Florida Senate - 2017                          SENATOR AMENDMENT
       Bill No. CS for CS for HB 859
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                Floor: 1/RE/2R         .                                
             05/01/2017 04:05 PM       .                                

       Senator Bean moved the following:
    1         Senate Amendment (with title amendment)
    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 Reciprocity agreement.—
    8         (1) The purpose of this section is to authorize this state
    9  to participate in a reciprocity agreement with other states for
   10  the delivery of postsecondary distance education. Each member
   11  state or institution participating in a reciprocity agreement
   12  must accept each other’s authorization of accredited
   13  institutions to operate in their state to offer distance
   14  educational services beyond state boundaries.
   15         (2) For purposes of this section, the term:
   16         (a) “Commission” means the Commission for Independent
   17  Education.
   18         (b) “Complaint” means a formal assertion in writing that a
   19  person, institution, state, agency, or other entity operating
   20  under a reciprocity agreement has violated the terms of a
   21  reciprocity agreement or the laws, standards, or regulations
   22  incorporated therein.
   23         (c) “Council” means the Postsecondary Reciprocal Distance
   24  Education Coordinating Council, which serves as the single
   25  portal entity designated by the state to administer a
   26  reciprocity agreement and serves as the interstate point of
   27  contact for questions, complaints, and other matters related to
   28  a reciprocity agreement.
   29         (d) “Department” means the Department of Education.
   30         (e) “Florida institution” means a postsecondary educational
   31  institution approved by the council to participate in a
   32  reciprocity agreement.
   33         (f) “Institution” means a public or private postsecondary
   34  degree-granting college or university that is accredited by a
   35  federally recognized accrediting body and that awards, at a
   36  minimum, associate-level degrees requiring at least 2 years of
   37  full-time equivalent college work.
   38         (g) “Member state” means a state, territory, or district of
   39  the United States which has been approved to participate in a
   40  reciprocity agreement.
   41         (h) “Non-Florida institution” means an institution approved
   42  by a member state other than this state to participate in a
   43  reciprocity agreement.
   44         (i) “Reciprocity agreement” means an agreement that
   45  establishes reciprocity between a member state that accepts
   46  other member states’ authorization of accredited institutions to
   47  operate in their states to offer distance educational services
   48  beyond state boundaries pursuant to the terms and conditions set
   49  forth in the agreement.
   50         (j) “State board” means the State Board of Education.
   51         (3) The council is created within the department for the
   52  purpose of administering a reciprocity agreement. The council
   53  shall consist of the Chancellor of the State University System,
   54  the Chancellor of the Florida College System, the Commissioner
   55  of Education, the Executive Director of the commission, and the
   56  president of the Independent Colleges and Universities of
   57  Florida. The commission shall provide administrative support for
   58  the council. The council shall:
   59         (a) Within 60 days after the effective date of this act,
   60  apply for this state to participate as a member state of a
   61  reciprocity agreement;
   62         (b) Serve as the single portal entity for administration of
   63  a reciprocity agreement;
   64         (c) Review and approve applications from institutions in
   65  this state to participate in a reciprocity agreement and
   66  establish an appeals process for institutions that are not
   67  approved to participate in a reciprocity agreement;
   68         (d) Ensure compliance by Florida institutions with the
   69  terms and provisions of a reciprocity agreement, including, but
   70  not limited to, accreditation and institutional quality,
   71  consumer information and protection, disclosure and reporting
   72  requirements, complaint mechanisms, and financial
   73  responsibility;
   74         (e) Comply with the terms and provisions of a reciprocity
   75  agreement relating to any member state, Florida institution, or
   76  non-Florida institution;
   77         (f) Comply with the reporting requirements in a reciprocity
   78  agreement and post all such reports on the council’s website;
   79         (g) Consistent with the complaint resolution processes in a
   80  reciprocity agreement, develop and administer a complaint
   81  resolution process to resolve complaints related to a
   82  reciprocity agreement after all complaint processes in place at
   83  a Florida institution have been exhausted by the complainant;
   84         (h) Delegate any responsibilities, obligations, or
   85  authorities necessary for the administration of this state’s
   86  participation in a reciprocity agreement to the commission’s
   87  staff; and
   88         (i) Recommend rules necessary to administer this section
   89  for adoption by the state board.
