Florida Prepaid College Plans

(1) Rule Chapters 19B-4 through 19B-13 and 19B-15, F.A.C., apply to advance payment contracts for the prepayment of postsecondary registration, local fees, tuition differential fees and/or dormitory residency fees under the Stanley G. Tate Florida Prepaid College Program, the "Program." The application period shall commence and terminate on dates set annually by the Board and published in the Florida Administrative Weekly. Applications for advance payment contracts 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 will be accepted by the Board at any time. Other applications for advance payment contracts submitted to the Board outside the annual application period will be processed for data collection and administrative purposes, but will not be accepted by the Board until the beginning of the next succeeding annual application period. The contract prices associated with applications submitted to the Board outside the annual application 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 contract prices applicable to advance payment contracts for the next succeeding annual application period. After acceptance by the Board of the purchaser's application, a participation and payment schedule shall be mailed to the purchaser. The advance payment contract shall be comprised of the application, master covenant, and participation and payment schedule.

(2) The Florida Prepaid College Plan and Florida College Investment Plan New Account Application, Form No. FPCB 2009-10a, is hereby incorporated by reference and may be obtained from the Board by calling (800)552-GRAD (4723) (prompt 1). The Florida Prepaid College Plan Master Covenant, Form No. FPCB 2009-02a, is hereby incorporated by reference and may be obtained from the Board by calling (800)552-GRAD (4723) (prompt 1).

Rulemaking Authority 1009.971(1), (4), (6) FS. Law Implemented 1009.98 FS. History-New 3-29-89, Amended 2-6-90, 3-19-92, Formerly 4G-4.001, Amended 12-5-93, 5-31-95, 6-20-96, 10-20-96, 12-16-97, 2-18-99, 6-6-99, 2-8-00, 5-21-00, 1-3-01, 10-9-01, 11-27-02, 10-1-03, 1-29-04, 12-28-04, 6-2-05, 12-20-05, 1-1-07, 11-27-07, 12-17-07, 11-18-08, 1-28-09, 4-5-09, 10-26-09.

The Board will evaluate the advance payment contract prices for revision annually. All advance payment contract prices will be published annually in the Florida Administrative Weekly. The advance payment contract prices for tuition plans are based on the actuarial assumption that university tuition will rise at an average of 6.5 percent per annum, community college tuition will rise at an average of 5 percent per annum and dormitory fees will rise at an average of 6 percent per annum. Local fee plan prices are based on the actuarial assumption that university local fees will rise at an average of 5 percent per annum and community college local fees will rise at an average of 6 percent per annum. The tuition differential fee plan prices are based on the actuarial assumption that the tuition differential fee will rise an average of 8.5 percent per annum until such time as the tuition differential fee reaches forty percent (40%) of tuition at Funding Level 1 schools and thirty percent (30%) of tuition at Funding Level 2 schools. Once the tuition differential fee reaches the maximum level, the actuarial assumption is that the tuition differential fee will rise an average of 6.5% per annum.

Specific Authority 1009.971(1), (4), (6) FS. Law Implemented 1009.98(2) FS. History-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.

Purchasers may make payments through a variety of means. Payments may be made by checks, money orders, electronic funds transfers, automatic contribution plan, or employer payroll deductions. Payments may not be made by credit cards or other means of credit, rollover distributions, third party checks of $10,000.00 or more, or traveler's checks.

(1) Payments for applications received during the application period may be made under any schedule, on such specific date as specified by the Board and advertised in the Florida Administrative Weekly. Payments are due in full within the specified dates as published in the Florida Administrative Weekly.

(2) Payments for applications received from purchasers pursuant to an employer participation agreement may be made as specified by the agreement. The payment schedule will correspond with the employer's payroll schedule.

(3) An implied interest rate for installment payment plans will be calculated and approved by the Board and published annually in the Florida Administrative Weekly.

(4) The Board's direct support organization, The Florida Prepaid College Foundation, Inc., may purchase advance payment contracts by providing a lump sum payment on or before March 1 of the Fall Semester of the anticipated enrollment year designated in the contract. Such payment shall be comprised of the lump sum price of the advance payment contract plus seven and one-half percent (7 1/2%) interest compounded per annum from the date of the first payment due date.

Specific Authority 1009.971(1), (4), (6) FS. Law Implemented 1009.975, 1009.98(4) FS. History-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.

Failure to make any payment within thirty (30) days of the due date shall result in default by the purchaser and suspension of the qualified beneficiary's rights under the plan. A purchaser may reinstate his status in good standing within 180 days of the default, provided all delinquent amounts have been paid, however if no payments are received within 120 days of the first payment due date of a contract, the contract is not eligible for reinstatement. A contract which has not been reinstated shall be eligible for involuntary termination as provided in Rule 19B-10.001, F.A.C.

Specific Authority 1009.971(1), (4), (6) FS. Law Implemented 1009.98(4) FS. History-New 3-29-89, Amended 2-6-90, 3-19-92, Formerly 4G-4.004.

(1) The maximum account balance limit shall be determined annually by the Board. The maximum account balance limit shall be calculated by multiplying the qualified higher education expenses, including tuition fees, room and board, and supplies, at the most expensive eligible educational institution, by seven (7), and rounding the resulting product downward to the nearest $1,000.00 increment. In determining the qualified higher education expenses at the most expensive eligible educational institution, the Board will consult the figures compiled by the College Board and published in the annual College Handbook which is found at the College Board's website at http://store.collegeboard.com. The maximum account balance limit shall not exceed the amount permitted pursuant to s. 529 of the Internal Revenue Code. The Board will publish the amount of the maximum account balance limit annually in the Florida Administrative Weekly. The redemption value of an advance payment contract plus the account balance of an account in the Florida College Investment Plan, for the same beneficiary shall not exceed the maximum account balance limit.

