Florida Senate - 2017 COMMITTEE AMENDMENT Bill No. SB 668 Ì744338;Î744338 LEGISLATIVE ACTION Senate . House Comm: RCS . 03/27/2017 . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— The Committee on Education (Bean) recommended the following: 1 Senate Amendment (with title amendment) 2 3 Delete everything after the enacting clause 4 and insert: 5 Section 1. Section 1000.35, Florida Statutes, is created to 6 read: 7 1000.35 State Authorization Reciprocity Agreement.— 8 (1) The purpose of this section is to authorize this 9 state’s participation in the State Authorization Reciprocity 10 Agreement (SARA) as established by the Southern Regional 11 Education Board (SREB) and the National Council for State 12 Authorization Reciprocity Agreements (NC-SARA) relative to 13 postsecondary distance education as defined in the SARA. All 14 parties to the SARA must be willing to accept each other’s 15 authorization of accredited institutions to operate in their 16 state to offer distance educational services beyond state 17 boundaries. 18 (2) For purposes of this section, the term: 19 (a) “Commission” means the Commission for Independent 20 Education. 21 (b) “Complaint” means a formal assertion in writing that a 22 person, institution, state, agency, or other entity operating 23 under the SARA has violated the terms of the SARA or the laws, 24 standards, or regulations incorporated therein. 25 (c) “Council” means the Postsecondary Reciprocal Distance 26 Education Coordinating Council, which serves as the single 27 portal entity designated by the state to administer the SARA and 28 serves as the interstate point of contact for SARA-related 29 questions, complaints, and other matters related to the SARA. 30 (d) “Department” means the Department of Education. 31 (e) “Florida SARA institution” means a postsecondary 32 institution in this state approved by the council to participate 33 in the SARA. 34 (f) “Institution” means a public or private postsecondary 35 degree-granting college or university that is accredited by a 36 federally recognized accrediting body and that awards, at a 37 minimum, associate-level degrees requiring at least 2 years of 38 full-time equivalent college work. 39 (g) “Member state” means a state, territory, or district 40 within the United States that has been approved to participate 41 in the SARA. 42 (h) “Non-Florida SARA institution” means an institution 43 approved by a member state other than this state to participate 44 in the SARA. 45 (i) “SREB” means the Southern Regional Education Board. 46 (j) “State Authorization Reciprocity Agreement” or “SARA” 47 means the agreement that establishes reciprocity between member 48 states that accept other member states’ authorization of 49 accredited institutions to operate in their states to offer 50 distance educational services beyond state boundaries pursuant 51 to the terms and conditions set forth in the agreement. 52 (k) “State board” means the State Board of Education. 53 (3) The council is created within the department for the 54 purpose of administering the SARA. The council shall consist of 55 the Chancellor of the State University System, the Chancellor of 56 the Florida College System, the Chancellor of the Division of 57 Career and Adult Education, the executive director of the 58 commission, and the president of the Independent Colleges and 59 Universities of Florida. The commission shall provide 60 administrative support for the council. The council shall: 61 (a) Within 60 days after the effective date of this act, 62 apply for this state to participate as a member of the SARA 63 pursuant to the procedures established by the SREB; 64 (b) Serve as the single portal entity for administration of 65 the SARA; 66 (c) Review and approve applications from institutions in 67 this state to participate in the SARA and establish an appeals 68 process for institutions that are not approved to participate in 69 the SARA; 70 (d) Ensure compliance by Florida SARA institutions with the 71 terms and provisions of the SARA, including, but not limited to, 72 accreditation and institutional quality, consumer information 73 and protection, disclosure and reporting requirements, complaint 74 mechanisms, and financial responsibility; 75 (e) Comply with the terms and provisions of the SARA 76 relating to any member state, Florida SARA institution, or non 77 Florida SARA institution; 78 (f) Comply with the reporting requirements in the SARA and 79 post all such reports on the council’s website; 80 (g) Consistent with the complaint resolution processes in 81 the SARA, develop and administer a complaint resolution process 82 to resolve SARA-related complaints after all complaint processes 83 in place at a Florida SARA institution have been exhausted by 84 the complainant; 85 (h) Delegate any responsibilities, obligations, or 86 authorities necessary for the administration of this state’s 87 participation in the SARA to the commission’s staff; and 88 (i) Recommend rules necessary to administer this section 89 for adoption by the state board. 