19B-5.001: Contract Types
PURPOSE AND EFFECT: This rule is amended to: a) reflect the addition of the 4-Year Florida University Plan, 2 + 2 Florida Plan, 4-Year Florida College Plan and 2-Year Florida College Plan to the prepaid plans offered through the Florida Prepaid College Plan; b) provide definitions used with respect to the description of the prepaid plans offered through the Florida Prepaid College Plan; c) provide that all plans offered for sale through the Florida Prepaid College Plan are available for beneficiaries that are in the eleventh grade or below; d) reflect that Tuition Plans are no longer available for purchase; and e) revise the names and descriptions of the Tuition Plans Local Fee Plans, Tuition Differential Fee Plans and the Dormitory Plans. These changes relate to the implementation of Section 1009.98(2)(a)3. and (b)4., F.S.
SUMMARY: This rule revises the prepaid plans available through the Florida Prepaid College Plan.
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(2)9, (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:
DATE AND TIME: September 20, 2010, 2:00 p.m.
PLACE: Suite 210, Hermitage Building, 1801 Hermitage Boulevard, Tallahassee, Florida
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-5.001 Plan Contract Types.
(1) Definitions.
(a) “Florida College” means any public postsecondary educational institution in the Florida College System as defined in Section 1000.21(3), Florida Statutes.
(b) “Local Fee” means: (a) the activity and service, health, and athletic fees authorized in Section 1009.24(9)-(12), F.S., charged by a State University; or (b) the student activity fee authorized in Section 1009.23, F.S., and charged by a Florida College. The technology fee authorized in Section 1009.23(10), F.S., charged by a Florida College is also covered by Local Fee Plans purchased after July 1, 1999.
(c) “Registration Fee” means: (a) the tuition fee authorized in Section 1009.24(4), F.S., financial aid fee authorized in Section 1009.24(7), F.S., building fee authorized in Section 1009.24(8), F.S., and Capital Improvement Trust Fund fee authorized in Section 1009.24(8), F.S., charged by a State University; or (b) the tuition fee, authorized in Section 1009.23(3), F.S., the fee for capital improvements authorized in Section 1009.23(11), F.S., and the financial aid fee authorized in Section 1009.23(8), F.S., charged by a Florida College.
(d) “State University” means any university in the State University System as defined in Section 1000.21(6), Florida Statutes.
(e) “Tuition Differential Fee” means the fee charged by a State University pursuant to Section 1009.24(16), F.S.
The Florida Prepaid College Board’s advance payment contracts offer purchasers four (4) different plans: tuition, local fees, tuition differential fees and dormitory. All advance payment contracts include a tuition plan, unless the advance payment contract is an exception, pursuant to the Rules of this Chapter 19B-5, F.A.C. Purchasers may add corresponding local fee, tuition differential fee and/or dormitory plans in conjunction with or as addendums to advance payment contracts. The tuition plans cover the matriculation fee, the building fee, the capital improvement fee and the financial aid fee. Local fee plans cover the activity and service, health, and athletics fees imposed by the state universities and the student activity fee imposed by the community colleges. Local fee plans purchased after July 1, 1999 also cover the technology fee imposed by the community colleges. Tuition differential fee plans cover the supplemental fee charged by the same universities pursuant to Section 1009.24(16), F.S. The dormitory plan covers the housing rate specified by the university for inclusion in the plan of a double occupancy, air-conditioned room. The amount payable under each plan will be determined pursuant to Section 1009.98(10), F.S.
(2) The 4-Year Florida University Plan. The 4-Year Florida University Plan prepays the Registration Fees, Tuition Differential Fee and Local Fees, for 120 semester credit hours at a State University. The 4-Year Florida University Plan initially is available for purchase during 2010-2011 open enrollment period which begins on October 18, 2010. The 4-Year Florida University Plan may be purchased only for a qualified beneficiary who is in the eleventh grade or below at the time the application for the purchase of the 4-Year Florida University Plan is accepted by the Board.