(2) For purposes of the maximum account balance limit, the redemption value of an advance payment contract for:

1. Tuition, local fee, and tuition differential fee plans shall be the most expensive lump-sum contract price for the university tuition, university local fee and university tuition differential fee plans, as determined annually by the Board's actuary.
2. Dormitory plans shall be the most expensive lump-sum four (4) year dormitory contract price (8 semesters) as determined annually by the Board's actuary.

(3) If the Board receives an application for an advance payment contract or an additional plan as an addendum to an advance payment contract for a beneficiary and the sum of the redemption value of that application's benefit(s), the redemption value of any existing advance payment contract for that beneficiary and the account balance of a Florida College Investment Plan account for that beneficiary exceeds the maximum account balance limit, the Board will notify the purchaser that the Board cannot accept the application.

Specific Authority 1009.971(1), (4), (6) FS. Law Implemented 1009.98, 1009.981 FS. History-New 11-27-02, Amended 12-28-03, 7-13-06, 12-17-07, 7-9-08.

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, 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 public universities in the state pursuant to Section 1009.24(15), 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.

(1) Tuition plans consist of three (3) separate plans:

1. University Plan - The university plan specifies that 120 credit hours at a state university are purchased for the benefit of the qualified beneficiary.
2. Community College Plan - The community college plan specifies that 60 credit hours at a state community college are purchased for the benefit of the qualified beneficiary. For community college plans purchased prior to the 1996-97 application period, the number of credit hours purchased through the community college plan shall be the number specified in the advance payment contract.
3. Community College Plus University Plan - The community college plus university plan specifies that 60 credit hours at a state community college and 60 upper division level credit hours at a state university are purchased for the benefit of the qualified beneficiary. For community college plus university plans purchased prior to the 1996-97 application period, the number of credit hours purchased through the community college plus university plan shall be the number specified in the advance payment contract.

Tuition plans do not cover institutionally-imposed fees such as health, athletic, activity and service, technology, tuition differential or student activity fees.

(2) Local fee plans consist of three (3) separate plans:

1. University Local Fee Plan - The university local fee plan specifies that local fees for 120 credit hours at a state university are purchased for the benefit of the qualified beneficiary.
2. Community College Local Fee Plan - The community college plan specifies that local fees for 60 credit hours at a state community college are purchased for the benefit of the qualified beneficiary.
3. Community College Plus University Local Fee Plan - The community college plus university plan specifies that local fees for 60 credit hours at a state community college and 60 upper division level credit hours at a state university are purchased for the benefit of the qualified beneficiary.

Local fee plans may be purchased only 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 plan does not cover the tuition differential fee.

(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 tution plan, are exempt from the tuition differential fee.

1. University Tuition Differential Fee Plan - The university tuition differential fee plan specifies that 120 credit hours at a state university authorized to assess the tuition differential fee are purchased for the benefit of the qualified beneficiary. The 120 credit hour university tuition differential fee plan may be purchased only in conjunction with a university tuition plan.
2. Community College Plus University Tuition Differential Fee Plan - The community college plus universtiy tuition differential fee plan specifies that only 60 credit hours at a state university authorized to assess the tuition differential fee are purchased for the benefit of the qualified beneficiary. The 60 credit hour tuition differential fee plan may be purchased only in conjunction with a community college plus university tuition plan.

Tuition differential fee plans may be purchased only for those qualified beneficiaries who are four (4) or more years away from their anticipated matriculation date at the time the application is received by the Board.

(4) Dormitory Plan.

1. The 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.
2. A dormitory plan purchased in conjunction with or as an addendum to the community college plus university plan is intended for use after the beneficiary is admitted to a state university. A dormitory plan may only be transferred for use at a community college pursuant to Rule 19B-9.004, F.A.C.
3. A purchaser may purchase a dormitory plan for a beneficiary who was adopted from the Department of Children and Family Services after May 5, 1997, without purchasing a tuition plan contract for that beneficiary.

(5) The contracts do not cover fees and costs related to books, meals, transportation, and institutionally-imposed fees such as laboratory fees.

Specific Authority 1009.971(1), (4), (6) FS. Law Implemented 1009.98(2) 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.

(1) A qualified beneficiary may begin to receive benefits during the Summer Semester of the scheduled matriculation year. The benefits of the purchaser's advance payment contract shall be paid at the time a qualified beneficiary enrolls in a state postsecondary institution except in the event of legislative action pursuant to Section 1009.98(5), F.S. The credit hours purchased may be used during any semester of postsecondary enrollment. To receive benefits under this program, a qualified beneficiary whose advance payment contract is in good standing will be issued an identification card prior to each postsecondary Fall enrollment period. No identification card will be issued to a beneficiary unless the beneficiary submits a social security number. Benefits under each advance payment contract are available for use by the specified beneficiary for one (1) matriculation each semester, however, a beneficiary may matriculate more than once a semester if required by law or policy of the postsecondary institution.

(2)

1. To be eligible to receive dormitory plan benefits, qualified beneficiaries must file a complete and timely residence application with the applicable postsecondary institution. Beneficiaries must comply with all housing authority rules and regulations. The housing prepayment fee will be waived for the first housing application. Subsequent applications to alternate housing authorities will require payment by the purchaser of the appropriate prepayment fee. The dormitory residence plan is not available for use during the summer term.
2. (b) The dormitory plan provides payment for a double-occupancy, air-conditioned room in a dormitory specified by the state university. Where a state university does not offer a double-occupancy, air-conditioned dormitory room, the dormitory plan will pay the university, on behalf of the qualified beneficiary, the average cost of an eligible double-occupancy, air-conditioned dormitory room in the State University System.

(3) Local fee and tuition differential fee plans are tied to tuition contracts for matriculation purposes. Payment for the local and tuition differential fees will be remitted with the tuition payment upon the receipt of a tuition invoice for a beneficiary whose advance payment contract is composed of these fee plans. If the state university does not charge a tuition differential fee, payment for only the local fees will be remitted with the tuition payment, upon receipt of a tuition invoice for a beneficiary whose advance payment contract is composed of these fee plans.

