reglab/statecodes huggingface dataset:
Florida Administrative Code › 19 - STATE BOARD OF ADMINISTRATION › 19A - Division of Bond Finance › Chapter 19A-6 - SELECTION OF SERVICE PROVIDERS AND UNDERWRITERS › Section 19A-6.002 - Definitions

Current through Reg. 50, No. 138; July 16, 2024
As used in this chapter:
(1) "Applicant pool" means the group of
				service providers or underwriters responding to a solicitation. In addition,
				the term includes any service providers or underwriters which have been
				selected to be placed on a list of service providers or underwriters to be used
				to provide services for the Division, to be considered for the award of a
				Master Equipment Financing Agreement or to underwrite bonds which may be issued
				by the Division.
(2) "Bond Counsel"
				means an attorney or firm of attorneys retained to give a legal opinion that
				the Division is authorized to issue bonds, that the Division has met all legal
				requirements necessary for issuance of bonds, or that interest on bonds will be
				excludable from gross income for federal income tax purposes and, where
				applicable, from state and local taxation.
(3) "Contribution" means:
(a) A gift, subscription, conveyance,
				deposit, loan payment, or distribution of money or anything of value, including
				contributions in kind, having an attributable monetary value in excess of
				$100.00, made directly or indirectly for the purpose of influencing an
				election; or
(b) The payment by any
				person other than a candidate or political committee of compensation in excess
				of $100.00 for the personal services of another person which are rendered to a
				candidate or political committee without charge to the candidate or committee
				for such service.
(c) The term
				contribution does not, however, include (1) the personal services of the
				contributor, or (2) gifts to political committees which are not designated for
				receipt by a candidate for Governor or a Cabinet position in Florida. For
				purposes of this section, a "political committee" shall be defined as provided
				in Section  106.011(1),
				F.S.
Florida Administrative Code › 19 - STATE BOARD OF ADMINISTRATION › 19A - Division of Bond Finance › Chapter 19A-6 - SELECTION OF SERVICE PROVIDERS AND UNDERWRITERS › Section 19A-6.003 - Prohibited Communications; Prohibited Ownership; Prohibited Disclosure or Use of Information

Current through Reg. 50, No. 138; July 16, 2024
To protect the public trust by avoiding even the appearance
				  or perception that favoritism, special dealing or political considerations were
				  involved in Division decisions, it is the policy of the Division to abide by
				  these standards of conduct:
(1) A
				Governing Board member or employee shall not engage in prohibited business
				solicitation communications. A Governing Board member who receives a prohibited
				business solicitation communication shall place on the record at the next
				available Governing Board meeting all written communications received, all
				written responses to such communications, and a memorandum stating the
				substance of all oral communications received and all oral responses made. If
				an employee receives a prohibited business solicitation communication, the
				Director of the Division or the Governing Board member by which the employee is
				employed shall place on the record at the next available Governing Board
				meeting all written communications received, all written responses to such
				communications, and a memorandum stating the substance of all oral
				communications received and all oral responses made. The Governing Board member
				or employee shall advise the service provider or underwriter who makes a
				prohibited business solicitation communication that the prohibited business
				solicitation communication will be made a part of the record at the next
				available Governing Board meeting.
(2) No Division employee may maintain a
				direct ownership interest in any bonds issued by the Division or any
				certificates of participation issued in connection with the award of a Master
				Equipment Financing Agreement. For purposes of this section "direct ownership
				interest" means the purchase of bonds or certificates of participation through
				the direct exercise of the decision to purchase the individual bonds or
				certificates of participation by the Division employee and shall not include
				the ownership of bonds or certificates of participation through a fund or other
				collective ownership method where the actual decision to purchase the
				individual bonds or certificates of participation was not made by the Division
				employee.
(3) No Division employee
				shall disclose or use financing or refinancing information not available to
				members of the general public and gained by reason of his or her official
				position for personal gain or benefit or for the personal gain or benefit of
				any other person or business entity.
Rulemaking Authority
					 215.62(5),
					 287.064(8) FS.
					 Law Implemented 112.313(8),
					 215.62(5),
					 215.64(5),
					 215.68(5),
					 287.064
					 FS.
New 12-3-91, Formerly 13K-6.003, Amended
					 5-25-95.
Florida Administrative Code › 19 - STATE BOARD OF ADMINISTRATION › 19A - Division of Bond Finance › Chapter 19A-6 - SELECTION OF SERVICE PROVIDERS AND UNDERWRITERS › Section 19A-6.004 - Prohibited Activities of Service Providers and Underwriters

Current through Reg. 50, No. 138; July 16, 2024
In order to avoid even the appearance or perception that
				  favoritism, special dealing or political considerations were involved in
				  decisions relating to the selection of service providers or underwriters, the
				  Governing Board will not consider for selection or continue to retain service
				  providers and underwriters unless they certify prior to selection, and at any
				  time at the request of the Division, that they are in compliance and will
				  remain in compliance with the following standards of conduct. If a service
				  provider or underwriter is unable to certify compliance as provided herein and
				  the reason for such inability is minor in nature and within the general intent
				  of this rule, the service provider or underwriter may explain in writing the
				  reasons which make certification of compliance impossible and any reasons which
				  would justify its continuing qualification pursuant to subsection (2).
(1) The service provider or underwriter must
				certify that they have not and will not:
(a)
				Make contributions to or participate in the management of fund raising for or
				on behalf of any candidate for Governor or for a Cabinet position in Florida:
1. During the period beginning on the later
				of (i) the date of the general election at which the Governor and members of
				the Cabinet were regularly elected preceding the most recent general election
				at which the Governor and members of the Cabinet were regularly elected prior
				to the deadline established for responses to a solicitation, or (ii) the
				effective date of this rule, and ending on the deadline established for
				responses to the solicitation; and
2. While the service provider or underwriter
				is included in an applicant pool; and
3. After the service provider or underwriter
				has been selected as a service provider or underwriter by the Division and such
				selection has not been revoked or otherwise become inoperative; and
4. For a period ending 2 years after the end
				of any time period described in paragraph 3. or at the next general election
				after the end of any time period described in subparagraph 3., whichever occurs
				last; and
Florida Administrative Code › 19 - STATE BOARD OF ADMINISTRATION › 19A - Division of Bond Finance › Chapter 19A-6 - SELECTION OF SERVICE PROVIDERS AND UNDERWRITERS › Section 19A-6.005 - Service Providers and Underwriters; Formal Selection Process