(3) The 2 + 2 Florida Plan. The 2 + 2 Florida Plan prepays the Registration Fees and Local Fees for 60 lower division semester credit hours at a Florida College and the Registration Fees, Tuition Differential Fee and Local Fees for 60 semester credit hours at a State University. The 2 + 2 Plan initially is available for purchase during the 2010-2011 open enrollment period which begins on October 18, 2010. The 2 + Florida Plan may be purchased only for a qualified beneficiary who is in the eleventh grade or below at the time the application for the purchase of the 2 + 2 Florida Plan is accepted by the Board.
(4) The 4-Year Florida College Plan. The 4-Year Florida College Plan prepays the Registration Fees and Local Fees for 60 lower division semester credit hours at a Florida College and for 60 upper division semester credit hours at a Florida College. The 4-Year Florida College Plan initially is available for purchase during the 2010-2011 open enrollment period which begins on October 18, 2010. The 4-Year Florida College Plan may be purchased only for a qualified beneficiary who is in the eleventh grade or below at the time the application for the purchase of the 4-Year Florida College Plan is accepted by the Board.
(5) The 2-Year Florida College Plan. The 2-Year Florida College Plan prepays the Registration Fees and Local Fees for 60 lower division semester credit hours at a Florida College. The 2-Year Florida College Plan initially is available for purchase during the 2010-2011 open enrollment period which begins on October 18, 2010. The 2-Year Florida College Plan may be purchased only for a qualified beneficiary who is in the eleventh grade or below at the time the application for the purchase of the 2-Year Florida College Plan is accepted by the Board.
(6)(1) Tuition Plans plans consist of three (3) separate plans:
(a) 4-Yr University Tuition Plan – The purchase of a 4-Yr University Tuition Plan prepays the Registration Fees for university plan specifies that 120 credit hours at a State University state university are purchased for the benefit of the qualified beneficiary.
(b) 2-Yr FL College Tuition (formerly the Community College Plan) – The purchase of a 2-Yr FL College Tuition Plan prepays the Registration Fees for community college plan specifies that 60 lower division credit hours at a Florida College state community college are purchased for the benefit of the qualified beneficiary. For 2 Yr- FL College Plans community college plans purchased prior to the 1996-97 application period, the number of credit hours purchased through the 2-Yr FL College Tuition Plan community college plan shall be the number specified in the advance payment contract.
(c) 2 + 2 Tuition Plan (formerly the Community College Plus University Plan) – The purchase of a 2 + 2 Tuition Plan prepays the Registration Fees for community college plus university plan specifies that 60 lower division credit hours at a Florida College state community college and the Registration Fees for 60 upper division level credit hours at a State University state university are purchased for the benefit of the qualified beneficiary. For 2 + 2 Tuition Plans community college plus university plans purchased prior to the 1996-97 application period, the number of credit hours purchased through the 2 + 2 Plan community college plus university plan shall be the number specified in the advance payment contract.
Tuition Plans plans do not cover Local Fees, the Tuition Differential Fee or other institutionally-imposed fees such as health, athletic, activity and service, technology, tuition differential or student activity fees. Tuition Plans are not available for purchase after January 31, 2010.
(7)(2) Local Fee Plans fee plans consist of three (3) separate plans:
(a) 4-Yr University Local Fee Plan – The purchase of a 4-Yr University Local Fee Plan prepays the Local Fees university local fee plan specifies that local fees for 120 credit hours at a State University state university are purchased for the benefit of the qualified beneficiary. The 4-Yr University Local Fee Plan may only be purchased as an addition to a 4-Yr University Tuition Plan.
(b) 2-Yr FL College Local Fee Plan (formerly the Community College Local Fee Plan) – The purchase of a 2-Yr FL College Local Fee Plan prepays the Local Fees community college plan specifies that local fees for 60 lower division credit hours at a Florida College state community college are purchased for the benefit of the qualified beneficiary. The 2-Yr FL College Local Fee Plan may only be purchased as an addition to a 2-Yr FL College Tuition Plan.
(c) 2 + 2 Local Fee Plan (formerly the Community College Plus University Local Fee Plan) – The purchase of a 2 +2 Local Fee Plan prepays the Local Fees community college plus university plan specifies that local fees for 60 lower division credit hours at a Florida College state community college and 60 upper division level credit hours at a State University state university are purchased for the benefit of the qualified beneficiary. The 2 + 2 Local Fee Plan may only be purchased as an addition to the 2 + 2 Tuition Plan.
