The Florida Senate

¹246.095  Fair consumer practices; condition of operation.--

(1)  Every college which is either licensed by the board or has been granted a certificate of exemption by the board and which either directly or indirectly solicits for enrollment any student shall disclose to each prospective student a statement of the purpose of such college, its educational programs and curricula, a description of its physical facilities, its status regarding licensure, its fee schedule and policies about retaining student fees if a student withdraws, and a statement regarding the transferability of credits to and from other colleges. In addition, colleges which are required to be licensed by the board shall disclose to prospective students that additional information regarding the college may be obtained by contacting the State Board of Independent Colleges and Universities, Department of Education, Tallahassee. The college shall make the required disclosures in writing at least 1 week prior to enrollment or collection of any tuition from the prospective student. The required disclosures may be made in the institution's current catalog.

(2)  In order to ensure fair and equitable conduct of business and academic relations between colleges and their students or potential students, each college shall demonstrate to the board, as specified in board rules:

(a)  That it uses a reliable method to assess, before accepting a student into a program, the student's ability to complete successfully the course of study for which he or she has applied;

(b)  That it informs each student accurately about financial assistance and obligations for repayment of loans; that it accurately describes any employment placement services provided and the limitations thereof; and that it does not promise or imply guaranteed placement, market availability, or salary amounts;

(c)  That it provides to prospective and enrolled students accurate information regarding the relationship of its programs to state licensure requirements for practicing related occupations and professions in Florida;

(d)  That all advertisements are accurate and not misleading;

(e)  That it publishes and follows an equitable prorated refund policy for all students, and that it follows both the federal refund guidelines for students receiving federal financial assistance and the minimum refund guidelines set by board rule;

(f)  That it follows the requirements of ss. 240.2683 and 240.2684 and federal laws that require annual reporting with respect to crime statistics and physical plant safety and make those reports available to the public; and

(g)  That it publishes and follows procedures for handling student complaints, disciplinary actions, and appeals.

(3)  A license or certificate of exemption shall not be granted or renewed by the board unless the college seeking the action provides the board with a sworn statement of compliance with this section. The board shall prescribe the manner and form of the statement.

(4)  The board may examine any complaint of nondisclosure to prospective students of colleges under the jurisdiction of the board, and, if the college is found to be routinely handling these matters correctly, the complaint shall be disregarded. Complaints of nondisclosure against accredited colleges shall be forwarded by the board to the college and appropriate accrediting agency with a request that the board be advised of any and all actions taken in response to the complaint.

(5)  Refusal to comply with this section is cause for denial or revocation of a license or a certificate of exemption under s. 246.111.

History.--s. 4, ch. 76-43; s. 3, ch. 76-168; s. 1, ch. 77-457; ss. 9, 10, 16, ch. 79-385; s. 7, ch. 80-378; ss. 2, 3, ch. 81-318; ss. 13, 23, 24, ch. 82-203; s. 11, ch. 89-344; ss. 9, 19, 20, ch. 92-321; s. 6, ch. 98-169; 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.