Current through Reg. 50, No. 138; July 16, 2024
(1) No service provider or underwriter shall
				be selected by the Governing Board except pursuant to a solicitation document,
				a review of the responses to the solicitation document by a selection
				committee, and a report to the Governing Board by the selection committee,
				except upon the unanimous vote of the Governing Board members present at a
				meeting of the Governing Board providing that an exception is required because
				delay would cause substantial harm to the State.
(2) Each solicitation document for a service
				provider or underwriter shall include, but shall not be limited to, the
				following applicable provisions:
(a) Each
				service provider or underwriter shall provide information on the outcome of any
				litigation or administrative proceeding, during the two years prior to the date
				of the solicitation document, adverse to the service provider or underwriter in
				any matter related to the professional activities of the service provider or
				underwriter;
(b) Each underwriter
				shall certify that their selection would not violate Section
				 215.684, F.S., which prohibits
				the state from selecting certain underwriters;
(c) Each underwriter shall provide an
				estimate of the amounts for each component of the gross underwriting
				spread;
(d) Contain a statement
				that the Governing Board retains the discretion to decide not to sell the bonds
				to the selected underwriter or to terminate the selection of the underwriter
				without cause and without penalty and that the selection of an underwriter does
				not assure that the bonds will ultimately be sold to the underwriter;
(e) Provide that the Division reserves the
				right to conduct any investigation of the qualifications of any service
				provider or underwriter that it deems appropriate;
(f) Provide that the Division reserves the
				right to negotiate modifications to any of the items proposed in the responses
				to the solicitation, request additional information from any service provider
				or underwriter, reject any or all responses, or waive any irregularities in the
				responses;
(g) Provide that the
				Division may consider a response which does not include all requested
				information as non-responsive and may reject such response;
(h) Inform the service providers or
				underwriters that any information submitted in response to the solicitation
				document is considered a public record pursuant to Chapter 119, F.S., and is
				available for public inspection.
Florida Administrative Code › 19 - STATE BOARD OF ADMINISTRATION › 19A - Division of Bond Finance › Chapter 19A-6 - SELECTION OF SERVICE PROVIDERS AND UNDERWRITERS › Section 19A-6.006 - Declaratory Statements

Current through Reg. 50, No. 138; July 16, 2024
If a service provider or underwriter is in doubt as to
				  whether its activities, or the activities of its principals, agents or
				  employees violate the provisions of this Rule, it may request a declaratory
				  statement in accordance with Chapter 13-5, F.A.C. and Section
				   120.565, F.S.
Rulemaking Authority
					 215.62 FS. Law Implemented
					 215.64(5),
					 215.68(5)
					 FS.
New 12-3-91, Formerly
					 13K-6.006.
Florida Administrative Code › 19 - STATE BOARD OF ADMINISTRATION › 19A - Division of Bond Finance › Chapter 19A-6 - SELECTION OF SERVICE PROVIDERS AND UNDERWRITERS › Section 19A-6.007 - Validity of Bonds, Master Equipment Financing Agreements, and Certificates of Participation

Current through Reg. 50, No. 138; July 16, 2024
No violation of any provision of this chapter shall effect
				  the validity of any Master Equipment Financing Agreement, certificate of
				  participation or bond issue.
Rulemaking Authority
					 215.62(5),
					 287.064(8) FS.
					 Law Implemented 215.64(5),
					 215.68(5),
					 287.064
					 FS.
New 12-3-91, Formerly 13K-6.007, Amended
					 5-25-95.
Florida Administrative Code › 19 - STATE BOARD OF ADMINISTRATION › 19A - Division of Bond Finance › Chapter 19A-7 - ARBITRAGE REBATE COMPLIANCE PROGRAM › Section 19A-7.001 - Purpose

Current through Reg. 50, No. 138; July 16, 2024
To establish general operating policies and procedures for
				  the operation of the Arbitrage Rebate Compliance Program for bonds issued by
				  the Division on behalf of the State, its agencies and Local
				  Governments.
Rulemaking Authority
					 215.64(11),
					 215.835 FS. Law Implemented
					 215.64(11),
					 215.655
					 FS.
New 12-10-91, Formerly
					 13K-7.001.
Florida Administrative Code › 19 - STATE BOARD OF ADMINISTRATION › 19A - Division of Bond Finance › Chapter 19A-7 - ARBITRAGE REBATE COMPLIANCE PROGRAM › Section 19A-7.002 - Definitions

