Senate Bill sb2022

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    Florida Senate - 2002                                  SB 2022

    By Senator Villalobos





    37-1643B-02

  1                      A bill to be entitled

  2         An act relating to independent postsecondary

  3         education; reenacting and amending s. 246.011,

  4         F.S.; eliminating references to nonpublic

  5         colleges in provisions stating legislative

  6         findings and intent; conforming provisions to

  7         changes made by the act; eliminating

  8         legislative intent with respect to a

  9         requirement for dual licensure; reenacting and

10         amending s. 246.013, F.S.; restricting

11         participation in the common course numbering

12         and designation system to institutions that

13         provide resident instruction; conforming

14         provisions to changes made by the act;

15         reenacting and amending s. 246.021, F.S.;

16         providing definitions; reenacting and amending

17         s. 246.031, F.S.; creating the Commission for

18         Independent Education within the Department of

19         Education; providing for administration of the

20         commission; providing for members to be

21         appointed by the Governor; providing for terms

22         of office, meetings, and accountability;

23         reenacting and amending s. 246.041, F.S.;

24         providing for powers and duties of the

25         commission; providing rulemaking authority;

26         authorizing the commission to expend funds;

27         requiring certain reports and recordkeeping;

28         authorizing the appointment of committees;

29         providing additional duties of the commission

30         with respect to administration and offices;

31         repealing ss. 246.051, 246.061, 246.071, F.S.,

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  1         relating to expenditures and rulemaking

  2         authority; reenacting and amending s. 246.081,

  3         F.S.; providing for licensure of institutions;

  4         establishing standards; requiring licensure to

  5         be based on the institution's highest

  6         educational offering; creating stages of

  7         licensure as approved-applicant status,

  8         provisional license, and annual license;

  9         restricting programs to those authorized in an

10         institution's license; prohibiting the transfer

11         of a license; prohibiting certain activities by

12         nonlicensed institutions; requiring standards

13         for the approval of agents; providing

14         requirements for students of foreign medical

15         schools; specifying that a license is not an

16         accreditation; requiring antihazing policies;

17         reenacting and amending s. 246.084, F.S.;

18         providing for licensure by means of

19         accreditation; establishing requirements;

20         authorizing continuation of an exemption until

21         a license is issued; providing for validity of

22         a license; requiring compliance with certain

23         rules governing consumer practices; providing

24         rulemaking authority; reenacting and amending

25         s. 246.085, F.S.; authorizing certain

26         institutions to be excluded from the

27         jurisdiction of the commission; providing for

28         verification of such an institution's status;

29         authorizing certain statements to verify

30         status; repealing s. 246.087, F.S., relating to

31         licensing requirements; reenacting and amending

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  1         s. 246.091, F.S.; establishing license periods

  2         and renewal requirements; repealing s. 246.093,

  3         F.S., relating to permission to operate an

  4         institution; reenacting and amending s.

  5         246.095, F.S.; requiring that the commission

  6         adopt rules governing fair consumer practices

  7         by institutions; authorizing penalties;

  8         reenacting and amending s. 246.101, F.S.;

  9         conforming provisions relating to fees to

10         changes made by the act; providing for proper

11         accounting of fee revenues; creating s.

12         246.103, F.S.; requiring certain procedural

13         activities related to institutions that cease

14         operations; authorizing certain civil penalties

15         and criminal investigations; requiring student

16         records to become state property under certain

17         conditions; reenacting and amending s. 246.111,

18         F.S.; providing for actions against licensees

19         and other penalties; authorizing the commission

20         to conduct certain investigations; providing

21         for injunctive relief; authorizing cease and

22         desist orders under certain circumstances;

23         authorizing investigations to determine

24         probable cause; requiring the commission to

25         adopt rules for granting review of certain

26         orders; providing for appeals; reenacting and

27         amending s. 246.121, F.S.; restricting the use

28         of the terms "college" and "university" to

29         certain entities; creating s. 246.147, F.S.;

30         authorizing the commission to require certain

31         continuing education and training programs;

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  1         repealing ss. 246.131, 246.141, 246.151,

  2         246.201, 246.203, 246.205, 246.207, 246.211,

  3         246.213, 246.215, 246.216, 246.217, 246.219,

  4         246.220, 246.222, 246.2235, 246.225, 246.226,

  5         246.2265, 246.227, 246.228, 246.229, 246.231,

  6         246.232, 246.31, 246.50, F.S.; relating to

  7         injunctive relief and penalties, provisions

  8         establishing and governing the State Board of

  9         Nonpublic Career Education, the Institutional

10         Assessment Trust Fund, and the Certified

11         Teacher-Aide Welfare Transition Program;

12         providing an effective date.

13

14  Be It Enacted by the Legislature of the State of Florida:

15

16         Section 1.  Notwithstanding subsection (7) of section 3

17  of chapter 2000-321, Laws of Florida, section 246.011, Florida

18  Statutes, shall not stand repealed on January 7, 2003, but

19  that section is reenacted and amended to read:

20         246.011  Purpose.--

21         (1)  The Legislature encourages privately supported

22  higher education and intends to aid in protecting the

23  integrity of degrees conferred by privately supported

24  colleges.  Sections 246.011-246.151 are intended to aid in

25  protecting the health, education, and welfare of persons who

26  receive educational services from independent postsecondary

27  educational institutions and degrees from nonpublic colleges

28  in this state; to aid in protecting employers and others who

29  depend upon people whose educational credentials are from

30  independent postsecondary educational institutions nonpublic

31  colleges in this state; and to aid in protecting independent

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  1  postsecondary educational institutions nonpublic colleges that

  2  currently operate or intend to begin operating in this state.

  3  The Legislature finds that both individuals and independent

  4  postsecondary educational institutions colleges benefit from a

  5  state system that assures that all institutions nonpublic

  6  colleges satisfactorily meet minimum educational standards.

  7  The Legislature further recognizes the role of federally

  8  recognized regional accrediting associations in setting

  9  standards for independent postsecondary educational

10  institutions colleges and universities and encourages the use

11  of recognized accreditation the standards of regional

12  accrediting associations as general guidelines for the

13  licensure licensing of independent postsecondary educational

14  institutions nonpublic colleges.

15         (2)  The Legislature recognizes that a degree, diploma,

16  or other educational credential serves several purposes.

17  Employers rely upon a person's educational credentials degree

18  in judging that person's individual's qualifications for

19  employment.  Educators rely upon a person's educational

20  credentials degree to assess the adequacy of that person's

21  individual's preparation for the pursuit of further education.

22  Therefore, the Legislature intends that the provisions of this

23  chapter ss. 246.011-246.151 aid in protecting the integrity of

24  degrees, diplomas, and other educational credentials degrees

25  offered by independent postsecondary educational institutions

26  nonpublic colleges by providing for the evaluation of minimum

27  educational requirements.

28         (3)  It is the intent of the Legislature that a

29  nonpublic college which offers both degrees and vocational

30  certificates or diplomas shall be subject to the rules of the

31  State Board of Independent Colleges and Universities as

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  1  provided by ss. 246.011-246.151 and the State Board of

  2  Nonpublic Career Education as provided by ss. 246.201-246.231.

  3         (3)(4)  It is the intent of The Legislature intends to

  4  prohibit the granting of false or misleading educational

  5  credentials and to prohibit misleading literature,

  6  advertising, solicitation, or representations by independent

  7  postsecondary educational institutions nonpublic colleges or

  8  their agents.

  9         Section 2.  Notwithstanding subsection (7) of section 3

10  of chapter 2000-321, Laws of Florida, section 246.013, Florida

11  Statutes, shall not stand repealed on January 7, 2003, but

12  that section is reenacted and amended to read:

13         246.013  Participation in the common course designation

14  and numbering system.--

15         (1)  Licensed independent postsecondary educational

16  institutions that are institutionally Nonpublic colleges and

17  schools that have been issued a regular license pursuant to s.

