CODING: Words stricken are deletions; words underlined are additions.
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Senator Forman moved the following amendment:
SENATE AMENDMENT
Bill No. HB 4259, 1st Eng.
Amendment No.
CHAMBER ACTION
Senate House
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11 Senator Forman moved the following amendment:
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13 Senate Amendment (with title amendment)
14 Delete everything after the enacting clause
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16 and insert:
17 Section 1. Section 232.2466, Florida Statutes, is
18 amended to read:
19 232.2466 College-ready diploma program.--
20 (1) Beginning with the 1998-1999 1997-1998 school
21 year, each school district shall award a differentiated
22 college-ready diploma to each student who:
23 (a) Successfully completes the requirements for a
24 standard high school diploma as prescribed by s. 232.246.
25 Among courses taken to fulfill the 24-academic-credit
26 requirement, a student must take high school courses that are
27 adopted by the Board of Regents and recommended by the State
28 Board of Community Colleges as college-preparatory academic
29 courses.:
30 1. Two credits in algebra and one credit in geometry,
31 or their equivalents, as determined by the state board.
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SENATE AMENDMENT
Bill No. HB 4259, 1st Eng.
Amendment No.
1 2. One credit in biology, one credit in chemistry, and
2 one credit in physics, or their equivalents, as determined by
3 the state board.
4 3. Two credits in the same foreign language, taken for
5 elective credit. A student whose native language is not
6 English is exempt from this requirement if the student
7 demonstrates proficiency in the native language. American sign
8 language constitutes a foreign language.
9 (b) Takes the postsecondary education common placement
10 test prescribed in s. 240.117, or an equivalent test
11 identified by the State Board of Education, before graduation
12 and scores at or above the established statewide passing score
13 in each test area.
14 (2) A college-ready diploma entitles a student to
15 admission without additional placement testing to a public
16 postsecondary education program that terminates in a technical
17 certificate, an applied technology diploma, an associate in
18 applied science degree, an associate in science degree, or an
19 associate in arts degree, if the student enters postsecondary
20 education within 2 years after earning the college-ready
21 diploma.
22 (3) The Department of Education shall periodically
23 convene a task force of educators and employers to recommend
24 additional incentives for students to pursue a college-ready
25 diploma. The incentives may include awards and recognition,
26 preference for positions in firms, and early registration
27 privileges in postsecondary education institutions.
28 Section 2. Paragraph (f) is added to subsection (4) of
29 section 239.117, Florida Statutes, to read:
30 239.117 Postsecondary student fees.--
31 (4) The following students are exempt from the payment
2
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SENATE AMENDMENT
Bill No. HB 4259, 1st Eng.
Amendment No.
1 of registration, matriculation, and laboratory fees:
2 (f) A student who is a proprietor, owner, or worker of
3 a company whose business has been at least 50 percent
4 negatively financially impacted by the buy-out of property
5 around Lake Apopka by the State of Florida. Such a student may
6 receive a fee exemption only if the student has not received
7 compensation because of the buy-out, the student is designated
8 a Florida resident for tuition purposes, pursuant to s.
9 240.1201, and the student has applied for and been denied
10 financial aid, pursuant to s. 240.404, which would have
11 provided, at a minimum, payment of all student fees. The
12 student is responsible for providing evidence to the
13 postsecondary education institution verifying that the
14 conditions of this paragraph have been met, including support
15 documentation provided by the Department of Revenue. The
16 student must be currently enrolled in, or begin coursework
17 within, a program area by fall semester 2000. The exemption
18 is valid for a period of 4 years from the date that the
19 postsecondary education institution confirms that the
20 conditions of this paragraph have been met.
21 Section 3. Subsection (1) and paragraph (c) of
22 subsection (3) of section 239.225, Florida Statutes, are
23 amended, and subsection (5) is added to said section, to read:
24 239.225 Vocational Improvement Program.--
25 (1) There is established the Vocational Improvement
26 Program to be administered by the Department of Education
27 pursuant to this section and rules of the State Board for
28 Career Education. Such rules must provide for the submission
29 of applications and distribution of funds pursuant to this
30 section. The priorities for allocation of funds for the
31 program are the development of vocational programs for
3
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SENATE AMENDMENT
Bill No. HB 4259, 1st Eng.
Amendment No.
1 disadvantaged persons; recruitment, preservice and inservice
2 activities for vocational counselors and teachers; the
3 development of information systems that are compatible between
4 school districts and community colleges; job placement
5 services for vocational completers; the development of
6 exploratory vocational courses; activities that provide
7 faculty articulation for the purpose of integrating vocational
8 and academic instruction; and activities that ensure greater
9 community involvement in career education.
