HB 543

1	A bill to be entitled
2	An act relating to immunization services; amending s.
3	110.123, F.S.; including immunization services in the
4	schedule of minimum benefits for health maintenance
5	organizations participating in the state group insurance
6	program; creating s. 288.9416, F.S.; requiring Enterprise
7	Florida, Inc., to conduct an outreach campaign to
8	encourage pharmaceutical companies to produce vaccines in
9	the state; amending s. 381.005, F.S.; requiring certain
10	assisted living facilities to offer influenza vaccines to
11	certain patients; requiring the Department of Health to
12	send reminder notices to assisted living facilities;
13	amending s. 409.908, F.S.; providing for the reimbursement
14	of Medicaid providers of immunization services; amending
15	s. 465.003, F.S.; redefining the term "practice of the
16	profession of pharmacy" to include the administration of
17	vaccines to adults by a pharmacist; creating s. 465.189,
18	F.S.; authorizing pharmacists to administer vaccines
19	within an established protocol and under a supervisory
20	practitioner who is a licensed physician or by written
21	agreement with a county health department; providing
22	requirements for the protocol; requiring professional
23	liability insurance, training, and certification in
24	vaccination and employer approval before entering into a
25	protocol; requiring a pharmacist to maintain and make
26	available patient records for a certain time period;
27	providing requirements for the certification program;
28	creating s. 627.64194, F.S.; requiring certain health
29	insurance policies to provide an option for immunization
30	services coverage; amending s. 1003.22, F.S.; requiring
31	district school boards and private school governing
32	authorities to provide information relating to
33	meningococcal disease and meningococcal disease vaccine to
34	parents of certain students; requiring the Department of
35	Health to adopt rules specifying which students apply to
36	such information requirement; amending s. 1009.53, F.S.;
37	providing that awards from the Florida Bright Futures
38	Scholarship Program shall include coverage for certain
39	immunizations; amending s. 1009.98, F.S.; requiring all
40	Stanley G. Tate Florida Prepaid College Program plans to
41	include coverage for certain immunizations; providing an
42	effective date.
43
44	Be It Enacted by the Legislature of the State of Florida:
45
46	Section 1.  Paragraph (h) of subsection (3) of section
47	110.123, Florida Statutes, is amended to read:
48	110.123  State group insurance program.--
49	(3)  STATE GROUP INSURANCE PROGRAM.--
50	(h)1.  A person eligible to participate in the state group
51	insurance program may be authorized by rules adopted by the
52	department, in lieu of participating in the state group health
53	insurance plan, to exercise an option to elect membership in a
54	health maintenance organization plan which is under contract
55	with the state in accordance with criteria established by this
56	section and by said rules. The offer of optional membership in a
57	health maintenance organization plan permitted by this paragraph
58	may be limited or conditioned by rule as may be necessary to
59	meet the requirements of state and federal laws.
60	2.  The department shall contract with health maintenance
61	organizations seeking to participate in the state group
62	insurance program through a request for proposal or other
63	procurement process, as developed by the Department of
64	Management Services and determined to be appropriate.
65	a.  The department shall establish a schedule of minimum
66	benefits for health maintenance organization coverage, and that
67	schedule shall include: physician services; inpatient and
68	outpatient hospital services; emergency medical services,
69	including out-of-area emergency coverage; diagnostic laboratory
70	and diagnostic and therapeutic radiologic services; mental
71	health, alcohol, and chemical dependency treatment services
72	meeting the minimum requirements of state and federal law;
73	skilled nursing facilities and services; prescription drugs;
74	age-based and gender-based wellness benefits; immunization
75	services; and other benefits as may be required by the
76	department. Additional services may be provided subject to the
77	contract between the department and the HMO. As used in this
78	paragraph, the term "age-based and gender-based wellness
79	benefits" includes aerobic exercise, education in alcohol and
80	substance abuse prevention, blood cholesterol screening, health
81	risk appraisals, blood pressure screening and education,
82	nutrition education, program planning, safety belt education,
83	smoking cessation, stress management, weight management, and
84	women's health education.
