| 1 | A bill to be entitled |
| 2 | An act relating to independent postsecondary education; |
| 3 | amending s. 1005.31, F.S.; providing requirements of |
| 4 | independent postsecondary educational institutions |
| 5 | licensed by the Commission for Independent Education; |
| 6 | providing requirements for an investigative process for |
| 7 | licensure of applicants; revising provisions relating to |
| 8 | applicant status; providing for inspections; creating s. |
| 9 | 1005.375, F.S.; specifying acts that constitute violations |
| 10 | and providing penalties therefor; amending s. 1005.38, |
| 11 | F.S.; providing requirements for investigation of a |
| 12 | suspected violation of the chapter or rules; providing |
| 13 | additional grounds for disciplinary actions; providing for |
| 14 | a final order to dismiss a complaint or impose specified |
| 15 | penalties; providing for imposition and collection of an |
| 16 | assessment relating to investigation and prosecution of a |
| 17 | case; providing for an emergency suspension or restriction |
| 18 | order; creating s. 1005.385, F.S.; requiring the |
| 19 | commission to adopt rules relating to issuance of a |
| 20 | citation to an institution and violations for which a |
| 21 | citation may be issued; specifying requirements for |
| 22 | issuance; amending s. 1010.83, F.S.; providing for the |
| 23 | inclusion in the Institutional Assessment Trust Fund of |
| 24 | fees and fines imposed on institutions; specifying |
| 25 | separate accounts; revising uses of funds in the trust |
| 26 | fund; providing an effective date. |
| 27 |
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| 28 | Be It Enacted by the Legislature of the State of Florida: |
| 29 |
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| 30 | Section 1. Subsections (1) and (4) of section 1005.31, |
| 31 | Florida Statutes, are amended, subsections (6) through (13) are |
| 32 | renumbered as subsections (7) through (14), respectively, and |
| 33 | new subsections (6) and (15) are added to said section, to read: |
| 34 | 1005.31 Licensure of institutions.-- |
| 35 | (1)(a) Each college or school operating within this state |
| 36 | must obtain licensure from the commission unless the institution |
| 37 | is not under the commission's purview or jurisdiction as |
| 38 | provided in s. 1005.06. |
| 39 | (b) Each licensee is solely responsible for notifying the |
| 40 | commission in writing of the licensee's current mailing address |
| 41 | and the location of the institution. A licensee's failure to |
| 42 | notify the commission of a change of address constitutes a |
| 43 | violation of this paragraph, and the licensee may be disciplined |
| 44 | by the commission. Notwithstanding any other provision of law, |
| 45 | service by regular mail to a licensee's last known address of |
| 46 | record with the commission constitutes adequate and sufficient |
| 47 | notice to the licensee for any official communication to the |
| 48 | licensee by the commission. |
| 49 | (4) Approved-applicant status shall be extended to all |
| 50 | institutions that have submitted a complete application, as |
| 51 | defined in rule, for provisional licensure and paid all |
| 52 | attendant fees. An incomplete application shall expire 1 year |
| 53 | after initial filing. In granting approved-applicant status, the |
| 54 | commission shall provide to commission staff and the institution |
| 55 | a list of specific omissions or deficiencies. Institutions |
| 56 | granted approved-applicant status may not advertise, offer |
| 57 | programs of study, collect tuition or fees, or engage in any |
| 58 | other activities not specifically approved by the commission. If |
| 59 | the commission, or the commission staff if specifically directed |
| 60 | by the commission, determines that identified the omissions or |
| 61 | deficiencies have been provided for or corrected, the |
| 62 | institution may be awarded a provisional license. |
| 63 | (6) The commission shall ensure through an investigative |
| 64 | process that applicants for licensure meet the standards as |
| 65 | defined in rule. When the investigative process is not completed |
| 66 | within the time set out in s. 120.60(1) and the commission has |
| 67 | reason to believe that the applicant does not meet licensure |
| 68 | standards, the commission or the executive director of the |
| 69 | commission may issue a 90-day licensure delay, which shall be in |
| 70 | writing and sufficient to notify the applicant of the reason for |
| 71 | the delay. The provisions of this subsection shall control over |
| 72 | any conflicting provisions of s. 120.60(1). |
| 73 | (15) Duly authorized agents and employees of the |
| 74 | commission shall have the power to inspect, in a lawful manner |
| 75 | at all reasonable hours, any applicant for licensure or licensed |
| 76 | independent postsecondary educational institution. |
| 77 | Section 2. Section 1005.375, Florida Statutes, is created |
| 78 | to read: |
| 79 | 1005.375 Violations; penalties.-- |
| 80 | (1) Each of the following acts constitutes a felony of the |
| 81 | third degree, punishable as provided in s. 775.082, s. 775.083, |
| 82 | or s. 775.084: |
| 83 | (a) Operating an independent postsecondary educational |
| 84 | institution without a valid, active license issued pursuant to |
| 85 | this chapter. |
| 86 | (b) Obtaining or attempting to obtain a license to operate |
| 87 | an institution by fraudulent misrepresentation. |
