 171 | 2.  The amount of the contribution or contributions and | 
| 172 | number of contributions required from a benefactor on behalf of | 
| 173 | a designated beneficiary. | 
| 174 | 3.  The terms and conditions under which benefactors shall | 
| 175 | remit contributions, including, but not limited to, the date or | 
| 176 | dates upon which each contribution is due. Deposits to the | 
| 177 | savings program by benefactors may only be in cash. Benefactors | 
| 178 | may contribute in a lump sum, periodically, in installments, or | 
| 179 | through electronic funds transfer or employer payroll | 
| 180 | deductions. | 
| 181 | 4.  Provisions for late contribution charges and for | 
| 182 | default. | 
| 183 | 5.  Provisions for penalty fees for withdrawals from the | 
| 184 | program. | 
| 185 | 6.  The name of the person who may terminate participation | 
| 186 | in the program. The participation agreement must specify whether | 
| 187 | the account may be terminated by the benefactor, the designated | 
| 188 | beneficiary, a specific designated person, or any combination of | 
| 189 | these persons. | 
| 190 | 7.  The terms and conditions under which an account may be | 
| 191 | terminated, modified, or converted, the name of the person | 
| 192 | entitled to any refund due as a result of termination of the | 
| 193 | account pursuant to such terms and conditions, and the amount of | 
| 194 | refund, if any, due to the person so named. | 
| 195 | 8.  Penalties for distributions not used or made in | 
| 196 | accordance with s. 529 of the Internal Revenue Code. | 
| 197 | 9.  Any charges or fees in connection with the | 
| 198 | administration of the savings fund. | 
| 199 | 10.  The period of time after which each participation | 
| 200 | agreement shall be considered to be terminated. Time expended by | 
| 201 | a designated beneficiary as an active duty member of any of the | 
| 202 | armed services of the United States shall be added to the period | 
| 203 | specified pursuant to this subparagraph. Should a participation | 
| 204 | agreement be terminated, the balance of the account, after | 
| 205 | notice to the benefactor, shall be declared unclaimed and | 
| 206 | abandoned property. The board shall retain any moneys paid by | 
| 207 | the benefactor for a participation agreement that has been | 
| 208 | terminated in accordance with this subparagraph. Such moneys may | 
| 209 | be transferred to the direct-support organization established | 
| 210 | pursuant to s. 1009.983 for the   Florida Prepaid Tuition | 
| 211 | Scholarship Program to provide matching funds for prepaid | 
| 212 | tuition scholarships for economically disadvantaged youths who | 
| 213 | remain drug free and crime free and for children of members of | 
| 214 | the armed forces and Coast Guard of the United States who die | 
| 215 | while participating in the combat theater of operations for | 
| 216 | Operation Iraqi Freedom or Operation Enduring Freedom on or | 
| 217 | after the date on which this act becomes a law and were Florida | 
| 218 | residents at the time of their death or have listed Florida as | 
| 219 | their domicile at the time of their death. | 
| 220 | 11.  Other terms and conditions deemed by the board to be | 
| 221 | necessary or proper. | 
| 222 | Section 5.  This act shall take effect July 1, 2005. |