HB 1655CS

CHAMBER ACTION




1The 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
7An act relating to prepaid college board programs;
8amending s. 1009.971, F.S.; providing that the Florida
9Prepaid College Board shall have the power to provide for
10the transfer of ownership of an advance payment contract
11under the Florida Prepaid College Program or a
12participation agreement under the Florida College Savings
13Program upon inheritance, devise, or bequest; providing
14procedures and requirements with respect to such transfer
15of ownership; providing for specification of application
16contents by rule; providing applicability; amending ss.
171009.972, 1009.98, and 1009.981, F.S.; authorizing the
18transfer of funds retained from terminated advance payment
19contracts, canceled contracts, and terminated
20participation agreements to the direct-support
21organization established under pt. IV of ch. 1009, F.S.,
22for use by the Florida Prepaid Tuition Scholarship Program
23and for children of specified members of the armed forces
24of the United States who die while participating in the
25combat theater of operations for Operation Iraqi Freedom
26or Operation Enduring Freedom; deleting the requirement
27that an independent college or university be a not-for-
28profit institution to be eligible for transfer of
29benefits; providing a restriction on transfer of benefits;
30providing an effective date.
31
32Be It Enacted by the Legislature of the State of Florida:
33
34     Section 1.  Paragraph (z) is added to subsection (4) of
35section 1009.971, Florida Statutes, to read:
36     1009.971  Florida Prepaid College Board.--
37     (4)  FLORIDA PREPAID COLLEGE BOARD; POWERS AND DUTIES.--The
38board shall have the powers and duties necessary or proper to
39carry out the provisions of ss. 1009.97-1009.984, including, but
40not limited to, the power and duty to:
41     (z)  Provide for the transfer of ownership of an advance
42payment contract or a participation agreement by operation of
43law upon inheritance, devise, or bequest. An heir of a deceased
44purchaser or a deceased benefactor may make an application to
45the board under oath for a change in the purchaser or benefactor
46and, upon receipt of a completed application, the board may
47change the ownership of the advance payment contract or
48participation agreement, as appropriate, to the heir. The board
49shall specify by rule the information that must be included in
50the application. When the application is made by an heir of a
51deceased purchaser or deceased benefactor who died intestate, it
52shall not be necessary to accompany the application with an
53order of a probate court if the heir files with the board an
54affidavit stating that the estate is not indebted and the
55surviving spouse, if any, and the heirs, if any, have amicably
56agreed among themselves upon a division of the estate. If the
57deceased purchaser or deceased benefactor died testate, the
58application shall be accompanied by a certified copy of the
59will, if probated, and an affidavit stating that the estate is
60solvent with sufficient assets to pay all just claims or, if the
61will is not being probated, by a sworn copy of the will and an
62affidavit stating that the estate is not indebted. Upon the
63approval by the board of an application from an heir, the heir
64shall become the purchaser of the advance payment contract or
65the benefactor of the participation agreement. This subsection
66does not apply when a purchaser or benefactor has designated in
67writing to the board the person who will succeed to the
68ownership of the advance payment contract or participation
69agreement in the event of the purchaser's or benefactor's death,
70and that person survives the purchaser or benefactor.
71     Section 2.  Subsection (5) of section 1009.972, Florida
72Statutes, is amended to read:
73     1009.972  Florida Prepaid College Trust Fund.--
74     (5)  Notwithstanding the provisions of chapter 717, funds
75associated with terminated advance payment contracts pursuant to
76s. 1009.98(4)(k) and canceled contracts for which no refunds
77have been claimed shall be retained by the board. The board
78shall establish procedures for notifying purchasers who
79subsequently cancel their advance payment contracts of any
80unclaimed refund and shall establish a time period after which
81no refund may be claimed by a purchaser who canceled a contract.
82The board may transfer funds retained from such terminated
83advance payment contracts and canceled contracts to the direct-
84support organization established pursuant to s. 1009.983 for the
85Florida Prepaid Tuition Scholarship Program to provide matching
86funds for prepaid tuition scholarships for economically
87disadvantaged youth who remain drug free and crime free and for
88children of members of the armed forces and Coast Guard of the
89United States who die while participating in the combat theater
90of operations for Operation Iraqi Freedom or Operation Enduring
91Freedom on or after the date on which this act becomes a law and
92were Florida residents at the time of their death or have listed
93Florida 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
98COLLEGES AND UNIVERSITIES AND TO CAREER CENTERS.--A qualified
99beneficiary may apply the benefits of an advance payment
100contract toward:
101     (a)  An independent college or university that is located
102and chartered in Florida, that is not for profit, that is
103accredited by the Commission on Colleges of the Southern
104Association of Colleges and Schools or the Accrediting Council
105for Independent Colleges and Schools, and that confers degrees
106as defined in s. 1005.02.
107     (b)  An out-of-state college or university that is not for
108profit and is accredited by a regional accrediting association,
109and that confers degrees.
110     (c)  An applied technology diploma program or career
111certificate program conducted by a community college listed in
112s. 1004.02(2) or career center operated by a district school
113board.
114
115The board shall transfer or cause to be transferred to the
116institution designated by the qualified beneficiary an amount
117not to exceed the redemption value of the advance payment