| 88 | (c) Using or attempting to use a license that has been |
| 89 | suspended or revoked. |
| 90 | (2) Each of the following acts constitutes a misdemeanor |
| 91 | of the second degree, punishable as provided in s. 775.082 or s. |
| 92 | 775.083: |
| 93 | (a) Knowingly concealing information relating to |
| 94 | violations of this chapter. |
| 95 | (b) Willfully making any false oath or affirmation when |
| 96 | required to make an oath or affirmation pursuant to this |
| 97 | chapter. |
| 98 | Section 3. Subsections (6) and (8) of section 1005.38, |
| 99 | Florida Statutes, are amended, and subsections (9) through (12) |
| 100 | are added to said section, to read: |
| 101 | 1005.38 Actions against a licensee and other penalties.-- |
| 102 | (6) The commission may conduct disciplinary proceedings |
| 103 | through an investigation of any suspected violation of this |
| 104 | chapter or any rule of the commission, including a finding of |
| 105 | probable cause and making reports to any law enforcement agency |
| 106 | or regulatory agency. |
| 107 | (a) The commission shall cause to be investigated a |
| 108 | suspected violation of any provision of this chapter or any rule |
| 109 | of the commission. Regardless of the source of information |
| 110 | regarding the suspected violation, an investigation may be |
| 111 | continued until it is completed and an investigative report is |
| 112 | presented to a probable cause panel of the commission. |
| 113 | (b)(a) The commission shall notify an institution or |
| 114 | individual of the substance of any complaint that is under |
| 115 | investigation unless the executive director and chairperson of |
| 116 | the commission board concur that notification would impede the |
| 117 | investigation. The commission may also withhold notification to |
| 118 | a person under investigation for an act that constitutes a |
| 119 | criminal offense. |
| 120 | (c)(b) The determination of probable cause shall be made |
| 121 | by a majority vote of the probable cause probable-cause panel, |
| 122 | the membership of which shall be provided by rule. After the |
| 123 | panel declares a finding of probable cause, the commission may |
| 124 | issue an administrative complaint and prosecute such complaint |
| 125 | under chapter 120. |
| 126 | (d)(c) A privilege against civil liability is granted to |
| 127 | any informant or any witness who provides information in good |
| 128 | faith for an investigation or proceeding conducted under this |
| 129 | section. |
| 130 | (e) Upon written request by an informant, the commission |
| 131 | shall notify the informant of the status of an investigation, |
| 132 | civil action, or administrative proceeding. |
| 133 | (8) The commission shall adopt rules to identify grounds |
| 134 | for imposing disciplinary actions for violations of this chapter |
| 135 | or rules of the commission or for denial of a license, which |
| 136 | must include at least the following grounds: |
| 137 | (a) Attempting to obtain action from the commission by |
| 138 | fraudulent misrepresentation, bribery, or through an error of |
| 139 | the commission. |
| 140 | (b) Action against a license or operation imposed under |
| 141 | the authority of another state, territory, or country. |
| 142 | (c) Delegating professional responsibilities to a person |
| 143 | who is not qualified by training, experience, or licensure to |
| 144 | perform the responsibilities. |
| 145 | (d) False, deceptive, or misleading advertising. |
| 146 | (e) Conspiring to coerce, intimidate, or preclude another |
| 147 | licensee from lawfully advertising his or her services. |
| 148 | (f) Violating or repeatedly violating any provision of |
| 149 | this chapter or any rule adopted pursuant thereto. |
| 150 | (g) Operating with a revoked, suspended, or inactive |
| 151 | license. |
| 152 | (h) Violating any lawful order of the commission |
| 153 | previously entered in a disciplinary hearing or failing to |
| 154 | comply with a lawfully issued subpoena. |
| 155 | (9) The commission shall enter a final order either |
| 156 | dismissing a complaint or imposing one or more of the following |
| 157 | penalties for any violation of this chapter or any rule of the |
| 158 | commission: |
| 159 | (a) Denial of an application for licensure. |
| 160 | (b) Revocation or suspension of a license. |
| 161 | (c) Imposition of an administrative fine of no less than |
| 162 | $100 and no more than $5,000 for each count or separate |
| 163 | violation. Such fine shall be deposited in the Institutional |
| 164 | Assessment Trust Fund pursuant to s. 1010.83. |
| 165 | (d) Placement of a licensee on probation for a period of |
| 166 | time and subject to such conditions as the commission may |
| 167 | specify. |
| 168 | (e) Issuance of a written reprimand to an institution. |
| 169 | Such reprimand shall be posted in a prominent place at the |
| 170 | institution for such period of time as the commission may |
| 171 | specify. |
| 172 | (10) In any case in which the commission imposes a fine or |
| 173 | an assessment of costs and the fine or assessment is not paid |
| 174 | within a reasonable time, such reasonable time to be prescribed |
| 175 | in commission rule or in the order assessing such fine or |
| 176 | assessment, the commission or the Department of Legal Affairs |
| 177 | may contract for the collection of, or bring a civil action to |
| 178 | recover, the fine or assessment. |
| 179 | (11) The commission shall not reinstate the license of an |