10 (3)
11 (c) The State Board for Career Education may adopt
12 rules necessary to implement the provisions of this
13 subsection.
14 (5) The State Board for Career Education may adopt
15 rules to implement this program.
16 Section 4. Subsections (4) and (5) are added to
17 section 240.1163, Florida Statutes, to read:
18 240.1163 Joint dual enrollment and advanced placement
19 instruction.--
20 (4) School districts and community colleges must weigh
21 college-level dual enrollment courses the same as honors
22 courses and advanced placement courses when grade point
23 averages are calculated. Alternative grade calculation or
24 weighting systems that discriminate against dual enrollment
25 courses are prohibited.
26 (5) The Commissioner of Education may approve dual
27 enrollment agreements for limited course offerings that have
28 statewide appeal. Such programs shall be limited to a single
29 site with multiple county participation.
30 Section 5. Subsections (6), (7), (8), and (9) of
31 section 240.235, Florida Statutes, are renumbered as
4
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SENATE AMENDMENT
Bill No. HB 4259, 1st Eng.
Amendment No.
1 subsections (7), (8), (9), and (10), respectively, and a new
2 subsection (6) is added to said section to read:
3 240.235 Fees.--
4 (6) Any proprietor, owner, or worker of a company
5 whose business has been at least 50 percent negatively
6 financially impacted by the buy-out of property around Lake
7 Apopka by the State of Florida is exempt from the payment of
8 registration, matriculation, and laboratory fees. A student
9 receiving a fee exemption in accordance with this subsection
10 must not have received compensation because of the buy-out,
11 must be designated a Florida resident for tuition purposes,
12 pursuant to s. 240.1201, and must first have applied for and
13 been denied financial aid, pursuant to s. 240.404, which would
14 have provided, at a minimum, payment of all student fees. The
15 student is responsible for providing evidence to the
16 postsecondary education institution verifying that the
17 conditions of this subsection have been met, including support
18 documentation provided by the Department of Revenue. The
19 student must be currently enrolled in, or begin coursework
20 within, a program area by fall semester 2000. The exemption is
21 valid for a period of 4 years from the date that the
22 postsecondary education institution confirms that the
23 conditions of this subsection have been met.
24 Section 6. Subsection (3) of section 240.311, Florida
25 Statutes, is amended to read:
26 240.311 State Board of Community Colleges; powers and
27 duties.--
28 (3) The State Board of Community Colleges shall:
29 (a) Provide for each community college to offer
30 educational training and service programs designed to meet the
31 needs of both students and the communities served.
5
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SENATE AMENDMENT
Bill No. HB 4259, 1st Eng.
Amendment No.
1 (b) Provide, through rule, for the coordination of the
2 state community college system.
3 (c) Review new associate degree or certificate
4 programs for relationship to student demand; conduct periodic
5 reviews of existing programs; and provide rules for
6 termination of associate degree or certificate programs when
7 excessive duplication exists.
8 (d) Ensure that the rules and procedures of community
9 college district boards relating to admission to, enrollment
10 in, employment in, and programs, services, functions, and
11 activities of each college provide equal access and equal
12 opportunity for all persons.
13 (e) Advise presidents of community colleges of the
14 fiscal policies adopted by the Legislature and of their
15 responsibilities to follow such policies.
16 (f) Specify, by rule, procedures to be used by the
17 boards of trustees in the periodic evaluations of presidents
18 and formally review the evaluations of presidents by the
19 boards of trustees.
20 (g) Recommend to the State Board of Education minimum
21 standards for the operation of each community college as
22 required in s. 240.325, which standards may include, but are
23 not limited to, general qualifications of personnel,
24 budgeting, accounting and financial procedures, educational
25 programs, student admissions and services, and community
26 services.
27 (h) Establish an effective information system which
28 will provide composite data about the community colleges and
29 assure that special analyses and studies about the colleges
30 are conducted, as necessary, for provision of accurate and
31 cost-effective information about the colleges and about the
6
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SENATE AMENDMENT
Bill No. HB 4259, 1st Eng.
Amendment No.
1 community college system as a whole.
2 (i) Encourage the colleges and the system as a whole
3 to cooperate with other educational institutions and agencies
4 and with all levels and agencies of government in the interest
5 of effective utilization of all resources, programs, and
6 services.
7 (j) Establish criteria for making recommendations
8 relative to modifying district boundary lines and for making
9 recommendations upon all proposals for the establishment of
10 additional centers or campuses for community colleges.
11 (k) Develop a plan in cooperation with the local
12 school district and the Department of Education to include any
13 and all counties in a community college service district.
14 (l) Assess the need to consolidate any community
15 colleges.
