| 1 | A bill to be entitled |
| 2 | An act relating to the Commission for Independent |
| 3 | Education; amending s. 1005.21, F.S.; revising provisions |
| 4 | relating to the powers and duties of the commission; |
| 5 | revising and increasing commission membership; revising |
| 6 | provisions relating to the administration of the |
| 7 | commission; requiring the Department of Education to |
| 8 | provide the commission certain support services; requiring |
| 9 | the department to provide the commission certain salary |
| 10 | rate and positions; amending s. 1005.22, F.S.; revising |
| 11 | powers and duties of the commission relating to |
| 12 | rulemaking, budget requests, expenditure of funds, and |
| 13 | reporting; providing an effective date. |
| 14 |
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| 15 | Be It Enacted by the Legislature of the State of Florida: |
| 16 |
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| 17 | Section 1. Section 1005.21, Florida Statutes, is amended |
| 18 | to read: |
| 19 | (Substantial rewording of section. See s. |
| 20 | 1005.21, F.S., for present text.) |
| 21 | 1005.21 Commission for Independent Education.-- |
| 22 | (1) The Commission for Independent Education shall |
| 23 | function in matters concerning independent postsecondary |
| 24 | educational institutions in consumer protection, program |
| 25 | improvement, and licensure for institutions under its purview. |
| 26 | The commission shall authorize the granting of diplomas and |
| 27 | degrees by any independent postsecondary educational institution |
| 28 | under its jurisdiction. |
| 29 | (2) The commission shall consist of nine members who are |
| 30 | residents of this state. The Governor shall appoint the members |
| 31 | of the commission subject to confirmation by the Senate. The |
| 32 | membership of the commission shall consist of: |
| 33 | (a) Two members who are either owners or employees of |
| 34 | independent colleges or universities licensed by the commission. |
| 35 | (b) Two members who are either owners or employees of |
| 36 | independent, nondegree-granting schools licensed by the |
| 37 | commission. |
| 38 | (c) One member who is either an owner or employee of an |
| 39 | independent, nonaccredited school licensed by the commission. |
| 40 | (d) One member who is either an owner or employee of an |
| 41 | independent college or school licensed by the commission. |
| 42 | (e) One member from a public school district or community |
| 43 | college who is an administrator of career education. |
| 44 | (f) One representative of a college that meets the |
| 45 | criteria of s. 1005.06(1)(f). |
| 46 | (g) One lay member who is not affiliated with an |
| 47 | independent postsecondary educational institution. |
| 48 | (3) The members of the commission shall be appointed to 3- |
| 49 | year terms and serve until their successors are appointed and |
| 50 | qualified. If a vacancy on the commission occurs before the |
| 51 | expiration of a term, the Governor shall appoint a successor to |
| 52 | serve the unexpired portion of the term. |
| 53 | (4) The commission shall meet at least four times each |
| 54 | fiscal year. |
| 55 | (5) Members of the commission are entitled to |
| 56 | reimbursement for travel and per diem expenses, as provided in |
| 57 | s. 112.061, while performing their duties. |
| 58 | (6) Each member is accountable to the Governor for the |
| 59 | proper performance of the duties of his or her office. The |
| 60 | Governor may remove from office any member for cause. |
| 61 | (7) The commission shall be housed within the Department |
| 62 | of Education for administrative purposes only. |
| 63 | (a) The department shall provide support services for the |
| 64 | commission. At a minimum, the support services provided to the |
| 65 | commission shall include accounting, procurement, legal counsel, |
| 66 | printing, computer and Internet support, personnel and human |
| 67 | resources support, support for accountability initiatives, |
| 68 | support for agency inspector general activities, and |
| 69 | administrative support as needed for trust funds utilized for |
| 70 | commission activities. |
| 71 | (b) The commission shall not be subject to control, |
| 72 | supervision, or direction by the Department of Education in any |
| 73 | manner, including, but not limited to, personnel, procurement, |
| 74 | transactions involving real or personal property, and budgetary |
| 75 | matters, thereby exercising independently all powers, duties, |
| 76 | and functions prescribed by law. |
| 77 | (8) The commission shall appoint, review, and fix the |
| 78 | salary of a person to serve as the executive director and have |
| 79 | sole authority to remove such person at its pleasure. The |
| 80 | executive director shall supervise, direct, coordinate, and |
| 81 | administer all activities necessary to fulfill the commission's |
| 82 | statutory responsibilities and have the authority to hire staff |
| 83 | necessary to assist in fulfilling these responsibilities. The |
| 84 | department shall allocate sufficient salary rate and authorized |
| 85 | positions to the commission to enable the commission to |
| 86 | administer this chapter. |
| 87 | Section 2. Paragraphs (b) and (e) of subsection (1) and |
| 88 | paragraph (e) of subsection (2) of section 1005.22, Florida |
| 89 | Statutes, are amended to read: |
| 90 | 1005.22 Powers and duties of commission.-- |
| 91 | (1) The commission shall: |
| 92 | (b) Annually select a chairperson and a vice chairperson, |
| 93 | appoint and review an executive director, and authorize the |
| 94 | executive director to appoint employees of the commission. |
| 95 | (e) Administer the provisions of this chapter. To this |
| 96 | end, the commission has the following administrative powers and |
| 97 | responsibilities: |
| 98 | 1. The commission is authorized to shall adopt rules |
| 99 | pursuant to ss. 120.536(1) and 120.54 to administer the |
| 100 | provisions of this chapter for the operation and establishment |
| 101 | of independent postsecondary educational institutions. The |
| 102 | commission shall submit the rules to the State Board of |
| 103 | Education for approval or disapproval. If the state board does |
| 104 | not act on a rule within 60 days after receiving it, the rule |
| 105 | shall be filed immediately with the Department of State. |
| 106 | 2. The commission shall prepare a legislative budget |
| 107 | request and submit it through the State Board of Education for |
| 108 | inclusion in the K-20 legislative budget request submit an |
| 109 | annual budget to the State Board of Education. |
| 110 | 3. The commission shall transmit all fees, donations, and |
| 111 | other receipts of money to the Institutional Assessment Trust |
| 112 | Fund. |
| 113 | 4. The commission shall expend funds as necessary to |
| 114 | assist in the application and enforcement of its powers and |
| 115 | duties. The Chief Financial Officer shall pay out all moneys and |
| 116 | funds as directed under this chapter upon vouchers approved by |
| 117 | the executive director of the commission Department of Education |
| 118 | for all lawful purposes necessary to administering this chapter. |
| 119 | The commission shall make annual reports to the Executive Office |
| 120 | of the Governor, the President of the Senate, and the Speaker of |
| 121 | the House of Representatives State Board of Education showing in |
| 122 | detail amounts received and all expenditures. The commission |
| 123 | shall include in its annual report to the State Board of |
| 124 | Education a statement of its major activities during the period |
| 125 | covered by the report. |
| 126 | (2) The commission may: |
| 127 | (e) Advise the Governor, the Legislature, the State Board |
| 128 | of Education, the Council for Education Policy Research and |
| 129 | Improvement, and the Commissioner of Education on issues |
| 130 | relating to private postsecondary education. |
| 131 | Section 3. This act shall take effect July 1, 2007. |