Florida Senate - 2006 SENATOR AMENDMENT
Bill No. HB 263, 1st Eng.
Barcode 854340
CHAMBER ACTION
Senate House
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05/01/2006 01:21 PM .
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11 Senator Baker moved the following amendment:
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13 Senate Amendment (with title amendment)
14 Delete everything after the enacting clause
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16 and insert:
17 Section 1. Paragraph (d) of subsection (3) of section
18 1009.97, Florida Statutes, is amended to read:
19 1009.97 General provisions.--
20 (3) DEFINITIONS.--As used in ss. 1009.97-1009.984, the
21 term:
22 (d) "Prepaid program" means the Stanley G. Tate
23 Florida Prepaid College Program established pursuant to s.
24 1009.98.
25 Section 2. Subsection (5) of section 1009.972, Florida
26 Statutes, is amended to read:
27 1009.972 Florida Prepaid College Trust Fund.--
28 (5) Notwithstanding the provisions of chapter 717,
29 funds associated with terminated advance payment contracts
30 pursuant to s. 1009.98(4)(k) and canceled contracts for which
31 no refunds have been claimed shall be retained by the board.
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Florida Senate - 2006 SENATOR AMENDMENT
Bill No. HB 263, 1st Eng.
Barcode 854340
1 The board shall establish procedures for notifying purchasers
2 who subsequently cancel their advance payment contracts of any
3 unclaimed refund and shall establish a time period after which
4 no refund may be claimed by a purchaser who canceled a
5 contract. The board may transfer funds retained from such
6 terminated advance payment contracts and canceled contracts to
7 the Florida Prepaid Tuition Scholarship Program to provide
8 matching funds for prepaid tuition scholarships for
9 economically disadvantaged youth who remain drug free and
10 crime free. In addition, such funds may be used for any other
11 scholarship programs approved by the board under s.
12 1009.983(8)(b) provided that any matching funds are obtained
13 solely from the private sector.
14 Section 3. Subsection (3) and paragraph (k) of
15 subsection (4) of section 1009.98, Florida Statutes, are
16 amended to read:
17 1009.98 Florida Prepaid College Program.--
18 (3) TRANSFER OF BENEFITS TO PRIVATE AND OUT-OF-STATE
19 COLLEGES AND UNIVERSITIES AND TO CAREER CENTERS.--A qualified
20 beneficiary may apply the benefits of an advance payment
21 contract toward:
22 (a) An independent college or university that is
23 located and chartered in Florida, that is not for profit, that
24 is accredited by the Commission on Colleges of the Southern
25 Association of Colleges and Schools or the Accrediting Council
26 for Independent Colleges and Schools, and that confers degrees
27 as defined in s. 1005.02.
28 (b) An independent college or university that:
29 1. Offers associate or higher degrees at Florida
30 campus-based programs;
31 2. Is licensed by the Commission for Independent
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Florida Senate - 2006 SENATOR AMENDMENT
Bill No. HB 263, 1st Eng.
Barcode 854340
1 Education under chapter 1005;
2 3. Is accredited by an accrediting agency that is
3 recognized by the United States Secretary of Education as a
4 reliable authority as to the quality of education or training
5 offered at its accredited institutions;
6 4. Has established performance requirements for
7 student achievement that include minimum objective
8 quantitative standards, including completion rates and
9 placement rates as determined by its accrediting agency;
10 5. Uses an assessment required in s. 1005.04(1)(b) and
11 that has been recommended by the State Board of Education;
12 6. Participates in the Florida Education and Training
13 Placement Information Program pursuant to s. 1008.39; and
14 7. Participates in the statewide course numbering
15 system under s. 1007.24.
16 (c)(b) An out-of-state college or university that is
17 not for profit and is accredited by a regional accrediting
18 association, and that confers degrees.
19 (d)(c) An applied technology diploma program or career
20 certificate program conducted by a community college listed in
21 s. 1004.02(2) or career center operated by a district school
22 board.
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24 The board shall transfer or cause to be transferred to the
25 institution designated by the qualified beneficiary an amount
26 not to exceed the redemption value of the advance payment
27 contract at a state postsecondary institution. If the cost of
28 registration or housing fees at such institution is less than
29 the corresponding fees at a state postsecondary institution,
30 the amount transferred may not exceed the actual cost of
31 registration and housing fees. A transfer authorized under
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Florida Senate - 2006 SENATOR AMENDMENT
Bill No. HB 263, 1st Eng.
Barcode 854340
1 this subsection may not exceed the number of semester credit
2 hours or semesters of dormitory residence contracted on behalf
3 of a qualified beneficiary. Notwithstanding any other
4 provision in this section, an institution must be an "eligible
5 educational institution" under s. 529 of the Internal Revenue
6 Code to be eligible for the transfer of advance payment
7 contract benefits. Any advertisement disseminated by an
8 eligible for-profit independent college or university which
9 refers to the Florida Prepaid College Program must clearly
10 state: "While the benefits of a Florida Prepaid College
11 contract may be used at this institution, the Florida Prepaid
12 College Board does not endorse any particular college or
13 university."
14 Section 4. Subsection (8) is added to section
15 1009.983, Florida Statutes, to read:
16 1009.983 Direct-support organization; authority.--
17 (8)(a) The direct-support organization shall
18 administer the Florida Prepaid Tuition Scholarship Program
19 pursuant to the provisions of s. 1009.984.
20 (b) The board may establish and administer additional
21 scholarship programs supported from escheated funds retained
22 by the board pursuant to s. 1009.972(5) provided that any
23 matching funds for such scholarships are obtained solely from
24 the private sector. The board shall develop criteria for
25 approval of additional scholarship programs supported from
26 escheated funds. The direct-support organization's annual
27 report shall include a list of any additional scholarship
28 programs approved by the board pursuant to this subsection,
29 including a description of the programs and the amount of
30 escheated funds utilized to fund the programs.
31 Section 5. Paragraph (c) of subsection (2) of section
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Florida Senate - 2006 SENATOR AMENDMENT
Bill No. HB 263, 1st Eng.
Barcode 854340
1 732.402, Florida Statutes, is amended to read:
2 732.402 Exempt property.--
3 (2) Exempt property shall consist of:
4 (c) Stanley G. Tate Florida Prepaid College Program
5 contracts purchased and Florida College Savings agreements
6 established under part IV of chapter 1009.
7 Section 6. This act shall take effect July 1, 2006.
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10 ================ T I T L E A M E N D M E N T ===============
11 And the title is amended as follows:
12 Delete everything before the enacting clause
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14 and insert:
15 A bill to be entitled
16 An act relating to the Florida Prepaid College
17 Board programs; amending s. 1009.97, F.S.;
18 renaming the Florida Prepaid College Program;
19 amending s. 1009.972, F.S.; authorizing funds
20 in the Florida Prepaid Tuition Scholarship
21 Program to be used for certain approved
22 scholarship programs; amending s. 1009.98,
23 F.S.; authorizing the use of such benefits at
24 an independent college or university that meets
25 certain requirements; amending s. 1009.983,
26 F.S.; requiring the direct-support organization
27 of the Florida Prepaid College Board to
28 administer the Florida Prepaid Tuitions
29 Scholarship Program; authorizing the board to
30 establish and administer additional scholarship
31 programs supported from escheated funds
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Florida Senate - 2006 SENATOR AMENDMENT
Bill No. HB 263, 1st Eng.
Barcode 854340
1 retained by the board if the matching funds
2 used for the scholarships are obtained from the
3 private sector; amending s. 732.402, F.S.;
4 conforming provisions; providing an effective
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