16 (m) Develop and adopt guidelines relating to salary
17 and fringe benefit policies for community college
18 administrators, including community college presidents.
19 (n) Develop and adopt guidelines relating to official
20 travel by community college employees.
21 (o) Receive an annual administrative review of each
22 community college.
23 1. Such review shall include, but is not limited to,
24 the administrator-to-faculty ratio, the percent of funds for
25 administrative costs in the total budget, and the percent of
26 funds in support programs compared to the percent of funds in
27 instructional programs and may include such other indicators
28 of quality as are necessary.
29 2. The review shall also include all courses offered
30 by a community college outside its district. Courses offered
31 outside the home district which are not approved by the State
7
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SENATE AMENDMENT
Bill No. HB 4259, 1st Eng.
Amendment No.
1 Board of Community Colleges shall not be counted for funding
2 purposes or to meet enrollment assignments. For purposes of
3 this subparagraph, electronically originated instruction, to
4 include satellite, broadcast, and internet delivered
5 instruction, shall be exempt. Exemption is only permitted when
6 the community college's intent is to offer the instruction for
7 students residing within the community college's home district
8 and only markets the instruction to students residing within
9 the community college's home district. If a community
10 college's intent is to market the electronically originated
11 instruction outside its home district and thus recruit
12 students outside its home district, the community college must
13 receive the approval of the State Board of Community Colleges.
14 The State Board of Community Colleges shall have authority to
15 review any electronically originated instruction for
16 compliance with this section.
17 (p) Encourage and support activities which promote and
18 advance college and statewide direct-support organizations.
19 (q) Specify, by rule, the degree program courses that
20 may be taken by students concurrently enrolled in
21 college-preparatory instruction.
22 Section 7. Section 240.321, Florida Statutes, is
23 amended to read:
24 240.321 Community college district board of trustees;
25 rules for admissions of students.--The board of trustees shall
26 make rules governing admissions of students. These rules
27 shall include the following:
28 (1) Admissions counseling shall be provided to all
29 students entering college credit programs, which counseling
30 shall utilize tests to measure achievement of college-level
31 communication and computation competencies by all students
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SENATE AMENDMENT
Bill No. HB 4259, 1st Eng.
Amendment No.
1 entering college credit programs.
2 (2) Admission to associate degree programs is subject
3 to minimum standards adopted by the State Board of Education
4 and shall require:
5 (a) A standard high school diploma, a high school
6 equivalency diploma as prescribed in s. 229.814, previously
7 demonstrated competency in college credit postsecondary
8 coursework, or, in the case of a student who is home educated,
9 a signed affidavit submitted by the student's parent or legal
10 guardian attesting that the student has completed a home
11 education program pursuant to the requirements of s.
12 232.02(4). Students who are enrolled in a dual enrollment or
13 early admission program pursuant to s. 240.116 and secondary
14 students enrolled in college-level instruction creditable
15 toward the associate degree, but not toward the high school
16 diploma, shall be exempt from this requirement.
17 (b) A demonstrated level of achievement of
18 college-level communication and computation skills. Students
19 entering a postsecondary education program within 2 years of
20 graduation from high school with an earned college-ready
21 diploma issued pursuant to s. 232.2466 shall be exempt from
22 this testing requirement.
23 (c) Any other requirements established by the board of
24 trustees.
25 (3) Admission to other programs within the community
26 college shall include education requirements as established by
27 the board of trustees.
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29 Each board of trustees shall establish policies that notify
30 students about, and place students into, adult basic
31 education, adult secondary education, or other instructional
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SENATE AMENDMENT
Bill No. HB 4259, 1st Eng.
Amendment No.
1 programs that provide students with alternatives to
2 traditional college-preparatory instruction, including private
3 provider instruction. Such notification shall include a
4 written listing or a prominent display of information on
5 alternative remedial options that must be available to each
6 student who scores below college level in any area on the
7 common placement test. The list or display shall include, but
8 is not limited to, options provided by the community college,
9 adult education programs, and programs provided by
10 private-sector providers. The college shall not endorse,
11 recommend, evaluate, or rank any of the providers. The list of
12 providers or the display materials shall include all those
13 providers that request to be included. The written list must
14 provide students with specific contact information and
15 disclose the full costs of the course tuition, laboratory
16 fees, and instructional materials of each option listed. A
17 student who elects a private provider for remedial instruction
18 is entitled to enroll in up to 12 credits of college-level
19 courses in skill areas other than those for which the student
20 is being remediated. A student is prohibited from enrolling in
21 additional college-level courses until the student scores
22 above the cut-score on all sections of the common placement
23 test.
