Senate Bill sb0196

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    Florida Senate - 2007                                   SB 196

    By Senator Aronberg





    27-144A-07

  1                      A bill to be entitled

  2         An act relating to student loans; creating s.

  3         43.45, F.S.; providing for a financial

  4         assistance program administered by the Justice

  5         Administrative Commission and the Office of the

  6         Attorney General to assist a career assistant

  7         state attorney, assistant public defender,

  8         assistant attorney general, or assistant

  9         statewide prosecutor in the repayment of

10         eligible student loans; providing definitions;

11         providing elements of the program; requiring

12         the administering body to make a payment of a

13         certain amount; providing for funding;

14         requiring rulemaking; providing an effective

15         date.

16  

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

18  

19         Section 1.  Section 43.45, Florida Statutes, is created

20  to read:

21         43.45  Student loan assistance program;

22  administration.--

23         (1)  The administering body shall implement a student

24  loan assistance program for eligible career attorneys. The

25  purpose of the program is to provide financial assistance to

26  eligible career attorneys for the repayment of eligible

27  student loans.

28         (2)  As used in this section, the term:

29         (a)  "Administering body" means the Justice

30  Administrative Commission when the eligible career attorney is

31  employed as an assistant state attorney or assistant public

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    Florida Senate - 2007                                   SB 196
    27-144A-07




 1  defender or the Office of the Attorney General when the

 2  eligible career attorney is employed as an assistant attorney

 3  general or assistant statewide prosecutor.

 4         (b)  "Eligible attorney" means an assistant state

 5  attorney, assistant public defender, assistant attorney

 6  general, or assistant statewide prosecutor.

 7         (c)  "Eligible career attorney" means an eligible

 8  attorney who has completed at least 3 years but not more than

 9  12 years of continuous service on his or her employment

10  anniversary date. However, eligibility for student loan

11  repayment assistance may not be lost due to a break in

12  employment of less than 2 weeks while an eligible attorney

13  transfers to another employer of eligible attorneys.

14         (d)  "Eligible student loan" means a loan that was

15  issued pursuant to the Higher Education Act of 1965, as

16  amended, to an eligible career attorney to fund his or her law

17  school education and which is not in default.

18         (e)  "Maximum available amount" means, in the event

19  that the amount of an appropriation from the General Revenue

20  Fund to an administering body is less than the amount

21  necessary to fund total payments by the administering body,

22  the amount that results from multiplying the percentage of

23  total funding appropriated by the payment amount of $3,000 or

24  $5,000 as provided in paragraph (3)(b). The percentage of

25  total funding appropriated is the amount that results from

26  dividing the amount of the appropriation by the amount

27  necessary to fund total payments under paragraph (3)(b).

28         (3)  The student loan assistance program shall be

29  administered in the following manner:

30         (a)  Within 30 days after the employment anniversary

31  date of an individual, the individual may submit to his or her

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    Florida Senate - 2007                                   SB 196
    27-144A-07




 1  employer a certification affidavit on a form authorized by the

 2  administering body, which certifies that he or she, as of his

 3  or her last employment anniversary date, is an eligible career

 4  attorney with one or more eligible student loans. Upon

 5  approval by the employing state attorney, public defender,

 6  Attorney General, or statewide prosecutor, the certification

 7  affidavit shall be submitted to the administering body within

 8  60 days following the last employment anniversary date of the

 9  eligible career attorney.

10         (b)  The administering body that receives a

11  certification affidavit for an eligible career attorney

12  having:

13         1.  Three to five years of continuous service shall

14  make a payment in the amount of $3,000 or in the maximum

15  available amount, whichever is less.

16         2.  Six to twelve years of continuous service shall

17  make a payment in the amount of $5,000 or in the maximum

18  available amount, whichever is less.

19         (c)  A payment under paragraph (b) shall be made by the

20  administering body:

21         1.  For the benefit of the eligible career attorney

22  named in the certification affidavit and for the purpose of

23  satisfying his or her eligible student loan obligation.

24         2.  To the lender that services the eligible student

25  loan between July 1 and July 31 of the next fiscal year

26  following receipt of the certification affidavit by the

27  administering body.

28         3.  For the eligible student loan that has the highest

29  current interest rate if the eligible career attorney holds

30  more than one eligible student loan.

31  

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    Florida Senate - 2007                                   SB 196
    27-144A-07




 1         (d)  Payments under paragraph (b) shall cease upon

 2  totaling $44,000 per eligible career attorney or upon full

 3  satisfaction of the eligible student loan, whichever occurs

 4  first.

 5         (4)  The student loan assistance program shall be

 6  funded annually by an appropriation from the General Revenue

 7  Fund to the administering body.

 8         (5)  The administering body shall adopt rules to

 9  administer this section.

10         Section 2.  This act shall take effect July 1, 2007.

11  

12            *****************************************

13                          SENATE SUMMARY

14    Provides for a financial assistance program administered
      by the Justice Administrative Commission and the Office
15    of the Attorney General to assist a career assistant
      state attorney, assistant public defender, assistant
16    attorney general, or assistant statewide prosecutor in
      the repayment of eligible student loans. Provides
17    definitions. Provides elements of the program. Requires
      the administering body to make a payment of a certain
18    amount. Provides for funding. Requires rulemaking.

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