Specific Authority 1009.971(1), (4), (6) FS. Law Implemented 1009.98 FS. History-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.

(1) Each applicaton submitted to the Board must specify the qualified beneficiary, provided however, that 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) Only one (1) qualified beneficiary is allowed per advanced payment contract, and a specific beneficiary can be named in only one (1) advance payment contract, provided however, a second advance payment contract may be purchased for a beneficiary by the direct support organization or an organization operating a scholarship program pursuant to Rule 19B-5.007, F.A.C. If a second advance payment contract is purchased for a beneficiary by the direct support organization or an organization operating a scholarship program pursuant to Rule 19B-5.007, F.A.C., the purchaser of the original prepaid contract may receive a refund pursuant to subsection 19B-11.001(2)(a), F.A.C. In the event duplicate advance payment contracts for the same beneficiary are processed and the second advance payment contract was not purchased by the direct support organization or an organization operating a scholarship program pursuant to Rule 19B-5.007, F.A.C., the advance payment contract processed first shall be deemed valid and the remaining advance payment contract shall be deemed terminated.

(3) The purchaser does not have to designate the postsecondary institution that the beneficiary will attend.

(4) The benefits of an advance payment contract may be used within three (3) years in advance of the selected matriculation date indicated in the application with no penalty or additional cost. However, to utilize the benefits prior to the selected matriculation date, the purchaser must pay the advance payment contract in full before changing such matriculation date.

(5)

1. The benefits of an advance payment contract may be received for up to a ten (10) year period after the matriculation date. This ten (10) year limitation will be extended upon application to the Board. 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. The right to use the benefits of an advance payment contract shall expire on December 31, ten (10) years after the matriculation date, or any extension thereof.
2. When the benefits of an advance payment contract have not been used on December 31, nine (9) years after the matriculation date or one (1) year prior to the expiration of any extension of the expiration date for the use of the advance payment contract benefits, the Board shall mail a written notice to the purchaser which indicates:
1. The procedure to extend the time period for the use of advance payment contract benefits or to obtain a refund for the contract;
2. That the right to use the advance payment contract benefits will expire on December 31, ten (10) years after the matriculation date or any extension thereof; and
3. That such benefits and refund will escheat to the Florida Prepaid College Trust Fund on that date.
   Such notice shall be mailed not later than 180 days prior to the expiration of the advance payment contract benefits. An alphabetical list of the names of purchasers of such advance payment contracts shall be posted on the Board's website on the Internet.
3. The benefits from and any refund associated with an advance payment contract for which the benefits have not been used by December 31, ten (10) years after the matriculation date, or any extension thereof, shall escheat to the Florida Prepaid College Trust Fund.

(6) Advance payment contracts that are composed of tuition, local fee and tuition differential fee plans will only be paid if the tuition plan, local fee plans and tuition differential fee plan are in good standing. Local fee payments and tuition differential fee payments shall not be remitted to pay tuition for any beneficiary attending a Florida public university or community college. Local fee payments and tuition differential fee payments may be remitted to pay tuition at private and out-of-state colleges for any qualified beneficiary.

Specific Authority 1009.971(1), (4), (6) FS. Law Implemented 1009.98(4) FS. History-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.

(1) Any person, corporation, or organization may purchase an advance payment contract for a qualified beneficiary. Any natural person named as the purchaser or the co-purchaser must be 18 years of age or older and each must be either a United States citizen or a resident alien.

(2) For advance payment contracts for tuition plans purchased prior to February 1, 2009:

1. Co-purchasers are permitted, and will enjoy only a right of survivorship. However, the purchaser may, without the consent or authorization of the co-purchaser, execute all contract changes, conversions, transfers, cancellations, and refund requests.
2. Any requests to change the purchaser designated on the advance payment contract must be signed by the purchaser and notarized by a notary. Refunds shall be made payable to the purchaser only.
3. If a purchaser terminates a contract pursuant to Rule 19B-10.002, F.A.C., the co-purchaser must be notified in writing.
4. Purchasers may elect to change the rights of a co-purchaser to be the same as those for advance payment contracts purchased on or after February 1, 2009, by submitting a written request to the Board. The request must be signed by the purchaser and the co-purchaser and both signatures must be notarized by a notary. If a purchaser changes the rights enjoyed by the co-purchaser to those for advance payment contracts purchased on or after February 1, 2009, the change in the co-purchaser's rights is irrevocable, the provisions of paragraphs 19B-5.004(2)(a), (b) and (c), F.A.C., shall not apply to the advance payment contract and the provisions of subsection 19B-5.004(3), F.A.C., shall apply to the advance payment contract.

(3) For advance payment contracts for tuition plans purchased on or after February 1, 2009:

1. Co-purchasers are permitted, but are not required. When a co-purchaser is designated on an advance payment contract, the purchaser and co-purchaser each will enjoy a right of survivorship.
2. Changes to the purchaser, co-purchaser or beneficiary designated on the advance payment contract, requests for voluntary termination of the advance payment contract, and refund requests associated with the termination of an advance payment contract must be in writing and contain the notarized signature of the purchaser and co-purchaser. All other changes to the advance payment contract must be in writing and approved by the purchaser.

(4) The provisions of subsection 19B-5.004(2), F.A.C., also apply to advance payment contracts for dormitory, local fee and tuition differential fee plans, regardless of the date of their purchase, that are associated with tuition plans that were purchased prior to February 1, 2009. The provisions of subsection 19B-5.004(3), F.A.C., apply to advance payment contracts for dormitory, local fee and tuition differential fee plans associated with tuition plans that are purchased on or after February 1, 2009.

Specific Authority 1009.971(1), (4), (6) FS. Law Implemented 1009.98 FS. History-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.

No graduate program, adult basic, or adult secondary program is available under this plan.

Specific Authority 1009.971(1), (4), (6) FS. Law Implemented 1009.98 FS. History-New 3-29-89, Formerly 4G-5.005, Amended 6-20-96, 1-3-01.

