Notice of Proposed Rule

STATE BOARD OF ADMINISTRATION
Florida Prepaid Postsecondary Education Expense Board
RULE NO: RULE TITLE
19B-6.001: Fee Schedule
PURPOSE AND EFFECT: To amend the fee schedule with updated fee provisions and terminology.
SUMMARY: This rule change amends the Florida Prepaid College Plan fee schedule with updated fee provisions which include the tuition differential fee
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 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 19, 2007, 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-6.001 Fee Schedule.

The following fee schedule will apply for all advance payment contract applicants and purchasers:

       (1) Application Fee –

       (a) A fifty dollar ($50.00) nonrefundable application fee will be collected at the time an application is submitted to for the Board Program.

       (b) If the purchaser named on the application for the advance payment contract Program has a Florida College Investment Plan account and the designated beneficiary of that account is the same as beneficiary named on the application for the advanced payment contract, a thirty dollar ($30.00) nonrefundable application fee will be collected at the time the application is submitted.

       (c) If an application for both the advance payment contract Program and the Florida College Investment Plan is submitted on the same application, an eighty dollar ($80.00) nonrefundable application fee will be collected at the time the application is submitted.

       (d) A fee of ten dollars ($10.00) will be assessed for any purchaser of a tuition plan who subsequently adds a dormitory plan to the previously purchased tuition plan.

       (e) A fee of ten dollars ($10.00) will be assessed for any purchaser of a tuition plan who subsequently adds the corresponding local fee plan to the previously purchased tuition plan.

       (f) A fee of ten dollars ($10.00) will be assessed for any purchaser of a tuition plan who subsequently adds the corresponding tuition differential fee plan to the previously purchased tuition plan.

       (2) Termination Fee – Fifty percent (50%) of the amount paid into the tuition plan up to a cap of fifty dollars ($50.00) will be assessed upon termination of any tuition plan purchased, unless:

       (a) The purchaser or beneficiary dies or is disabled; or

       (b) The beneficiary receives a scholarship which renders the plan unusable; or

       (c) The purchaser holds the advance payment contract for a period of at least two (2) years immediately preceding the request for termination and refund.

The purchaser shall request a waiver of the termination fee at the time of the refund request. Only one termination fee will be assessed for a single termination request for both the university and dormitory plan. Documentation of one of the above events permitting the fee waiver shall also be submitted with the request.

       (3) Cancellation Fee – In verifying the residency of a beneficiary, if the Board discovers that a purchaser has committed fraud, a cancellation fee of one hundred percent (100%) of the amount paid into the plan up to a maximum of two hundred fifty dollars ($250.00) will be assessed, and the remainder of the amount paid into the plan will be automatically refunded to the purchaser.

       (4) Late Fee.

       (a) A late fee of ten dollars ($10.00) will be assessed on each monthly payment received twenty (20) days past the due date. This charge shall be separate from and in addition to any termination fee that might be imposed pursuant to subsection (2) of this Rrule. If both the tuition, and local fee and tuition differential fee payments are received twenty (20) or more days past the due date, only the tuition plan account will be assessed a ten dollar ($10.00) late fee. The Board will grant an additional four (4) days grace period when a federal holiday occurs within the twenty (20) days mentioned above.

       (b) When an advance payment contract is terminated, not more than seventy dollars ($70.00) in outstanding late fees may be deducted from the refund for the advance payment contract.

       (c) When an advance payment contract is paid-in-full, the Board will waive:

       1. Any outstanding late fees in excess of seventy dollars ($70.00).

       2. The outstanding late fee balance when the outstanding late fee balance is fifty dollars ($50.00) or less.

       (5) Insufficient Funds – Purchasers will automatically be assessed a twenty dollar ($20.00) fee for all payments returned for insufficient funds.

       (6) Outstanding Fees – All outstanding fees must be paid by March 1 of the anticipated enrollment year in order for the qualified beneficiary to receive the advance payment contract benefits. Fees assessed after March 1 of the anticipated enrollment year and remaining unpaid on February 1 of the succeeding year will result in a suspension of the advance payment contract benefits.

       (7) Reinstatement Fee – A fifty dollar ($50.00) fee shall be assessed for the reinstatement of a voluntarily canceled or involuntarily canceled plan account. This fee shall be due on each tuition, local fee, tuition differential fee and dormitory plan account. The fee shall be due from the purchaser at the time the request for reinstatement is made and shall be in addition to all payments and fees required to bring an account plan current.

Specific Authority 1009.971(1), (4), (6) FS. Law Implemented 1009.971(4), 1009.98 FS. History–New 3-29-89, Amended 2-6-90, 3-19-92, 8-23-92, Formerly 4G-6.001, Amended 12-5-93, 6-20-96, 12-16-97, 2-18-99, 2-8-00, 11-6-01, 11-27-02,_________.


NAME OF PERSON ORIGINATING PROPOSED RULE: Florida Prepaid College Board
NAME OF SUPERVISOR OR PERSON WHO APPROVED THE PROPOSED RULE: Florida Prepaid College Board
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: September 05, 2007
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: September 28, 2007