24 Section 8. Section 240.324, Florida Statutes, is
25 amended to read:
26 240.324 Community college accountability process.--
27 (1) It is the intent of the Legislature that a
28 management and accountability process be implemented which
29 provides for the systematic, ongoing improvement and
30 assessment of the improvement of the quality and efficiency of
31 the State Community College System. Accordingly, the State
10
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SENATE AMENDMENT
Bill No. HB 4259, 1st Eng.
Amendment No.
1 Board of Community Colleges and the community college boards
2 of trustees shall develop and implement an accountability a
3 plan to improve and evaluate the instructional and
4 administrative efficiency and effectiveness of the State
5 Community College System. This plan shall be designed in
6 consultation with staff of the Governor and the Legislature
7 and must address the following issues:
8 (a) Graduation rates of A.A. and A.S. degree-seeking
9 students compared to first-time-enrolled students seeking the
10 associate degree.
11 (b) Minority student enrollment and retention rates.
12 (c) Student performance, including student performance
13 in college-level academic skills, mean grade point averages
14 for community college A.A. transfer students, and community
15 college student performance on state licensure examinations.
16 (d) Job placement rates of community college
17 vocational students.
18 (e) Student progression by admission status and
19 program.
20 (f) Vocational accountability standards identified in
21 s. 239.229.
22 (g) Other measures as identified by the Postsecondary
23 Education Planning Commission and approved by the State Board
24 of Community Colleges.
25 (2) By January 1, 1992, the State Board of Community
26 Colleges shall submit to the Governor, the President of the
27 Senate, and the Speaker of the House of Representatives a plan
28 for addressing these issues. The plan must provide a specific
29 timetable that identifies specific issues to be addressed each
30 year and must provide for full implementation by December 31,
31 1994. Beginning September 1, 1998 December 31, 1992, the State
11
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SENATE AMENDMENT
Bill No. HB 4259, 1st Eng.
Amendment No.
1 Board of Community Colleges shall submit an annual interim
2 report, to coincide with the submission of the agency
3 strategic plan required by law, providing the results of
4 initiatives taken during the prior year and the initiatives
5 and related objective performance measures proposed for the
6 next year. The initial plan and each interim plan shall be
7 designed in consultation with staff of the Governor and the
8 Legislature.
9 (3) Beginning January 1, 1993, The State Board of
10 Community Colleges shall address within the annual evaluation
11 of the performance of the executive director, and the boards
12 of trustees shall address within the annual evaluation of the
13 presidents, the achievement of the performance goals
14 established by the accountability process in the community
15 college accountability plan.
16 Section 9. Subsections (4) through (14) of section
17 240.35, Florida Statutes, as amended by chapter 97-383, Laws
18 of Florida, are renumbered as subsections (5) through (15),
19 respectively, paragraph (c) of present subsection (10) is
20 amended, and a new subsection (4) is added to said section, to
21 read:
22 240.35 Student fees.--Unless otherwise provided, the
23 provisions of this section apply only to fees charged for
24 college credit instruction leading to an associate degree,
25 including college-preparatory courses defined in s. 239.105.
26 (4) Any proprietor, owner, or worker of a company
27 whose business has been at least 50 percent negatively
28 financially impacted by the buy-out of property around Lake
29 Apopka by the State of Florida is exempt from the payment of
30 registration, matriculation, and laboratory fees. A student
31 receiving a fee exemption in accordance with this subsection
12
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SENATE AMENDMENT
Bill No. HB 4259, 1st Eng.
Amendment No.
1 must not have received compensation because of the buy-out,
2 must be designated a Florida resident for tuition purposes
3 pursuant to s. 240.1201, and must first have applied for and
4 been denied financial aid, pursuant to s. 240.404, which would
5 have provided, at a minimum, payment of all student fees. The
6 student is responsible for providing evidence to the
7 postsecondary education institution verifying that the
8 conditions of this subsection have been met, including support
9 documentation provided by the Department of Revenue. The
10 student must be currently enrolled in, or begin coursework
11 within, a program area by fall semester 2000. The exemption
12 is valid for a period of 4 years from the date that the
13 postsecondary education institution confirms that the
14 conditions of this subsection have been met.
15 (11)(10)
16 (c) Up to 25 percent or $250,000, whichever is
17 greater, of the fees collected may be used to assist students
18 who demonstrate academic merit, who participate in athletics,
19 public service, cultural arts, and other extracurricular
20 programs as determined by the institution, or who are
21 identified as members of a targeted gender or ethnic minority
22 population. The financial aid fee revenues allocated for
23 athletic scholarships and fee exemptions provided pursuant to
24 subsection (15) (14) for athletes shall be distributed
25 equitably as required by s. 228.2001(3)(d). A minimum of 50
26 percent of the balance of these funds shall be used to provide
27 financial aid based on absolute need, and the remainder of the
28 funds shall be used for academic merit purposes and other
29 purposes approved by the district boards of trustees. Such
30 other purposes shall include the payment of child care fees
31 for students with financial need. The State Board of
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SENATE AMENDMENT
Bill No. HB 4259, 1st Eng.