18  246.081(2), or nonpublic postsecondary colleges that are

19  exempt from state licensure pursuant to s. 246.085(1)(a) and

20  that are fully accredited by an a regional or national

21  accrediting agency recognized by the United States Department

22  of Education to provide resident instruction, may participate

23  in the common course designation and numbering system pursuant

24  to s. 229.551. Participating colleges and schools shall bear

25  the costs associated with inclusion in the system and shall

26  meet the terms and conditions for institutional participation

27  in the system. The department shall adopt a fee schedule that

28  includes the expenses incurred through data processing,

29  faculty task force travel and per diem, and staff and clerical

30  support time. The Such fee schedule may differentiate between

31  the costs associated with initial course inclusion in the

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  1  system and costs associated with subsequent course maintenance

  2  in the system. A nonprofit institution that is eligible to

  3  participate in the common course numbering and designation

  4  system is not required to pay the costs associated with

  5  participation. Fees collected for participation in the common

  6  course designation and numbering system shall be deposited in

  7  the Institutional Assessment Trust Fund. Decisions regarding

  8  initial course inclusion and subsequent course maintenance

  9  must be made within 360 days after submission of the required

10  materials and fees by the institution. The Department of

11  Education may select a date by which institutions colleges

12  must submit requests for new courses to be included, and may

13  delay review of courses submitted after that date until the

14  next year's cycle. Any college that currently participates in

15  the system, and that participated in the system prior to July

16  1, 1986, shall not be required to pay the costs associated

17  with initial course inclusion in the system. Fees collected

18  for participation in the common course designation and

19  numbering system pursuant to the provisions of this section

20  shall be deposited in the Institutional Assessment Trust Fund

21  created by s. 246.31. Any nonpublic, nonprofit college or

22  university that is eligible to participate in the common

23  course designation and numbering system shall not be required

24  to pay the costs associated with participation in the system.

25         (2)  An independent postsecondary educational

26  institution may not No college or school shall record student

27  transcripts or document courses offered by the college or

28  school in accordance with this section unless the college or

29  school is actually participating in the system pursuant to

30  rules of the State Board of Education.  Any independent

31  postsecondary educational institution that violates college or

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  1  school deemed to be in violation of this section is subject to

  2  actions against its license as authorized by law shall be

  3  subject to the provisions of s. 246.111 or s. 246.228.

  4         Section 3.  Notwithstanding subsection (7) of section 3

  5  of chapter 2000-321, Laws of Florida, section 246.021, Florida

  6  Statutes, shall not stand repealed on January 7, 2003, but

  7  that section is reenacted and amended to read:

  8         (Substantial rewording of section. See

  9         s. 246.021, F.S., for present text.)

10         246.021  Definitions.--As used in this chapter, the

11  term:

12         (1)  "Accreditation" means accredited status awarded to

13  an institution by an accrediting agency or association that is

14  recognized by the United States Department of Education and

15  that has standards comparable to the minimum standards

16  required to operate an educational institution at that level

17  in this state.

18         (2)  "Agent" means a person who is employed by an

19  independent postsecondary educational institution under the

20  jurisdiction of the Commission for Independent Education, or

21  by an out-of-state independent postsecondary educational

22  institution, and who secures an application or accepts payment

23  of fees from prospective students for the institution at any

24  place other than the legal place of business of the

25  institution.

26         (3)  "Avocational" means a course or program the

27  objective of which is not occupational but is only for

28  personal enrichment or enjoyment. To be classified as

29  avocational, a program must:

30         (a)  Prior to enrollment, provide to each enrollee, and

31  maintain a record copy of, a written statement that includes

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  1  the following or substantially similar language: "This program

  2  is not designed or intended to qualify its participants and

  3  graduates for employment. It is intended solely for the

  4  avocation, personal enrichment, and enjoyment of its

  5  participants."

  6         (b)  Not make any other verbal or written statement

  7  that negates the required written statement by stating or

  8  implying that people who enroll in or complete the program

  9  have a more substantial likelihood of obtaining employment in

10  the field to which the training pertains than people who do

11  not.

12         (4)  "College" or "university" means any incorporated

13  postsecondary educational entity, and its additional

14  locations, offering a substantially complete program that

15  confers or offers to confer at least an associate degree

16  requiring at least 15 semester hours or the equivalent of

17  general education, or that furnishes or offers to furnish

18  instruction leading toward, or prerequisite to, college

19  credit. The terms include any college-credit-granting

20  independent educational institution that is chartered in this

21  state and any center or branch campus within this state of an

22  out-of-state institution at the college-credit level.

23         (5)  "Commission" or "board" means the Commission for

24  Independent Education.

25         (6)  "Contract training" means instruction or training

26  provided through a written contract with an independent

27  contractor whose fees and any other charges are entirely paid

28  by a company, trade or professional association, or group of

29  employers to provide the instruction exclusively to bona fide

30  employees of the entity that engaged the contractor. The term

31

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  1  applies only when those receiving training are selected by

  2  their employer and are not recruited by the contractor.

  3         (7)  "Degree" means any educational credential that is

  4  generally taken to signify satisfactory completion of the

  5  requirements of an undergraduate, graduate, academic,

  6  educational, or professional program of study or any honorary

  7  credential conferred for meritorious recognition. At the

  8  undergraduate level, an institution may not award a degree for

  9  a program unless it includes a general education component as

10  established by rule and at least 60 semester hours or 90

11  quarter hours of study or the equivalent.

12         (8)  "Diploma" means a credential that is not a degree

13  but is any of the following: a certificate, transcript,

14  report, document, or title; a designation, mark, or

15  appellation; or a series of letters, numbers, or words that

16  generally are taken to signify satisfactory completion of the

17  requirements of an educational, technical, or vocational

18  program of study or training or course of study.

19         (9)  "Examination preparation course" means a course or

20  program that does not offer to confer a diploma, that is

21  offered by a person or entity that discloses in all

22  advertising that the course or program is for test

23  preparation, and that does not include any expression or

24  implication in writing or orally regarding salaries, job

25  placement, or career advancement.

26         (10)  "Governmental" means an institution provided,

27  operated, and supported by a federal, state, or county

28  government or any of its political subdivisions.

29         (11)  "Independent postsecondary educational

30  institution" means any postsecondary educational institution

31  that operates in this state or makes application to operate in

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  1  this state, and is not provided, operated, and supported by

  2  the State of Florida, its political subdivisions, or the

  3  Federal Government.

  4         (12)  "In-service, continuing education, or

  5  professional development" means training provided by:

  6         (a)  A trade or professional association or a group of

  7  employers in the same or related business who offer training

  8  and provide only professional-development programs to bona

  9  fide employees or contractors of an employer who is a member

10  of the association or employers who qualify for membership;

11         (b)  A labor union or group of labor unions that offer

12  training to and trains only those persons who are dues-paying

13  members of the participating labor union;

14         (c)  An independent contractor engaged by the labor

15  union or group of labor unions, by written contract, to

16  provide the training on its behalf exclusively to those who

17  are selected by the labor union or group of labor unions that

18  engaged the contractor and who are dues-paying members of that

19  union; or

20         (d)  A person or entity offering only

21  continuing-education programs to persons who engage in an

22  occupation or profession whose practitioners are subject to

23  licensure, certification, or registration by a state agency

24  that recognizes the programs for continuing-education purposes

25  and provides a written statement of the recognition.

26         (13)  "License" means a certificate signifying that an

27  independent postsecondary educational institution meets

28  standards prescribed in statute or rule and is permitted to

29  operate in this state.