Local Fee Plans fee plans may be purchased only for a qualified beneficiary who is in the eleventh grade or below at the time the application for the purchase of the Local Fee Plan is accepted by the Board for those contract beneficiaries four (4) or more years away from their anticipated matriculation date at the time the application is filed. The Local Fee Plans do local fee plan does not include payment of the Tuition Differential Fee or other institutionally-imposed fees cover the tuition differential fee.
(8)(3) Tuition Differential Fee Plans consist of two (2) separate plans: Beneficiaries for whom advance payment contracts were in effect prior to July 1, 2007 and consist of the university tuition plan or the community college plus university tuition plan, are exempt from the tuition differential fee.
(a) 4-Yr University TDF Tuition Differential Fee Plan – The purchase of a 4-Yr University TDF Plan prepays the Tuition Differential Fee for university tuition differential fee plan specifies that 120 credit hours at a State University state university are purchased for the benefit of the qualified beneficiary. The 4-Yr University TDF Plan 120 credit hour university tuition differential fee plan may be purchased only as an addition to a 4-Yr University Tuition Plan in conjunction with a university tuition plan.
(b) 2 + 2 TDF Plan (formerly the Community College Plus University Tuition Differential Fee Plan) – The 2 + 2 TDF Plan prepays the Tuition Differential Fee for community college plus university tuition differential fee plan specifies that only 60 credit hours at a State University state university are purchased for the benefit of the qualified beneficiary. The 2 + 2 TDF Plan 60 credit hour tuition differential fee plan may be purchased only as an addition to a 2 + 2 Tuition Plan in conjunction with a community college plus university tuition plan.
Tuition Differential Fee Plans differential fee plans may be purchased only for a qualified beneficiary who is in the eleventh grade or below for those qualified beneficiaries who are four (4) or more years away from their anticipated matriculation date at the time the application for the Tuition Differential Fee Plan is accepted received by the Board. Beneficiaries for whom advance payment contracts were in effect prior to July 1, 2007 and include the 4-Yr University Tuition Plan or the 2 + 2 Tuition Plan, are exempt from the tuition differential fee. Tuition Differential Fee Plans do not include payment of Local Fees or other institutionally-imposed fees.
(9)(4) Dormitory Plan.
(a) The Dormitory Plan provides payment for a double-occupancy, air-conditioned room in a dormitory specified by the State University and approved by the Board in which the qualified beneficiary is enrolled. Where a State University does not offer a double-occupancy, air-conditioned dormitory room, the Dormitory Plan will pay the State University, on behalf of the qualified beneficiary, the average cost of an eligible double-occupancy, air-conditioned dormitory room in the State University System.
(b)(a) The Dormitory Plan may be purchased only for a qualified beneficiary who is in the eleventh grade or below at the time the application for the purchase of the Dormitory Plan is accepted by the Board dormitory plan may be purchased only for those contract beneficiaries four (4) or more years away from their anticipated matriculation date at the time that the contract application is filed.
(c)(b) A Dormitory Plan which is dormitory plan purchased in conjunction with or as an addendum to the 2 + 2 Florida Plan or which is purchased as an addendum to a 2 + 2 Tuition Plan community college plus university plan may only be used is intended for use after the beneficiary is admitted to a State University state university. A Dormitory Plan dormitory plan may only be transferred for use at a Florida College community college pursuant to Rule 19B-9.004, F.A.C.
(d)(c) A purchaser may purchase a Dormitory Plan dormitory plan for a beneficiary who was adopted from the Department of Children and Family Services after May 5, 1997, without purchasing a 4-Year Florida University Plan or 2 + 2 Florida Plan or without having purchased Tuition Plan tuition plan contract for that beneficiary.
(10)(5) The advance payment contract does contracts do not cover fees and costs related to books, meals, transportation, and institutionally-imposed fees, including, but not limited to such as laboratory fees.
Rulemaking Authority 1009.971(1), (4), (6) FS. Law Implemented 1009.98(2), (10) FS. History–New 3-29-89, Amended 5-17-92, 8-23-92, Formerly 4G-5.001, Amended 5-31-95, 6-20-96, 10-20-96, 8-18-97, 2-18-99, 2-8-00, 8-27-02, 12-17-07, 11-30-09,________.