   90         (4) The Governor may request that the council convene for
   91  the purpose of reconsidering this state’s participation in a
   92  reciprocity agreement. The council shall provide a
   93  recommendation to the Governor within 14 days. Regardless of the
   94  council’s recommendation, or lack thereof, the Governor may
   95  withdraw this state from participation in a reciprocity
   96  agreement. Such withdrawal shall take effect 90 days after the
   97  Governor’s decision.
   98         (5) The council shall collect an annual fee from each
   99  Florida institution participating in a reciprocity agreement.
  100  The fee shall be based on the Florida institution’s total full
  101  time equivalent (FTE) enrollment as shown in the Integrated
  102  Postsecondary Education Data System and shall be assessed as
  103  follows:
  104         (a) Not to exceed $1,500 per year for a Florida institution
  105  participating in a reciprocity agreement with fewer than 2,500
  106  total FTE enrollment.
  107         (b) Not to exceed $3,000 per year for a Florida institution
  108  participating in a reciprocity agreement with at least 2,500 but
  109  not more than 9,999 total FTE enrollment.
  110         (c) Not to exceed $4,500 per year for a Florida institution
  111  participating in a reciprocity agreement with 10,000 or more
  112  total FTE enrollment.
  114  Within the limitations imposed under this subsection, the fee
  115  shall be set at an amount that will generate no more than the
  116  total revenue necessary for the council’s operation. The council
  117  shall lower the fee if the total revenue generated is higher
  118  than the total revenue necessary for the council’s operation. By
  119  February 15, 2018, and each February 15 thereafter, the council
  120  shall submit a report to the Governor, the President of the
  121  Senate, and the Speaker of the House of Representatives. The
  122  report must show that the total revenue generated is not higher
  123  than the total revenue necessary for the council’s operation,
  124  must include a justification of staff needed for the council,
  125  and must include the number of Florida institutions
  126  participating in a reciprocity agreement. All fees collected
  127  pursuant to this subsection shall be submitted by the department
  128  to the Chief Financial Officer for deposit into a separate
  129  account within the Institutional Assessment Trust Fund. Any fee
  130  collected by the council pursuant to this subsection is
  131  nonrefundable unless paid in error.
  132         (6) The council may revoke a Florida institution’s approval
  133  to participate in a reciprocity agreement if the council
  134  determines that such institution is not in compliance with the
  135  terms and provisions of the reciprocity agreement.
  136         (7) A Florida institution participating in a reciprocity
  137  agreement may withdraw from participation in the reciprocity
  138  agreement by submitting notice of its intent to withdraw to the
  139  council, which shall become effective at the beginning of the
  140  next academic term after receipt of such notice.
  141         (8) Decisions of the council are not subject to chapter
  142  120.
  143         (9) This section does not supersede the requirements in
  144  chapter 1005 relating to postsecondary educational institutions
  145  under the jurisdiction of the commission.
  146         (10) The state board shall adopt rules to implement this
  147  section.
  148         Section 2. Paragraph (h) is added to subsection (1) of
  149  section 1005.06, Florida Statutes, to read:
  150         1005.06 Institutions not under the jurisdiction or purview
  151  of the commission.—
  152         (1) Except as otherwise provided in law, the following
  153  institutions are not under the jurisdiction or purview of the
  154  commission and are not required to obtain licensure:
  155         (h) Any non-Florida institution that has been approved by a
  156  member state to participate in a reciprocity agreement, as those
  157  terms are defined in s. 1000.35(2), if the degree programs that
  158  may be offered and the activities that may be conducted by such
  159  institution in this state are limited to the distance education
  160  degree programs and activities provided in and consistent with
  161  the terms and provisions of the reciprocity agreement.
  162         Section 3. Subsection (11) of section 1005.31, Florida
  163  Statutes, is amended to read:
  164         1005.31 Licensure of institutions.—
  165         (11) The commission shall establish minimum standards for
  166  the approval of agents. The commission may adopt rules to ensure
  167  that licensed agents meet these standards and uphold the intent
  168  of this chapter. An agent may not solicit prospective students
  169  in this state for enrollment in any independent postsecondary
  170  educational institution under the commission’s purview or in any
  171  out-of-state independent postsecondary educational institution
  172  unless the agent has received a license as prescribed by the
  173  commission or solicits for a postsecondary educational
  174  institution that is not under the jurisdiction of the commission
  175  pursuant to s. 1005.06(1)(h).