30         (14)  "Operating in this state" means any of the

31  following:

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  1         (a)  Maintaining for any purpose related to offering a

  2  degree, diploma, or credit a physical location in this state,

  3  a mailing address in this state, a telephone or facsimile

  4  number in this state, or a mail forwarding service or

  5  telephone answering or relay service in this state or

  6  advertising any such presence; or

  7         (b)  By any means or device, facilitating in this state

  8  any part of a scheme to offer a degree, diploma, or credit, or

  9  any activity connected with the administration, promotion,

10  recruitment, placement, instruction, fee collection or

11  receipt, or any other function of a purported independent

12  postsecondary educational institution, other than periodic and

13  customary contact with the institution's own alumni.

14         (15)  "Out-of-state college" or "out-of-state school"

15  means any independent postsecondary educational institution

16  where the place of instruction, the legal place of residence,

17  or the place of evaluation of instruction or work by

18  correspondence or distance education is not within the legal

19  boundaries of this state.

20         (16)  "School" means any nonpublic postsecondary

21  noncollegiate educational institution, association,

22  corporation, person, partnership, or organization of any type

23  which:

24         (a)  Offers to provide or provides any complete, or

25  substantially complete, postsecondary program of instruction

26  through the student's personal attendance; in the presence of

27  an instructor; in a classroom, clinical, or other practicum

28  setting; or through correspondence or other distance

29  education;

30         (b)  Represents, directly or by implication, that the

31  instruction will qualify the student for employment in an

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  1  occupation for which a degree is not required in order to

  2  practice in this state;

  3         (c)  Receives remuneration from the student or any

  4  other source based on the enrollment of a student or the

  5  number of students enrolled; or

  6         (d)  Offers to award or awards a diploma, regardless of

  7  whether it conducts instruction or receives remuneration.

  8         Section 4.  Notwithstanding subsection (7) of section 3

  9  of chapter 2000-321, Laws of Florida, section 246.031, Florida

10  Statutes, shall not stand repealed on January 7, 2003, but

11  that section is reenacted and amended to read:

12         (Substantial rewording of section. See

13         s. 246.031, F.S., for present text.)

14         246.031  Commission for Independent Education.--

15         (1)  There is established in the Department of

16  Education the Commission for Independent Education. The

17  department shall serve as the administrative agent of the

18  commission by providing services, including payroll,

19  procurement, and legal counsel. The commission shall exercise

20  independently all powers, duties, and functions prescribed by

21  law. The commission shall authorize the granting of diplomas

22  and degrees by any independent postsecondary educational

23  institution under its jurisdiction.

24         (2)  The Commission for Independent Education shall

25  consist of seven members who are residents of this state. The

26  commission shall function in matters concerning independent

27  postsecondary education institutions in consumer protection,

28  program improvement, and licensure for institutions under its

29  purview. The Governor shall appoint the members of the

30  commission who are subject to confirmation by the Senate. The

31  membership of the commission shall consist of:

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  1         (a)  Two representatives of independent colleges or

  2  universities licensed by the commission.

  3         (b)  Two representatives of independent,

  4  nondegree-granting schools licensed by the commission.

  5         (c)  One member from a public school district or

  6  community college who is an administrator of

  7  vocational-technical education.

  8         (d)  Two lay members who are not affiliated with an

  9  independent postsecondary educational institution.

10         (3)  The members of the commission shall be appointed

11  to 3-year terms and until their successors are appointed and

12  qualified. If a vacancy on the commission occurs before the

13  expiration of a term, the Governor shall appoint a successor

14  to serve the unexpired portion of the term.

15         (4)  The commission shall meet at least four times each

16  fiscal year.

17         (5)  Members of the commission are entitled to

18  reimbursement for travel and per diem expenses, as provided in

19  s. 112.061, Florida Statutes, while performing their duties.

20         (6)  Each member is accountable to the Governor for the

21  proper performance of the duties of his or her office. The

22  Governor may remove from office any member for cause.

23         Section 5.  Notwithstanding subsection (7) of section 3

24  of chapter 2000-321, Laws of Florida, section 246.041, Florida

25  Statutes, shall not stand repealed on January 7, 2003, but

26  that section is reenacted and amended to read:

27         246.041  Powers and duties of commission board.--

28         (1)  The commission board shall:

29         (a)  Hold meetings as necessary to administer its

30  duties the provisions of ss. 246.011-246.151.

31

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  1         (b)  Annually select annually a chairperson and a vice

  2  chairperson, appoint and review an executive director, and

  3  authorize the executive director to appoint employees of the

  4  commission.

  5         (c)  Adopt and use an official seal in the

  6  authentication of its acts.

  7         (d)  Make rules for its own governance.

  8         (e)  Adopt rules pursuant to ss. 120.536(1) and 120.54

  9  to implement provisions of law conferring duties upon it.

10         (e)(f)  Authorize an individual, or a designated group

11  of individuals, to represent one or more independent

12  postsecondary educational institutions nonpublic colleges in

13  appearances before the commission board on official matters if

14  each institution college agrees formally to designate the

15  representative individual or group of individuals to represent

16  it.

17         (f)(g)  Administer the provisions of this chapter ss.

18  246.011-246.151. To this end, the commission has the following

19  administrative powers and responsibilities:

20         1.  The commission shall adopt rules pursuant to ss.

21  120.536(1) and 120.54 for the operation and establishment of

22  independent postsecondary educational institutions. The

23  commission shall submit the rules to the State Board of

24  Education for approval or disapproval. If the state board does

25  not act on a rule within 60 days after receiving it, the rule

26  shall be filed immediately with the Department of State.

27         2.  The commission shall expend funds as necessary to

28  assist in the application and enforcement of its powers and

29  duties. The Chief Financial Officer shall pay out all moneys

30  and funds as directed under this chapter upon vouchers

31  approved by the Department of Education for all lawful

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  1  purposes necessary to administering this chapter. The

  2  commission shall make annual reports to the Governor showing

  3  in detail amounts received and all expenditures. All fees,

  4  donations, or other receipts of money shall be paid into the

  5  Institutional Assessment Trust Fund, and the funds

  6  appropriated for the purposes of this chapter shall be from

  7  the Institutional Assessment Trust Fund and other state fund

  8  sources as appropriate, based on an appropriate budget

  9  approved by the commission and submitted to the Legislature

10  through the Governor in accordance with chapter 216. The

11  commission shall include in its annual report to the Governor

12  a statement of its major activities during the period covered

13  by the report.

14         (h)  Appoint, on the recommendation of its chairperson,

15  executives, deputies, clerks, and employees of the board.

16         (g)(i)  Maintain a record of its proceedings.

17         (h)(j)  Cooperate with other state and federal agencies

18  and other nongovernmental agencies in administering its duties

19  the provisions of ss. 246.011-246.151.

20         (k)  Prepare an annual budget.

21         (i)(l)  Cause to be investigated criminal justice

22  information, as defined in s. 943.045, for each owner,

23  administrator, and agent employed by an institution applying

24  for licensure from the commission. Transmit all fees,

25  donations, or other receipts of money through the Department

26  of Education to be deposited in the Institutional Assessment

27  Trust Fund created by s. 246.31.

28         (j)(m)  Transmit to the Governor, the Commissioner of

29  Education, the Speaker of the House of Representatives, and

30  the President of the Senate an annual report. which shall

31  include, but not be limited to:

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  1         1.  An accounting of all funds received and expended.

  2         2.  The number of complaints received, the number of

  3  complaints investigated by the board, and the number of

  4  complaints forwarded to the appropriate accrediting agency for

  5  action, by college and type of complaint. The report shall

  6  include a summary of the actions taken by the accrediting

  7  agency following receipt of the complaint.

  8         3.  The number of findings of probable cause.

  9         4.  A description of disciplinary actions taken, by

10  statutory classification.

11         5.  A description of all administrative hearings and

12  court actions.