85	b.  The department may establish uniform deductibles,
86	copayments, coverage tiers, or coinsurance schedules for all
87	participating HMO plans.
88	c.  The department may require detailed information from
89	each health maintenance organization participating in the
90	procurement process, including information pertaining to
91	organizational status, experience in providing prepaid health
92	benefits, accessibility of services, financial stability of the
93	plan, quality of management services, accreditation status,
94	quality of medical services, network access and adequacy,
95	performance measurement, ability to meet the department's
96	reporting requirements, and the actuarial basis of the proposed
97	rates and other data determined by the director to be necessary
98	for the evaluation and selection of health maintenance
99	organization plans and negotiation of appropriate rates for
100	these plans. Upon receipt of proposals by health maintenance
101	organization plans and the evaluation of those proposals, the
102	department may enter into negotiations with all of the plans or
103	a subset of the plans, as the department determines appropriate.
104	Nothing shall preclude the department from negotiating regional
105	or statewide contracts with health maintenance organization
106	plans when this is cost-effective and when the department
107	determines that the plan offers high value to enrollees.
108	d.  The department may limit the number of HMOs that it
109	contracts with in each service area based on the nature of the
110	bids the department receives, the number of state employees in
111	the service area, or any unique geographical characteristics of
112	the service area. The department shall establish by rule service
113	areas throughout the state.
114	e.  All persons participating in the state group insurance
115	program may be required to contribute towards a total state
116	group health premium that may vary depending upon the plan and
117	coverage tier selected by the enrollee and the level of state
118	contribution authorized by the Legislature.
119	3.  The department is authorized to negotiate and to
120	contract with specialty psychiatric hospitals for mental health
121	benefits, on a regional basis, for alcohol, drug abuse, and
122	mental and nervous disorders. The department may establish,
123	subject to the approval of the Legislature pursuant to
124	subsection (5), any such regional plan upon completion of an
125	actuarial study to determine any impact on plan benefits and
126	premiums.
127	4.  In addition to contracting pursuant to subparagraph 2.,
128	the department may enter into contract with any HMO to
129	participate in the state group insurance program which:
130	a.  Serves greater than 5,000 recipients on a prepaid basis
131	under the Medicaid program;
132	b.  Does not currently meet the 25-percent non-
133	Medicare/non-Medicaid enrollment composition requirement
134	established by the Department of Health excluding participants
135	enrolled in the state group insurance program;
136	c.  Meets the minimum benefit package and copayments and
137	deductibles contained in sub-subparagraphs 2.a. and b.;
138	d.  Is willing to participate in the state group insurance
139	program at a cost of premiums that is not greater than 95
140	percent of the cost of HMO premiums accepted by the department
141	in each service area; and
142	e.  Meets the minimum surplus requirements of s. 641.225.
143
144	The department is authorized to contract with HMOs that meet the
145	requirements of sub-subparagraphs a.-d. prior to the open
146	enrollment period for state employees. The department is not
147	required to renew the contract with the HMOs as set forth in
148	this paragraph more than twice. Thereafter, the HMOs shall be
149	eligible to participate in the state group insurance program
150	only through the request for proposal or invitation to negotiate
151	process described in subparagraph 2.
152	5.  All enrollees in a state group health insurance plan, a
153	TRICARE supplemental insurance plan, or any health maintenance
154	organization plan have the option of changing to any other
155	health plan that is offered by the state within any open
156	enrollment period designated by the department. Open enrollment
157	shall be held at least once each calendar year.
158	6.  When a contract between a treating provider and the
159	state-contracted health maintenance organization is terminated
160	for any reason other than for cause, each party shall allow any
161	enrollee for whom treatment was active to continue coverage and
162	care when medically necessary, through completion of treatment
163	of a condition for which the enrollee was receiving care at the
164	time of the termination, until the enrollee selects another
165	treating provider, or until the next open enrollment period
166	offered, whichever is longer, but no longer than 6 months after
167	termination of the contract. Each party to the terminated
168	contract shall allow an enrollee who has initiated a course of
169	prenatal care, regardless of the trimester in which care was
170	initiated, to continue care and coverage until completion of
171	postpartum care. This does not prevent a provider from refusing
172	to continue to provide care to an enrollee who is abusive,
173	noncompliant, or in arrears in payments for services provided.