Amendment No.
1 Community Colleges shall develop criteria for making financial
2 aid awards. Each college shall report annually to the
3 Department of Education on the criteria used to make awards,
4 the amount and number of awards for each criterion, and a
5 delineation of the distribution of such awards. Awards which
6 are based on financial need shall be distributed in accordance
7 with a nationally recognized system of need analysis approved
8 by the State Board of Community Colleges. An award for
9 academic merit shall require a minimum overall grade point
10 average of 3.0 on a 4.0 scale or the equivalent for both
11 initial receipt of the award and renewal of the award.
12 Section 10. Subsections (4) and (7) of section 240.36,
13 Florida Statutes, are amended to read:
14 240.36 Dr. Philip Benjamin Academic Improvement Trust
15 Fund for Community Colleges.--
16 (4) Challenge grants shall be proportionately
17 allocated from the trust fund on the basis of matching each $4
18 of state funds with $6 of local or private funds. The matching
19 funds shall come from contributions made after July 1, 1983,
20 for the purposes of matching this grant. To be eligible, a
21 minimum of $4,500 must be raised from private sources, and
22 such contributions must be in excess of the total average
23 annual cash contributions made to the foundation at each
24 community college in the 3 fiscal years before July 1, 1983.
25 (7)(a) The board of trustees of the community college
26 and the State Board of Community Colleges are responsible for
27 determining the uses for the proceeds of their respective
28 trust funds. Such uses of the proceeds shall be limited to
29 expenditure of the funds for:
30 1. Scientific and technical equipment.
31 2. Other activities that will benefit future students
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SENATE AMENDMENT
Bill No. HB 4259, 1st Eng.
Amendment No.
1 as well as students currently enrolled at the community
2 college and that will improve the quality of education at the
3 community college or in the community college system.
4 3. Scholarships, loans, or need-based grants, which
5 are the lowest priority for use of these funds.
6 (b) If a community college includes scholarships,
7 loans, or need-based grants in its proposal, it shall create
8 an endowment in its academic improvement trust fund and use
9 the earnings of the endowment to provide scholarships, loans,
10 or need-based grants. in its proposal, it shall create an
11 endowment in its academic improvement trust fund and use the
12 earnings of the endowment to provide scholarships. Such
13 scholarships must be program specific and require high
14 academic achievement for students to qualify for or retain the
15 scholarship. A scholarship program may be used for minority
16 recruitment but may not be used for athletic participants. The
17 board of trustees may award scholarships to students in
18 associate in arts programs and vocational programs. However,
19 for vocational programs, the board of trustees must have
20 designated the program as a program of emphasis for quality
21 improvement, a designation that should be restricted to a
22 limited number of programs at the community college. In
23 addition, the board of trustees must have adopted a specific
24 plan that details how the community college will improve the
25 quality of the program designated for emphasis and that
26 includes quality measures and outcome measures. Over a period
27 of time, the community college operating budget should show
28 additional financial commitment to the program of emphasis
29 above and beyond the average increases to other programs
30 offered by the community college. Fundraising activities must
31 be specifically identified as being for the program of
15
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SENATE AMENDMENT
Bill No. HB 4259, 1st Eng.
Amendment No.
1 emphasis or scholarship money. The community college must
2 fully levy the amount for financial aid purposes provided by
3 s. 240.35(10) in addition to the tuition and matriculation fee
4 before any scholarship funds are awarded to the community
5 college as part of its approved request.
6 (b)(c) Proposals for use of the trust fund shall be
7 submitted to the State Board of Community Colleges for
8 approval. Any proposal not acted upon in 60 days shall be
9 considered not approved.
10 Section 11. Subsection (5) of section 240.382, Florida
11 Statutes, is amended to read:
12 240.382 Establishment of child development training
13 centers at community colleges.--
14 (5) In addition to revenues derived from child care
15 fees charged to parents and other external resources, each
16 child development training center may be funded by a portion
17 of funds from the student activity and service fee authorized
18 by s. 240.35(10)(9) and the capital improvement fee authorized
19 by s. 240.35(14)(13). Community colleges are authorized to
20 transfer funds as necessary from the college's general fund to
21 support the operation of the child development training
22 center.