Current through Reg. 50, No. 138; July 16, 2024
As used in this chapter:
(1) "Arbitrage Rebate Compliance Program"
				shall mean the program to assure the continuing compliance of bonds issued by
				the Division on behalf of the State, its agencies and local governments, with
				the provisions of the Code concerning federal arbitrage rebate.
(2) "Code" shall mean the Internal Revenue
				Code of 1986, and the rulings and regulations in effect as of the adoption of
				this rule.
(3) "Comptroller" shall
				mean the Comptroller of the State of Florida and his/her duly designated
				employees.
(4) "Director" shall
				mean the Director of the Division of Bond Finance of the State Board of
				Administration.
(5) "Division"
				shall mean the Division of Bond Finance of the State Board of
				Administration.
(6) "Governing
				Board" shall mean the governing board of the Division composed of the Governor
				and Cabinet of the State of Florida.
(7) "Local Government" shall mean the
				counties and local governmental units of the State for which the Division
				issues bonds.
(8) "Records" shall
				mean the appropriations and cash balance ledgers of the Comptroller, moneymax
				fund ledgers of the Treasurer, records of the investment of bond proceeds of
				the State Board of Administration, State Agency SAMAS records, and trustee
				records for local governments showing the investment of, earnings on or
				disbursement of State bond proceeds, or any similar evidence relating to the
				use of, earnings on or disbursement of State bond proceeds.
(9) "SAMAS" shall mean the State Automated
				Management Accounting Subsystem as created by Section
				 215.93, F.S.
(10) "State" shall mean the State of
				Florida.
(11) "State Agency" shall
				mean any board, department, commission, authority, or other state agency
				heretofore or hereafter created by the constitution or statutes of the
				State.
(12) "State Board of
				Administration" shall mean the State Board of Administration of the
				State.
(13) "Treasurer" shall mean
				the Treasurer of the State of Florida and his/her designated
				employees.
Rulemaking Authority
					 215.64(11),
					 215.835 FS. Law Implemented
					 215.64(11),
					 215.655
					 FS.
New 12-10-91, Formerly
					 13K-7.002.
Florida Administrative Code › 19 - STATE BOARD OF ADMINISTRATION › 19A - Division of Bond Finance › Chapter 19A-7 - ARBITRAGE REBATE COMPLIANCE PROGRAM › Section 19A-7.003 - Additional Information or Records

Current through Reg. 50, No. 138; July 16, 2024
(1)
				Should the Division require information or Records from a State Agency or Local
				Government to complete an arbitrage rebate calculation or for any arbitrage
				compliance purpose, the Division shall notify the State Agency or Local
				Government in writing of the following:
(a)
				The name of the bond issue;
(b) The
				principal amount of the bonds issued;
(c) The dated date and the delivery date of
				the bond issue;
(d) The specific
				information or Records concerning the investment, or disbursement of bond
				proceeds, or interest earnings on the bond proceeds required by the
				Division.
Florida Administrative Code › 19 - STATE BOARD OF ADMINISTRATION › 19A - Division of Bond Finance › Chapter 19A-7 - ARBITRAGE REBATE COMPLIANCE PROGRAM › Section 19A-7.004 - Failure to Comply

Current through Reg. 50, No. 138; July 16, 2024
If a Local Government or a State Agency fails to produce
				  Records or information to the Division pursuant to Rule
				   19A-7.003, F.A.C., the Division
				  shall notify the Governing Board and the State Board of Administration of any
				  failure to comply.
Rulemaking Authority
					 215.64(11),
					 215.835 FS. Law Implemented
					 215.64(11),
					 215.655
					 FS.
New 12-10-91, Formerly
					 13K-7.004.
Florida Administrative Code › 19 - STATE BOARD OF ADMINISTRATION › 19A - Division of Bond Finance › Chapter 19A-7 - ARBITRAGE REBATE COMPLIANCE PROGRAM › Section 19A-7.005 - Rebate Liability

Current through Reg. 50, No. 138; July 16, 2024
(1) The Division
				shall annually calculate the arbitrage rebate liability for each non-housing
				bond issue delivered since August 31, 1986. The State Agency or Local
				Government for which the Division has issued bonds shall be notified within ten
				(10) calendar days of the calculation of a rebate liability for each issue of
				bonds outstanding.
(2) Each State
				Agency or Local Government for which the Division has issued bonds is
				responsible for the source of funds to secure the payment of any arbitrage
				rebate liability on an issue of bonds. The State Agency or Local Government
				shall forward to the Division a check payable to the Internal Revenue Service
				within forty-five (45) calendar days of notification of rebate liability by the
				Division or wire transfer of sufficient funds every five years to satisfy the
				arbitrage rebate liability owing to the Internal Revenue Service, as calculated
				by the Division. If the Division agrees in writing prior to the payment of any
				arbitrage rebate liability, the State Agency or Local Government may pay the
				arbitrage liability directly to the Internal Revenue Service. A copy of the
				Form 8038-T and the rebate check shall be verified against the rebate
				calculations by the Division prior to sending the Form 8038-T and check to the
				Internal Revenue Service.
Rulemaking Authority
					 215.64(11),
					 215.835 FS. Law Implemented
					 215.64(11),
					 215.655
					 FS.
New 12-10-91, Formerly
					 13K-7.005.
Florida Administrative Code › 19 - STATE BOARD OF ADMINISTRATION › 19A - Division of Bond Finance › Chapter 19A-7 - ARBITRAGE REBATE COMPLIANCE PROGRAM › Section 19A-7.006 - Arbitrage Compliance Fee

Current through Reg. 50, No. 138; July 16, 2024
(1) The
				Division shall collect a one time arbitrage compliance set up fee for each new
				issue of bonds issued by the Division. The amount of the set up fee shall be
				set by resolution of the Governing Board, and shall be paid from bond proceeds
				at the closing of the bonds. The set up fee shall be deposited into the
				Arbitrage Compliance Trust Fund created by Section
				 215.655, F.S., to be used for
				the purposes set forth therein.
(2)
				The Division shall collect, or cause to be collected, an annual fee as set by
				resolution of the Governing Board for each outstanding bond issue subject to
				arbitrage compliance. The annual fee may be paid from revenues in the flow of
				funds of a particular bond issue provided the bond documents provide for this
				method of fee payment. The Division shall annually send or cause an invoice to
				be sent to each State Agency and Local Government for the amount of the annual
				Arbitrage Compliance Fee for the bonds issued on behalf of the State Agency or
				Local Government. The invoice shall include the following:
(a) The name of each bond issue
				outstanding;
(b) The amount of the
				bonds originally issued;
(c) The
				amount of bonds remaining outstanding;
(d) The amount of fee calculated per each
				outstanding issue of bonds;
(e) The
				total amount of the annual arbitrage compliance fee owed by the State Agency or
				Local Government.
Florida Administrative Code › 19 - STATE BOARD OF ADMINISTRATION › 19A - Division of Bond Finance › Chapter 19A-7 - ARBITRAGE REBATE COMPLIANCE PROGRAM › Section 19A-7.007 - Reliance on Outside Calculations

