HB 541

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
24	career 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
47	the amount of an appropriation from the General Revenue Fund to
48	an administering body is less than the amount necessary to fund
49	total payments by the administering body, the amount that
50	results from multiplying the percentage of total funding
51	appropriated by the payment amount of $3,000 or $5,000 as
52	provided in paragraph (3)(b). The percentage of total funding
53	appropriated is the amount that results from dividing the amount
54	of the appropriation by the amount necessary to fund total
55	payments under paragraph (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
59	of an individual, the individual may submit to his or her
60	employer a certification affidavit on a form authorized by the
61	administering body, which certifies that he or she, as of his or
62	her last employment anniversary date, is an eligible career
63	attorney with one or more eligible student loans. Upon approval
64	by the employing state attorney, public defender, Attorney
65	General, or statewide prosecutor, the certification affidavit
66	shall be submitted to the administering body within 60 days
67	following the last employment anniversary date of the eligible
68	career attorney.
69	(b)  The administering body that receives a certification
70	affidavit for an eligible career attorney having:
71	1.  Three to five years of continuous service shall make a
72	payment in the amount of $3,000 or in the maximum available
73	amount, whichever is less.
74	2.  Six to twelve years of continuous service shall make a
75	payment in the amount of $5,000 or in the maximum available
76	amount, whichever is less.
77	(c)  A payment under paragraph (b) shall be made by the
78	administering body:
79	1.  For the benefit of the eligible career attorney named
80	in the certification affidavit and for the purpose of satisfying
81	his or her eligible student loan obligation.
82	2.  To the lender that services the eligible student loan
83	between July 1 and July 31 of the next fiscal year following
84	receipt of the certification affidavit by the administering
85	body.
86	3.  For the eligible student loan that has the highest
87	current interest rate if the eligible career attorney holds more
88	than one eligible student loan.
89	(d)  Payments under paragraph (b) shall cease upon totaling
90	$44,000 per eligible career attorney or upon full satisfaction
91	of the eligible student loan, whichever occurs first.
92	(4)  The student loan assistance program may be funded
93	annually contingent upon a specific appropriation in the General
94	Appropriations Act for student loan repayment assistance to
95	eligible assistant state attorneys, assistant public defenders,
96	assistant attorneys general, and assistant statewide
97	prosecutors.
98	(5)  The Justice Administrative Commission shall develop
99	procedures to administer this section. The Office of the
100	Attorney General shall adopt rules pursuant to ss. 120.536(1)
101	and 120.54 to administer this section.
102	Section 2.  This act shall take effect July 1, 2008.

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