HB 1501

1	A bill to be entitled
2	An act relating to the Commission for Independent
3	Education; amending ss. 1005.21 and 1005.22, F.S.;
4	revising provisions relating to the administration of the
5	Commission for Independent Education; revising and
6	increasing the commission membership; revising duties of
7	the commission; deleting the requirement for submission of
8	commission rules to the State Board of Education;
9	providing an effective date.
10
11	Be It Enacted by the Legislature of the State of Florida:
12
13	Section 1.  Subsections (1), (2), and (3) of section
14	1005.21, Florida Statutes, are amended, and subsection (7) is
15	added to that section, to read:
16	1005.21  Commission for Independent Education.--
17	(1)  There is created established in the Department of
18	Education the Commission for Independent Education, housed
19	within the Department of Education for administrative purposes
20	only. The department shall serve as the administrative agent of
21	the commission by providing services, including payroll,
22	procurement, and legal counsel. The commission shall be a
23	separate budget entity not subject to control, supervision, or
24	direction by the department in any manner, including, but not
25	limited to, personnel, purchasing, transactions involving real
26	or personal property, and budgetary matters, thereby exercising
27	exercise independently all powers, duties, and functions
28	prescribed by law. The commission shall authorize the granting
29	of diplomas and degrees by any independent postsecondary
30	educational institution under its jurisdiction.
31	(2)  The Commission for Independent Education shall consist
32	of nine seven members who are residents of this state. The
33	commission shall function in matters concerning independent
34	postsecondary educational institutions in consumer protection,
35	program improvement, and licensure for institutions under its
36	purview. The Governor shall appoint the members of the
37	commission who are subject to confirmation by the Senate. The
38	membership of the commission shall consist of:
39	(a)  Two members who are either owners or employees
40	representatives of independent colleges or universities licensed
41	by the commission.
42	(b)  Two members who are either owners or employees
43	representatives of independent, nondegree-granting schools
44	licensed by the commission.
45	(c)  One member who is either an owner or employee of an
46	independent, nonaccredited school licensed by the commission.
47	(d)  Two members who are either owners or employees of
48	independent colleges or schools licensed by the commission.
49	(e)(c)  One member from a public school district or
50	community college who is an administrator of career education.
51	(d)  One representative of a college that meets the
52	criteria of s. 1005.06(1)(f).
53	(f)(e)  One lay member who is not affiliated with an
54	independent postsecondary educational institution.
55	(3)  The members of the commission shall be appointed to 3-
56	year terms and serve until their successors are appointed and
57	qualified. If a vacancy on the commission occurs before the
58	expiration of a term, the Governor shall appoint a successor to
59	serve the unexpired portion of the term.
60	(7)  The commission shall appoint, review, and fix the
61	salary of a person to serve as the executive director and have
62	sole authority to remove such person at its pleasure. The
63	executive director shall supervise, direct, coordinate, and
64	administer all activities necessary to fulfill the commission's
65	statutory responsibilities and have the authority to hire staff
66	necessary to assist in fulfilling these responsibilities.
67	Section 2.  Paragraphs (b) and (e) of subsection (1) and
68	paragraph (e) of subsection (2) of section 1005.22, Florida
69	Statutes, are amended to read:
70	1005.22  Powers and duties of commission.--
71	(1)  The commission shall:
72	(b)  Annually select a chairperson and a vice chairperson,
73	appoint and review an executive director, and authorize the
74	executive director to appoint employees of the commission.
75	(e)  Administer the provisions of this chapter. To this
76	end, the commission has the following administrative powers and
77	responsibilities:
78	1.  The commission shall have the authority to adopt rules
79	pursuant to ss. 120.536(1) and 120.54 to administer the
80	provisions of this chapter for the operation and establishment
81	of independent postsecondary educational institutions. The
82	commission shall submit the rules to the State Board of
83	Education for approval or disapproval. If the state board does
84	not act on a rule within 60 days after receiving it, the rule
85	shall be filed immediately with the Department of State.
86	2.  The commission shall submit an annual budget to the
87	Governor State Board of Education.
88	3.  The commission shall transmit all fees, donations, and
89	other receipts of money to the Institutional Assessment Trust
90	Fund.
91	4.  The commission shall expend funds as necessary to
92	assist in the application and enforcement of its powers and
93	duties. The chief financial officer of the Department of
94	Education Chief Financial Officer shall pay out all moneys and
95	funds as directed under this chapter upon vouchers approved by
96	the executive director of the commission Department of Education
97	for all lawful purposes necessary to administering this chapter.
98	The commission shall make annual reports to the President of the
99	Senate and the Speaker of the House of Representatives State
100	Board of Education showing in detail amounts received and all
101	expenditures. The commission shall include in its annual report
102	to the President of the Senate and the Speaker of the House of
103	Representatives State Board of Education a statement of its
104	major activities during the period covered by the report.
105	(2)  The commission may:
106	(e)  Advise the Governor, the Legislature, the State Board
107	of Education, the Council for Education Policy Research and
108	Improvement, and the Commissioner of Education on issues
109	relating to private postsecondary education.
110	Section 3.  This act shall take effect July 1, 2007.

CODING: Words stricken are deletions; words underlined are additions.