Florida Senate - 2007                      COMMITTEE AMENDMENT
    Bill No. SB 2536
                        Barcode 095400
                            CHAMBER ACTION
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11  The Committee on Higher Education (Oelrich) recommended the
12  following amendment:
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14         Senate Amendment (with title amendment) 
15         Delete everything after the enacting clause
16  
17  and insert:  
18         Section 1.  Section 1005.21, Florida Statutes, is
19  amended to read:
20         (Substantial rewording of section. See
21         s. 1005.21, F.S., for present text.)
22         1005.21  Commission for Independent Education.--
23         (1)  The Commission for Independent Education shall
24  function in matters concerning independent postsecondary
25  educational institutions in consumer protection, program
26  improvement, and licensure for institutions under its purview.
27  The commission shall authorize the granting of diplomas and
28  degrees by any independent postsecondary educational
29  institution under its jurisdiction.
30         (2)  The Governor shall appoint the members of the
31  commission who are subject to confirmation by the Senate. The
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Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 2536 Barcode 095400 1 commission shall consist of seven members who are residents of 2 this state and include: 3 (a) Two members who are owners or employees of 4 independent colleges or universities licensed by the 5 commission. 6 (b) Two members who are owners or employees of 7 independent, nondegree-granting schools licensed by the 8 commission. 9 (c) One member who is an owner or employee of an 10 independent, nonaccredited school licensed by the commission. 11 (d) One member who is an owner or employee of an 12 independent college or school licensed by the commission. 13 (e) One member from a public school district or 14 community college who is an administrator of career education. 15 (f) One representative of a college that meets the 16 criteria of s. 1005.06(1)(f). 17 (g) One lay member who is not affiliated with an 18 independent postsecondary educational institution. 19 (3) The members of the commission shall be appointed 20 to 3-year terms and serve until their successors are appointed 21 and qualified. If a vacancy on the commission occurs before 22 the expiration of a term, the Governor shall appoint a 23 successor to serve the unexpired portion of the term. 24 (4) The commission shall meet at least four times each 25 fiscal year. 26 (5) Members of the commission are entitled to 27 reimbursement for travel and per diem expenses, as provided in 28 s. 112.061, while performing their duties. 29 (6) Each member is accountable to the Governor for the 30 proper performance of the duties of his or her office. The 31 Governor may remove from office any member for cause. 2 9:19 AM 04/10/07 s2536d-he14-r2e
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 2536 Barcode 095400 1 (7) The commission is housed in the Department of 2 Education for administrative purposes only. 3 (a) The department shall provide support services for 4 the commission which must include, at a minimum, computer and 5 Internet support, personnel and human services support, 6 support for accountability initiatives, support for the 7 activities of the agency inspector general, and administrative 8 support as needed for trust funds used for the commission's 9 activities. 10 (b) The commission is not subject to control, 11 supervision, or direction by the department in any manner, 12 including, but not limited to, personnel, procurement, 13 transactions involving real or personal property, and 14 budgetary matters, and may independently exercise all powers, 15 duties, and functions prescribed by law. 16 (8) The commission shall appoint, review, and fix the 17 salary of its executive director and has the sole authority to 18 remove the executive director at its pleasure. The executive 19 director shall supervise, direct, coordinate, and administer 20 all activities necessary to fulfill the commission's statutory 21 responsibilities and may hire staff as necessary to assist in 22 fulfilling its responsibilities. The department shall allocate 23 to the commission moneys that are sufficient to fund positions 24 that are authorized at salary rates that are sufficient to 25 enable the commission to administer this chapter. 26 Section 2. Paragraphs (b) and (e) of subsection (1) 27 and paragraph (e) of subsection (2) of section 1005.22, 28 Florida Statutes, are amended to read: 29 1005.22 Powers and duties of commission.-- 30 (1) The commission shall: 31 (b) Annually select a chairperson and a vice 3 9:19 AM 04/10/07 s2536d-he14-r2e
