| 1 | A bill to be entitled |
| 2 | An act relating to independent postsecondary educational |
| 3 | institutions; amending s. 1005.02, F.S.; defining the term |
| 4 | "admissions staff"; amending s. 1005.22, F.S.; requiring |
| 5 | the Commission for Independent Education to cause to be |
| 6 | investigated criminal justice information for admissions |
| 7 | staff; requiring investigation for licensure renewal; |
| 8 | amending s. 1005.31, F.S.; requiring the commission to |
| 9 | establish standards for admissions staff; providing a |
| 10 | restriction on the solicitation of prospective students |
| 11 | for enrollment; amending s. 1005.38, F.S.; requiring the |
| 12 | commission to refuse to grant or renew or to revoke an |
| 13 | institutional license for crimes relating to fraudulent |
| 14 | practices or unfair consumer practices; providing for |
| 15 | application; amending s. 744.1083, F.S.; conforming a |
| 16 | cross-reference; providing an effective date. |
| 17 |
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| 18 | Be It Enacted by the Legislature of the State of Florida: |
| 19 |
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| 20 | Section 1. Subsections (2) through (16) of section |
| 21 | 1005.02, Florida Statutes, are renumbered as subsections (3) |
| 22 | through (17), respectively, and a new subsection (2) is added to |
| 23 | that section to read: |
| 24 | 1005.02 Definitions.-As used in this chapter, the term: |
| 25 | (2) "Admissions staff" means any person, including the |
| 26 | admissions director, who is employed by an independent |
| 27 | postsecondary educational institution under the jurisdiction of |
| 28 | the commission or by an out-of-state independent postsecondary |
| 29 | educational institution under the jurisdiction of the commission |
| 30 | and who provides information to prospective students, advises |
| 31 | prospective students in order to secure an application, or |
| 32 | accepts payment of fees from prospective students for the |
| 33 | institution. |
| 34 | Section 2. Paragraph (h) of subsection (1) of section |
| 35 | 1005.22, Florida Statutes, is amended to read: |
| 36 | 1005.22 Powers and duties of commission.- |
| 37 | (1) The commission shall: |
| 38 | (h) Cause to be investigated criminal justice information, |
| 39 | as defined in s. 943.045, for each owner, administrator, |
| 40 | admissions staff, and agent employed by an institution applying |
| 41 | for licensure or licensure renewal from the commission. |
| 42 | Section 3. Subsections (11) through (15) of section |
| 43 | 1005.31, Florida Statutes, are renumbered as subsections (12) |
| 44 | through (16), respectively, and a new subsection (11) is added |
| 45 | to that section to read: |
| 46 | 1005.31 Licensure of institutions.- |
| 47 | (11) The commission shall establish minimum standards |
| 48 | required of admissions staff employed by institutions under its |
| 49 | jurisdiction. The commission may adopt rules to ensure that |
| 50 | admissions staff meet these standards and uphold the intent of |
| 51 | this chapter. The admissions staff of an institution under the |
| 52 | jurisdiction of the commission may not solicit prospective |
| 53 | students in this state for enrollment in the institution unless |
| 54 | the institution has been licensed by the commission. |
| 55 | Section 4. Subsections (3) and (4) of section 1005.38, |
| 56 | Florida Statutes, are amended to read: |
| 57 | 1005.38 Actions against a licensee and other penalties.- |
| 58 | (3)(a) Any person who has been convicted of, or entered a |
| 59 | plea of guilty or nolo contendere to, a crime that relates to |
| 60 | the unlawful operation or management of an institution is |
| 61 | ineligible to own, operate, manage, or be a registered agent for |
| 62 | a licensed institution in this state, and may not be a director |
| 63 | or an officer in a corporation that owns or operates a licensed |
| 64 | institution. Such a person may not operate or serve in a |
| 65 | management or supervisory position in a licensed institution. |
| 66 | (b)1. The commission shall refuse to grant an |
| 67 | institutional license, refuse to renew an existing institutional |
| 68 | license, or revoke an existing institutional license if any of |
| 69 | the applicants, owners, directors, administrators, admissions |
| 70 | staff, or registered agents has been found liable in a civil |
| 71 | action or has been convicted of, or entered a plea of guilty or |
| 72 | nolo contendere to, a crime under chapter 817 or under s. |
| 73 | 1005.04. Any civil or criminal act committed in another state or |
| 74 | under federal law which, if committed in this state, would |
| 75 | constitute an offense under this paragraph is grounds for |
| 76 | refusal to grant or renew or to revoke a license. |
| 77 | 2. The commission shall review each applicant individually |
| 78 | and may grant or renew a license if good cause is shown. |
| 79 | 3. The grounds for refusal to grant or renew or to revoke |
| 80 | a license shall be applied to any disqualifying civil or |
| 81 | criminal history regardless of the date of the commission of the |
| 82 | underlying event. This paragraph shall be applied retroactively |
| 83 | and prospectively. |
| 84 | (4) The commission may deny an application for any |
| 85 | operating status if the commission determines that the applicant |
| 86 | or its owners, officers, directors, admissions staff, or |
| 87 | administrators were previously operating an institution in this |
| 88 | state or in another state or jurisdiction in a manner contrary |
| 89 | to the health, education, or welfare of the public. The |
| 90 | commission may consider factors such as the previous denial or |
| 91 | revocation of an institutional license; prior criminal or civil |
| 92 | administrative proceedings regarding the operation and |
| 93 | management of an institution; other types of criminal |
| 94 | proceedings involving fraud, deceit, dishonesty, or moral |
| 95 | turpitude; failure of the institution to be properly closed, |
| 96 | including completing the training or providing for the trainout |
| 97 | of its students; and failure to issue appropriate refunds. The |
| 98 | commission may require an applicant or its owners, officers, |
| 99 | directors, admissions staff, or administrators to provide the |
| 100 | commission with information under oath regarding the prior |
| 101 | operation of an institution and to provide criminal justice |
| 102 | information, the cost of which must be borne by the applicant in |
| 103 | addition to license fees. |
| 104 | Section 5. Subsection (10) of section 744.1083, Florida |
| 105 | Statutes, is amended to read: |
| 106 | 744.1083 Professional guardian registration.- |
| 107 | (10) A state college or university or an independent |
| 108 | college or university that is located and chartered in Florida, |
| 109 | that is accredited by the Commission on Colleges of the Southern |
| 110 | Association of Colleges and Schools or the Accrediting Council |
| 111 | for Independent Colleges and Schools, and that confers degrees |
| 112 | as defined in s. 1005.02(8)(7) may, but is not required to, |
| 113 | register as a professional guardian under this section. If a |
| 114 | state college or university or independent college or university |
| 115 | elects to register as a professional guardian under this |
| 116 | subsection, the requirements of subsections (3) and (4) do not |
| 117 | apply and the registration must include only the name, address, |
| 118 | and employer identification number of the registrant. |
| 119 | Section 6. This act shall take effect July 1, 2011. |