CS/CS/HB 315

1
A bill to be entitled
2An act relating to the Florida Prepaid College Program;
3amending s. 1009.98, F.S.; revising provisions relating to
4the transfer of benefits received from the Florida Prepaid
5College Program to private and out-of-state colleges and
6universities and to career centers; repealing s.
7744.1083(10), F.S., relating to a state college or
8university or an independent college or university
9registering as a professional guardian; providing an
10effective date.
11
12Be It Enacted by the Legislature of the State of Florida:
13
14     Section 1.  Subsection (3) of section 1009.98, Florida
15Statutes, is amended to read:
16     1009.98  Stanley G. Tate Florida Prepaid College Program.--
17     (3)  TRANSFER OF BENEFITS TO ELIGIBLE EDUCATIONAL
18INSTITUTIONS PRIVATE AND OUT-OF-STATE COLLEGES AND UNIVERSITIES
19AND TO CAREER CENTERS.--A qualified beneficiary may apply the
20benefits of an advance payment contract toward any eligible
21educational institution as defined in s. 529 of the Internal
22Revenue Code.:
23     (a)  An independent college or university that is located
24and chartered in Florida, that is accredited by the Commission
25on Colleges of the Southern Association of Colleges and Schools
26or the Accrediting Council for Independent Colleges and Schools,
27and that confers degrees as defined in s. 1005.02. Any
28advertisement disseminated by an eligible for-profit independent
29college or university that references the Stanley G. Tate
30Florida Prepaid College Program shall clearly state the
31following: "While the benefits of a Florida Prepaid College
32contract may be utilized at this institution, the Florida
33Prepaid College Board does not endorse any particular college or
34university."
35     (b)  An out-of-state college or university that is not for
36profit and is accredited by a regional accrediting association,
37and that confers degrees.
38     (c)  An applied technology diploma program or career
39certificate program conducted by a community college listed in
40s. 1004.02(2) or career center operated by a district school
41board.
42
43The board shall transfer or cause to be transferred to the
44institution designated by the qualified beneficiary an amount
45not to exceed the redemption value of the advance payment
46contract at a state postsecondary institution. If the cost of
47registration or housing fees at such institution is less than
48the corresponding fees at a state postsecondary institution, the
49amount transferred may not exceed the actual cost of
50registration and housing fees. A transfer authorized under this
51subsection may not exceed the number of semester credit hours or
52semesters of dormitory residence contracted on behalf of a
53qualified beneficiary. Any advertisement disseminated by a for-
54profit educational institution which references the Stanley G.
55Tate Florida Prepaid College Program shall clearly state the
56following: "While the benefits of the Florida Prepaid College
57contract may be used at this institution, the Florida Prepaid
58College Board does not endorse any particular educational
59institution." Notwithstanding any other provision in this
60section, an institution must be an "eligible educational
61institution" under s. 529 of the Internal Revenue Code to be
62eligible for the transfer of advance payment contract benefits.
63     Section 2.  Subsection (10) of section 744.1083, Florida
64Statutes, is repealed.
65     Section 3.  This act shall take effect July 1, 2009.


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