(1) A purchaser of an advance payment contract must notify the Board of a change to the payment option or plan option delineated on such contract before the end of the official contract change period, such dates to be published in the Florida Administrative Weekly. Except as provided in Rule 19B-11.002, F.A.C., no changes in enrollment or payment options will be allowed after this change period.

(2)

1. Advance payment contract purchasers may make a lump sum prepayment to fully prepay an installment contract with no prepayment penalty.
2. Advance payment contract purchasers may make one (1) or more partial prepayments on an installment contract. For purposes of this Rule, a partial prepayment is a payment made on an installment contract which is received by the Board prior to the regularly scheduled time for a payment and which is less than the lump sum amount required to fully prepay the installment contract at the time such payment is received by the Board. An advance payment contract purchaser shall not receive any refund or reduction of the total amount due on an installment contract, including any amount for implied interest pursuant to subsection 19B-4.003(2), F.A.C., as the result of one (1) or more partial prepayments.

(3) No plan option, including a dormitory, local fee or tuition differential fee plan, may be added or deleted except during this change period, during an open enrollment period, or by approval of the Board in cases of hardship and pursuant to the special petition procedure outlined in Rule 19B-12.001, F.A.C.

Specific Authority 1009.971(1), (4), (6) FS. Law Implemented 1009.98(4) FS. History-New 2-6-90, Formerly 4G-5.006, Amended 6-20-96, 3-20-97, 2-18-99, 12-17-07.

(1) During the open enrollment period, a nonprofit organization may purchase advance payment contracts for a scholarship program operated by the organization provided the Board has approved the scholarship program.

(2) The Board will approve scholarship programs operated by nonprofit organizations upon submission of a written application to the Board that contains:

1. Evidence that the organization is a nonprofit organization described in Section 501(c)(3) of the Internal Revenue Code;
2. Evidence that the organization is exempt from taxation pursuant to Section 501(a) of the Internal Revenue Code;
3. Information describing the scholarship program and its purposes;
4. A statement that the nonprofit organization operates the scholarship program;
5. A statement that the nonprofit organization shall comply with the terms of the advance payment contract, Section 1009.97-.98, 1009.982, 1009.983, F.S., and the rules of the Board.

(3) An application for approval of a scholarship program may be submitted with an application to purchase one or more advance payment contracts.

(4) After an application is determined by the Executive Director to be complete, the Board will consider and approve the application for the scholarship program at its next meeting.

(5) Approval by the Board of a scholarship program is not and shall not be promoted by the nonprofit organization as, an endorsement by the Board of the scholarship program or the sponsoring nonprofit organization.

Specific Authority 1009.971(1), (4), (6) FS. Law Implemented 1009.98(9) FS. History-New 10-9-01.

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

(1) Application Fee -

1. A fifty dollar ($50.00) nonrefundable application fee will be collected at the time an application is submitted to the Board.
2. If the purchaser named on the application for the advance payment contract 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.
3. If an application for both the advance payment contract 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.
4. 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.
5. 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.
6. 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:

1. The purchaser or beneficiary dies or is disabled; or
2. The beneficiary receives a scholarship which renders the plan unusable; or
3. The purchaser holds the advance payment contract for a period of at least two (2) years immediately preceding the request for termination and refund.
4. 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.

1. 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 Rule. If the tuition, local fee and tuition differential fee payments are received twenty (20) or more days past the due date, only the tuition plan 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.
2. 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.
3. 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. This fee shall be due on each tuition, local fee, tuition differential fee and dormitory plan. 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 a 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, 12-17-07.

For each annual application period, a qualified beneficiary is defined as an individual who is under the age of 21 on the first day of the month in which the application period begins, has not completed the 11th grade, and is either:

1. A resident of Florida, or
2. A non-resident who is the child of a non-custodial parent who is a resident of this state. Documentation shall be in such form as required by the Board and may include a copy of the court order.

The qualified beneficiary must be either a United States citizen or a resident alien with a valid social security number.

Specific Authority 1009.971(1), (4), (6) FS. Law Implemented 1009.971, 1009.98 FS. History-New 3-29-89, Amended 2-6-90, Formerly 4G-7.001, Amended 11-27-02, 1-1-07.

The qualified beneficiary of the advance payment contract must be a Florida resident for at least twelve (12) months prior to a purchaser's application for an advance payment contract. This requirement does not apply in the case of a child born in Florida and under the age of one on the date of application. The qualified beneficiary may be a U.S. citizen, a permanent resident alien, or a dependent of a U.S. citizen or a permanent resident alien.

Specific Authority 1009.971(1), (4), (6) FS. Law Implemented 1009.98 FS. History-New 3-29-89, Formerly 4G-7.002.

(1) For qualified beneficiaries under the age of one the following documents, presented at the time of application, will be considered by the Board as sufficient to establish residency status:

1. A birth certificate indicating the qualified beneficiary was born in Florida; or
2. Any item listed under paragraph (2)(b) of this rule.

(2) The following documents, presented at the time of application, will be considered by the Board as sufficient to establish residency for qualified beneficiaries between one year of age and kindergarten enrollment:

1. A progress report from the child's preschool or day care center indicating twelve (12) months of residency; or
2. In the event there exist no records on the qualified beneficiary, the parents' or guardians' residency shall be determinative. Residency may be indicated by one or more of the following documents that shows twelve (12) months of residence in the State of Florida:
1. Voter's registration card;
2. Driver's license;
3. Certificate of domicile;
4. Homestead exemption;
5. Utility bills at the same residence;
6. Professional or occupational license;
7. Proof of full-time Florida employment;
8. Florida vehicle registration; or
9. Any other similar-type documentation indicating residence for twelve (12) months in the State.

(3) For school age children from kindergarten to the 12th grade:

1. A school report card or transcript from a Florida public or private school; or
2. In the event school documents are not available, residency may be determined by the parents' or guardians' residency status as indicated in paragraph (2)(b) of this rule.