23 Section 12. Subsection (2) of section 240.4097,
24 Florida Statutes, is amended to read:
25 240.4097 Florida Postsecondary Student Assistance
26 Grant Program; eligibility for grants.--
27 (2)(a) Florida postsecondary student assistance grants
28 through the State Student Financial Assistance Trust Fund may
29 be made only to full-time degree-seeking students who meet the
30 general requirements for student eligibility as provided in s.
31 240.404, except as otherwise provided in this section. Such
16
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SENATE AMENDMENT
Bill No. HB 4259, 1st Eng.
Amendment No.
1 grants shall be awarded for the amount of demonstrated unmet
2 need for tuition and fees and may not exceed a total of $1,500
3 per academic year, or as specified in the General
4 Appropriations Act, to any applicant. A demonstrated unmet
5 need of less than $200 shall render the applicant ineligible
6 for a Florida postsecondary student assistance grant.
7 Recipients of such grants must have been accepted at a
8 postsecondary institution that is located in and chartered as
9 a domestic corporation by the state and that is:
10 1. A private nursing diploma school approved by the
11 Florida Board of Nursing; or
12 2. An institution either licensed by the State Board
13 of Independent Colleges and Universities or exempt from
14 licensure pursuant to s. 246.085(1)(a), excluding those
15 institutions the students of which are eligible to receive a
16 Florida private student assistance grant pursuant to s.
17 240.4095.
18
19 No student may receive an award for more than the equivalent
20 of 9 semesters or 14 quarters in a period of not more than 6
21 consecutive years, except as otherwise provided in s.
22 240.404(3).
23 (b) A student applying for a Florida postsecondary
24 student assistance grant shall be required to apply for the
25 Pell Grant. The Pell Grant entitlement shall be considered by
26 the department when conducting an assessment of the financial
27 resources available to each student.
28 (c) The criteria and procedure for establishing
29 standards of eligibility shall be determined by the
30 department. The department is directed to establish a rating
31 system upon which to base the approval of grants, including
17
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SENATE AMENDMENT
Bill No. HB 4259, 1st Eng.
Amendment No.
1 the use of a nationally recognized system of need analysis.
2 The system shall include a certification of acceptability by
3 the school of the applicant's choice. Priority in the
4 distribution of grant moneys shall be given to students with
5 the lowest total family resources, as determined pursuant to
6 this subsection, taking into consideration the receipt of Pell
7 Grants and student contributions to educational costs.
8 (d) The department is directed to establish, for fall
9 enrollment, an initial application deadline for students
10 attending all eligible institutions and an additional
11 application deadline for students who apply to all eligible
12 institutions after the initial application deadline. The
13 second deadline shall be October 1 following the initial
14 application deadline. The department shall reserve an amount
15 to be designated annually in the General Appropriations Act
16 for the purpose of providing awards to postsecondary students
17 who apply for a student assistance grant after the initial
18 application deadline. Applicants who apply during the initial
19 application period and are eligible to receive an award, but
20 do not receive an award because of insufficient funds, shall
21 have their applications reconsidered with those applicants who
22 apply after the initial application deadline. The provisions
23 of this paragraph shall take effect with the 1999-2000
24 academic year.
25 Section 13. Section 246.201, Florida Statutes, is
26 amended to read:
27 246.201 Legislative intent.--
28 (1) Sections 246.201-246.231 shall provide for the
29 protection of the health, education, and welfare of the
30 citizens of Florida and shall facilitate and promote the
31 acquisition of a minimum satisfactory career, technical,
18
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SENATE AMENDMENT
Bill No. HB 4259, 1st Eng.
Amendment No.
1 trade, and business education by all the citizens of this
2 state. There are presently many fine nonpublic schools
3 existing in this state, but there are some nonpublic schools
4 which do not generally offer those educational opportunities
5 which the citizens of Florida deem essential. The latter type
6 of school also fails to contribute to the ultimate health,
7 education, and welfare of the citizens of Florida. It shall
8 be in the interest of, and essential to, the public health and
9 welfare that the state create the means whereby all nonpublic
10 postsecondary career independent degree career education,
11 technical, trade, and business schools as defined in s.
12 246.203(1) shall satisfactorily meet minimum educational
13 standards and fair consumer practices.
14 (2) A common practice in our society is to use
15 diplomas and degrees for many purposes. Some of these
16 purposes are: for employers to judge the qualifications of
17 prospective employees; for public and nonpublic professional
18 groups, vocational groups, educational agencies, governmental
19 agencies, and educational institutions to determine the
20 qualifications for admission to, and continuation of,
21 educational goals, occupational goals, professional
22 affiliations, or occupational affiliations; and for public and
23 professional assessment of the extent of competency of
24 individuals engaged in a wide range of activities within our
25 society.