Current through Reg. 50, No. 138; July 16, 2024
If a State Agency or Local Government has retained an
				  independent trustee or certified public accounting firm to perform arbitrage
				  rebate calculations and prepare reports of arbitrage rebate liability on bonds
				  issued by the Division or on behalf of an issuer agency, or if the bond
				  documents provide that a developer is responsible for arbitrage calculations
				  for a multi-family housing bond issue, the Division may rely on those arbitrage
				  rebate calculations and reports of arbitrage rebate liability in maintaining
				  the arbitrage rebate compliance for those State bond issues.
Rulemaking Authority
					 215.64(11),
					 215.835 FS. Law Implemented
					 215.64(11),
					 215.655
					 FS.
New 12-10-91, Formerly
					 13K-7.007.
Florida Administrative Code › 19 - STATE BOARD OF ADMINISTRATION › 19B - Florida Prepaid College Board › Chapter 19B-4 - ADVANCE PAYMENT CONTRACT APPLICATION AND PAYMENTS › Section 19B-4.001 - Application

Current through Reg. 50, No. 138; July 16, 2024
(1) Rule Chapters 19B-4 through 19B-11,
				F.A.C., apply to advance payment contracts for the prepayment of the
				Registration Fee, Local Fees, Tuition Differential Fees and/or Dormitory Fees
				under the Stanley G. Tate Florida Prepaid College Program. See the Master
				Contract, which is incorporated by reference in subsection (2), for defined
				terms.
(2) The Florida Prepaid
				College Plan Master Contract, Form No. FPCB 2021-01,
http://www.flrules.org/Gateway/reference.asp?No=Ref-13896
,
				effective January 2021, is hereby incorporated by reference.
(3) The Board may only require that
				applicants provide the following information to enroll in the Program:
(a) For the Account Owner, Survivor, Parent
				and Beneficiary:
1. Full legal name and
				salutation;
2. Social Security
				Number;
3. Date of birth;
4. Full mailing address;
5. Two telephone numbers;
6. Two email addresses.
Florida Administrative Code › 19 - STATE BOARD OF ADMINISTRATION › 19B - Florida Prepaid College Board › Chapter 19B-4 - ADVANCE PAYMENT CONTRACT APPLICATION AND PAYMENTS › Section 19B-4.002 - Contract Prices