174	For care continued under this subparagraph, the program and the
175	provider shall continue to be bound by the terms of the
176	terminated contract. Changes made within 30 days before
177	termination of a contract are effective only if agreed to by
178	both parties.
179	7.  Any HMO participating in the state group insurance
180	program shall submit health care utilization and cost data to
181	the department, in such form and in such manner as the
182	department shall require, as a condition of participating in the
183	program. The department shall enter into negotiations with its
184	contracting HMOs to determine the nature and scope of the data
185	submission and the final requirements, format, penalties
186	associated with noncompliance, and timetables for submission.
187	These determinations shall be adopted by rule.
188	8.  The department may establish and direct, with respect
189	to collective bargaining issues, a comprehensive package of
190	insurance benefits that may include supplemental health and life
191	coverage, dental care, long-term care, vision care, and other
192	benefits it determines necessary to enable state employees to
193	select from among benefit options that best suit their
194	individual and family needs.
195	a.  Based upon a desired benefit package, the department
196	shall issue a request for proposal or invitation to negotiate
197	for health insurance providers interested in participating in
198	the state group insurance program, and the department shall
199	issue a request for proposal or invitation to negotiate for
200	insurance providers interested in participating in the non-
201	health-related components of the state group insurance program.
202	Upon receipt of all proposals, the department may enter into
203	contract negotiations with insurance providers submitting bids
204	or negotiate a specially designed benefit package. Insurance
205	providers offering or providing supplemental coverage as of May
206	30, 1991, which qualify for pretax benefit treatment pursuant to
207	s. 125 of the Internal Revenue Code of 1986, with 5,500 or more
208	state employees currently enrolled may be included by the
209	department in the supplemental insurance benefit plan
210	established by the department without participating in a request
211	for proposal, submitting bids, negotiating contracts, or
212	negotiating a specially designed benefit package. These
213	contracts shall provide state employees with the most cost-
214	effective and comprehensive coverage available; however, no
215	state or agency funds shall be contributed toward the cost of
216	any part of the premium of such supplemental benefit plans. With
217	respect to dental coverage, the division shall include in any
218	solicitation or contract for any state group dental program made
219	after July 1, 2001, a comprehensive indemnity dental plan option
220	which offers enrollees a completely unrestricted choice of
221	dentists. If a dental plan is endorsed, or in some manner
222	recognized as the preferred product, such plan shall include a
223	comprehensive indemnity dental plan option which provides
224	enrollees with a completely unrestricted choice of dentists.
225	b.  Pursuant to the applicable provisions of s. 110.161,
226	and s. 125 of the Internal Revenue Code of 1986, the department
227	shall enroll in the pretax benefit program those state employees
228	who voluntarily elect coverage in any of the supplemental
229	insurance benefit plans as provided by sub-subparagraph a.
230	c.  Nothing herein contained shall be construed to prohibit
231	insurance providers from continuing to provide or offer
232	supplemental benefit coverage to state employees as provided
233	under existing agency plans.
234	Section 2.  Section 288.9416, Florida Statutes, is created
235	to read:
236	288.9416  Vaccine production facilities; outreach campaign
237	for vaccine production.--Enterprise Florida, Inc., as the
238	principal economic development organization for the state under
239	s. 288.9015, shall conduct an outreach campaign to encourage
240	pharmaceutical companies located in this state to produce
241	vaccines for the prevention of communicable diseases and to
242	encourage pharmaceutical companies located outside of this state
243	to establish facilities in this state to produce vaccines for
244	the prevention of communicable diseases.
