House Bill 3389
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h3389
Florida House of Representatives - 1998 HB 3389
By Representative Trovillion
1 A bill to be entitled
2 An act relating to nonpublic postsecondary
3 education institutions; amending s. 246.021,
4 F.S.; clarifying the definition of the term
5 "college"; amending s. 246.031, F.S.; revising
6 requirements relating to members of the State
7 Board of Independent Colleges and Universities;
8 amending s. 246.084, F.S., relating to colleges
9 receiving an authorization; revising certain
10 requirements; providing for exemption from
11 certain requirements; revising provisions
12 relating to oversight of the review and
13 collection of data for purposes of determining
14 compliance; amending s. 246.31, F.S., relating
15 to the Institutional Assessment Trust Fund;
16 conforming provisions; providing an effective
17 date.
18
19 Be It Enacted by the Legislature of the State of Florida:
20
21 Section 1. Subsection (4) of section 246.021, Florida
22 Statutes, is amended to read:
23 246.021 Definitions.--As used in ss. 246.011-246.151,
24 unless the context otherwise requires:
25 (4) "College" means any educational entity which
26 confers or offers to confer a degree or which furnishes or
27 offers to furnish instruction leading toward, or prerequisite
28 to, college credit or a degree beyond the secondary level.
29 The term includes any nonpublic college chartered in this
30 state and any Florida center or branch campus of an
31 out-of-state college.
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Florida House of Representatives - 1998 HB 3389
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1 Section 2. Subsection (2) of section 246.031, Florida
2 Statutes, is amended to read:
3 246.031 State Board of Independent Colleges and
4 Universities.--
5 (2) The State Board of Independent Colleges and
6 Universities shall consist of nine citizens who are residents
7 of this state, a majority of whom represent nonpublic
8 independent colleges and universities within the state. For
9 terms beginning after October 1, 1992, Members shall be
10 residents of the state, selected from the state at large and.
11 Members shall be appointed by the Governor and confirmed by
12 the Senate. To be consistent with an independent rulemaking
13 board, members, except members appointed pursuant to paragraph
14 (e), must be employees, consultants, board members, or
15 trustees of a nonpublic college or university that is under
16 the State Board of Independent Colleges and Universities. No
17 more than two members shall be appointed to represent any one
18 of the following categories:
19 (a) A college or university holding a certificate of
20 exemption from licensure pursuant to s. 246.085(1)(a) and
21 accredited by a regional accrediting agency.
22 (b) A college or university holding a certificate of
23 exemption from licensure pursuant to s. 246.085(1)(a) and
24 accredited by a national accrediting agency.
25 (c) A college or university licensed by the board
26 pursuant to s. 246.087.
27 (d) A college or university holding a certificate of
28 exemption from licensure pursuant to s. 246.085(1)(b) or a
29 college or university issued an authorization pursuant to s.
30 246.084.
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Florida House of Representatives - 1998 HB 3389
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1 (e) Lay citizens of the state who derive no income
2 from a nonpublic college or university or the state.
3
4 Accreditation of an institution pursuant to the requirements
5 of this subsection must be by a regional or national
6 accrediting agency recognized by the United States Department
7 of Education or the State of Florida.
8 Section 3. Subsections (1), (2), and (3) of section
9 246.084, Florida Statutes, are amended to read:
10 246.084 Authorization.--
11 (1) A nonpublic college which enrolls students, none
12 of whom receive state or federal financial aid for education,
13 shall not be required to apply for a license upon compliance
14 with this section and submission of data required by this
15 section provided that none of the students of such college who
16 are enrolled in Florida receive state or federal financial aid
17 for education.
18 (a) Colleges receiving authorization under this
19 section may only offer educational programs that prepare
20 students for religious vocations as ministers, professionals,
21 or laypersons in the following categories: ministry,
22 counseling, theology, education, administration, music, fine
23 arts, media communications, and social work.
24 (b) The religious vocation must predominantly appear
25 on the face of the degree and on the college's transcript.
26 (c) The following titles of degrees issued by the
27 college must include a religious modifier as a part of the
28 title of the degree which must immediately precede, or be
29 included within, any of the following titles: Associate in
30 Arts, Associate in Science, Bachelor of Arts, Bachelor of
31 Science, Master of Arts, Master of Science, and Doctor of
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1 Philosophy. The religious modifier must be placed on the title
2 line of the degree.
3 (d) For purposes of this section, one semester credit
4 hour of study is 15 academic hours or its equivalent. The
5 following minimum credit hours are required for awarding the
6 following degrees:
7 1. Associate degree, with no fewer than 60 semester
8 hours or the equivalent.
9 2. Bachelor's degree, with no fewer than 120 semester
10 hours or the equivalent.
11 3. Master's degree, with no fewer than 24 semester
12 hours, or the equivalent, beyond the bachelor's degree.
13 4. Doctoral degree, with no fewer than 60 semester
14 hours, or the equivalent, beyond the bachelor's degree.
15 (e) The following data must be submitted annually to
16 the board: college name, address, telephone number, and
17 accreditation, if any; denomination, church, or religious
18 affiliation; list of all degree titles with their religious
19 vocation major; and a current copy of the college's catalog
20 and consumer practice information listed in paragraph (f).
21 (f) The board shall collect annually from each college
22 authorized pursuant to this section the following descriptive
23 inventory of consumer practices:
24 1. A description of the college's policies and
25 procedures regarding the recruitment and admission of
26 students.