118contract at a state postsecondary institution.  If the cost of
119registration or housing fees at such institution is less than
120the corresponding fees at a state postsecondary institution, the
121amount transferred may not exceed the actual cost of
122registration and housing fees.  A transfer authorized under this
123subsection may not exceed the number of semester credit hours or
124semesters of dormitory residence contracted on behalf of a
125qualified beneficiary. The board may refuse to transfer the
126benefits of an advance payment contract to an otherwise eligible
127institution if the institution or its representatives distribute
128materials, regardless of form, that describe the use or transfer
129of the benefits of an advance payment contract and that have not
130been approved by the board. Notwithstanding any other provision
131in this section, an institution must be an "eligible educational
132institution" under s. 529 of the Internal Revenue Code to be
133eligible for the transfer of advance payment contract benefits.
134     (4)  ADVANCE PAYMENT CONTRACTS.--The board shall develop
135advance payment contracts for registration and may develop
136advance payment contracts for dormitory residence as provided in
137this section. Advance payment contracts shall be exempt from
138chapter 517 and the Florida Insurance Code. Such contracts shall
139include, but not be limited to, the following:
140     (k)  The period of time after which advance payment
141contracts that have not been terminated or the benefits used
142shall be considered terminated. Time expended by a qualified
143beneficiary as an active duty member of any of the armed
144services of the United States shall be added to the period of
145time specified by the board. No purchaser or qualified
146beneficiary whose advance payment contract is terminated
147pursuant to this paragraph shall be entitled to a refund.
148Notwithstanding chapter 717, the board shall retain any moneys
149paid by the purchaser for an advance payment contract that has
150been terminated in accordance with this paragraph. Such moneys
151may be transferred to the direct-support organization
152established pursuant to s. 1009.983 for the  Florida Prepaid
153Tuition Scholarship Program to provide matching funds for
154prepaid tuition scholarships for economically disadvantaged
155youths who remain drug free and crime free and for children of
156members of the armed forces and Coast Guard of the United States
157who die while participating in the combat theater of operations
158for Operation Iraqi Freedom or Operation Enduring Freedom on or
159after the date on which this act becomes a law and were Florida
160residents at the time of their death or have listed Florida as
161their domicile at the time of their death.
162     Section 4.  Paragraph (b) of subsection (2) of section
1631009.981, 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
167which shall be the agreement between the board and each
168benefactor, which may include, but is not limited to:
169     1.  The name, date of birth, and social security number of
170the designated beneficiary.
171     2.  The amount of the contribution or contributions and
172number of contributions required from a benefactor on behalf of
173a designated beneficiary.
174     3.  The terms and conditions under which benefactors shall
175remit contributions, including, but not limited to, the date or
176dates upon which each contribution is due. Deposits to the
177savings program by benefactors may only be in cash. Benefactors
178may contribute in a lump sum, periodically, in installments, or
179through electronic funds transfer or employer payroll
180deductions.
181     4.  Provisions for late contribution charges and for
182default.
183     5.  Provisions for penalty fees for withdrawals from the
184program.
185     6.  The name of the person who may terminate participation
186in the program. The participation agreement must specify whether
187the account may be terminated by the benefactor, the designated
188beneficiary, a specific designated person, or any combination of
189these persons.
190     7.  The terms and conditions under which an account may be
191terminated, modified, or converted, the name of the person
192entitled to any refund due as a result of termination of the
193account pursuant to such terms and conditions, and the amount of
194refund, if any, due to the person so named.
195     8.  Penalties for distributions not used or made in
196accordance with s. 529 of the Internal Revenue Code.
197     9.  Any charges or fees in connection with the
198administration of the savings fund.
199     10.  The period of time after which each participation
200agreement shall be considered to be terminated. Time expended by
201a designated beneficiary as an active duty member of any of the
202armed services of the United States shall be added to the period
203specified pursuant to this subparagraph. Should a participation
204agreement be terminated, the balance of the account, after
205notice to the benefactor, shall be declared unclaimed and
206abandoned property. The board shall retain any moneys paid by
207the benefactor for a participation agreement that has been
208terminated in accordance with this subparagraph. Such moneys may
209be transferred to the direct-support organization established
210pursuant to s. 1009.983 for the   Florida Prepaid Tuition
211Scholarship Program to provide matching funds for prepaid
212tuition scholarships for economically disadvantaged youths who
213remain drug free and crime free and for children of members of
214the armed forces and Coast Guard of the United States who die
215while participating in the combat theater of operations for
216Operation Iraqi Freedom or Operation Enduring Freedom on or
217after the date on which this act becomes a law and were Florida
218residents at the time of their death or have listed Florida as
219their domicile at the time of their death.
220     11.  Other terms and conditions deemed by the board to be
221necessary or proper.
222     Section 5.  This act shall take effect July 1, 2005.


CODING: Words stricken are deletions; words underlined are additions.