26 (3) Because of the common use of diplomas and degrees,
27 the minimum legal requirements provided by ss. 246.201-246.231
28 for the establishment and operation of nonpublic postsecondary
29 career independent degree career education, technical, trade,
30 and business schools shall protect the individual student from
31 deceptive, fraudulent, or substandard education; protect such
19
8:29 PM 04/27/98 h4259c-32m0b
SENATE AMENDMENT
Bill No. HB 4259, 1st Eng.
Amendment No.
1 independent degree career education, technical, trade, and
2 business schools; and protect the citizens of Florida holding
3 diplomas or degrees.
4 (4) Nothing contained herein is intended in any way,
5 nor shall be construed, to regulate the stated purpose of an
6 independent degree career education, technical, trade, and
7 business school or to restrict any religious instruction or
8 training in a nonpublic school. Any school or business
9 regulated by the state or approved, certified, or regulated by
10 the Federal Aviation Administration is hereby expressly exempt
11 from ss. 246.201-246.231. Nonprofit schools, owned,
12 controlled, operated, and conducted by religious,
13 denominational, eleemosynary, or similar public institutions
14 exempt from property taxation under the laws of this state
15 shall be exempt from the provisions of ss. 246.201-246.231.
16 However, such schools may choose to apply for a license
17 hereunder, and, upon approval and issuance thereof, such
18 schools shall be subject to ss. 246.201-246.231.
19 Section 14. Subsections (1) and (7) of section
20 246.203, Florida Statutes, are amended to read:
21 246.203 Definitions.--As used in ss. 246.201-246.231,
22 unless the context otherwise requires:
23 (1) "School" means any nonpublic postsecondary
24 noncollegiate career educational institution, association,
25 corporation, person, partnership, or organization of any type
26 that:
27 (a) Offers to provide or provides any postsecondary
28 program of instruction, course, or class through the student's
29 personal attendance, in the presence of an instructor, in a
30 classroom, clinical, or other practicum setting or through
31 correspondence or other distance learning; and
20
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SENATE AMENDMENT
Bill No. HB 4259, 1st Eng.
Amendment No.
1 (b) Represents, directly or by implication, that the
2 instruction will qualify the student for employment in any
3 occupation whose practice in this state does not require a
4 degree, as defined in s. 246.021(5); and
5 (c) Receives remuneration from the student or any
6 other source on the enrollment of a student or on the number
7 of students enrolled; or
8 (d) Offers to award or awards a diploma, as defined in
9 subsection (6), regardless of whether or not it engages in the
10 activities described in paragraph (a), paragraph (b), or
11 paragraph (c). nongovernmental, postsecondary, vocational,
12 technical, trade, or business noncollegiate educational
13 institution, organization program, home study course, or class
14 maintained or conducted in residence or through correspondence
15 by any person, partnership, association, organization, or
16 corporation for the purpose of offering instruction of any
17 kind leading to occupational objectives or of furnishing a
18 diploma, as defined in subsection (6), in business,
19 management, trade, technical, or other career education and
20 professional schools not otherwise regulated. Nonpublic
21 colleges and universities which award a baccalaureate or
22 higher degree, and nonpublic junior colleges which award an
23 associate degree in liberal arts do not fall under the
24 authority granted in ss. 246.201-246.231 unless the college,
25 university, or junior college conducts, or seeks to conduct, a
26 program for which a diploma, as defined in subsection (6), is
27 to be awarded. Any nonpublic college, university, or junior
28 college which conducts or seeks to conduct a diploma program
29 shall, for the purposes of ss. 246.201-246.231, be included in
30 the definition of "school." Schools offering only examination
31 preparation courses for which they do not award a diploma as
21
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SENATE AMENDMENT
Bill No. HB 4259, 1st Eng.
Amendment No.
1 defined in subsection (6) do not fall under the authority
2 granted in ss. 246.201-246.231; nor does a nonprofit class
3 provided and operated entirely by an employer, a group of
4 employers in related business or industry, or a labor union
5 solely for its employees or prospective employees or members.
6 (7) "Board" means the State Board of Nonpublic Career
7 Education Independent Postsecondary Vocational, Technical,
8 Trade, and Business Schools.
9 Section 15. Subsections (1) and (2) of section
10 246.205, Florida Statutes, are amended to read:
11 246.205 State Board of Nonpublic Career Education
12 Independent Postsecondary Vocational, Technical, Trade, and
13 Business Schools.--
14 (1) There shall be established in the Department of
15 Education a State Board of Nonpublic Career Education
16 Independent Postsecondary Vocational, Technical, Trade, and
17 Business Schools. The board shall be assigned to the
18 Department of Education only for the purpose of payroll,
19 procurement, and related administrative functions which shall
20 be exercised by the head of the department. The board shall
21 independently exercise the other powers, duties, and functions
22 prescribed by law. The board shall include nine members,
23 appointed by the Governor as follows:
24 (a) One from a business school;
25 (b) One from a technical school;
26 (c) One from a home study school;
27 (d) One from a nonpublic school;
28 (e) Four from business and industry; and
29 (f) An administrator of vocational-technical education
30 from a public school district or community college.