  176         Section 4. Subsection (1) of section 1010.83, Florida
  177  Statutes, is amended, and paragraph (d) is added to subsection
  178  (2) of that section, to read:
  179         1010.83 Institutional Assessment Trust Fund.—
  180         (1) Chapter 99-32, Laws of Florida, re-created the
  181  Institutional Assessment Trust Fund to be administered by the
  182  Department of Education pursuant to this section and rules of
  183  the State Board of Education. The trust fund shall consist of:
  184         (a) All fees and fines imposed upon nonpublic colleges and
  185  schools pursuant to chapter 1005 and this chapter, including all
  186  fees collected from nonpublic colleges and schools for
  187  participation in the Student Protection Fund pursuant to s.
  188  1005.37.
  189         (b) All fees imposed upon nonpublic colleges and schools
  190  for participation in the statewide course numbering system
  191  pursuant to s. 1007.24.
  192         (c) All fees collected from institutions for participation
  193  in a reciprocity agreement pursuant to s. 1000.35.
  195  The department shall maintain separate accounts for the
  196  operation of the Commission for Independent Education, the
  197  Student Protection Fund, a reciprocity agreement pursuant to s.
  198  1000.35, and the Department of Education all fees and fines
  199  imposed upon nonpublic colleges and schools pursuant to this
  200  chapter and chapter 1005, including all fees collected from
  201  nonpublic colleges and schools for participation in the Student
  202  Protection Fund and the statewide course numbering system. The
  203  department shall maintain separate accounts for the operation of
  204  the Commission for Independent Education; the Student Protection
  205  Fund; and the Department of Education.
  206         (2) Funds from the trust fund shall be used for purposes
  207  including, but not limited to, the following:
  208         (d) Expenses authorized by the Department of Education
  209  related to a reciprocity agreement.
  210         Section 5. For the 2017-2018 fiscal year, the sum of
  211  $225,534 in recurring funds is appropriated from the
  212  Institutional Assessment Trust Fund to the Department of
  213  Education and two full-time equivalent positions with associated
  214  salary rate of 110,000 are authorized for the purpose of
  215  implementing the requirements of this act.
  216         Section 6. The Division of Law Revision and Information is
  217  directed to replace the phrase “the effective date of this act”
  218  wherever it occurs in this act with the date this act becomes a
  219  law.
  220         Section 7. This act shall take effect upon becoming a law.
  222  ================= T I T L E  A M E N D M E N T ================
  223  And the title is amended as follows:
  224         Delete everything before the enacting clause
  225  and insert:
  226                        A bill to be entitled                      
  227         An act relating to postsecondary distance education;
  228         creating s. 1000.35, F.S.; providing a purpose;
  229         defining terms; establishing the Postsecondary
  230         Reciprocal Distance Education Coordinating Council
  231         within the Department of Education; requiring the
  232         Commission for Independent Education to provide
  233         administrative support for the council; providing
  234         membership and duties of the council; authorizing the
  235         Governor to request the council to convene for the
  236         purpose of reconsidering participation in a
  237         reciprocity agreement; requiring the council to
  238         provide recommendations to the Governor within a
  239         specified period after such request; authorizing the
  240         Governor to withdraw the state from participation in a
  241         reciprocity agreement; requiring the council to
  242         collect annual fees from Florida institutions
  243         participating in a reciprocity agreement based on
  244         total full-time equivalent enrollment; requiring the
  245         council to submit an annual report to the Governor and
  246         the Legislature by a specified date; providing for
  247         deposit of such fees into a specified trust fund;
  248         specifying that such fees are nonrefundable unless
  249         paid in error; authorizing the council to revoke a
  250         Florida institution’s participation in a reciprocity
  251         agreement for noncompliance; authorizing a Florida
  252         institution to withdraw from participation in a
  253         reciprocity agreement after providing notice;
  254         exempting council decisions from the Administrative
  255         Procedure Act; providing that provisions relating to
  256         the jurisdiction of the commission are not superseded;
  257         requiring the State Board of Education to adopt rules;
  258         amending s. 1005.06, F.S.; providing that the
  259         commission does not have jurisdiction over certain
  260         non-Florida institutions participating in a
  261         reciprocity agreement; amending s. 1005.31, F.S.;
  262         authorizing an agent to solicit prospective students
  263         for enrollment in certain postsecondary educational
  264         institutions; amending s. 1010.83, F.S.; requiring
  265         that the Institutional Assessment Trust Fund
  266         administered by the department consist of certain fees
  267         and fines; requiring the department to maintain a
  268         separate account within such trust fund for the
  269         operation of a reciprocity agreement; authorizing the
  270         use of funds from such trust fund for certain expenses
  271         related to administration of a reciprocity agreement;
  272         providing an appropriation; providing a directive to
  273         the Division of Law Revision and Information;
  274         providing an effective date.