Specific Authority 1009.971(1), (4), (6) FS. Law Implemented 1009.971, 1009.98 FS. History-New 3-29-89, Formerly 4G-7.003, Amended 6-20-96.

Except when an advance payment contract is established by a person functioning in a custodial capacity, the qualified beneficiary may be changed to any member of the family of the then-current qualified beneficiary, at any time, by submitting a written, notarized request signed by the person or persons required by Rule 19B-5.004, F.A.C., directing the Board to change the qualified beneficiary for the contract. "Member of the family" means the same as that term is defined in s. 529 of the Internal Revenue Code. The substitute beneficiary must meet the residency requirement of a qualified beneficiary at the time of substitution.

Specific Authority 1009.971(1), (4), (6) FS. Law Implemented 1009.98(4) FS. History-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.

The transfer to a substitute beneficiary is limited to individuals who are younger than the qualified beneficiary, or no more than three years older than the qualified beneficiary, without assessment of an additional advance payment contract price. If transfer to a substitute beneficiary more than three years older than the qualified beneficiary is desired, application must be made to the Board. The Board may assess an additional amount to ensure the actuarial soundness of the trust fund.

Specific Authority 1009.971(1), (4), (6) FS. Law Implemented 1009.971, 1009.98 FS. History-New 3-29-89, Formerly 4G-8.002, Amended 6-20-96.

Specific Authority 240.551(5) FS. Law Implemented 240.551 FS. History-New 3 29 89, Formerly 4G 8.003, Repealed 6 20 96.

Advance payment contracts purchased through an approved non-profit organization as provided in Rule 19B-5.007, F.A.C., or the Florida Prepaid College Foundation, Inc., may transfer the Prepaid benefits to any qualified beneficiary who meets the residency requirements at the time of substitiution. An authorized representative for the scholarship donor organization will be required to sign and notarize any request to substititute beneficiaries on advance payment contracts.

Specific Authority 1009.971(1), (4), (6) FS. Law Implemented 1009.98 FS. History-New 1-1-07.

The benefits of advance payment contracts are designed to be flexible in order to allow beneficiaries to attend the postsecondary institutions of their choice regardless of the type of plans included in the advance payment contracts purchased.

(1) Plan benefits will be automatically converted upon receipt of a valid postsecondary institution invoice based upon the respective tuition rate at the time of the qualified beneficiaries' actual matriculation dates. For example, if the community college tuition rate is two-thirds (2/3) of the university rate at the time of matriculation, three community college credit hours will be used to pay for two (2) university credit hours.

(2) A dormitory plan may not be transferred to a community college plan.

(3) A tuition differential fee plan may not be transferred to a community college plan.

(4) For the purchaser to convert plan benefits and receive a refund, pursuant to Rule 19B-11.002, F.A.C., a written conversion/refund request must be received from the purchaser no earlier than one (1) year and before April 1 of the year of matriculation of the qualified beneficiary.

Specific Authority 1009.971(1), (4), (6) FS. Law Implemented 1009.971, 1009.98(3) FS. History-New 3-29-89, Amended 3-19-92, Formerly 4G-9.001, Amended 6-20-96, 8-18-97, 12-17-07.

In the event the beneficiary matriculates in an independent college or university in Florida, the redemption value will be forwarded to the institution. For purposes of such transfers of the tuition, local fee and tuition differential fee plans, the redemption value shall be the average amount of tuition, local fees and tuition differential fees, respectively, charged by the state universities or community colleges at the time of matriculation. For purposes of such transfers of the dormitory plan, the redemption value shall be the average of the state university dormitory fees charged at the time of matriculation for the number of semesters reflected in each purchaser's advance payment contract.

Specific Authority 1009.971(1), (4), (6) FS. Law Implemented 1009.98 FS. History-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.

A qualified beneficiary may transfer the benefits of an advance payment contract to an eligible out-of-state community college, college or university. The amount transferred shall not exceed the redemption value of the advance payment contract. For purposes of such transfers of the tuition, local and tuition differential fee plans, the redemption value shall be the average amount of tuition, local and tuition differential fees, respectively, charged by the state universities or community colleges at the time of matriculation. For purposes of such transfers of the dormitory plan, the redemption value shall be the average of the state university dormitory fees charged at the time of matriculation for the number of semesters reflected in each purchaser's advance payment contract.

Specific Authority 1009.971(1), (4), (6) FS. Law Implemented 1009.98(3) FS. History-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.

(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 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 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.

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

A qualified beneficiary of the Florida Prepaid College Program may transfer the benefits of an advance payment contract to an applied technology diploma program or a vocational certificate program conducted by a community college listed in Section 1000.21(3), F.S., or an area technical center operated by a district school board. The amount of such benefits that may be transferred shall not exceed the redemption value. For purposes of a transfer to an applied technology diploma program or vocational certificate program conducted by a community college, the redemption value shall be the amount of tuition, local fees and tuition differential fees, respectively, charged by the community college at the time of matriculation. For purposes of a transfer to an area technical center operated by a district school board, the redemption value shall be the average amount of tuition, local fees and tuition differential fees, respectively, charged by the state universities or community colleges at the time of matriculation. If the cost of the fees charged by the community college or area technical center is less than the corresponding fees charged by a state postsecondary education institution, the amount transferred shall not exceed the cost of the fees charged by the community college or area technical center. The amount transferred may only cover the number of semester credit hours stipulated in the original advance payment contract.

Specific Authority 1009.971(1), (4), (6) FS. Law Implemented 1009.98(3) FS. History-New 1-3-01, Amended 12-17-07.

Involuntary termination shall occur upon a finding of fraud in the verification of residency of a qualified beneficiary at the time of application or the nonpayment of any appropriate payments due within established timeframes.

Specific Authority 1009.971(1), (4), (6) Law Implemented 1009.971, 1009.98(4) FS. History-New 3-29-89, Formerly 4G-10.001, Amended 6-20-96.

