CS for CS for SB 606                             First Engrossed
       
       
       
       
       
       
       
       
       2009606e1
       
    1                        A bill to be entitled                      
    2         An act relating to the Florida Prepaid College
    3         Program; amending s. 1009.98, F.S.; revising
    4         provisions relating to the transfer of benefits
    5         received from the Florida Prepaid College Program to
    6         private and out-of-state colleges and universities and
    7         to career centers; amending s. 744.1083, F.S.;
    8         revising provisions relating to the authorization of
    9         certain colleges or universities to register as a
   10         professional guardian; providing an 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 PRIVATE AND OUT-OF-STATE
   18  COLLEGES AND UNIVERSITIES AND TO CAREER CENTERS.—A qualified
   19  beneficiary may apply the benefits of an advance payment
   20  contract toward any eligible educational institution as defined
   21  in s. 529 of the Internal Revenue Code.:
   22         (a)An independent college or university that is located
   23  and chartered in Florida, that is accredited by the Commission
   24  on Colleges of the Southern Association of Colleges and Schools
   25  or the Accrediting Council for Independent Colleges and Schools,
   26  and that confers degrees as defined in s. 1005.02. Any
   27  advertisement disseminated by an eligible for-profit independent
   28  college or university that references the Stanley G. Tate
   29  Florida Prepaid College Program shall clearly state the
   30  following: “While the benefits of a Florida Prepaid College
   31  contract may be utilized at this institution, the Florida
   32  Prepaid College Board does not endorse any particular college or
   33  university.”
   34         (b)An out-of-state college or university that is not for
   35  profit and is accredited by a regional accrediting association,
   36  and that confers degrees.
   37         (c)An applied technology diploma program or career
   38  certificate program conducted by a community college listed in
   39  s. 1004.02(2) or career center operated by a district school
   40  board.
   41  
   42  The board shall transfer or cause to be transferred to the
   43  institution designated by the qualified beneficiary an amount
   44  not to exceed the redemption value of the advance payment
   45  contract at a state postsecondary institution. If the cost of
   46  registration or housing fees at such institution is less than
   47  the corresponding fees at a state postsecondary institution, the
   48  amount transferred may not exceed the actual cost of
   49  registration and housing fees. A transfer authorized under this
   50  subsection may not exceed the number of semester credit hours or
   51  semesters of dormitory residence contracted on behalf of a
   52  qualified beneficiary. Any advertisement disseminated by a for
   53  profit educational institution which references the Stanley G.
   54  Tate Florida Prepaid College Program shall clearly state the
   55  following: “While the benefits of the Florida Prepaid College
   56  contract may be used at this institution, the Florida Prepaid
   57  College Board does not endorse any particular educational
   58  institution.” Notwithstanding any other provision in this
   59  section, an institution must be an “eligible educational
   60  institution” under s. 529 of the Internal Revenue Code to be
   61  eligible for the transfer of advance payment contract benefits.
   62         Section 2. Subsection (10) of section 744.1083, Florida
   63  Statutes, is amended to read:
   64         744.1083 Professional guardian registration.—
   65         (10) A state college or university or an independent
   66  college or university that is located and chartered in Florida,
   67  that is accredited by the Commission on Colleges of the Southern
   68  Association of Colleges and Schools or the Accrediting Council
   69  for Independent Colleges and Schools, and that confers degrees
   70  as defined in s. 1005.02(7) described in s. 1009.98(3)(a), may,
   71  but is not required to, register as a professional guardian
   72  under this section. If a state college or university or
   73  independent college or university elects to register as a
   74  professional guardian under this subsection, the requirements of
   75  subsections (3) and (4) do not apply and the registration must
   76  include only the name, address, and employer identification
   77  number of the registrant.
   78         Section 3. This act shall take effect July 1, 2009.