245	Section 3.  Subsection (3) of section 381.005, Florida
246	Statutes, is renumbered as section (4), and a new subsection (3)
247	is added to that section, to read:
248	381.005  Primary and preventive health services.--
249	(3)  Between October 1 of each year, or earlier if the
250	vaccination is available, and February 1 of the following year,
251	subject to the availability of an adequate supply of the
252	necessary vaccine, each assisted living facility licensed
253	pursuant to chapter 400 that has 11 or more licensed beds shall
254	implement a program to offer immunizations against the influenza
255	virus and pneumococcal bacteria to all patients age 65 or older,
256	in accordance with the recommendations of the Advisory Committee
257	on Immunization Practices of the United States Centers for
258	Disease Control and Prevention and subject to the clinical
259	judgment of the responsible practitioner. By September 1 of each
260	year, the department or its designee shall send to each assisted
261	living facility under this section a reminder notice of the
262	responsibilities of each assisted living facility under this
263	section.
264	Section 4.  Subsection (23) is added to section 409.908,
265	Florida Statutes, to read:
266	409.908  Reimbursement of Medicaid providers.--Subject to
267	specific appropriations, the agency shall reimburse Medicaid
268	providers, in accordance with state and federal law, according
269	to methodologies set forth in the rules of the agency and in
270	policy manuals and handbooks incorporated by reference therein.
271	These methodologies may include fee schedules, reimbursement
272	methods based on cost reporting, negotiated fees, competitive
273	bidding pursuant to s. 287.057, and other mechanisms the agency
274	considers efficient and effective for purchasing services or
275	goods on behalf of recipients. If a provider is reimbursed based
276	on cost reporting and submits a cost report late and that cost
277	report would have been used to set a lower reimbursement rate
278	for a rate semester, then the provider's rate for that semester
279	shall be retroactively calculated using the new cost report, and
280	full payment at the recalculated rate shall be effected
281	retroactively. Medicare-granted extensions for filing cost
282	reports, if applicable, shall also apply to Medicaid cost
283	reports. Payment for Medicaid compensable services made on
284	behalf of Medicaid eligible persons is subject to the
285	availability of moneys and any limitations or directions
286	provided for in the General Appropriations Act or chapter 216.
287	Further, nothing in this section shall be construed to prevent
288	or limit the agency from adjusting fees, reimbursement rates,
289	lengths of stay, number of visits, or number of services, or
290	making any other adjustments necessary to comply with the
291	availability of moneys and any limitations or directions
292	provided for in the General Appropriations Act, provided the
293	adjustment is consistent with legislative intent.
294	(23)  A provider of immunization services shall be
295	reimbursed at the Medicare reimbursement rate for the
296	administration of immunizations in addition to any applicable
297	reimbursement for the ingredient cost of the immunizations.
298	Section 5.  Subsection (13) of section 465.003, Florida
299	Statutes, is amended to read:
300	465.003  Definitions.--As used in this chapter, the term:
301	(13)  "Practice of the profession of pharmacy" includes
302	compounding, dispensing, and consulting concerning contents,
303	therapeutic values, and uses of any medicinal drug; consulting
304	concerning therapeutic values and interactions of patent or
305	proprietary preparations, whether pursuant to prescriptions or
306	in the absence and entirely independent of such prescriptions or
307	orders; and other pharmaceutical services. For purposes of this
308	subsection, "other pharmaceutical services" means the monitoring
309	of the patient's drug therapy and assisting the patient in the
310	management of his or her drug therapy, and includes review of
311	the patient's drug therapy and communication with the patient's
312	prescribing health care provider as licensed under chapter 458,
313	chapter 459, chapter 461, or chapter 466, or similar statutory
314	provision in another jurisdiction, or such provider's agent or
315	such other persons as specifically authorized by the patient,
316	regarding the drug therapy. However, nothing in this subsection
317	may be interpreted to permit an alteration of a prescriber's
318	directions, the diagnosis or treatment of any disease, the
319	initiation of any drug therapy, the practice of medicine, or the
320	practice of osteopathic medicine, unless otherwise permitted by
321	law. "Practice of the profession of pharmacy" also includes any
322	other act, service, operation, research, or transaction
323	incidental to, or forming a part of, any of the foregoing acts,
324	requiring, involving, or employing the science or art of any
325	branch of the pharmaceutical profession, study, or training, and
326	shall expressly permit a pharmacist to transmit information from
327	persons authorized to prescribe medicinal drugs to their
328	patients. "Practice of the profession of pharmacy" also includes
329	the administration to adults of vaccines under s. 468.189.