13         6.  A description of the board's major activities

14  during the previous year.

15         (k)(n)  Serve as a central agency for collecting and

16  distributing current information regarding institutions

17  colleges licensed by the commission board and colleges granted

18  a certificate of exemption by the board.

19         1.  The board shall annually collect information

20  relating to the college administration, calendar system,

21  admissions requirements, student costs and financial

22  obligations, financial aid information, refund policy,

23  placement services, degree programs, and off-campus academic

24  programs.  To the extent that such information is available in

25  the institution's current catalog, a copy of the catalog

26  accompanied by an index indicating where the information may

27  be found shall be sufficient to demonstrate compliance with

28  this provision.  Financial information of a strictly

29  proprietary, commercial nature is excluded from this

30  requirement.

31

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  1         2.  The board shall annually collect information on

  2  students, faculty, and degrees awarded.  To the extent that

  3  data submitted to the Federal Government for compilation into

  4  the Integrated Postsecondary Education Data System (IPEDS)

  5  provide the information required pursuant to this paragraph,

  6  submission to the board of copies of such reports shall be

  7  sufficient to demonstrate compliance with this provision.

  8         3.  The board shall collect annually from each college

  9  a descriptive inventory of consumer practices including:

10         a.  A description of the college's policies and

11  procedures regarding the recruitment and admission of

12  students.

13         b.  The sources and kinds of student financial

14  assistance available, and the specific manner by which

15  students are informed of their responsibilities with respect

16  to receiving assistance and repaying loans.

17         c.  The placement assistance provided by the college,

18  including any claims concerning job placement rates.

19         d.  All advertising issued on behalf of the college,

20  including copies of all published items.

21         e.  A copy of the college's refund policy.  Such refund

22  policy shall provide students with a minimum of 3 working days

23  from the date a student signs an enrollment contract or

24  financial agreement with a college for the student to cancel

25  the contract and receive a full refund of any tuition or

26  registration fees paid. This provision of the refund policy

27  shall be prominently displayed on the contract form.  The

28  refund policy shall also provide for a full refund of tuition

29  and registration fees paid by the student prior to the

30  commencement of instruction if the student submits a written

31

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  1  request to the institution within 3 working days of the

  2  payment.

  3         f.  Evidence that the college has provided students

  4  with a clear and specific statement regarding the

  5  transferability of credits to and from other colleges.

  6

  7  To the extent that such information is available in the

  8  institution's current catalog, a copy of the catalog

  9  accompanied by an index indicating where the information may

10  be found shall be sufficient to demonstrate compliance with

11  this provision.

12         4.  The board shall annually provide to each college

13  the format, definitions, and instructions for submitting the

14  required information.

15         5.  Each college shall include with the information

16  submitted a letter of certification, signed by its chief

17  administrative officer, affirming that the information

18  submitted is accurate, that the policies reported are provided

19  in writing to all prospective students at least 1 week prior

20  to enrollment or collection of tuition fees, and that the

21  college observes the policies and practices as reported to the

22  board.

23         6.  The board shall include a summary of the

24  information collected in the annual report to the Governor,

25  the Speaker of the House of Representatives, and the President

26  of the Senate.  This information may also be used by the

27  Department of Education for such purposes as statewide master

28  planning, state financial aid programs, and publishing

29  directories; by the Legislature; and to respond to consumer

30  inquiries received by the board.

31

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  1         7.  If a college fails to provide the information

  2  required by the board under this paragraph, the board may

  3  impose a fine for every month the information is not made

  4  available. Repeated failure to supply the information required

  5  by this paragraph or to pay the fines imposed by the board may

  6  result in the revocation of the license or certificate of

  7  exemption.  The board shall adopt rules for these actions.

  8         (l)(o)  Inform independent postsecondary educational

  9  institutions of laws Advise nonpublic colleges of policies

10  adopted by the Legislature and rules adopted by the commission

11  and of their responsibility to follow those laws and rules

12  such policies.

13         (m)(p)  Establish and publicize the procedures for

14  receiving and responding to complaints from students, faculty,

15  and others concerning institutions or programs under the

16  purview of the commission, and keep records of such complaints

17  in order to determine the frequency and nature of complaints

18  with respect to specific institutions of higher education.

19  Forward complaints against colleges which hold a certificate

20  of exemption by virtue of accreditation to the college and

21  appropriate accrediting agency for action. The board shall

22  request that the college and accrediting agency inform the

23  board of any and all actions taken in response to the

24  complaint.

25         (q)  To ensure comparability with licensure standards,

26  review at least biennially the accreditation standards of

27  agencies listed in s. 246.085(1)(a), and upon request and

28  payment of an initial review fee, other accrediting agencies

29  recognized by the United States Department of Education.

30         (r)  Provide information and documentation on an annual

31  basis to the Office of Student Financial Assistance of the

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  1  Department of Education regarding the requirements set forth

  2  for nonpublic colleges in s. 240.605, relating to William L.

  3  Boyd, IV, Florida resident access grants, and s. 240.609,

  4  relating to Florida postsecondary endowment grants.

  5         (s)  Cooperate with the Board of Regents and the

  6  Department of Education, pursuant to s. 240.53, in

  7  establishing one or more approved postdoctoral training

  8  programs to train currently employed college or university

  9  faculty to deliver postsecondary courses, inservice training

10  programs, and technical assistance related to middle childhood

11  education programs.

12         (n)(t)  Provide annually to the Office of State-Funded

13  Student Financial Assistance of the Department of Education

14  information and documentation that which can be used to

15  determine an institution's in determining a college's

16  eligibility to participate in state-funded state student

17  financial assistance programs.

18         (o)(u)  Coordinate and convey annual reports to the

19  Commissioner of Education relating to campus crime statistics,

20  for nonpublic colleges, pursuant to s. 240.2683, and on the

21  assessment of physical plant safety, and the antihazing

22  policies of nonpublic postsecondary educational institutions

23  eligible to receive state-funded student assistance, as

24  required by law pursuant to s. 240.2684.

25         (p)(v)  Appoint a member two representatives to the

26  board of directors of the Florida Education Fund, as required

27  by law pursuant to s. 240.498.

28         (q)(w)  Identify and report to the Office of

29  State-Funded Student Assistance the accrediting associations

30  recognized by the United States Department of Education which

31  have standards that are comparable to the minimum standards

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  1  required to operate an institution at that level in this

  2  state. Affirm, on an annual basis, that all nonpublic colleges

  3  whose students are eligible to receive state student financial

  4  assistance have adopted and implemented a written antihazing

  5  policy, pursuant to s. 240.1325.

  6         (r)  Assure that an institution is not required to

  7  operate without a current license because of the schedule of

  8  commission meetings or application procedures, if the

  9  institution has met the commission's requirements for

10  licensure or license renewal.

11         (2)  The commission board may:

12         (a)  Sue or be sued.

13         (b)  Enter into contracts with the Federal Government,

14  with other departments of the state, or with individuals.

15         (c)  Receive bequests and gifts, subject to any

16  restrictions upon which the commission board and the donor

17  agree.

18         (d)  Appoint standing or special committees to assist

19  it in carrying out its responsibilities. Committees may

20  include members who are not commission members or

21  representatives of licensed postsecondary institutions.

22  developing rules; in determining the qualifications required

23  of a college endeavor; in evaluating applications for

24  temporary, provisional, or regular licensure, certificates of

25  exemption, or requests for authorization; in evaluating

26  reports submitted by colleges; or in legislative or other

27  matters. Special committees may be appointed to advise the

28  board or to conduct onsite evaluation visits at colleges.

29         (e)  Advise the Governor, the Legislature, the State

30  Board of Education, the Council for Education Policy Research

31  and Improvement Postsecondary Education Planning Commission,

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  1  and the Commissioner of Education on issues relating to

  2  private postsecondary education.