90 (4) The council shall propose an annual fee schedule and 91 collect fees from each Florida SARA institution. The fees shall 92 be commensurate with the costs incurred by the council and 93 commission to administer the SARA and shall be based on a 94 graduated scale of institutional enrollment. The council shall 95 propose an annual fee schedule to generate the amount of revenue 96 necessary for its operations. The proposed fee schedule shall be 97 submitted to the state board for approval. The department shall 98 include the approved fee schedule in its legislative budget 99 request which takes effect unless revised by the Legislature in 100 the General Appropriations Act. All fees collected pursuant to 101 this subsection shall be submitted through the department to the 102 Chief Financial Officer for deposit into a separate account 103 within the Institutional Assessment Trust Fund. Any fee 104 authorized by the council is nonrefundable unless paid in error. 105 (5) The council may revoke a Florida SARA institution’s 106 approval to participate in the SARA if the council determines 107 such institution is not in compliance with the terms and 108 provisions of the SARA. 109 (6) A Florida SARA institution may withdraw from 110 participation as a Florida SARA institution by submitting notice 111 of its intent to withdraw to the council, which shall become 112 effective at the beginning of the next academic term after 113 receipt of such notice. 114 (7) Decisions of the council are not subject to chapter 115 120. 116 (8) This section does not supersede the requirements in 117 chapter 1005 relating to postsecondary educational institutions 118 under the jurisdiction of the commission. 119 (9) The state board shall adopt rules to implement this 120 section. 121 Section 2. Paragraph (h) is added to subsection (1) of 122 section 1005.06, Florida Statutes, to read: 123 1005.06 Institutions not under the jurisdiction or purview 124 of the commission.— 125 (1) Except as otherwise provided in law, the following 126 institutions are not under the jurisdiction or purview of the 127 commission and are not required to obtain licensure: 128 (h) Any non-Florida institution that has been approved by a 129 member state to participate in the State Authorization 130 Reciprocity Agreement (SARA), as those terms are defined in s. 131 1000.35(2), if the degree programs that may be offered and the 132 activities that may be conducted by such institution in this 133 state are limited to the distance education degree programs and 134 activities provided in and consistent with the terms and 135 provisions of the SARA. 136 Section 3. Subsection (11) of section 1005.31, Florida 137 Statutes, is amended to read: 138 1005.31 Licensure of institutions.— 139 (11) The commission shall establish minimum standards for 140 the approval of agents. The commission may adopt rules to ensure 141 that licensed agents meet these standards and uphold the intent 142 of this chapter. An agent may not solicit prospective students 143 in this state for enrollment in any independent postsecondary 144 educational institution under the commission’s purview or in any 145 out-of-state independent postsecondary educational institution 146 unless the agent has received a license as prescribed by the 147 commission or solicits for a postsecondary educational 148 institution that is not under the jurisdiction of the commission 149 pursuant to s. 1005.06(1)(h). 150 Section 4. The Division of Law Revision and Information is 151 directed to replace the phrase “the effective date of this act” 152 wherever it occurs in this act with the date this act becomes a 153 law. 154 Section 5. This act shall take effect upon becoming a law. 155 156 ================= T I T L E A M E N D M E N T ================ 157 And the title is amended as follows: 158 Delete everything before the enacting clause 159 and insert: 160 A bill to be entitled 161 An act relating to postsecondary distance education; 162 creating s. 1000.35, F.S.; authorizing this state to 163 participate in the State Authorization Reciprocity 164 Agreement (SARA) for delivery of postsecondary 165 distance education; providing definitions; 166 establishing the Postsecondary Reciprocal Distance 167 Education Coordinating Council within the Department 168 of Education; requiring the Commission for Independent 169 Education to provide administrative support for the 170 council; providing membership and duties of the 171 council; requiring the council to propose an annual 172 fee schedule and collect fees from Florida SARA 173 institutions; requiring the proposed fee schedule to 174 be submitted to the State Board of Education for 175 approval; providing for deposit of such fees into a 176 specified trust fund; authorizing the council to 177 revoke a Florida SARA institution’s participation for 178 noncompliance; authorizing such institution to 179 withdraw from participation in the SARA after 180 providing notice; exempting council decisions from the 181 Administrative Procedure Act; providing that 182 provisions relating to the jurisdiction of the 183 commission are not superseded; requiring the state 184 board to adopt rules; amending s. 1005.06, F.S.; 185 providing that the commission does not have 186 jurisdiction over certain non-Florida institutions 187 participating in the SARA; amending s. 1005.31, F.S.; 188 authorizing the solicitation of prospective students 189 for enrollment in certain postsecondary educational 190 institutions; providing a directive to the Division of 191 Law Revision and Information; providing an effective 192 date.