Voluntary termination shall occur within thirty days of receiving a written request for cancellation of an advanced payment contract. A request for the cancellation of an advance payment contract must contain the notarized signature of the person or persons required pursuant to Rule 19B-5.004, F.A.C.

Specific Authority 1009.971(1), (4), (6) Law Implemented 1009.971, 1009.98(4) FS. History-New 3-29-89, Formerly 4G-10.002, Amended 6-20-96, 7-28-98, 1-28-09.

Except as provided herein, refunds shall not exceed the amount paid for any plan included in the advance payment contract bought by the purchaser, except for conversions pursuant to Rule 19B-11.002, F.A.C., and dormitory plan refunds due to insufficient housing pursuant to Rule 19B-11.004, F.A.C. Termination of student status after the official drop/add period eliminates the refund option for that semester. The Board will process a refund associated with an account that was terminated pursuant to Rule 19B-10.001 or 19B-10.002, F.A.C., upon the receipt of a notarized, written request that is signed by the person or persons required pursuant to Rule 19B-5.004, F.A.C. The refund will be paid only to the purchaser of the terminated account.

(1) For participants in the Florida Prepaid College Board Program's advance payment contracts, a scholarship is defined as:

1. A financial or in-kind award or grant given to an individual for study, training, or research, and which does not constitute compensation for personal services, or
2. The refund of a tuition differential fee plan of an advance payment contract if the advance payment contract's designated qualified beneficiary does not attend a state educational institution that meets the criteria for Funding Level 1 or Funding Level 2 pursuant to Section 1004.635(3), F.S.

(2) Refunds may exceed the amount paid for a plan in the following circumstances:

1. If a beneficiary is awarded a scholarship, the terms of which cover the benefits included in the advance payment contracts, moneys paid for the purchase of the advance payment contracts shall be returned to the purchaser in semester installments coinciding with the matriculation by the beneficiary in an amount not to exceed the redemption value of the advance payment contract. Proof of scholarship shall be given to the Board as required by the Master Covenant.
2. In the event of death or total disability of the beneficiary, the advance payment contract may be terminated pursuant to Rule 19B-10.002, F.A.C., and the moneys paid for the purchase of an advance payment contract shall be refunded in lump sum in an amount not to exceed the redemption value of the advance payment contract. Proof of death or disability shall be in such form as required by the Board.
3. If a beneficiary with a tuition differential fee contract attends a state educational institution that does not charge a tuition differential fee, moneys paid for purchase of the tuition differential fee contract shall be returned to the purchaser in an amount not to exceed the redemption value of the tuition differential fee plan.

(3) For purposes of refunds pursuant to paragraph 19B-11.001(2)(a) or (b), F.A.C., for tuition and local fee plans, the redemption value shall be the average amount of tuition and local fees, respectively, charged by the state universities or community colleges at the time of the refund request. For purposes of refunds pursuant to paragraph 19B-11.001(2)(a) or (b), F.A.C., for the dormitory plan, the redemption value shall be the average of the state university dormitory fees charged at the time of the refund request, for the number of semesters reflected in each purchaser's advance payment contract. For purposes of refunds pursuant to paragraph 19B-11.001(2)(c) F.A.C., for tuition differential fee plans, the redemption value shall be the average amount of tuition differential fees charged by the state educational institution at the time of the refund.

Specific Authority 1009.971(1), (4), (6) FS. Law Implemented 1009.971, 1009.98(5) FS. History-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.

In the event a plan is converted to another plan of a lesser value, the purchaser will be entitled to a refund equal to the difference between the amount paid for the original contract and the amount that would have been paid for the contract to which the plan is converted had the converted plan been purchased under the same payment plan at the time the original advance payment contract was executed. However, should a beneficiary convert plans without notifying the Board, no refund will be provided.

Specific Authority 1009.971(1), (4), (6) FS. Law Implemented 1009.98(5) FS. History-New 3-29-89, Amended 2-6-90, 3-19-92, Formerly 4G-11.002, Amended 8-18-97.

All conversion/refund requests must be in writing, executed by the purchaser and filed in accordance with the provisions of subsection 19B-9.001(3), F.A.C.

Specific Authority 1009.971(1), (4), (6) FS. Law Implemented 1009.98(5) FS. History-New 3-29-89, Amended 3-19-92, Formerly 4G-11.003.

If there is insufficient housing to accommodate a qualified beneficiary under the dormitory plan, the actual value of dormitory rates at the specified institution at the time of the application for dormitory space at the university will be refunded to the purchaser. Insufficient housing means that sufficient numbers of double-occupancy, air-conditioned dormitory rooms are not available for the qualified beneficiaries who attend that state university. If the qualified beneficiary is placed upon an university admission wait list and is therefore prohibited by university regulations from submitting a timely housing application and, as a consequence, does not receive a housing assignment, this shall constitute insufficient housing pursuant to this section. The Board shall require documentation from the university housing authority and/or admission office prior to processing a dormitory refund due to insufficient housing. If the qualified beneficiary elects not to apply for the dormitory residence, the refund will be the amount paid for the dormitory plan after assessment of the termination fee pursuant to subsection 19B-6.001(2), F.A.C. Where a state university does not offer a double-occupancy, air-conditioned dormitory room, the Program will refund the purchaser the average cost of an eligible double-occupancy, air-conditioned dormitory room in the State University System.

Specific Authority 1009.971(1), (4), (6) FS. Law Implemented 1009.971, 1009.98(5) FS. History-New 3-29-89, Amended 2-6-90, Formerly 4G-11.004, Amended 5-31-95, 2-18-99.