  3         (f)  Delegate to the chairperson of the board the

  4  responsibility for signing final orders.

  5         (g)  Following evaluation by the board, recommend to

  6  the Legislature any changes to the accrediting associations

  7  included in s. 246.085(1)(a). Accrediting associations

  8  included in s. 246.085(1)(a) shall be United States Department

  9  of Education recognized accrediting associations whose

10  standards are comparable with state licensing standards.

11         (g)(h)  Assist independent postsecondary educational

12  institutions nonpublic colleges in formulating articulation

13  agreements with public and other independent institutions

14  colleges and universities.

15         (h)  Establish and operate additional offices in the

16  central and southern part of the state if the concentration of

17  licensed institutions renders such an office economically

18  feasible.

19         (i)  Establish and administer the Student Protection

20  Fund as provided by law.

21         Section 6.  Sections 246.051, 246.061, 246.071, Florida

22  Statutes, are repealed.

23         Section 7.  Notwithstanding subsection (7) of section 3

24  of chapter 2000-321, Laws of Florida, section 246.081, Florida

25  Statutes, shall not stand repealed on January 7, 2003, but

26  that section is reenacted and amended to read:

27         (Substantial rewording of section. See

28         s. 246.081, F.S., for present text.)

29         246.081  Licensure of institutions.--

30         (1)  Each college or school operating within this state

31  must obtain licensure from the commission unless the

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  1  institution is not under the commission's purview or

  2  jurisdiction as provided in s. 246.085.

  3         (2)  The commission shall develop minimum standards by

  4  which to evaluate institutions for licensure. These standards

  5  must include at least the institution's name, financial

  6  stability, purpose, administrative organization, admissions

  7  and recruitment, educational programs and curricula,

  8  retention, completion, career placement, faculty, learning

  9  resources, student personnel services, physical plant and

10  facilities, publications, and disclosure statements about the

11  status of the institution with respect to professional

12  certification and licensure. The commission may adopt rules to

13  ensure that institutions licensed under this section meet

14  these standards in ways that are appropriate to achieve the

15  stated intent of this chapter, including provisions for

16  nontraditional or distance education programs and delivery.

17         (3)  The commission shall recognize an institution

18  based on the institution's highest educational offering and

19  shall adopt rules for licensure that include reporting

20  requirements for each level of licensure.

21         (4)  Approved-applicant status shall be extended to all

22  institutions that have submitted a complete application, as

23  defined in rule, for provisional licensure and paid all

24  attendant fees. In granting approved-applicant status, the

25  commission shall provide to commission staff and the

26  institution a list of specific omissions or deficiencies.

27  Institutions granted approved-applicant status may not

28  advertise, offer programs of study, collect tuition or fees,

29  or engage in any other activities not specifically approved by

30  the commission. If the commission, or the commission staff if

31  specifically directed by the commission, determines that the

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  1  omissions or deficiencies have been provided for or corrected,

  2  the institution may be awarded a provisional license.

  3         (5)  Provisional licensure shall be granted to an

  4  applicant for initial licensure for a period not to exceed 1

  5  year when the commission determines that the applicant is in

  6  substantial compliance with the standards for licensure. A

  7  provisional license granted for initial licensure may be

  8  extended for up to 1 additional year. A licensed institution

  9  that has undergone a substantive change, as defined by rule,

10  must be granted a provisional license for a period of time

11  determined by the commission, after which period the

12  institution may apply for a different status. A provisional

13  license may include conditions required by the commission, and

14  all conditions must be met before the institution may receive

15  a different licensure status.

16         (6)  An annual license shall be granted to an

17  institution holding a provisional license, or seeking a

18  renewal of an annual license, upon demonstrating full

19  compliance with licensure standards. An annual license may be

20  extended for up to 1 year if the institution meets the

21  requirements set by rule for such an extension.

22         (7)  An institution may not conduct a program unless

23  specific authority is granted in its license.

24         (8)  A license granted by the commission is not

25  transferable to another institution or to another agent, and

26  an institution's license does not transfer when the

27  institution's ownership changes.

28         (a)  A licensed institution must notify the commission

29  prior to a change of ownership or control. The commission

30  shall adopt procedures for interim executive approval of a

31  change of ownership or control if the next scheduled meeting

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  1  of the commission occurs after the scheduled date of the

  2  change of ownership or control.

  3         (b)  The commission may adopt rules governing changes

  4  of ownership or control.

  5         (9)  An independent postsecondary educational

  6  institution or any person acting on behalf of such an

  7  institution may not publish any advertisement soliciting

  8  students or offering a credential before the institution is

  9  duly licensed by the commission or while the institution is

10  under an injunction against operating, soliciting students, or

11  offering an educational credential.

12         (10)  The commission shall establish minimum standards

13  for the approval of agents. The commission may adopt rules to

14  ensure that licensed agents meet these standards and uphold

15  the intent of this chapter. An agent may not solicit

16  prospective students in this state for enrollment in any

17  independent postsecondary educational institution under the

18  commission's purview or in any out-of-state independent

19  postsecondary educational institution unless the agent has

20  received a license as prescribed by the commission.

21         (11)  A student of a foreign medical school may not

22  engage in a clinical clerkship in this state unless the

23  foreign medical school has received a license, in the case of

24  a core clerkship or an ongoing regular program of clerkships,

25  or has received individual approval, in the case of an

26  occasional elective clerkship. The commission may adopt rules

27  to administer this subsection.

28         (12)  The granting of a license is not an

29  accreditation.

30

31

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  1         (13)  As a condition of licensure, an independent

  2  college or university must provide the commission with a copy

  3  of its antihazing policy.

  4         Section 8.  Notwithstanding subsection (7) of section 3

  5  of chapter 2000-321, Laws of Florida, section 246.084, Florida

  6  Statutes, shall not stand repealed on January 7, 2003, but

  7  that section is reenacted and amended to read:

  8         (Substantial rewording of section. See

  9         s. 246.084, F.S., for present text.)

10         246.084  Licensure by means of accreditation.--

11         (1)  An independent postsecondary educational

12  institution that meets the following criteria may apply for a

13  license by means of accreditation from the commission:

14         (a)  The institution has operated legally in this state

15  for at least 5 consecutive years.

16         (b)  The institution holds institutional accreditation

17  by an accrediting agency evaluated and approved by the

18  commission as having standards substantially equivalent to the

19  commission's licensure standards.

20         (c)  The institution has no unresolved complaints or

21  actions in the past 12 months.

22         (d)  The institution meets minimum requirements for

23  financial responsibility as determined by the commission.

24         (e)  The institution is a Florida corporation.

25         (2)  An institution that was exempt from licensure in

26  2001 under s. 246.085(1)(a) may retain an exemption until the

27  commission issues it a license by means of accreditation as

28  provided in this section.

29         (3)  The commission may not require an institution

30  granted a license by means of accreditation to submit reports

31  that differ from the reports required by its accrediting

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  1  association, except that each institution must file with the

  2  commission an annual audit and follow the commission's

  3  requirements for orderly closing, including provisions for

  4  trainout or refunds and arranging for the proper disposition

  5  of student and institutional records.

  6         (4)  An institution granted a license by means of

  7  accreditation must apply for and receive another level of

  8  licensure before the institution may offer courses or programs

  9  that exceed the scope or level of its accreditation.

10         (5)  Institutions granted a license by means of

11  accreditation must comply with the standards of fair consumer

12  practices as established in rule by the commission.

13         (6)  A license by means of accreditation is valid for

14  the same period as the qualifying grant of accreditation.

15         (7)  A license by means of accreditation may be denied,

16  placed on probation, or revoked for repeated failure to comply

17  with the requirements of this section. The commission shall

18  adopt rules for these actions. Revocation or denial of a

19  license by means of accreditation requires that the

20  institution immediately obtain an annual license.

