| 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 | 
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| 12 | Be It Enacted by the Legislature of the State of Florida: | 
| 13 | 
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| 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. |