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

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