330	Section 6.  Section 465.189, Florida Statutes, is created
331	to read:
332	465.189  Administration of vaccines.--
333	(1)  Pharmacists may administer vaccines to adults within
334	the framework of an established protocol under a supervisory
335	practitioner who is a physician licensed under chapter 458 or
336	chapter 459 or by written agreement with a county health
337	department. Each protocol shall contain specific procedures for
338	addressing any unforeseen allergic reaction to a vaccine.
339	(2)  A pharmacist may not enter into a protocol unless he
340	or she maintains at least $200,000 of professional liability
341	insurance and not until the pharmacist has completed training in
342	vaccines as provided in this section.
343	(3)  A pharmacist administering a vaccine shall maintain
344	and make available patient records using the same standards for
345	confidentiality and maintenance of such records as those that
346	are imposed on health care practitioners under s. 456.057. These
347	records shall be maintained for a minimum of 5 years.
348	(4)  The decision by a supervisory practitioner to enter
349	into a protocol under this section is a professional decision of
350	the practitioner, and a person may not interfere with a
351	supervisory practitioner's decision as to whether to enter into
352	such a protocol. A pharmacist may not enter into a protocol that
353	is to be performed while acting as an employee without the
354	written approval of the owner of the pharmacy.
355	(5)  Any pharmacist seeking to vaccinate patients under
356	this section shall be certified to administer vaccines pursuant
357	to a certification program approved by the Board of Pharmacy.
358	The certification program shall, at a minimum, require that a
359	pharmacist attend at least 20 hours of continuing education
360	classes approved by the board. The program shall have a
361	curriculum of instruction concerning the safe and effective
362	administration of vaccines, including, but not limited to,
363	potential allergic reactions to vaccines.
364	(6)  The pharmacist shall submit to the Board of Pharmacy a
365	copy of the protocol or written agreement to administer a
366	vaccine.
367	Section 7.  Section 627.64194, Florida Statutes, is created
368	to read:
369	627.64194  Coverage for immunizations.--An accident or
370	health insurance policy issued, amended, delivered, or renewed
371	in this state shall provide an option for the insured to elect
372	coverage for immunization services.
373	(1)  The immunizations covered under this section shall
374	include: diphtheria; hepatitis B; measles; mumps; pertussis;
375	polio; rubella; tetanus; hemophilus influenza B (HIB);
376	pneumococcal; meningococcal; and any other immunization that the
377	Advisory Committee on Immunization Practices of the United
378	States Centers for Disease Control and Prevention or the
379	Department of Health determines to be recommended or required by
380	law, or that the Centers for Disease Control and Prevention
381	recommends or requires for specific international travel that
382	the policyholder is conducting.
383	(2)  The coverage may be offered for an appropriate
384	additional premium.
385	(3)  The coverage shall be offered without being subject to
386	the deductible copayment or coinsurance provisions of the
387	policy.
