Senate Bill 1508 (2023) — Assistant State Attorney and Assistant Public Defender Student Loan Repayment Program
SB 1508
Florida Bills
Florida Senate - 2023 SB 1508 By Senator Pizzo 37-01129-23 20231508__ Page 1 of 4 CODING: Words stricken are deletions; words underlined are additions. A bill to be entitled 1
An act relating to the Assistant State Attorney and 2 Assistant Public Defender Student Loan Repayment 3 Program; creating s. 1009.695, F.S.; establishing the 4 program within the Department of Education for 5 assistant state attorneys and assistant public 6 defenders; providing the purpose of the program; 7 requiring the department to administer the program; 8 providing requirements for eligibility requirements; 9 providing procedures for payments; requiring payments 10 to be contingent upon proof of eligibility and annual 11 recertification through an annual certification 12 affidavit; specifying certification criteria; 13 providing that payments are not considered taxable 14 income; requiring the department to reduce payments 15 for all program participants by a proportional amount 16 if appropriated funds are insufficient to provide 17 maximum payment for all program participants’ loans; 18 authorizing the State Board of Education to adopt 19 rules; providing for program funding; providing an 20 effective date. 21 22 Be It Enacted by the Legislature of the State of Florida: 23 24
Section
Section 1009.695, Florida Statutes, is created 25 to read: 26 1009.695 Assistant State Attorney and Assistant Public 27 Defender Student Loan Repayment Program.— 28
(1) The Assistant State Attorney and Assistant Public 29 Florida Senate - 2023 SB 1508 37-01129-23 20231508__ Page 2 of 4 CODING: Words stricken are deletions; words underlined are additions. Defender Student Loan Repayment Program is established within 30 the Department of Education. The purpose of the program is to 31 increase employment and retention of assistant state attorneys 32 and assistant public defenders in the public sector by making 33 payments that offset student loans issued or guaranteed by a 34 state or the Federal Government. The department shall administer 35 the program. 36
(2) To be eligible to participate in the program, the 37 assistant state attorney or assistant public defender must meet 38 all of the following requirements: 39 (
a) Be a member in good standing of The Florida Bar. 40 (
b) Be employed full time by a state attorney or public 41 defender in this state. 42 (
c) Have completed not more than a total of 10 years of 43 continuous service as an assistant state attorney or assistant 44 public defender. 45 (
d) Be earning an annual salary of less than $65,000 as an 46 assistant state attorney or assistant public defender. 47 (
e) Not have received any disciplinary action by The 48 Florida Bar. 49 (
f) Have an unsatisfied student loan that was issued or 50 guaranteed by a state or the Federal Government. 51 (
g) Not be eligible for any other state, local, or federal 52 grant or private fund that assists in student loan repayment. 53
(3) Only student loans that are not in default and that 54 were issued pursuant to the Higher Education Act of 1965, 20 55 U.S.C. ss. 1001 et seq., as amended, to fund a program 56 participant’s law school education are eligible for repayment 57 under the program. 58 Florida Senate - 2023 SB 1508 37-01129-23 20231508__ Page 3 of 4 CODING: Words stricken are deletions; words underlined are additions.
(4) From the funds available, the Department of Education 59 shall make an annual payment pursuant to subsection (6) as 60 follows: 61 (
a) Three thousand dollars if the program participant has a 62 total of at least 4 years, but not more than 7 years, of 63 continuous service as an assistant state attorney or assistant 64 public defender. 65 (
b) Five thousand dollars if the program participant has a 66 total of more than 7 years, but not more than 10 years, of 67 continuous service as an assistant state attorney or assistant 68 public defender. 69
(5) All payments are contingent upon continued proof of 70 eligibility through an annual certification affidavit on a form 71 authorized by the department which certifies that the program 72 participant meets all eligibility requirements of this
section 73 as of his or her most recent employment anniversary. A program 74 participant must submit such affidavit to his or her employer 75 within 30 days after his or her employment anniversary. If the 76 employer signs such affidavit, the employer must submit the 77 signed annual certification affidavit to the department within 78 60 days after the program participant’s most recent employment 79 anniversary. 80
(6) Payments made pursuant to this
section do not 81 constitute taxable income to the program participant. Each 82 payment must be made directly to the financial institution that 83 services the program participant’s student loan. If the program 84 participant holds more than one student loan that is eligible 85 for repayment under this section, payment must be made toward 86 the program participant’s student loan that has the highest 87 Florida Senate - 2023 SB 1508 37-01129-23 20231508__ Page 4 of 4 CODING: Words stricken are deletions; words underlined are additions. current interest rate. 88
(7) If funds appropriated are insufficient to provide 89 maximum payment for all program participants’ student loans, the 90 department shall reduce payments for all program participants by 91 a proportional amount for the year for which funds appropriated 92 are insufficient. 93
(8) The State Board of Education may adopt rules necessary 94 to administer the program. 95
(9) The Assistant State Attorney and Assistant Public 96 Defender Student Loan Repayment Program may be funded annually, 97 contingent upon a specific appropriation in the General 98 Appropriations Act. 99