Current through Reg. 50, No. 138; July 16, 2024
(1) The Board will
				approve Plan prices for each Open Enrollment Period. The value of the projected
				fees for the Florida College System or the State University System will be
				based primarily on Florida law and empirical data for national and Florida
				postsecondary tuition, required fees, and housing costs. Plan prices and the
				interest rate for installment payment plans for the current Open Enrollment
				Period will be published on the Board's website (
www.MyFloridaPrepaid.com
).
(2) The Plan prices associated with
				Applications submitted to the Board during the Open Enrollment Period shall be
				the Plan prices applicable to advance payment contracts for the Open Enrollment
				Period. The Plan prices associated with Applications received by the Board
				outside the Open Enrollment Period, except for those purchased through the
				Board's direct support organization, The Florida Prepaid College Foundation,
				Inc., for Purchasers participating in employer participation programs or by
				Purchasers pursuant to a court order, shall be the Plan prices applicable to
				advance payment contracts for the next succeeding Open Enrollment
				Period.
Rulemaking Authority
					 1009.971(1), (4),
					 (6) FS. Law Implemented
					 1009.98(2)
					 FS.
New 3-29-89, Amended 2-6-90, 3-19-92, Formerly 4G-4.002,
					 Amended 5-31-95, 2-18-99, 2-8-00, 12-28-03, 12-28-04, 12-20-05, 12-17-07,
					 11-30-09, 10-18-10, 10-7-13, 8-24-14,
					 12-14-20.
Florida Administrative Code › 19 - STATE BOARD OF ADMINISTRATION › 19B - Florida Prepaid College Board › Chapter 19B-4 - ADVANCE PAYMENT CONTRACT APPLICATION AND PAYMENTS › Section 19B-4.003 - Payment Options (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 1009.971(1), (4),
					 (6) FS. Law Implemented
					 1009.975,
					 1009.98(4)
					 FS.
New 3-29-89, Amended 2-6-90, 3-19-92, Formerly 4G-4.003,
					 Amended 6-20-96, 6-6-99, 11-27-02, 12-28-03, Repealed
					 8-24-14.
Florida Administrative Code › 19 - STATE BOARD OF ADMINISTRATION › 19B - Florida Prepaid College Board › Chapter 19B-4 - ADVANCE PAYMENT CONTRACT APPLICATION AND PAYMENTS › Section 19B-4.004 - Default (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 1009.971(1), (4),
					 (6) FS. Law Implemented
					 1009.98(4)
					 FS.
New 3-29-89, Amended 2-6-90, 3-19-92, Formerly 4G-4.004,
					 Repealed 8-24-14.
Florida Administrative Code › 19 - STATE BOARD OF ADMINISTRATION › 19B - Florida Prepaid College Board › Chapter 19B-4 - ADVANCE PAYMENT CONTRACT APPLICATION AND PAYMENTS › Section 19B-4.005 - Maximum Account Balance Limit (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 1009.971(1), (4),
					 (6) FS. Law Implemented
					 1009.98,
					 1009.981
					 FS.
New 11-27-02, Amended 12-28-03, 7-13-06, 12-17-07, 7-9-08,
					 10-18-10, 11-5-12, 10-7-13, Repealed
					 12-14-20.
Florida Administrative Code › 19 - STATE BOARD OF ADMINISTRATION › 19B - Florida Prepaid College Board › Chapter 19B-5 - ADVANCE PAYMENT CONTRACT BENEFITS › Section 19B-5.001 - Plan Types (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 1009.971(1), (4),
					 (6) FS. Law Implemented
					 1009.98(2),
					 (10)
					 FS.
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, 10-18-10, 2-24-13, Repealed
					 8-24-14.
Florida Administrative Code › 19 - STATE BOARD OF ADMINISTRATION › 19B - Florida Prepaid College Board › Chapter 19B-5 - ADVANCE PAYMENT CONTRACT BENEFITS › Section 19B-5.002 - Contract Benefits (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 1009.971(1), (4),
					 (6) FS. Law Implemented
					 1009.98
					 FS.
New 3-29-89, Amended 2-6-90, 3-19-92, Formerly 4G-5.002,
					 Amended 5-31-95, 6-20-96, 2-18-99, 1-1-07, 12-17-07, 11-30-09, 10-18-10,
					 10-7-13, Repealed 8-24-14.
Florida Administrative Code › 19 - STATE BOARD OF ADMINISTRATION › 19B - Florida Prepaid College Board › Chapter 19B-5 - ADVANCE PAYMENT CONTRACT BENEFITS › Section 19B-5.003 - Contract Requirements (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 1009.971(1), (4),
					 (6) FS. Law Implemented
					 1009.98(4)
					 FS.
New 3-29-89, Amended 2-6-90, 3-19-92, Formerly 4G-5.003,
					 Amended 5-31-95, 6-20-96, 2-18-99, 6-6-99, 11-6-01, 8-27-02, 12-17-07, 1-28-09,
					 10-18-10, 10-7-13, 8-24-14, Repealed
					 12-14-20.
Florida Administrative Code › 19 - STATE BOARD OF ADMINISTRATION › 19B - Florida Prepaid College Board › Chapter 19B-5 - ADVANCE PAYMENT CONTRACT BENEFITS › Section 19B-5.004 - Contract Purchasers (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 1009.971(1), (4),
					 (6) FS. Law Implemented
					 1009.98
					 FS.
New 3-29-89, Amended 3-19-92, Formerly 4G-5.004, Amended
					 12-5-93, 6-20-96, 7-28-98, 11-27-02, 1-28-09, 10-18-10, 10-7-13, Repealed
					 8-24-14.
Florida Administrative Code › 19 - STATE BOARD OF ADMINISTRATION › 19B - Florida Prepaid College Board › Chapter 19B-5 - ADVANCE PAYMENT CONTRACT BENEFITS › Section 19B-5.005 - Contract Exclusions (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 1009.971(1), (4),
					 (6) FS. Law Implemented
					 1009.98
					 FS.
New 3-29-89, Formerly 4G-5.005, Amended 6-20-96, 1-3-01,
					 Repealed 8-24-14.
Florida Administrative Code › 19 - STATE BOARD OF ADMINISTRATION › 19B - Florida Prepaid College Board › Chapter 19B-5 - ADVANCE PAYMENT CONTRACT BENEFITS › Section 19B-5.006 - Limitations on Plan Option Changes (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 1009.971(1), (4),
					 (6) FS. Law Implemented
					 1009.98(4)
					 FS.
New 2-6-90, Formerly 4G-5.006, Amended 6-20-96, 3-20-97,
					 2-18-99, 12-17-07, 10-18-10, Repealed
					 8-24-14.
Florida Administrative Code › 19 - STATE BOARD OF ADMINISTRATION › 19B - Florida Prepaid College Board › Chapter 19B-5 - ADVANCE PAYMENT CONTRACT BENEFITS › Section 19B-5.007 - Scholarship Programs Operated by Non Profit Organizations (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 1009.971(1), (4),
					 (6) FS. Law Implemented
					 1009.98(9)
					 FS.
New 10-9-01, Repealed
					 12-14-20.
Florida Administrative Code › 19 - STATE BOARD OF ADMINISTRATION › 19B - Florida Prepaid College Board › Chapter 19B-5 - ADVANCE PAYMENT CONTRACT BENEFITS › Section 19B-5.008 - Contract Requirements

Current through Reg. 50, No. 138; July 16, 2024
(1)
				Notwithstanding the requirement to specify a Beneficiary at the time of
				purchase pursuant to the Master Contract, which is incorporated by reference in
				subsection  19B-4.001(2),
				F.A.C., the board's direct support organization and organizations operating
				scholarship programs pursuant to Rule
				 19B-5.007, F.A.C., shall be
				permitted to leave the qualified beneficiary's name blank until April 1 of the
				anticipated enrollment year.
(2)
				The Account Owner or Beneficiary may submit a written request for an extension
				to the Board within one year of the benefit period expiring; however the Board
				does not guarantee approval of an extension request. Factors the Board
				considers for granting an extension of benefits for up to two years are time
				spent by the Beneficiary as an active duty member of the U.S. Armed Services,
				prior extensions, prior Beneficiary changes, recent plan usage, available
				alternatives, and financial and medical hardships. Any time spent by the
				qualified beneficiary in the military service tolls the time for receiving
				contract benefits under all plans. The matriculation date is the projected
				college enrollment year of the qualified beneficiary, based on the information
				about the qualified beneficiary's age or grade contained in the purchaser's
				application, or similar information received subsequently by the Board from the
				purchaser.
Rulemaking Authority
					 1009.971(1), (4),
					 (6) FS. Law Implemented
					 1009.98(4)
					 FS.
New 12-28-21.
Florida Administrative Code › 19 - STATE BOARD OF ADMINISTRATION › 19B - Florida Prepaid College Board › Chapter 19B-6 - FEE SCHEDULE › Section 19B-6.001 - Fee Schedule