| 180 | institution, or cause a license to be issued to an institution |
| 181 | it has deemed unqualified, until such time as it is satisfied |
| 182 | that the institution has complied with all the terms and |
| 183 | conditions set forth in the final order. |
| 184 | (12) The commission shall issue an emergency order |
| 185 | suspending or limiting the license of an institution if there is |
| 186 | a finding that an immediate danger to the public health, safety, |
| 187 | or welfare requires emergency action. The executive director of |
| 188 | the commission shall review the matter to determine if the |
| 189 | emergency suspension or restriction order is warranted. Nothing |
| 190 | in this subsection shall be construed to limit the authority of |
| 191 | the executive director to issue an emergency order. |
| 192 | Section 4. Section 1005.385, Florida Statutes, is created |
| 193 | to read: |
| 194 | 1005.385 Authority to issue citations.-- |
| 195 | (1) The commission shall adopt rules to permit the |
| 196 | issuance of citations. A citation shall be issued to an |
| 197 | independent postsecondary educational institution and shall |
| 198 | contain the institution's name and address, the institution's |
| 199 | license number if applicable, a brief factual statement, the |
| 200 | sections of law allegedly violated, and the penalty imposed. A |
| 201 | citation must clearly state that the subject may choose, in lieu |
| 202 | of accepting the citation, to dispute the matter in the citation |
| 203 | and must provide the subject all rights for either an informal |
| 204 | hearing to dispute the facts before the commission or a formal |
| 205 | hearing to dispute the facts before an administrative law judge |
| 206 | from the Division of Administrative Hearings pursuant to chapter |
| 207 | 120. However, if the subject does not dispute the matter in the |
| 208 | citation within 30 days after the citation is served, the |
| 209 | citation becomes a final order and constitutes discipline. The |
| 210 | penalty shall be a fine or other conditions as established by |
| 211 | rule. |
| 212 | (2) The commission shall adopt rules designating |
| 213 | violations for which a citation may be issued. A violation so |
| 214 | designated shall be a violation for which there is no |
| 215 | substantial threat to the public health, safety, or welfare. |
| 216 | (3) The commission shall be entitled to recover the costs |
| 217 | of investigation, in addition to any penalty provided according |
| 218 | to rule, as part of the penalty levied pursuant to a citation. |
| 219 | (4) A citation must be issued within 6 months after the |
| 220 | filing of a complaint that is the basis for the citation. |
| 221 | (5) Service of a citation may be made by personal service |
| 222 | or certified mail, restricted delivery, to the subject at the |
| 223 | subject's last known address of record. |
| 224 | Section 5. Section 1010.83, Florida Statutes, is amended |
| 225 | to read: |
| 226 | 1010.83 Institutional Assessment Trust Fund.-- |
| 227 | (1) Chapter 99-32, Laws of Florida, re-created the |
| 228 | Institutional Assessment Trust Fund to be administered by the |
| 229 | Department of Education pursuant to this section and rules of |
| 230 | the State Board of Education. The trust fund shall consist of |
| 231 | all fees and fines imposed upon nonpublic colleges and schools |
| 232 | pursuant to this chapter and chapter 1005, including all fees |
| 233 | collected from nonpublic colleges and schools for participation |
| 234 | in the Student Protection Fund and the statewide common course |
| 235 | designation and numbering system. The department shall maintain |
| 236 | separate revenue accounts for the operation of the Commission |
| 237 | for Independent Education independent colleges and universities; |
| 238 | the Student Protection Fund nonpublic career education; and the |
| 239 | Department of Education. |
| 240 | (2) Funds from the trust fund shall be used for purposes |
| 241 | including, but not limited to, the following: |
| 242 | (a) Authorized expenses of the Commission for Independent |
| 243 | Education respective boards in carrying out its their required |
| 244 | duties. |
| 245 | (b) Financial assistance programs for students who attend |
| 246 | nonpublic institutions licensed by the board. |
| 247 | (c) Educational programs for the benefit of current and |
| 248 | prospective owners, administrators, agents, authorized groups of |
| 249 | individuals, and faculty of institutions receiving a license, a |
| 250 | certificate of exemption, or an authorization by the board. |
| 251 | (b)(d) Authorized expenses from of the Department of |
| 252 | Education account incurred as a result of the inclusion of |
| 253 | nonpublic colleges in the statewide course numbering system. |
| 254 | (c) Expenses authorized by the Commission for Independent |
| 255 | Education from the Student Protection Fund account to complete |
| 256 | the training of students enrolled in an institution that |
| 257 | terminates a program or ceases operation while the student is |
| 258 | enrolled or to facilitate the retrieval or safekeeping of |
| 259 | records from a closed institution. |
| 260 | (3) The Commission for Independent Education board may |
| 261 | utilize other individuals or entities to administer the programs |
| 262 | authorized in subsection (2). |
| 263 | Section 6. This act shall take effect July 1, 2005. |