21         Section 9.  Notwithstanding subsection (7) of section 3

22  of chapter 2000-321, Laws of Florida, section 246.085, Florida

23  Statutes, shall not stand repealed on January 7, 2003, but

24  that section is reenacted and amended to read:

25         (Substantial rewording of section. See

26         s. 246.085, F.S., for present text.)

27         246.085  Institutions not under the jurisdiction or

28  purview of the commission.--The following institutions are not

29  under the jurisdiction or purview of the commission and are

30  not required to obtain licensure:

31

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  1         (1)  Any postsecondary educational institution

  2  provided, operated, or supported by this state, its political

  3  subdivisions, or the Federal Government.

  4         (2)  Any college, school, or course licensed or

  5  approved for establishment and operation under part I of

  6  chapter 464, chapter 466, or chapter 475, or any other chapter

  7  of the Florida Statutes requiring licensing or approval as

  8  defined in this chapter.

  9         (3)  Any institution that is under the jurisdiction of

10  the Division of Colleges and Universities of the Department of

11  Education, whose students are eligible for the William L.

12  Boyd, IV, Florida Resident Access Grant, and that is a

13  nonprofit independent college or university located and

14  chartered in this state and accredited by the Commission on

15  Colleges of the Southern Association of Colleges and Schools

16  to grant baccalaureate degrees.

17         (4)  Any institution that offers only avocational

18  programs or courses, examination-preparation programs or

19  courses, contract training programs or courses, continuing

20  education, or professional-development programs or courses.

21         (5)  Any institution that was exempt from licensure in

22  2001 under s. 246.085(1)(b) as long as it maintains these

23  qualifying criteria: the institution is incorporated in this

24  state, the institution's credits or degrees are accepted for

25  credit by at least three colleges that are fully accredited by

26  an agency recognized by the United States Department of

27  Education, the institution was exempt under that category

28  prior to July 1, 1982, and the institution does not enroll any

29  students who receive state or federal financial aid for

30  education. Such an institution shall notify the commission and

31  apply for licensure if it no longer meets these criteria.

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  1         (6)  A religious college may operate without

  2  governmental oversight if the college annually verifies by

  3  sworn affidavit to the commission that:

  4         (a)  The name of the institution includes a religious

  5  modifier or the name of a religious patriarch, saint, person,

  6  or symbol of the church.

  7         (b)  The institution offers only educational programs

  8  that prepare students for religious vocations as ministers,

  9  professionals, or laypersons in the categories of ministry,

10  counseling, theology, education, administration, music, fine

11  arts, media communications, or social work.

12         (c)  The titles of degrees issued by the institution

13  cannot be confused with secular degree titles. For this

14  purpose, each degree title must include a religious modifier

15  that immediately precedes, or is included within, any of the

16  following degrees: Associate of Arts, Associate of Science,

17  Bachelor of Arts, Bachelor of Science, Master of Arts, Master

18  of Science, Doctor of Philosophy, and Doctor of Education. The

19  religious modifier must be placed on the title line of the

20  degree and on the transcript.

21         (d)  The duration of all degree programs offered by the

22  institution is consistent with the standards of the

23  commission.

24         (e)  The institution's consumer practices are

25  consistent with those required of licensed institutions.

26

27  The commission may provide such a religious institution a

28  letter stating that the institution has met the requirements

29  of state law and is not subject to governmental oversight.

30         Section 10.  Section 246.087, Florida Statutes, is

31  repealed.

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  1         Section 11.  Notwithstanding subsection (7) of section

  2  3 of chapter 2000-321, Laws of Florida, section 246.091,

  3  Florida Statutes, shall not stand repealed on January 7, 2003,

  4  but that section is reenacted and amended to read:

  5         (Substantial rewording of section. See

  6         s. 246.091, F.S., for present text.)

  7         246.091  License period and renewal.--

  8         (1)  As required by rule, the commission shall

  9  periodically review each license to determine if the

10  institution is in compliance with this chapter and should have

11  its license renewed. The commission may extend an annual or

12  provisional license if a good-faith effort has been made by

13  the institution and agent. The commission shall determine what

14  constitutes compliance or a good-faith effort and may adopt

15  rules to administer this section.

16         (2)  A licensed independent postsecondary educational

17  institution that seeks to expand or modify its programs or

18  degrees to be conferred or to add new locations must seek

19  prior approval from the commission. The commission shall adopt

20  rules for the approval of modified or additional programs,

21  degrees, and locations.

22         (3)  On the effective date of this act, an institution

23  that, in 2002, held the status of "Permission to Operate"

24  under s. 246.093, has 90 days to seek and obtain licensure

25  from the commission. Ninety days after this act takes effect,

26  that status no longer authorizes an institution to operate in

27  Florida.

28         Section 12.  Section 246.093, Florida Statutes, is

29  repealed.

30         Section 13.  Notwithstanding subsection (7) of section

31  3 of chapter 2000-321, Laws of Florida, section 246.095,

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  1  Florida Statutes, shall not stand repealed on January 7, 2003,

  2  but that section is reenacted and amended to read:

  3         (Substantial rewording of section. See

  4         s. 246.095, F.S., for present text.)

  5         246.095  Fair consumer practices; condition of

  6  operation.--The commission shall adopt rules to ensure the

  7  protection of students, including rules establishing fair

  8  consumer practices.

  9         (1)  The commission may not grant or renew a license

10  unless the institution seeking the action provides the

11  commission with a sworn statement of compliance with rules

12  regarding fair consumer practices.

13         (2)  The commission may examine any complaint against

14  an institution under its jurisdiction and, if the institution

15  is found to be routinely handling these matters correctly, the

16  complaint shall be considered closed.  Complaints under this

17  section against accredited institutions, if not resolved,

18  shall be forwarded to the accrediting agency for any

19  appropriate action. The institution shall notify the

20  commission of any and all actions taken by the accrediting

21  agency in response to the complaint.

22         (3)  Failure to comply with this section is cause for

23  denial or revocation of a license.

24         Section 14.  Notwithstanding subsection (7) of section

25  3 of chapter 2000-321, Laws of Florida, section 246.101,

26  Florida Statutes, shall not stand repealed on January 7, 2003,

27  but that section is reenacted and amended to read:

28         246.101  Fees.--

29         (1)  The Commission for Independent Education State

30  Board of Independent Colleges and Universities shall annually

31

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  1  establish a fee schedule to generate, from fees, the amount of

  2  revenue appropriated for its the operation of the board.

  3         (2)  The commission Beginning with the 1993-1994 fiscal

  4  year, the board shall include, as a part of its legislative

  5  budget request, a proposed fee schedule to generate the

  6  appropriated fee revenue required in the appropriations act.

  7  The commission board may adjust the fee amounts amount of a

  8  college's fee as necessary to generate the fee revenue

  9  required in the appropriations act but. However, the board may

10  not add fee categories without the Legislature's approval. any

11  category of fee that was not included in the legislative

12  budget request.  In the absence of legislative action to the

13  contrary, The proposed fee schedule shall go into effect as

14  proposed in the board's legislative budget request takes

15  effect unless the Legislature requires changes.

16         (3)  The commission shall charge each licensed

17  institution a base fee to cover the cost of routine services

18  of the board, such as data collection and dissemination, shall

19  be supported through a base fee. Nonpublic colleges operating

20  pursuant to s. 246.084 are not required to pay the base fee.

21  The base fee applies to all other nonpublic colleges. The base

22  fee may be higher for institutions with a large enrollment but

23  board may adjust the fee based on the enrollment of the

24  college.  However, the fee assessed to the largest college may

25  not exceed one-half of 1 percent of the amount appropriated

26  for the commission board or $1,500, whichever is less.  The

27  fee assessed to the largest college may not exceed three times

28  the amount of the fee assessed to the smallest college.