388	Section 8.  Paragraph (c) is added to subsection (10) of
389	section 1003.22, Florida Statutes, to read:
390	1003.22  School-entry health examinations; immunization
391	against communicable diseases; exemptions; duties of Department
392	of Health.--
393	(10)  Each district school board and the governing
394	authority of each private school shall:
395	(c)  Provide detailed information concerning the causes,
396	symptoms, and transmission of meningococcal disease; the risks
397	associated with meningococcal disease; and the availability,
398	effectiveness, and known contraindications of any required or
399	recommended vaccine against meningococcal disease to every
400	student's parent, in accordance with the recommended ages of
401	students determined by the Department of Health to be
402	appropriate for the administration of such vaccine. The
403	department shall adopt rules that specify the age or grade level
404	of students for whom such information shall be provided,
405	consistent with the recommendations of the Advisory Committee on
406	Immunization Practices of the United States Centers for Disease
407	Control and Prevention concerning the appropriate age for the
408	administration of the vaccine, and shall make available
409	information concerning the causes symptoms, and transmission of
410	meningococcal disease; the risks associated with meningococcal
411	disease; and the availability, effectiveness, and known
412	contraindications of any required or recommended vaccine to
413	school districts and the governing authorities of each private
414	school. Each district school board and the governing authority
415	of each private school shall determine the means and methods for
416	the provision of such information to students' parents.
417	Section 9.  Subsection (5) of section 1009.53, Florida
418	Statutes, is amended to read:
419	1009.53  Florida Bright Futures Scholarship Program.--
420	(5)  The department shall issue awards from the scholarship
421	program annually. Annual awards may be for up to 45 semester
422	credit hours or the equivalent. Awards shall include coverage
423	for the student to receive immunizations required by the Florida
424	State University System for enrollment, and shall include one-
425	time coverage for the recommended meningococcal immunization at
426	the option of the student. Awards shall include coverage for
427	yearly recommended influenza immunizations. Before the
428	registration period each semester, the department shall transmit
429	payment for each award to the president or director of the
430	postsecondary education institution, or his or her
431	representative, except that the department may withhold payment
432	if the receiving institution fails to report or to make refunds
433	to the department as required in this section.
434	(a)  Within 30 days after the end of regular registration
435	each semester, the educational institution shall certify to the
436	department the eligibility status of each student who receives
437	an award. After the end of the drop and add period, an
438	institution is not required to reevaluate or revise a student's
439	eligibility status, but must make a refund to the department if
440	a student who receives an award disbursement terminates
441	enrollment for any reason during an academic term and a refund
442	is permitted by the institution's refund policy.
443	(b)  An institution that receives funds from the program
444	shall certify to the department the amount of funds disbursed to
445	each student and shall remit to the department any undisbursed
446	advances within 60 days after the end of regular registration.
447	(c)  Each institution that receives moneys through this
448	program shall prepare an annual report that includes an annual
449	financial audit, conducted by an independent certified public
450	accountant or the Auditor General. The report shall include an
451	audit of the institution's administration of the program and a
452	complete accounting of the moneys for the program. This report
453	must be submitted to the department annually by March 1. The
454	department may conduct its own annual audit of an institution's
455	administration of the program. The department may request a
456	refund of any moneys overpaid to the institution for the
457	program. The department may suspend or revoke an institution's
458	eligibility to receive future moneys for the program if the
459	department finds that an institution has not complied with this
460	section. The institution must remit within 60 days any refund
461	requested in accordance with this subsection.
462	Section 10.  Subsection (2) of section 1009.98, Florida
463	Statutes, is amended to read:
464	1009.98  Stanley G. Tate Florida Prepaid College Program.--
465	(2)  PREPAID COLLEGE PLANS.--At a minimum, the board shall
466	make advance payment contracts available for two independent
467	plans to be known as the community college plan and the
468	university plan. The board may also make advance payment
469	contracts available for a dormitory residence plan. All plans
470	shall include coverage for the student to receive immunizations
471	required by the Florida State University System for enrollment
472	and shall include one-time coverage for the recommended
473	meningococcal immunization at the option of the student. Awards
474	shall include coverage for yearly recommended influenza
475	immunizations. The board may restrict the number of participants
476	in the community college plan, university plan, and dormitory
477	residence plan, respectively. However, any person denied
478	participation solely on the basis of such restriction shall be
479	granted priority for participation during the succeeding year.
480	(a)1.  Through the community college plan, the advance
481	payment contract shall provide prepaid registration fees for a
482	specified number of undergraduate semester credit hours not to
483	exceed the average number of hours required for the conference
484	of an associate degree. Qualified beneficiaries shall bear the
485	cost of any laboratory fees associated with enrollment in
486	specific courses. Each qualified beneficiary shall be classified
487	as a resident for tuition purposes, pursuant to s. 1009.21,
488	regardless of his or her actual legal residence.
