Florida Senate - 2019                              CS for SB 464
       
       
        
       By the Committee on Education; and Senator Flores
       
       
       
       
       
       581-03243-19                                           2019464c1
    1                        A bill to be entitled                      
    2         An act relating to prepaid college plans; amending s.
    3         1009.98, F.S.; authorizing the transfer of fees
    4         associated with dormitory residency to approved
    5         qualified nonprofit organizations under certain
    6         circumstances; prohibiting transferred fees from
    7         exceeding a specified amount; defining the term
    8         “qualified nonprofit organization”; providing an
    9         effective date.
   10          
   11  Be It Enacted by the Legislature of the State of Florida:
   12  
   13         Section 1. Paragraph (d) of subsection (2) of section
   14  1009.98, Florida Statutes, is amended to read:
   15         1009.98 Stanley G. Tate Florida Prepaid College Program.—
   16         (2) PREPAID COLLEGE PLANS.—At a minimum, the board shall
   17  make advance payment contracts available for two independent
   18  plans to be known as the Florida College System institution plan
   19  and the university plan. The board may also make advance payment
   20  contracts available for a dormitory residence plan. The board
   21  may restrict the number of participants in the Florida College
   22  System institution plan, university plan, and dormitory
   23  residence plan, respectively. However, any person denied
   24  participation solely on the basis of such restriction shall be
   25  granted priority for participation during the succeeding year.
   26         (d)1. Through the dormitory residence plan, the advance
   27  payment contract may provide prepaid housing fees for a maximum
   28  of 10 semesters of full-time undergraduate enrollment in a state
   29  university. Dormitory residence plans must shall be purchased in
   30  increments of 2 semesters. The cost of participation in the
   31  dormitory residence plan shall be based primarily on the average
   32  current and projected housing fees within the State University
   33  System and the number of years expected to elapse between the
   34  purchase of the plan on behalf of a qualified beneficiary and
   35  the exercise of the benefits provided in the plan by such
   36  beneficiary. Qualified beneficiaries shall have the highest
   37  priority in the assignment of housing within university
   38  residence halls. Qualified beneficiaries shall bear the cost of
   39  any additional elective charges such as laundry service or long
   40  distance telephone service. Each state university may specify
   41  the residence halls or other university-held residences eligible
   42  for inclusion in the plan. In addition, any state university may
   43  request immediate termination of a dormitory residence contract
   44  based on a violation or multiple violations of rules of the
   45  residence hall or other university-held residences. In the event
   46  that sufficient housing is not available for all qualified
   47  beneficiaries, the board shall refund the purchaser or qualified
   48  beneficiary an amount equal to the fees charged for dormitory
   49  residence during that semester. If a qualified beneficiary is
   50  admitted to the state university and finds housing with a
   51  qualified nonprofit organization, as defined in subparagraph 2.,
   52  that is approved by the state university, the state university
   53  may transfer or cause to have transferred to the qualified
   54  nonprofit organization the fees associated with dormitory
   55  residence. If a qualified beneficiary fails to be admitted to a
   56  state university or chooses to attend a Florida College System
   57  institution that operates one or more dormitories or residency
   58  opportunities, or has one or more dormitories or residency
   59  opportunities operated by the Florida College System institution
   60  direct-support organization, the qualified beneficiary may
   61  transfer or cause to have transferred to the Florida College
   62  System institution, or Florida College System institution
   63  direct-support organization, the fees associated with dormitory
   64  residence. If a qualified beneficiary attends a Florida College
   65  System institution and finds housing with a qualified nonprofit
   66  organization, as defined in subparagraph 2., that is approved by
   67  the Florida College System institution, the Florida College
   68  System institution may transfer or cause to have transferred to
   69  the qualified nonprofit organization the fees associated with
   70  dormitory residence. Dormitory fees transferred to a the Florida
   71  College System institution, or Florida College System
   72  institution direct-support organization, or qualified nonprofit
   73  organization may not exceed the average maximum fees charged for
   74  state university dormitory residence for the purposes of this
   75  section, or the fees charged for Florida College System
   76  institution or Florida College System institution direct-support
   77  organization dormitories or residency opportunities, whichever
   78  is less.
   79         2.For purposes of this paragraph, the term “qualified
   80  nonprofit organization” means a nonprofit organization under s.
   81  501(c)(3) of the United States Internal Revenue Code which
   82  provides one or more dormitories or residency opportunities to
   83  students enrolled full-time in a state university or Florida
   84  College System institution, primarily supports students that
   85  lack financial resources, and has been approved by the board for
   86  inclusion in the plan.
   87         Section 2. This act shall take effect July 1, 2019.