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 1009.971(1), (4),
					 (6) FS. Law Implemented
					 1009.971(4),
					 1009.98
					 FS.
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, 12-17-07, 10-18-10, 11-5-12, Repealed
					 10-7-13.
Florida Administrative Code › 19 - STATE BOARD OF ADMINISTRATION › 19B - Florida Prepaid College Board › Chapter 19B-7 - ELIGIBILITY › Section 19B-7.001 - Beneficiary Defined (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 1009.971(1), (4),
					 (6) FS. Law Implemented
					 1009.971,
					 1009.98
					 FS.
New 3-29-89, Amended 2-6-90, Formerly 4G-7.001, Amended
					 11-27-02, 1-1-07, Repealed 8-24-14.
Florida Administrative Code › 19 - STATE BOARD OF ADMINISTRATION › 19B - Florida Prepaid College Board › Chapter 19B-7 - ELIGIBILITY › Section 19B-7.002 - Residency (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 1009.971(1), (4),
					 (6) FS. Law Implemented
					 1009.97(3)(f),
					 1009.971,
					 1009.98
					 FS.
New 3-29-89, Formerly 4G-7.002, Repealed
					 8-24-14.
Florida Administrative Code › 19 - STATE BOARD OF ADMINISTRATION › 19B - Florida Prepaid College Board › Chapter 19B-7 - ELIGIBILITY › Section 19B-7.003 - Evidence of Residency (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 1009.971(1), (4),
					 (6) FS. Law Implemented
					 1009.97(3)(f),
					 1009.971,
					 1009.98
					 FS.
New 3-29-89, Formerly 4G-7.003, Amended 6-20-96, Repealed
					 8-24-14.
Florida Administrative Code › 19 - STATE BOARD OF ADMINISTRATION › 19B - Florida Prepaid College Board › Chapter 19B-8 - SUBSTITUTION OF BENEFICIARY › Section 19B-8.001 - Qualified Individuals (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 1009.971(1), (4),
					 (6) FS. Law Implemented
					 1009.98(4)
					 FS.
New 3-29-89, Formerly 4G-8.001, Amended 12-5-93, 6-20-96,
					 8-18-97, 12-16-97, 3-24-99, 2-8-00, 10-9-01, 12-28-03, 3-15-06, 1-28-09,
					 Repealed 8-24-14.
Florida Administrative Code › 19 - STATE BOARD OF ADMINISTRATION › 19B - Florida Prepaid College Board › Chapter 19B-8 - SUBSTITUTION OF BENEFICIARY › Section 19B-8.002 - Age Limitations (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 1009.971(1), (4),
					 (6) FS. Law Implemented
					 1009.971,
					 1009.98
					 FS.
New 3-29-89, Formerly 4G-8.002, Amended 6-20-96, 3-18-12,
					 Repealed 10-7-13.
Florida Administrative Code › 19 - STATE BOARD OF ADMINISTRATION › 19B - Florida Prepaid College Board › Chapter 19B-8 - SUBSTITUTION OF BENEFICIARY › Section 19B-8.003 - Fee. (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Specific Authority
					 240.551(5) FS.
					 Law Implemented 240.551
					 FS.
New 3-29-89, Formerly 4G-8.003, Repealed
					 6-20-96.
Florida Administrative Code › 19 - STATE BOARD OF ADMINISTRATION › 19B - Florida Prepaid College Board › Chapter 19B-8 - SUBSTITUTION OF BENEFICIARY › Section 19B-8.004 - Scholarship Programs (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 1009.971(1), (4),
					 (6) FS. Law Implemented
					 1009.98
					 FS.
New 1-1-07, Repealed
					 12-14-20.
Florida Administrative Code › 19 - STATE BOARD OF ADMINISTRATION › 19B - Florida Prepaid College Board › Chapter 19B-9 - TRANSFERABILITY › Section 19B-9.001 - Flexibility (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 1009.971(1), (4),
					 (6) FS. Law Implemented
					 1009.971,
					 1009.98(3)
					 FS.
New 3-29-89, Amended 3-19-92, Formerly 4G-9.001, Amended
					 6-20-96, 8-18-97, 12-17-07, 10-18-10, Repealed
					 8-24-14.
Florida Administrative Code › 19 - STATE BOARD OF ADMINISTRATION › 19B - Florida Prepaid College Board › Chapter 19B-9 - TRANSFERABILITY › Section 19B-9.002 - Use of Benefits at In-State Private Colleges or Universities, Out-of-State Colleges and Universities and Vocational-Technical Schools (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 1009.971(1), (4),
					 (6) FS. Law Implemented
					 1009.98
					 FS.
New 3-29-89, Formerly 4G-9.002, Amended 2-6-90, 12-5-93,
					 6-20-96, 10-20-96, 2-18-99, 10-9-01, 12-17-07, 11-30-09, 10-18-10, Repealed
					 8-24-14.
Florida Administrative Code › 19 - STATE BOARD OF ADMINISTRATION › 19B - Florida Prepaid College Board › Chapter 19B-9 - TRANSFERABILITY › Section 19B-9.003 - Transfer to Out-of-State Schools (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 1009.971(1), (4),
					 (6) FS. Law Implemented
					 1009.98(3)
					 FS.
New 3-29-89, Formerly 4G-9.003, Amended 12-5-93, 6-20-96,
					 2-18-99, 1-3-01, 10-9-01, 12-17-07, Repealed
					 11-30-09.
Florida Administrative Code › 19 - STATE BOARD OF ADMINISTRATION › 19B - Florida Prepaid College Board › Chapter 19B-9 - TRANSFERABILITY › Section 19B-9.004 - Dormitory Transfer to Florida Colleges and State University-Held Residences Other than Dormitories (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 1009.971(1), (4),
					 (6) FS. Law Implemented
					 1009.98(3),
					 (10)
					 FS.
New 10-20-96, Amended 1-28-09, 11-30-09, 10-18-10, 10-7-13,
					 Repealed 8-24-14.
Florida Administrative Code › 19 - STATE BOARD OF ADMINISTRATION › 19B - Florida Prepaid College Board › Chapter 19B-9 - TRANSFERABILITY › Section 19B-9.005 - Transfer to In-State Vocational-Technical Schools (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 1009.971(1), (4),
					 (6) FS. Law Implemented
					 1009.98(3)
					 FS.
New 1-3-01, Amended 12-17-07, Repealed
					 11-30-09.
Florida Administrative Code › 19 - STATE BOARD OF ADMINISTRATION › 19B - Florida Prepaid College Board › Chapter 19B-10 - TERMINATION › Section 19B-10.001 - Involuntary Termination (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 1009.971 (1), (4), (6) Law
					 Implemented 1009.971,
					 1009.98(4)
					 FS.
New 3-29-89, Formerly 4G-10.001, Amended 6-20-96, Repealed
					 8-24-14.
Florida Administrative Code › 19 - STATE BOARD OF ADMINISTRATION › 19B - Florida Prepaid College Board › Chapter 19B-10 - TERMINATION › Section 19B-10.002 - Voluntary Termination (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 1009.971 (1), (4), (6) Law
					 Implemented 1009.971,
					 1009.98(4)
					 FS.
New 3-29-89, Formerly 4G-10.002, Amended 6-20-96, 7-28-98,
					 1-28-09, Repealed 8-24-14.
Florida Administrative Code › 19 - STATE BOARD OF ADMINISTRATION › 19B - Florida Prepaid College Board › Chapter 19B-11 - REFUND › Section 19B-11.001 - General (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 1009.971(1), (4),
					 (6) FS. Law Implemented
					 1009.971,
					 1009.98(5),
					 (10)
					 FS.
New 3-29-89, Amended 2-6-90, 3-19-92, Formerly 4G-11.001,
					 Amended 8-18-97, 11-6-01, 12-17-07, 1-28-09, 11-30-09, 10-18-10, Repealed
					 8-24-14.
Florida Administrative Code › 19 - STATE BOARD OF ADMINISTRATION › 19B - Florida Prepaid College Board › Chapter 19B-11 - REFUND › Section 19B-11.002 - Conversion of a Plan to Another Plan of Lesser Value (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 1009.971(1), (4),
					 (6) FS. Law Implemented
					 1009.98(5)
					 FS.
New 3-29-89, Amended 2-6-90, 3-19-92, Formerly 4G-11.002,
					 Amended 8-18-97, Repealed 8-24-14.
Florida Administrative Code › 19 - STATE BOARD OF ADMINISTRATION › 19B - Florida Prepaid College Board › Chapter 19B-11 - REFUND › Section 19B-11.003 - Conversion/Refund Requests (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 1009.971(1), (4),
					 (6) FS. Law Implemented
					 1009.98(5)
					 FS.
New 3-29-89, Amended 3-19-92, Formerly 4G-11.003, Repealed
					 8-24-14.
Florida Administrative Code › 19 - STATE BOARD OF ADMINISTRATION › 19B - Florida Prepaid College Board › Chapter 19B-11 - REFUND › Section 19B-11.004 - Dormitory Refund (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 1009.971(1), (4),
					 (6) FS. Law Implemented
					 1009.971,
					 1009.98(5)
					 FS.
New 3-29-89, Amended 2-6-90, Formerly 4G-11.004, Amended
					 5-31-95, 2-18-99, 10-18-10, Repealed
					 8-24-14.
Florida Administrative Code › 19 - STATE BOARD OF ADMINISTRATION › 19B - Florida Prepaid College Board › Chapter 19B-11 - REFUND › Section 19B-11.005 - Other Refunds (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 1009.971(1), (4),
					 (6) FS. Law Implemented
					 1009.971,
					 1009.98(5)
					 FS.
New 3-29-89, Amended 2-6-90, 3-19-92, Formerly 4G-11.005,
					 Amended 1-28-09, 10-18-10, Repealed
					 8-24-14.
Florida Administrative Code › 19 - STATE BOARD OF ADMINISTRATION › 19B - Florida Prepaid College Board › Chapter 19B-11 - REFUND › Section 19B-11.006 - Hold Harmless (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 1009.971(1), (4),
					 (6) FS. Law Implemented
					 1009.98
					 FS.
New 6-20-96, Repealed
					 8-24-14.
Florida Administrative Code › 19 - STATE BOARD OF ADMINISTRATION › 19B - Florida Prepaid College Board › Chapter 19B-11 - REFUND › Section 19B-11.007 - Unclaimed Refunds (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 1009.971(1), (4),
					 (6) FS. Law Implemented
					 1009.971,
					 1009.972(5),
					 1009.98(5)
					 FS.
New 6-20-96, Amended 12-29-98, 4-15-04, 1-28-09, 10-18-10,
					 Repealed 12-14-20.
Florida Administrative Code › 19 - STATE BOARD OF ADMINISTRATION › 19B - Florida Prepaid College Board › Chapter 19B-12 - GRIEVANCE PETITIONS › Section 19B-12.001 - Special Petition

