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