ENROLLED
2009 Legislature CS for CS for SB 606, 1st Engrossed
2009606er
1
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.