CS/HB 315

1	A bill to be entitled
2	An act relating to the Florida Prepaid College Program;
3	amending s. 1009.98, F.S.; revising provisions relating to
4	the transfer of benefits received from the Florida Prepaid
5	College Program to private and out-of-state colleges and
6	universities and to career centers; amending s. 744.1083,
7	F.S., relating to professional guardians; conforming a
8	cross-reference; providing an effective date.
9
10	Be It Enacted by the Legislature of the State of Florida:
11
12	Section 1.  Subsection (3) of section 1009.98, Florida
13	Statutes, is amended to read:
14	1009.98  Stanley G. Tate Florida Prepaid College Program.--
15	(3)  TRANSFER OF BENEFITS TO ELIGIBLE EDUCATIONAL
16	INSTITUTIONS PRIVATE AND OUT-OF-STATE COLLEGES AND UNIVERSITIES
17	AND TO CAREER CENTERS.--A qualified beneficiary may apply the
18	benefits of an advance payment contract toward any eligible
19	educational institution as defined in s. 529 of the Internal
20	Revenue Code.:
21	(a)  An independent college or university that is located
22	and chartered in Florida, that is accredited by the Commission
23	on Colleges of the Southern Association of Colleges and Schools
24	or the Accrediting Council for Independent Colleges and Schools,
25	and that confers degrees as defined in s. 1005.02. Any
26	advertisement disseminated by an eligible for-profit independent
27	college or university that references the Stanley G. Tate
28	Florida Prepaid College Program shall clearly state the
29	following: "While the benefits of a Florida Prepaid College
30	contract may be utilized at this institution, the Florida
31	Prepaid College Board does not endorse any particular college or
32	university."
33	(b)  An out-of-state college or university that is not for
34	profit and is accredited by a regional accrediting association,
35	and that confers degrees.
36	(c)  An applied technology diploma program or career
37	certificate program conducted by a community college listed in
38	s. 1004.02(2) or career center operated by a district school
39	board.
40
41	The board shall transfer or cause to be transferred to the
42	institution designated by the qualified beneficiary an amount
43	not to exceed the redemption value of the advance payment
44	contract at a state postsecondary institution. If the cost of
45	registration or housing fees at such institution is less than
46	the corresponding fees at a state postsecondary institution, the
47	amount transferred may not exceed the actual cost of
48	registration and housing fees. A transfer authorized under this
49	subsection may not exceed the number of semester credit hours or
50	semesters of dormitory residence contracted on behalf of a
51	qualified beneficiary. Any advertisement disseminated by a for-
52	profit educational institution which references the Stanley G.
53	Tate Florida Prepaid College Program shall clearly state the
54	following: "While the benefits of the Florida Prepaid College
55	contract may be used at this institution, the Florida Prepaid
56	College Board does not endorse any particular educational
57	institution." Notwithstanding any other provision in this
58	section, an institution must be an "eligible educational
59	institution" under s. 529 of the Internal Revenue Code to be
60	eligible for the transfer of advance payment contract benefits.
61	Section 2.  Subsection (10) of section 744.1083, Florida
62	Statutes, is amended to read:
63	744.1083  Professional guardian registration.--
64	(10)  A state college or university or an independent
65	college or university authorized under s. 1009.98(3) described
66	in s. 1009.98(3)(a), may, but is not required to, register as a
67	professional guardian under this section. If a state college or
68	university or independent college or university elects to
69	register as a professional guardian under this subsection, the
70	requirements of subsections (3) and (4) do not apply and the
71	registration must include only the name, address, and employer
72	identification number of the registrant.
73	Section 3.  This act shall take effect July 1, 2009.

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