1

A bill to be entitled

2

An act relating to student loans; creating s. 43.45, F.S.;

3

providing for a financial assistance program administered

4

by the Justice Administrative Commission and the Office of

5

the Attorney General to assist a career assistant state

6

attorney, assistant public defender, assistant attorney

7

general, or assistant statewide prosecutor in the

8

repayment of eligible student loans; providing

9

definitions; providing elements of the program; requiring

10

the administering body to make a payment of a certain

11

amount; providing for funding; requiring the Justice

12

Administrative Commission to develop procedures; requiring

13

the Office of the Attorney General to adopt rules;

14

providing an effective date.

15

16

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

17

18

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

19

read:

20

     43.45 Student loan assistance program; administration.--

21

     (1) The administering body shall implement a student loan

22

assistance program for eligible career attorneys. The purpose of

23

the program is to provide financial assistance to eligible career

24

attorneys for the repayment of eligible student loans.

25

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

26

     (a) "Administering body" means the Justice Administrative

27

Commission when the eligible career attorney is employed as an

28

assistant state attorney or assistant public defender or the

29

Office of the Attorney General when the eligible career attorney

30

is employed as an assistant attorney general or assistant

31

statewide prosecutor.

32

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

33

assistant public defender, assistant attorney general, or

34

assistant statewide prosecutor.

35

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

36

who has completed at least 3 years but not more than 12 years of

37

continuous service on his or her employment anniversary date.

38

However, eligibility for student loan repayment assistance may

39

not be lost due to a break in employment of less than 2 weeks

40

while an eligible attorney transfers to another employer of

41

eligible attorneys.

42

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

43

pursuant to the Higher Education Act of 1965, as amended, to an

44

eligible career attorney to fund his or her law school education

45

and which is not in default.

46

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

47

amount of an appropriation from the General Revenue Fund to an

48

administering body is less than the amount necessary to fund

49

total payments by the administering body, the amount that results

50

from multiplying the percentage of total funding appropriated by

51

the payment amount of $3,000 or $5,000 as provided in paragraph

52

(3)(b). The percentage of total funding appropriated is the

53

amount that results from dividing the amount of the appropriation

54

by the amount necessary to fund total payments under paragraph

55

(3)(b).

56

     (3) The student loan assistance program shall be

57

administered in the following manner:

58

     (a) Within 30 days after the employment anniversary date of

59

an individual, the individual may submit to his or her employer a

60

certification affidavit on a form authorized by the administering

61

body, which certifies that he or she, as of his or her last

62

employment anniversary date, is an eligible career attorney with

63

one or more eligible student loans. Upon approval by the

64

employing state attorney, public defender, Attorney General, or

65

statewide prosecutor, the certification affidavit shall be

66

submitted to the administering body within 60 days following the

67

last employment anniversary date of the eligible career attorney.

68

     (b) The administering body that receives a certification

69

affidavit for an eligible career attorney having:

70

     1. Three to five years of continuous service shall make a

71

payment in the amount of $3,000 or in the maximum available

72

amount, whichever is less.

73

     2. Six to twelve years of continuous service shall make a

74

payment in the amount of $5,000 or in the maximum available

75

amount, whichever is less.

76

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

77

administering body:

78

     1. For the benefit of the eligible career attorney named in

79

the certification affidavit and for the purpose of satisfying his

80

or her eligible student loan obligation.

81

     2. To the lender that services the eligible student loan

82

between July 1 and July 31 of the next fiscal year following

83

receipt of the certification affidavit by the administering body.

84

     3. For the eligible student loan that has the highest

85

current interest rate if the eligible career attorney holds more

86

than one eligible student loan.

87

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

88

$44,000 per eligible career attorney or upon full satisfaction of

89

the eligible student loan, whichever occurs first.

90

     (4) The student loan assistance program may be funded

91

annually contingent upon a specific appropriation in the General

92

Appropriations Act for student loan repayment assistance to

93

eligible assistant state attorneys, assistant public defenders,

94

assistant attorneys general, and assistant statewide prosecutors.

95

     (5) The Justice Administrative Commission shall develop

96

procedures to administer this section. The Office of the Attorney

97

General shall adopt rules pursuant to ss. 120.536(1) and 120.54

98

to administer this section.

99

     Section 2.  This act shall take effect July 1, 2008.