Current through Reg. 50, No. 138; July 16, 2024
(1) Any person who
				desires to petition the Board for relief from the procedures and policies
				within Chapters 19B-4 through 11, 19B-16 and 19B-18, F.A.C., may do so by
				filing a petition with the Executive Director of the Board or by filing a
				petition for a waiver or variance of a Board rule pursuant to Section
				 120.542, F.S.
(2) The petition shall contain the name and
				address of the person requesting relief; the specific nature of the relief
				requested; the name and address of any purchaser, benefactor, designated
				beneficiary or beneficiary on any disputed contract (if applicable); the
				prepaid college contract or participation agreement account numbers of the
				contract in question; the rule or policy from which the petitioner is
				requesting relief; the date of request; and the signature of the
				petitioner.
(3) The chairman has
				the authority to respond on behalf of the Board. The response must be in
				writing and must be made within 45 days of receipt of the petition from the
				person requesting relief.
Rulemaking Authority
					 1009.971(1), (4),
					 (6) FS. Law Implemented
					 120.542,
					 1009.98,
					 1009.981
					 FS.
New 2-6-90, Formerly 4G-12.001, Amended 6-20-96, 12-16-97,
					 5-30-02, 12-14-20.
Florida Administrative Code › 19 - STATE BOARD OF ADMINISTRATION › 19B - Florida Prepaid College Board › Chapter 19B-12 - GRIEVANCE PETITIONS › Section 19B-12.002 - Point of Entry

