Notice of Proposed Rule

STATE BOARD OF ADMINISTRATION
Florida Prepaid Postsecondary Education Expense Board
RULE NO: RULE TITLE
19B-9.004: Dormitory Transfer to Community Colleges and State University-Held Residences Other than Dormitories
PURPOSE AND EFFECT: This rule is amended to clarify that the amount which will be paid for transfers of dormitory plans to: a) residence facilities owned by a community college or community college direct support organization will not exceed the average of fees payable under the beneficiary’s dormitory plan for state university dormitories approved for inclusion in the Prepaid Plan, and b) state university-held residences other than dormitories will be the average amount of the dormitory fee payable under the beneficiary’s dormitory plan for dormitories at the state university that are approved for inclusion under in Prepaid Plan. These changes are needed due to the enactment by the 2009 regular session of the Legislature of Section 1009.98(10), F.S., which specifies the amounts which the Board is required to pay state universities on behalf of beneficiaries of dormitory plans.
SUMMARY: This rule change revises the rule concerning the amounts that will be paid when dormitory plans are transferred for use at residence facilities owned by a community college or community college direct support organization and state university-held residences other than dormitories.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: No Statement of Estimated Regulatory Cost was prepared.
Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.
SPECIFIC AUTHORITY: 1009.971(1), (4), (6) FS.
LAW IMPLEMENTED: 1009.98(3), (10) FS.
IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE HELD AT THE DATE,TIME AND PLACE SHOWN BELOW(IF NOT REQUESTED, THIS HEARING WILL NOT BE HELD):
DATE AND TIME: November 2, 2009, 2:00 p.m.
PLACE: Suite 210, Hermitage Building, 1801 Hermitage Boulevard, Tallahassee, Florida
Pursuant to the provisions of the Americans with Disabilities Act, any person requiring special accommodations to participate in this workshop/meeting is asked to advise the agency at least 5 days before the workshop/meeting by contacting: fax a written request for same to: Thomas J. Wallace, Executive Director, 1801 Hermitage Blvd., Suite 210, Tallahassee, FL 32308, (850)488-3555. If you are hearing or speech impaired, please contact the agency using the Florida Relay Service, 1(800)955-8771 (TDD) or 1(800)955-8770 (Voice).
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Thomas J. Wallace, Executive Director, 1801 Hermitage Boulevard, Suite 210, Tallahassee, Florida 32308, telephone (850)488-8514

THE FULL TEXT OF THE PROPOSED RULE IS:

19B-9.004 Dormitory Transfer to Community Colleges and State University-Held Residences Other than Dormitories.

(1) A dormitory plan may be transferred to a community college or community college direct-support organization that operates a residence facility for students attending the community college. Funds transferred to the community college or community college direct-support organization shall not exceed the lesser of the actual fees charged by the community college or the community college direct-support organization for dormitories or residency opportunities or the average fees payable under the beneficiary’s dormitory plan charged for state university dormitories designated for inclusion in the Program.

(2) A dormitory plan may be transferred to other university-held residences designated by a state university for inclusion in the Program. Funds transferred to other university-held residences shall not exceed the average of fees payable under the beneficiary’s dormitory plan charged for dormitories at the state university that are designated for inclusion in the Program. The terms of the university housing contract shall take precedence over the terms of the advance payment contract for the purpose of transferring dormitory plans.

Rulemaking Specific Authority 1009.971(1), (4), (6) FS. Law Implemented 1009.98(3), (10) FS. History–New 10-20-96, Amended 1-28-09,________.


NAME OF PERSON ORIGINATING PROPOSED RULE: Florida Prepaid College Board
NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Florida Prepaid College Board
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: September 2, 2009
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: September 18, 2009