489	2.  Effective July 1, 1998, the board may provide advance
490	payment contracts for additional fees delineated in s. 1009.23,
491	not to exceed the average number of hours required for the
492	conference of an associate degree, in conjunction with advance
493	payment contracts for registration fees. Community college plan
494	contracts purchased prior to July 1, 1998, shall be limited to
495	the payment of registration fees as defined in s. 1009.97.
496	(b)1.  Through the university plan, the advance payment
497	contract shall provide prepaid registration fees for a specified
498	number of undergraduate semester credit hours not to exceed the
499	average number of hours required for the conference of a
500	baccalaureate degree. Qualified beneficiaries shall bear the
501	cost of any laboratory fees associated with enrollment in
502	specific courses. Each qualified beneficiary shall be classified
503	as a resident for tuition purposes pursuant to s. 1009.21,
504	regardless of his or her actual legal residence.
505	2.  Effective July 1, 1998, the board may provide advance
506	payment contracts for additional fees delineated in s.
507	1009.24(8)-(11), for a specified number of undergraduate
508	semester credit hours not to exceed the average number of hours
509	required for the conference of a baccalaureate degree, in
510	conjunction with advance payment contracts for registration
511	fees. Such contracts shall provide prepaid coverage for the sum
512	of such fees, to a maximum of 45 percent of the cost of
513	registration fees. University plan contracts purchased prior to
514	July 1, 1998, shall be limited to the payment of registration
515	fees as defined in s. 1009.97.
516	(c)  The cost of participation in contracts authorized
517	under paragraph (a) or paragraph (b) shall be based primarily on
518	the current and projected registration fees within the Florida
519	Community College System or the State University System,
520	respectively, and the number of years expected to elapse between
521	the purchase of the plan on behalf of a qualified beneficiary
522	and the exercise of the benefits provided in the plan by such
523	beneficiary.
524	(d)  Through the dormitory residence plan, the advance
525	payment contract may provide prepaid housing fees for a maximum
526	of 10 semesters of full-time undergraduate enrollment in a state
527	university. Dormitory residence plans shall be purchased in
528	increments of 2 semesters. The cost of participation in the
529	dormitory residence plan shall be based primarily on the average
530	current and projected housing fees within the State University
531	System and the number of years expected to elapse between the
532	purchase of the plan on behalf of a qualified beneficiary and
533	the exercise of the benefits provided in the plan by such
534	beneficiary. Qualified beneficiaries shall have the highest
535	priority in the assignment of housing within university
536	residence halls. Qualified beneficiaries shall bear the cost of
537	any additional elective charges such as laundry service or long-
538	distance telephone service. Each state university may specify
539	the residence halls or other university-held residences eligible
540	for inclusion in the plan. In addition, any state university may
541	request immediate termination of a dormitory residence contract
542	based on a violation or multiple violations of rules of the
543	residence hall or other university-held residences. In the event
544	that sufficient housing is not available for all qualified
545	beneficiaries, the board shall refund the purchaser or qualified
546	beneficiary an amount equal to the fees charged for dormitory
547	residence during that semester. If a qualified beneficiary fails
548	to be admitted to a state university or chooses to attend a
549	community college that operates one or more dormitories or
550	residency opportunities, or has one or more dormitories or
551	residency opportunities operated by the community college
552	direct-support organization, the qualified beneficiary may
553	transfer or cause to have transferred to the community college,
554	or community college direct-support organization, the fees
555	associated with dormitory residence. Dormitory fees transferred
556	to the community college or community college direct-support
557	organization may not exceed the maximum fees charged for state
558	university dormitory residence for the purposes of this section,
559	or the fees charged for community college or community college
560	direct-support organization dormitories or residency
561	opportunities, whichever is less.
562	Section 11.  This act shall take effect July 1, 2007.

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