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 2536 Barcode 095400 1 chairperson, appoint and review an executive director, and 2 authorize the executive director to appoint employees of the 3 commission. 4 (e) Administer the provisions of this chapter. To this 5 end, the commission has the following administrative powers 6 and responsibilities: 7 1. The commission may shall adopt rules pursuant to 8 ss. 120.536(1) and 120.54 to administer the provisions of this 9 chapter for the operation and establishment of independent 10 postsecondary educational institutions. The commission shall 11 submit the rules to the State Board of Education for approval 12 or disapproval. If the state board does not act on a rule 13 within 60 days after receiving it, the rule shall be filed 14 immediately with the Department of State. 15 2. The commission shall prepare a legislative budget 16 request and submit it through an annual budget to the State 17 Board of Education for inclusion in the K-20 legislative 18 budget request. 19 3. The commission shall transmit all fees, donations, 20 and other receipts of money to the Institutional Assessment 21 Trust Fund. 22 4. The commission shall expend funds as necessary to 23 assist in the application and enforcement of its powers and 24 duties. The chief financial officer of the Department of 25 Education shall pay out all moneys and funds as directed under 26 this chapter upon vouchers approved by the executive director 27 of the commission Department of Education for all lawful 28 purposes necessary to administering this chapter. The 29 commission shall make annual reports to the Executive Office 30 of the Governor, the President of the Senate, and the Speaker 31 of the House of Representatives State Board of Education 4 9:19 AM 04/10/07 s2536d-he14-r2e
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 2536 Barcode 095400 1 showing in detail amounts received and all expenditures. The 2 commission shall include in its annual report to the State 3 Board of Education a statement of its major activities during 4 the period covered by the report. 5 (2) The commission may: 6 (e) Advise the Governor, the Legislature, the State 7 Board of Education, the Council for Education Policy Research 8 and Improvement, and the Commissioner of Education on issues 9 relating to private postsecondary education. 10 Section 3. This act shall take effect July 1, 2007. 11 12 13 ================ T I T L E A M E N D M E N T =============== 14 And the title is amended as follows: 15 Delete everything before the enacting clause 16 17 and insert: 18 A bill to be entitled 19 An act relating to the Commission for 20 Independent Education; amending s. 1005.21, 21 F.S.; specifying the matters concerning which 22 the Commission for Independent Education 23 functions; requiring the commission to 24 authorize the granting of diplomas and degrees 25 by specified independent postsecondary 26 educational institutions; requiring that the 27 Governor appoint members of the commission; 28 providing criteria for membership; providing 29 for terms of office and the filling of 30 vacancies; requiring that the commission hold 31 certain meetings; providing for reimbursement 5 9:19 AM 04/10/07 s2536d-he14-r2e
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 2536 Barcode 095400 1 of members' travel and per diem expenses; 2 providing for removal of a member by the 3 Governor; providing for the commission to be 4 housed within the Department of Education for 5 administrative purposes only; requiring that 6 the department provide certain support services 7 to the commission; specifying that the 8 commission is not subject to the department's 9 control, supervision, or direction; authorizing 10 the commission to appoint, review, fix the 11 salary of, and remove its executive director; 12 specifying duties of the executive director; 13 requiring the department to allocate certain 14 moneys to the commission concerning funding of 15 salary and positions authorized by the 16 commission; amending s. 1005.22, F.S.; deleting 17 provisions concerning the appointment and 18 authority of the commission's executive 19 director; deleting a requirement that the 20 commission submit rules to the State Board of 21 Education for approval or disapproval; 22 requiring the commission to prepare a 23 legislative budget request and submit it 24 through the board for inclusion in the 25 legislative budget request; requiring the chief 26 financial officer of the Department of 27 Education to pay out moneys as directed by the 28 commission's executive director; requiring that 29 the commission make annual reports to the 30 Governor, the President of the Senate, and the 31 Speaker of the House of Representatives; 6 9:19 AM 04/10/07 s2536d-he14-r2e
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 2536 Barcode 095400 1 deleting a provision authorizing the commission 2 to advise the Council for Education Policy 3 Research and Improvement; providing an 4 effective date. 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 7 9:19 AM 04/10/07 s2536d-he14-r2e