Title: Assistant State Attorney and Assistant Public Defender Student Loan Repayment Program

Summary: Establishing a student loan repayment program within the Department of Education for assistant state attorneys and assistant public defenders; requiring the Department of Education to administer the program; requiring payments to be contingent upon proof of eligibility and annual recertification through an annual certification affidavit; providing that payments are not considered taxable income; requiring the department to reduce payments for all program participants by a proportional amount if appropriated funds are insufficient to provide maximum payment for all program participants' loans, etc.

Full Text:
An act relating to the Assistant State Attorney and Assistant Public Defender Student Loan Repayment Program; creating s. 1009.695, F.S.; establishing a student loan repayment program within the Department of Education for assistant state attorneys and assistant public defenders; providing the purpose of the program; requiring the Department of Education to administer the program; providing requirements for eligibility; providing procedures for payments; requiring payments to be contingent upon proof of eligibility and annual recertification through an annual certification affidavit; specifying certification criteria; providing that payments are not considered taxable income; requiring the department to reduce payments for all program participants by a proportional amount if appropriated funds are insufficient to provide maximum payment for all program participants  loans; authorizing the Department of Education to adopt rules; providing for program funding; providing an effective date. Be It Enacted by the Legislature of the State of Florida: Section 1. Section 1009.695, Florida Statutes, is created to read: 1009.695   Assistant State Attorney and Assistant Public Defender Student Loan Repayment Program.  (1)   The Assistant State Attorney and Assistant Public Defender Student Loan Repayment Program is established within the Department of Education. The purpose of the program is to increase employment and retention of assistant state attorneys and assistant public defenders in the public sector by making payments that offset student loans issued or guaranteed by a state or the Federal Government. The department shall administer the program. (2)   To be eligible to participate in the program, the assistant state attorney or assistant public defender must meet all of the following requirements: (a)   Be a member in good standing of The Florida Bar. (b)   Be employed full time by a state attorney or public defender in the state. (c)   Have completed not more than a total of years of continuous service as an assistant state attorney or assistant public defender. (d)   Be earning a salary of less than $65,000 as an assistant state attorney or assistant public defender. (e)   Not have received any disciplinary action from The Florida Bar. (f)   Have an unsatisfied student loan that was issued or guaranteed by a state or the Federal Government. (g)   Not be eligible for any other state, local, or federal grant or private fund that assists in student loan repayment. (3)   Only student loans that are not in default and that were issued pursuant to the Higher Education Act of 1965, U.S.C. ss. 1001 et seq., as amended, to fund a program participant s law school education are eligible for repayment under the program. (4)   From the funds available, the Department of Education shall make an annual payment pursuant to subsection (6) as follows: (a)   Three thousand dollars if the program participant has a total of at least years, but not more than years, of continuous service as an assistant state attorney or assistant public defender. (b)   Five thousand dollars if the program participant has a total of more than years, but not more than years, of continuous service as an assistant state attorney or assistant public defender. (5)   All payments are contingent upon continued proof of eligibility through an annual certification affidavit on a form authorized by the department which certifies that the program participant meets all eligibility requirements of this section as of his or her most recent employment anniversary. A program participant must submit such affidavit to his or her employer within days after his or her employment anniversary. If the employer signs such affidavit, the employer must submit the signed annual certification affidavit to the department within days after the program participant s most recent employment anniversary. (6)   Payments made pursuant to this section do not constitute taxable income to the program participant. Each payment shall be made directly to the financial institution that services the program participant s student loan. If the program participant holds more than one student loan that is eligible for repayment under this section, payment shall be made toward the program participant s student loan that has the highest current interest rate. (7)   If funds appropriated are insufficient to provide maximum payment for all program participants  student loans, the department shall reduce payments for all program participants by a proportional amount for the year for which funds appropriated are insufficient. (8)   The Department of Education may adopt rules necessary to administer the program. (9)   The Assistant State Attorney and Assistant Public Defender Student Loan Repayment Program may be funded annually,contingent upon a specific appropriation in the General Appropriations Act. Section 2. This act shall take effect July 1, 2021.