29         (4)  The commission board shall assess workload fees to

30  institutions for specific services that defray the cost of

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  1  workload for board activities that are specific to certain

  2  colleges.  Such workload activities must relate to:

  3         (a)  Licensure.

  4         (b)  Annual reviews.

  5         (c)  Special reviews.

  6         (d)  Site visits.

  7         (e)  Resolution of complaints for violation of fair

  8  consumer practices.

  9         (f)  Approval to operate in Florida without offering

10  educational programs.

11         (f)(g)  Approval to use the term "college" or

12  "university."

13         (g)(h)  Review and collection of data submitted by

14  institutions not under the commission's jurisdiction if data

15  must be reviewed or other expenses are incurred in verifying

16  that an institution retains that status. The commission may

17  delegate this responsibility and authorize payment of the

18  workload fee to another party if it determines that the

19  institution prefers to work with the other party and that the

20  other party has the required expertise to conduct the review.

21  pursuant to s. 246.084 when the review and collection is

22  performed by the board.

23         (h)(i)  Other workload activities as allowed by law

24  approved by the Legislature.

25         (5)  The commission board may assess any college late

26  fees for an institution's failure to timely submit required

27  materials.

28         (6)  If the board collects fee revenues of more than

29  120 percent of the appropriated fee revenue requirements for

30  the fiscal year, the board shall use the collections in excess

31  of 120 percent to provide a credit against the base fee

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  1  assessed to all renewing institutions for the following year.

  2  The credit shall be prorated on the base fee payments by

  3  colleges for the prior year, exclusive of any related fee.

  4         (6)(7)  All fees shall be submitted through the

  5  Department of Education to the Chief Financial Officer

  6  Treasurer, to be deposited in the Institutional Assessment

  7  Trust Fund created by s. 246.31.

  8         (7)(8)  All fees authorized in this section are to be

  9  collected are considered to be administrative fees and are not

10  shall not be refundable unless paid in error. The commission

11  may deduct from an institution's future fee collection any

12  unintentional overpayment.

13         Section 15.  Section 246.103, Florida Statutes, is

14  created to read:

15         246.103 Institutional closings.--

16         (1)  The Legislature intends to protect students and

17  the independent sector of postsecondary education from the

18  detriment caused by licensed institutions that cease operation

19  without providing for the proper completion of student

20  training or for the appropriate refund of student fees. To

21  serve this intention, the Commission for Independent Education

22  may prevent the operation in this state of a licensed

23  independent postsecondary educational institution by an owner

24  who has unlawfully closed another institution and the

25  commission may exercise control over student records upon

26  closure of a licensed institution if the institution does not

27  provide an orderly closure.

28         (2)  At least 30 days prior to closing an institution,

29  its owners, directors, or administrators shall notify the

30  commission in writing of the closure of the institution. The

31  owners, directors, and administrators must organize an orderly

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  1  closure of the institution, which means at least providing for

  2  the completion of training of its students. The commission

  3  must approve any such plan. An owner, director, or

  4  administrator who fails to notify the commission at least 30

  5  days prior to the institution's closure, or who fails to

  6  organize the orderly closure of the institution and the

  7  trainout of the students, commits a felony of the third

  8  degree, punishable as provided in s. 775.082 or s. 775.083.

  9         (3)  If the commission finds that an institution has

10  ceased operating without providing for the proper access to

11  student records, the commission may require the institution to

12  convey all student records to the commission office or to

13  another location designated by the commission or its staff.

14  The commission shall make copies of records available to

15  bankruptcy trustees upon request and to the student or those

16  designated by the student. Confidentiality of the records

17  shall be maintained to the extent required by law. The

18  commission may seek civil penalties not to exceed $10,000 from

19  any owner, director, or administrator of an institution who

20  knowingly destroys, abandons, or fails to convey or provide

21  for the safekeeping of institutional and student records. The

22  commission may use moneys in the Student Protection Fund to

23  facilitate the retrieval or safekeeping of records from an

24  institution that has closed.

25         (4)  The commission may refer matters it deems

26  appropriate to the Department of Legal Affairs or the state

27  attorney for investigation and prosecution.

28         Section 16.  Notwithstanding subsection (7) of section

29  3 of chapter 2000-321, Laws of Florida, section 246.111,

30  Florida Statutes, shall not stand repealed on January 7, 2003,

31  but that section is reenacted and amended to read:

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  1         (Substantial rewording of section. See

  2         s. 246.111, F.S., for present text.)

  3         246.111  Actions against a licensee and other

  4  penalties.--

  5         (1)  The commission may deny, place on probation, or

  6  revoke any provisional license, annual license, licence by

  7  means of accreditation, agent's license, or other

  8  authorization required by this chapter. The commission shall

  9  adopt rules for taking these actions. The commission may

10  impose an administrative fine of not more than $5,000 if an

11  institution is on probation for a period under conditions that

12  require oversight by the commission or its staff. The fine

13  shall be deposited into the Institutional Assessment Trust

14  Fund.

15         (2)  The commission may conduct an investigation to

16  determine if an applicant for a new institutional license, or

17  the owners, directors, or administrators of the institution,

18  previously closed an institution, failed to arrange for

19  completion of student training or issue appropriate refunds,

20  or had its license to operate an institution revoked or denied

21  in this state or in another state or jurisdiction.

22         (3)  Any person who has been convicted of, or entered a

23  plea of guilty or nolo contendere to, a crime that relates to

24  the unlawful operation or management of an institution is

25  ineligible to own, operate, manage, or be a registered agent

26  for a licensed institution in this state, and may not be a

27  director or an officer in a corporation that owns or operates

28  a licensed institution. Such a person may not operate or serve

29  in a management or supervisory position in a licensed

30  institution.

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  1         (4)  The commission may deny an application for any

  2  operating status if the commission determines that the

  3  applicant or its owners, officers, directors, or

  4  administrators were previously operating an institution in

  5  this state or in another state or jurisdiction in a manner

  6  contrary to the health, education, or welfare of the public.

  7  The commission may consider factors such as the previous

  8  denial or revocation of an institutional license; prior

  9  criminal or civil administrative proceedings regarding the

10  operation and management of an institution; other types of

11  criminal proceedings involving fraud, deceit, dishonesty, or

12  moral turpitude; failure of the institution to be properly

13  closed, including completing the training or providing for the

14  trainout of its students; and failure to issue appropriate

15  refunds. The commission may require an applicant or its

16  owners, officers, directors, or administrators to provide the

17  commission with information under oath regarding the prior

18  operation of an institution and to provide criminal justice

19  information, the cost of which must be borne by the applicant

20  in addition to license fees.

21         (5)  The commission may obtain an injunction or take

22  any action it deems necessary against any institution or agent

23  in violation of this chapter, but such proceedings and orders

24  do not bar the imposition of any other penalties that may be

25  imposed for the violation.

26         (6)  The commission may conduct disciplinary

27  proceedings through an investigation of any suspected

28  violation of this chapter, including a finding of probable

29  cause and making reports to any law enforcement agency or

30  regulatory agency.

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  1         (a)  The commission shall notify an institution or

  2  individual of the substance of any complaint that is under

  3  investigation unless the executive director and chairperson of

  4  the board concur that notification would impede the

  5  investigation. The board may also withhold notification to a

  6  person under investigation for an act that constitutes a

  7  criminal offense. The complaint and all information obtained

  8  by the board during the resulting investigation is

  9  confidential and exempt from s. 119.07(1) for a maximum of 10

10  days after the probable-cause panel declares a finding of

11  probable cause.

12         (b)  The determination of probable cause shall be made

13  by a majority vote of the probable-cause panel, the membership

14  of which shall be provided by rule. The proceedings of the

15  panel are exempt from ss. 120.525 and 286.011 until the panel

16  declares a finding of probable cause. After the panel declares

17  a finding of probable cause, the commission may issue an

18  administrative complaint and prosecute such complaint under

19  chapter 120.