Current through Reg. 50, No. 138; July 16, 2024
Any person whose interests are substantially affected by a
				  response to a special petition filed pursuant to Rule
				   19B-12.001, F.A.C., may seek
				  relief pursuant to Section
				   120.569, F.S., or may seek a
				  waiver or variance pursuant to Section
				   120.542, F.S. and Rule 28-104,
				  F.A.C.
Rulemaking Authority
					 1009.971(1), (4),
					 (6) FS. Law Implemented
					 120.542,
					 120.569,
					 1009.98,
					 1009.981
					 FS.
New 2-6-90, Formerly 4G-12.002, Amended
					 12-16-97.
Florida Administrative Code › 19 - STATE BOARD OF ADMINISTRATION › 19B - Florida Prepaid College Board › Chapter 19B-12 - GRIEVANCE PETITIONS › Section 19B-12.003 - Financial Hardship (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 1009.971(1), (4),
					 (6) FS. Law Implemented
					 1009.98
					 FS.
New 5-17-92, Formerly 4G-12.003, Amended 6-20-96, 3-18-12,
					 Repealed 12-14-20.
Florida Administrative Code › 19 - STATE BOARD OF ADMINISTRATION › 19B - Florida Prepaid College Board › Chapter 19B-13 - FLORIDA PREPAID TUITION SCHOLARSHIP PROGRAM › Section 19B-13.001 - Tuition Scholarships (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 1009.971(1), (4),
					 (6) FS. Law Implemented
					 1009.984
					 FS.
New 5-17-92, Formerly 4G-13.001, Repealed
					 12-14-20.
Florida Administrative Code › 19 - STATE BOARD OF ADMINISTRATION › 19B - Florida Prepaid College Board › Chapter 19B-14 - CONTRACT DISPUTE RESOLUTION › Section 19B-14.001 - Scope

Current through Reg. 50, No. 138; July 16, 2024
These rules shall apply to the resolution of all claims,
				  disputes or controversies related to or arising from contracts, including any
				  extensions of contracts, entered by the Florida Prepaid College Board on or
				  after the effective date of these rules. These rules shall constitute the sole
				  procedure for the resolution of all claims under all such contracts. These
				  rules do not apply to advance payment contracts for the prepayment of
				  Registration Fees, Local Fees, the Tuition Differential Fee and dormitory
				  fees.
Rulemaking Authority
					 1009.971(1), (4),
					 (6) FS. Law Implemented
					 1009.971
					 FS.
New 6-20-96, Amended
					 10-18-10.
Florida Administrative Code › 19 - STATE BOARD OF ADMINISTRATION › 19B - Florida Prepaid College Board › Chapter 19B-14 - CONTRACT DISPUTE RESOLUTION › Section 19B-14.002 - Initiating Proceedings Related to Contracts with the Board

Current through Reg. 50, No. 138; July 16, 2024
(1) Any person or firm that has entered into
				a contract with the Board and has been adversely affected by a decision of the
				Board or its employees concerning such contract shall file a written petition
				to contest the decision with the Board within 21 days of the date of the
				receipt by such person or firm of the decision. The notice of the decision
				shall be provided in writing to the person or firm by the Executive Director.
				The date of receipt of the notice shall be either the date on which the notice
				is received by the person or firm if the notice is sent by registered mail or
				by other means of delivery which results in a receipt for delivery or the date
				of the decision plus five days if the notice is sent by regular mail. Any
				person or firm who receives such written notice of the decision and who fails
				to request a hearing within twenty-one days, shall have waived his right
				subsequently to request a hearing on such matters.
(2) The petition shall include the following:
(a) The name and business address of the
				person or firm which claims to be adversely affected by a decision of the Board
				or its employees;
(b) A concise
				statement of the ultimate facts upon which the claim arose;
(c) The date and subject of the contract
				under which the claim arose;
(d) A
				statement of all disputed issues of material fact upon which the claim is based
				or, if there are none, the petition shall so indicate;
(e) A concise statement which explains how
				the substantial interests of the person or firm are affected by the decision of
				the Board or the Board's employees;
(f) A concise statement of the provisions of
				the contract together with any federal, state and local laws, ordinances or
				code requirements or customary practices and usages in the industry asserted to
				be applicable to the questions presented by the claim;
(g) The demand for relief sought by the
				claimant;
(h) The date of the
				occurrence of the event or events which gave rise to the claim and the date and
				manner of the Contractor's compliance with the contract; and
(i) Any other material information the person
				or firm contends is material to its claim.