If a beneficiary does not complete a Community College Plan, University Plan, or a Community College/University Plan for reasons other than those specified in Rules 19B-11.001 through 19B-11.004, F.A.C., the account may be terminated pursuant to Rule 19B-10.002, F.A.C., and a pro-rata refund of the amount paid into the fund is available. A refund under this rule will not include funds for any school year partially attended but not completed. A school year partially attended but not completed shall mean any one semester of a two semester school year whereby the student is enrolled at the conclusion of the official drop/add period, but withdraws before the end of such semester.

Specific Authority 1009.971(1), (4), (6) FS. Law Implemented 1009.971, 1009.98(5) FS. History-New 3-29-89, Amended 2-6-90, 3-19-92, Formerly 4G-11.005, Amended 1-28-09.

(1) Any purchaser who exhausts the benefits purchased under an advance payment contract and for whom the total value of benefits received under such contract is less than the total of principal paid for the benefits may petition the Board for a refund of the difference between the value of the benefits received and the principal paid.

(2) Any time a purchaser seeks to convert a plan purchased through the Program, the Board shall inform the purchaser of available conversion and cancellation options, including the financial consequences of each such option. Any purchaser who converts a plan based on this information shall not be eligible to petition for a refund pursuant to subsection (1) of this rule.

Specific Authority 1009.971(1), (4), (6) FS. Law Implemented 1009.98 FS. History-New 6-20-96.

(1) The Board will mail written notice to the purchaser of a terminated advance payment contract when a refund for the account has been available for six (6) years. Such refund will consist of any monies paid into the program minus any applicable fees due against the account. The notice will indicate the procedure which must be followed to obtain a refund of the monies held by the Board and that if a refund claim is not timely made that the funds will escheat to the Florida Prepaid College Trust Fund. An alphabetical list of the names and city of residence of such purchasers will be posted on the Board's website on the Internet (www.florida529plans.com). Any refund which remains unclaimed seven (7) years after an account is terminated will escheat to the Florida Prepaid College Trust Fund.

(2) The Board will attempt to identify purchasers who have made inadvertent payments of fifty dollars or more into the Program and who are owed a refund of such payments. The Board will mail a written notice to persons who made such payments informing them that they are entitled to a refund of the inadvertent payments when such refunds have been unclaimed for six years. The notice will indicate the procedure which the person must follow to obtain a refund of the monies held by the Board and that if a claim for a refund is not timely made that the funds will escheat to the Florida Prepaid College Trust Fund. An alphabetical list of the names and city of residence of such purchasers will be posted on the Board's website on the Internet. Any refund of an inadvertent payment into the Program which remains unclaimed after seven years or on December 31, 2004, whichever is later, will escheat to the Florida Prepaid College Trust Fund.

(3) When the Board determines one or more additional methods for locating and notifying purchasers due an unclaimed refund or entitled to a refund of an inadvertent payment are available which are likely to increase the number and amounts of refunds provided to purchasers entitled to a refund or provided to purchasers who have made inadvertent payments, the Board will use such methods to locate and provide refunds to purchasers.

(4) The Board will annually review and approve the list of unclaimed refunds and inadvertent payments which have remained unclaimed for the periods required under this rule and have escheated to the Florida Prepaid College Trust Fund.

Specific Authority 1009.971(1), (4), (6) FS. Law Implemented 1009.971, 1009.972(5), 1009.98(5) FS. History-New 6-20-96, Amended 12-29-98, 4-15-04, 1-28-09.

(1) Any person who desires to petition the Board for relief from the procedures and policies within Chapters 19B-4 through 11, 19B-13 and 19B-16, 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.

Specific Authority 1009.971(1), (4), (6) FS. Law Implemented 120.542, 1009.98, 1009.981 FS. History-New 2-6-90, Formerly 4G-12.001, Amended 6-20-96, 12-16-97, 5-30-02.

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 s. 120.569, F.S., or may seek a waiver or variance pursuant to s. 120.542, F.S., and Rule 28-104, F.A.C.

Specific Authority 1009.971(1), (4), (6) FS. Law Implemented 120.542, 120.569, 1009.98, 1009.981 FS. History-New 2-6-90, Formerly 4G-12.002, Amended 12-16-97.

(1) In response to a demonstrated financial hardship, any contract purchaser as defined by Rule 19B-5.004, F.A.C., may file a petition with the Executive Director of the Board seeking to obtain the waiver of any late fees assessed against that purchaser pursuant to subsection 19B-6.001(5), F.A.C., or seeking to avoid the involuntary termination of a contract pursuant to Chapter 19B-10, F.A.C., or seeking to avoid the imposition of a termination fee.

(2) The Board will also entertain petitions to temporarily suspend a purchaser's participation in a contract plan due to a demonstrated financial hardship, when such a Petition is filed in order to avoid default as defined in Rule 19B-4.004, F.A.C. However, in no event will the Board permit any contract purchaser to suspend payments on any plan for a period of longer than 180 days, as specified in Rule 19B-4.004, F.A.C. At the end of any period of suspension authorized by the Board pursuant to a demonstrated financial hardship, the contract purchaser must bring his account into good standing within a period of thirty (30) days.

(3) For purposes of this Chapter, the term "financial hardship" shall be defined to include any loss of employment or income by a contract purchaser or the spouse of a contract purchaser which limits or otherwise impairs the ability of the contract purchaser to make timely payments on a contract with the Board. A financial hardship will also be found to exist whenever a contract purchaser can demonstrate to the Board that medical circumstances, such as hospitalization of the purchaser or the spouse of the purchaser, that limit or otherwise impair the contract purchaser's ability to make timely payments on a contract with the Board. Proof of loss of employment or income or proof of medical circumstances cited in any Petition may be required by the Board.

Specific Authority 1009.971(1), (4), (6) FS. Law Implemented 1009.98 FS. History-New 5-17-92, Formerly 4G-12.003, Amended 6-20-96.

(1) The Board's direct support organization, the Florida Prepaid College Foundation, Inc., may purchase advance payment contracts for the purpose of providing economically disadvantaged youth with prepaid postsecondary tuition scholarships. Contracts purchased pursuant to this tuition scholarship program may provide for prepaid registration fees for the average number of hours required to obtain an associate or baccalaureate degree, plus up to an additional twelve hours of prepaid registration fees as may be needed for college preparatory instruction as that term is utilized in Section 1008.30, Florida Statutes.