27 2. The sources and kinds of financial assistance
28 available and the specific manner by which students are
29 informed of their responsibilities with respect to receiving
30 assistance and repaying loans.
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1 3. The placement assistance provided by the college,
2 including any claims concerning job placement rates.
3 4. Copies of all advertising published on behalf of
4 the college during the previous year. If the college claims
5 accreditation, it shall indicate whether or not that
6 accreditation is approved by the United States Department of
7 Education and if such accreditation is disclosed in all
8 advertisements.
9 5. A copy of the college's refund policy. The refund
10 policy must provide students with a minimum of 3 working days
11 from the date a student signs an enrollment contract or
12 financial agreement with a college for the student to cancel
13 the contract and receive a full refund of any tuition or
14 registration fees paid. The refund policy must be prominently
15 displayed on the contract form.
16 6. Evidence that the college has provided its students
17 with a clear and specific statement regarding the
18 transferability of credits to and from other colleges,
19 institutes, seminaries, and universities.
20 (g) The college shall include with the data required
21 by paragraphs (e) and (f), a sworn affidavit, signed by its
22 chief administrative officer, affirming that the information
23 submitted is accurate and no false data has knowingly and
24 willingly been submitted, that the policies reported are
25 provided in writing to all prospective students at least 1
26 week before enrollment or collection of tuition fees, that the
27 college observes the policies and practices as reported to the
28 board, and that it complies with this section.
29 (h) The board shall set an annual review date for
30 receiving data and assuring compliance with this section. The
31 board shall give a college 60 days' notification of the annual
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1 review date. After providing 30 days' notification, the board
2 may impose a fine for every month the college receiving
3 authorization under this section fails to provide the data
4 required by paragraphs (e) and (f). The postmark on the
5 envelope or package containing the notification serves as the
6 date of notification.
7 (i) The following information must appear in the
8 college's catalog or administrative bulletin: denomination,
9 church, or religious affiliation; purpose or mission of the
10 college; a list and description of all courses of study; a
11 list of course descriptions; a list of all faculty members
12 with their degrees; administrative officers and staff; all
13 fees, charges, nonrefundable fees, and tuition; refund
14 policies; transferability of credits to and from other
15 colleges; accreditation, if any; whether or not the
16 accrediting agency is recognized by the United States
17 Department of Education; and the college's authorization
18 status. A college receiving authorization under this section
19 shall include the following statement in the purpose, mission,
20 accreditation, or recognition statement in the catalog to
21 clarify its statutory existence: "The degree programs of this
22 college are designed solely for religious vocations."
23 (j) The name of the college shall include a religious
24 modifier or the name of a religious patriarch, saint, person,
25 or symbol of the church.
26 (2) A nonpublic college shall be exempt from the
27 requirements of paragraphs (1)(b) and (c) if it complies with
28 all other provisions of this section and with the minimum
29 standards for licensure as provided for in rule. Verification
30 of compliance with this section shall be accomplished in the
31 following manner:
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1 (a) By submission to the board of a finding of
2 compliance by a group authorized by the board pursuant to s.
3 246.041(1)(f) that has experience using standards similar to
4 the board's licensing standards or has received training from
5 the board;
6 (b) By submission to the board of evidence of
7 accreditation by a regional or national accrediting agency
8 that is recognized by the United States Department of
9 Education or the State of Florida; or
10 (c) By a finding of compliance by the board.
11 Notwithstanding the provisions of paragraph (1)(c), a college
12 which complies with the provisions of this section and submits
13 to the board a sworn affidavit from a group formed pursuant to
14 s. 246.041(1)(f), certifying that the college complies with
15 the minimum standards for licensure as provided for in rule,
16 is not required to include a religious modifier in the title
17 of degrees issued by the college.
18 (3) The burden of determining compliance with this
19 section shall rest with the board. Pursuant to s.
20 246.041(1)(f), the board shall may enter into an agreement
21 with an authorized individual or group of individuals to
22 oversee the review and collection of the data submitted
23 pursuant to this section. However, nonpublic colleges and
24 universities subject to this section may choose at any time to
25 be under the State Board of Independent Colleges and
26 Universities for review and collection of data. Except for an
27 authorized group providing a finding of compliance pursuant to
28 paragraph (2)(a), each group of individuals authorized by the
29 board pursuant to s. 246.041(1)(f) that oversees institutions
30 pursuant to this section must receive training from the board
31 or have knowledge of, or experience with, the material
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1 included in such training. The burden of determining
2 compliance with this section shall rest with the board. The
3 board may require further evidence and make such further
4 investigation, in addition to the information submitted, as
5 may be reasonably necessary in the board's judgment.
6 Section 4. Paragraph (c) of subsection (2) of section
7 246.31, Florida Statutes, is amended to read:
8 246.31 Institutional Assessment Trust Fund.--
9 (2) Funds from the trust fund shall be used for
10 purposes including, but not limited to, the following:
11 (c) Educational programs for the benefit of current
12 and prospective owners, administrators, agents, authorized
13 groups of individuals, and faculty of institutions receiving a
14 license, a certificate of exemption, or an authorization
15 licensed by the board.
16 Section 5. This act shall take effect July 1 of the
17 year in which enacted.
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20 HOUSE SUMMARY
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Revises provisions relating to membership of the State
22 Board of Independent Colleges and Universities. Revises
certain requirements, and exemptions from certain
23 requirements, with respect to nonpublic colleges issued
an authorization.
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