To amend the Florida Prepaid College Plan rule providing when additional proof of hardship will be required.  


  • RULE NO.: RULE TITLE:
    19B-12.003: Financial Hardship
    PURPOSE AND EFFECT: To amend the Florida Prepaid College Plan rule providing when additional proof of hardship will be required.
    SUMMARY: This rule change amends when the Florida Prepaid College Plan will require additional information to demonstrate a financial hardship.
    SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS AND LEGISLATIVE RATIFICATION:
    The Agency has determined that this will not have an adverse impact on small business or likely increase directly or indirectly regulatory costs in excess of $200,000 in the aggregate within one year after the implementation of the rule. A SERC has not been prepared by the agency.
    1) no requirement for SERC was triggered under Section 120.541(1), F.S., and 2) based on past experiences with rules of this nature, the adverse impact or regulatory cost, if any, do not exceed nor would be expected to exceed any one of the economic analysis criteria set forth in Section 120.541(2)(a), F.S.
    The Agency has determined that the proposed rule is not expected to require legislative ratification based on the statement of estimated regulatory costs or if no SERC is required, the information expressly relied upon and described herein: The Agency has determined that the proposed rule will not require legislative ratification pursuant to Section 120.541(3), F.S., or other applicable statutes.
    Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.
    RULEMAKING AUTHORITY: 1009.971(1), (4), (6) FS.
    LAW IMPLEMENTED: 1009.98 FS.
    IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE HELD AT THE DATE,TIME AND PLACE SHOWN BELOW(IF NOT REQUESTED, THIS HEARING WILL NOT BE HELD):
    DATE AND TIME: February 17, 2012, 2:00 p.m.
    PLACE: Suite 210, Hermitage Building, 1801 Hermitage Boulevard, Tallahassee, Florida 32308
    Pursuant to the provisions of the Americans with Disabilities Act, any person requiring special accommodations to participate in this workshop/meeting is asked to advise the agency at least 5 days before the workshop/meeting by contacting: fax request to Kevin Thompson, Interim Executive Director, 1801 Hermitage Boulevard, Suite 210, Tallahassee, Florida 32308. Facsimile (850)488-3555. If you are hearing or speech impaired, please contact the agency using the Florida Relay Service, 1(800)955-8771 (TDD) or 1(800)955-8770 (Voice).
    THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Kevin Thompson, Interim Executive Director, 1801 Hermitage Boulevard, Suite 210, Tallahassee, Florida 32308

    THE FULL TEXT OF THE PROPOSED RULE IS:

    19B-12.003 Financial Hardship.

    (1) through (2) No change.

    (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 will may be required by the Board only when circumstances are not clearly cited.

    Rulemaking 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,________.


    NAME OF PERSON ORIGINATING PROPOSED RULE: Kevin Thompson, Interim Executive Director
    NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Kevin Thompson, Interim Executive Director
    DATE PROPOSED RULE APPROVED BY AGENCY HEAD: December 14, 2011
    DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: December 23, 2011

Document Information

Comments Open:
1/27/2012
Summary:
This rule change amends when the Florida Prepaid College Plan will require additional information to demonstrate a financial hardship.
Purpose:
To amend the Florida Prepaid College Plan rule providing when additional proof of hardship will be required.
Rulemaking Authority:
1009.971(1), (4), (6) FS.
Law:
1009.98 FS.
Contact:
Kevin Thompson, Interim Executive Director, 1801 Hermitage Boulevard, Suite 210, Tallahassee, Florida 32308
Related Rules: (1)
19B-12.003. Financial Hardship