The Florida Senate

¹246.2235  School closings.--

(1)  The intent of ss. 246.201-246.231 is to provide for the protection of the health, education, and welfare of the citizens of Florida. The Legislature finds that the actions of school owners and operators in closing licensed schools and not providing for the proper train-out or appropriate refund of fees paid by students constitutes a serious detriment to the educational delivery system in the state. The Legislature further finds that measures need to be taken to prevent such closures without proper train-outs or refunds and to prohibit school owners who have unlawfully closed a school from operating a similar licensed school in the state. Furthermore, the Legislature finds that when a licensed school ceases operation, it is essential that student records be immediately conveyed to or placed within control of the state. The opportunity for students to continue their education or otherwise be able to assess and provide documentation of their educational status is for the board to have control over all student records upon closure of the school.

(2)  Upon closure of a licensed institution, all student records shall become property of the state and shall be conveyed to the board office or to another location designated by the board or its executive director. Copies of records shall be made available to bankruptcy trustees, upon request, and to the student. Confidentiality of the records shall be maintained, to the extent required by law. Any school owner, director, or administrator who knowingly destroys, abandons, or fails to convey or provide for the safekeeping of school and student records is subject to the board's seeking civil penalties in an amount not to exceed $10,000 from each individual. The board is authorized to use moneys in the Student Protection Fund to facilitate the retrieval or safekeeping of records at a school that has closed.

(3)  A licensed school, through its owners, directors, and administrators, is required to immediately notify the board in writing of the closure of the school. Furthermore, such owners, directors, and administrators must organize an orderly closure of the school, including, but not limited to, the train-out of its students. An owner, director, or administrator who fails to notify the board immediately of the school closure, or fails to organize the orderly closure of the school and train-out of the students, is guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.

(4)  The board may conduct an investigation to determine if an applicant for a new school license, or the school's owners, directors, or administrators, either closed a school previously, failed to train-out students or issue appropriate refunds, or had its license to operate a school in this state or an out-of-state school revoked or denied.

(5)  Any person convicted of crime relating to the unlawful operation or management of a school shall not be eligible for a license to own, operate, or manage, or be a registered agent for, a licensed school in this state, or be a director or officer in a corporation owning or operating a licensed school. Such person shall not be allowed to operate or serve in a management or supervisory position in a licensed school.

(6)  The board is authorized to deny an application for a new school license if the board determines that the applicant, its owners, officers, directors, or administrators were previously operating a school in this or in another state contrary to the health, education, and welfare of the citizens of that state. Factors which may be considered by the board include, but are not limited to, the denial or revocation of a school license, prior criminal or civil administrative proceedings regarding the operation and management of a school, other types of criminal proceedings involving fraud, deceit, dishonesty, or moral turpitude, failure of the school to be properly closed, including training-out or providing for the train-out of its students, and failure to issue appropriate refunds, if any. The board may require an applicant, its owners, officers, directors, or administrators to provide the board with information under oath regarding the prior operation of a school and criminal justice information, the cost of which shall be borne by the applicant in addition to the other license fees.

(7)  The board is authorized to refer matters it deems appropriate to the Department of Legal Affairs or the state attorney for investigation and prosecution.

History.--s. 5, ch. 93-170; s. 3(7), ch. 2000-321.

¹Note.--Repealed January 7, 2003, by s. 3(7), ch. 2000-321, and shall be reviewed by the Legislature prior to that date.