20         (c)  A privilege against civil liability is granted to

21  any informant or any witness who provides information in good

22  faith for an investigation or proceeding conducted under this

23  section.

24         (7)  The commission may issue a cease and desist order

25  in conjunction with an administrative complaint or notice of

26  denial of licensure, if necessary to protect the health,

27  safety, or welfare of students, prospective students, or the

28  public. An unlicensed institution that advertises or causes

29  advertisements to be made public through which students are

30  solicited for enrollment or are offered diplomas is in

31  violation of this chapter. The commission shall adopt rules

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  1  that direct the issuance of an injunction against operating,

  2  advertising, or offering diplomas without a license. Each day

  3  of operation after a cease and desist letter is delivered

  4  constitutes a separate violation for purposes of assessing

  5  fines or seeking civil penalties.

  6         (a)  A cease and desist order may be mandatory or

  7  prohibitory in form and may order a postsecondary institution

  8  to cease and desist from specified conduct or from failing to

  9  engage in specified conduct necessary to achieve the

10  regulatory purposes of this chapter.

11         (b)  A cease and desist order may include an order to

12  cease enrollment of students whom the institution cannot

13  adequately serve, to modify curricula or methods of

14  instruction to ensure the education or training of the type

15  and quality represented in the institutional catalog, or to

16  cease from advertising or to publish or broadcast corrective

17  or clarifying advertising to overcome the effects of previous

18  allegedly deceptive or misleading advertising.

19         (c)  A cease and desist order takes effect immediately

20  upon issuance and remains in effect until the commission takes

21  final agency action.

22         (d)  The commission shall adopt rules to direct

23  procedures by which an affected party is entitled to a formal

24  or informal review of a cease and desist order and may request

25  the commission or the Division of Administrative Hearings to

26  modify or abate a cease and desist order. If a party is

27  aggrieved by a cease and desist order after seeking to have

28  the order abated or modified, the party may seek interlocutory

29  judicial review by the appropriate district court of appeal

30  pursuant to the applicable rules of appellate procedure.

31

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  1         (e)  In addition to or in lieu of any remedy provided

  2  in this section, the commission may seek the imposition of a

  3  civil penalty through the circuit court for any violation for

  4  which the commission may issue a notice to cease and desist

  5  under this section.

  6         (8)  The commission shall adopt rules to identify

  7  grounds for imposing disciplinary actions, which must include

  8  at least the following grounds:

  9         (a)  Attempting to obtain action from the commission by

10  fraudulent misrepresentation, bribery, or through an error of

11  the commission.

12         (b)  Action against a license imposed under the

13  authority of another state, territory, or country.

14         (c)  Delegating professional responsibilities to a

15  person who is not qualified by training, experience, or

16  licensure to perform the responsibilities.

17         (d)  False, deceptive, or misleading advertising.

18         (e)  Conspiring to coerce, intimidate, or preclude

19  another licensee from lawfully advertising his or her

20  services.

21         Section 17.  Notwithstanding subsection (7) of section

22  3 of chapter 2000-321, Laws of Florida, section 246.121,

23  Florida Statutes, shall not stand repealed on January 7, 2003,

24  but that section is reenacted and amended to read:

25         246.121  Designation "college" or "university".--

26         (1)  Except as authorized in this section, an entity

27  may not use the word "college" or "university" in its name in

28  this state without the commission's approval, unless the

29  commission determines that its name is clearly and accurately

30  descriptive of the services provided by the entity and is not

31  one that may mislead the public.

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  1         (2)  The following colleges are not required to seek

  2  approval to use the title "college" or "university": The use

  3  of the title "college" or "university" in combination with any

  4  series of letters, numbers, or words is restricted in this

  5  state to colleges as defined in s. 246.021 which offer degrees

  6  as defined in s. 246.021 and fall into at least one of the

  7  following categories:

  8         (a)  Any Florida college legally authorized to grant

  9  degrees, such as a Florida public college, a licensed college,

10  a college that has verified its compliance with Florida law

11  and is not under the jurisdiction of the commission, or an

12  independent college that is under the jurisdiction of the

13  Division of Colleges and Universities. A Florida public

14  college.

15         (b)  A Florida or out-of-state college which has been

16  in active operation and using the name since April 1, 1970.

17         (c)  A college for which the board has issued a

18  license, a certificate of exemption, or an authorization

19  pursuant to the provisions of this chapter.

20         (3)(2)  If a college is legally authorized approved

21  under subsection (1) to use the designation "college" or

22  "university," a branch or extension of that college must may

23  use the name of the parent college, but shall include an

24  indication of the location of the branch or extension.

25         (4)(3)  Any entity offering postsecondary educational

26  courses or programs of study in Florida, whether or not

27  college credit is awarded, shall be subject to the provisions

28  of this section.

29         (4)  An entity shall not use the term "college" or

30  "university" in its name in Florida without approval by the

31  board, unless the board determines that its name is clearly

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  1  and accurately descriptive of the services provided by the

  2  entity and is not one that may mislead the public.

  3         Section 18.  Section 246.147, Florida Statutes, is

  4  created to read:

  5         246.147  Continuing education and training for school

  6  administrators and faculty.--

  7         (1)  In order to ensure that the administrators and

  8  faculty of institutions licensed under this chapter are

  9  qualified to conduct the operations of their respective

10  positions, the commission may require the administrators and

11  faculty to receive continuing education and training as

12  adopted by rule of the commission. The training of each

13  administrator and faculty must be the type of training

14  necessary to assure compliance with statutes and rules of the

15  commission and other state or federal agencies related to the

16  responsibilities of the respective positions.

17         (2)  Each institution shall include in the materials

18  for initial and renewal application evidence of the compliance

19  of administrators and faculty with the continuing education

20  and training requirements established by the commission. Each

21  institution must maintain actual records of the continuing

22  education and training received by administrators and faculty

23  and make the records available for inspection by

24  representatives of the commission at all times.

25         (3)  The commission may establish, as a condition of

26  application for an initial license or renewal of a license,

27  qualifications of administrators and faculty in their

28  respective fields and requirements for continuing education

29  and training.

30         Section 19.  Sections 246.131, 246.141, 246.151,

31  246.201, 246.203, 246.205, 246.207, 246,211, 246.213, 246.215,

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  1  246.216, 246.217, 246.219, 246.220, 246.222, 246.2235,

  2  246.225, 246.226, 246.2265, 246.227, 246.228, 246.229,

  3  246.231, 246.232, 246.31, and 246.50, Florida Statutes, are

  4  repealed.

  5         Section 20.  This act shall take effect January 7,

  6  2003.

  7

  8            *****************************************

  9                          SENATE SUMMARY

10    Revises various provisions of ch. 246, F.S., governing
      nonpublic postsecondary institutions. Provides for a
11    Commission for Independent Education within the
      Department of Education to assume the duties and
12    functions of the current State Board of Independent
      Colleges and Universities. Provides for licensure of
13    nonpublic institutions. Provides certain restrictions on
      the use of the common course numbering and designation
14    system. Requires that licensure be based on the
      institution's highest educational offering. Prohibits
15    certain activities by a nonlicensed institution. Requires
      that an institution adopt antihazing policies. Provides
16    for licensure by means of accreditation. Establishes
      license periods and requirements for renewing a license.
17    Authorizes the commission to impose certain civil
      penalties and institute a criminal investigation.
18    Provides for cease and desist orders. Provides for the
      commission to require continuing education and training
19    programs for administrators and faculty of institutions
      licensed under ch. 246, F.S. (See bill for details.)
20

21

22

23

24

25

26

27

28

29

30

31

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