(2) Only those students designated and certified by the school districts to the direct support organization who meet minimum economic and school requirements, and who remain drug free and crime free as those terms are defined by Section 1009.984, Florida Statutes, shall be eligible to receive prepaid tuition scholarships.

(3) Information regarding the Florida Prepaid Tuition Scholarship Program may be obtained by writing or visiting the Board at its offices.

Specific Authority 1009.971(1), (4), (6) FS. Law Implemented 1009.984 FS. History-New 5-17-92, Formerly 4G-13.001.

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 Postsecondary Education Expenses 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 postsecondary registration fees and dormitory registration fees.

Specific Authority 1009.971(1), (4), (6) FS. Law Implemented 1009.971 FS. History-New 6-20-96.

(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:

1. 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;
2. A concise statement of the ultimate facts upon which the claim arose;
3. The date and subject of the contract under which the claim arose;
4. 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;
5. 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;
6. 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;
7. The demand for relief sought by the claimant;
8. 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
9. Any other material information the person or firm contends is material to its claim.

(3) The written petition shall be printed, typewritten or otherwise duplicated in legible form. The petition shall include copies of all documents which support the claim.

Specific Authority 1009.971(1), (4), (6) FS. Law Implemented 1009.971 FS. History-New 6-20-96.

(1) Upon receipt of a formal written petition, the Executive Director shall attempt to resolve the matters that are the subject of the petition by mutual agreement within fifteen (15) days, excluding Saturdays, Sundays, and legal holidays.

(2) If the petition is not resolved by mutual agreement within fifteen (15) days, excluding Saturdays, Sundays and legal holidays, the Executive Director shall deliver, within forty-five (45) days from the date such petition was filed, to the person or firm that filed the petition a determination that indicates the Board's written response to the claims or such person or firm.

(3) Unless the person or firm who filed the petition agrees to the determination of the Board and a consent order adopting the determination is entered within thirty (30) days from the receipt by the person or firm of the Board's determination, the Executive Director, if no disputed issues of material fact are involved, shall designate a hearing officer who shall conduct an informal proceeding pursuant to Section 120.57(2), F.S., and applicable Board rules. The hearing officer designated by the Executive Director shall be either a person who is a member in good standing of the Florida Bar or a person knowledgeable by virtue of education or practical experience with the subject matter of similar contracts involving state agencies.

(4) If there is a disputed issue of material fact, the Executive Director shall refer the petition to the Division of Administrative Hearings of the Department of Management Services for proceedings under Section 120.57(1), F.S.

(5) Once the Executive Director has referred the dispute to a hearing officer pursuant to subsection (3) or (4), no further information or amendment of the claims shall be permitted.

(6) The statements, facts, documents and materials contained in the petition filed pursuant to Rule 19B-14.002, F.A.C., or which are submitted to and received by the Executive Director prior to the determination made pursuant to subsection 19B-14.003(2), F.A.C., shall constitute the entire factual record submitted by a person or firm on which a claim against the Board may be sustained in any hearing under this Rule. A person or firm making a claim against the Board shall not be allowed to submit to a hearing officer any statements, facts, documents or materials to support any claim against the Board which were not submitted to the Executive Director by the person or firm making the claim prior to the Executive Director's determination pursuant to subsection 19B-14.003(2), F.A.C. The Board may submit statements, facts, documents or materials in response to the factual record submitted by a person or firm making a claim against the Board or to sustain the decision of the Executive Director which was made pursuant to subsection 19B-14.003(2), F.A.C.

(7) The filing of a petition by a person or firm pursuant to the provisions of this Rule shall not affect the duty or obligation of the person or firm pursuant to the contract under which the claim or dispute arose. Any person or firm which files a petition pursuant to the provisions of this Rule expressly agrees that it shall continue to proceed with all scheduled work as determined under any prior existing schedule pursuant to such contract unless otherwise agreed in writing between the person or firm and the Board.

Specific Authority 1009.971(1), (4), (6) FS. Law Implemented 1009.971 FS. History-New 6-20-96.

(1) The Florida Prepaid College Foundation, Inc., a not-for-profit corporation established pursuant to Section 1009.983, F.S., shall:

1. Submit its articles of incorporation and by-laws to the Board annually for approval.
2. Promptly notify the Board of any amendments to the Foundation's articles of incorporation and by-laws.
3. Submit its annual budget to the Board not later than May 31 of each year.
4. Contract with an independent certified public accounting firm for an annual financial and compliance audit of the financial accounts and records of the Foundation.
5. Establish a fiscal year that will begin on July 1 of each year and end on June 30 of the following year.
6. Disclose the material provisions of the contract between the Foundation and the Board to donors of gifts, contributions and bequests to the Foundation and in all promotional and fundraising publications of the Foundation
7. With the exception of those public records described in Sections 1009.98(6), 1009.981(6) and 1009.983, F.S., allow inspection and copying of all other documents, papers, letters or other records of the Foundation that are made or received in conjunction with the business of the Foundation in accordance with the requirements of the Florida Public Records Law, Section 119.07, F.S.
8. Allow the Board, its employees or designees, or other state agencies as provided by law to audit the Foundation upon reasonable notice at the Foundation's offices during normal business hours.

(2) To be eligible to use the Board's property (except money), facilities and personal services, the Foundation shall:

1. Provide equal employment opportunities to all persons, regardless of race, color, religion, sex, age or national origin.
2. Make a written request to the Executive Director of the Board specifying the property, facilities and personal services which the Foundation requests that it be allowed to use.
3. Operate under a written contract with the Board.

Specific Authority 1009.971(1), (4), (6), 1009.983(6) FS. Law Implemented 1009.983 FS. History-New 10-9-01.