31 (2) Each of the members shall be appointed by the
22
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SENATE AMENDMENT
Bill No. HB 4259, 1st Eng.
Amendment No.
1 Governor, subject to confirmation by the Senate, for a term of
2 3 years. Of the original members appointed by the Governor,
3 three shall serve for terms of 1 year, three shall serve for
4 terms of 2 years, and three shall serve for terms of 3 years.
5 Of the appointive members from the nonpublic postsecondary
6 career independent schools, each shall have occupied executive
7 or managerial positions in a nonpublic postsecondary career an
8 independent school in this state for at least 5 years. All
9 members shall be residents of this state. In the event of a
10 vacancy on the board caused other than by the expiration of a
11 term, the Governor shall appoint a successor to serve the
12 unexpired term.
13 Section 16. Subsection (1) and paragraph (e) of
14 subsection (2) of section 246.207, Florida Statutes, are
15 amended to read:
16 246.207 Powers and duties of board.--
17 (1) The board shall:
18 (a) Hold such meetings as are necessary to administer
19 efficiently the provisions of ss. 246.201-246.231.
20 (b) Select annually a chairperson and a vice
21 chairperson.
22 (c) Adopt and use an official seal in the
23 authentication of its acts.
24 (c)(d) Make rules for its own government.
25 (d)(e) Prescribe and recommend to the State Board of
26 Education rules as are required by ss. 246.201-246.231 or as
27 it may find necessary to aid in carrying out the objectives
28 and purposes of ss. 246.201-246.231.
29 (e)(f) Administer ss. 246.201-246.231 and execute such
30 rules adopted pursuant thereto by the State Board of Education
31 for the establishment and operation of nonpublic postsecondary
23
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SENATE AMENDMENT
Bill No. HB 4259, 1st Eng.
Amendment No.
1 career independent schools as defined in s. 246.203(1).
2 (f)(g) Appoint, on the recommendation of its
3 chairperson, executives, deputies, clerks, and employees of
4 the board.
5 (g)(h) Maintain a record of its proceedings.
6 (h)(i) Cooperate with other state and federal agencies
7 in administering ss. 246.201-246.231.
8 (i)(j) Prepare an annual budget.
9 (j)(k) Transmit all fees, donations, and other
10 receipts of money to the Institutional Assessment Trust Fund
11 State Treasurer to be deposited in the General Revenue Fund.
12 (k)(l) Transmit to the Governor, the Speaker of the
13 House of Representatives, the President of the Senate, the
14 minority leader of the Senate, and the minority leader of the
15 House of Representatives on July 1, 1987, and each succeeding
16 year an annual report which shall include, but not be limited
17 to:
18 1. A detailed accounting of all funds received and
19 expended.
20 2. The number of complaints received and investigated,
21 by type.
22 3. The number of findings of probable cause.
23 4. A description of disciplinary actions taken, by
24 statutory classification.
25 5. A description of all administrative hearings and
26 court actions.
27 6. A description of the board's major activities
28 during the previous year.
29 (l)(m) Assure that no school that has met board
30 requirements established by law or rule be made to operate
31 without a current license due to scheduling of board meetings
24
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SENATE AMENDMENT
Bill No. HB 4259, 1st Eng.
Amendment No.
1 or application procedures for license renewal.
2 (m)(n) Cause to be investigated criminal justice
3 information, as defined in s. 943.045, for each owner,
4 administrator, and agent employed by a school applying for
5 licensure or renewal of licensure.
6 (n)(o) Serve as a central agency for collection and
7 distribution of current information regarding institutions
8 licensed by the board.
9 1. The data collected by the board shall include
10 information relating to the school administration, calendar
11 system, admissions requirements, student costs and financial
12 obligations, financial aid information, refund policy,
13 placement services, number of full-time and part-time faculty,
14 student enrollment and demographic figures, programs, and
15 off-campus programs. Other information shall be collected in
16 response to specific needs or inquiries. Financial
17 information of a strictly proprietary, commercial nature is
18 excluded from this requirement.
19 2. The data collected by the board must also include
20 the data for the career education program evaluation reports
21 required by s. 239.233 for each school that chooses to provide
22 public information under s. 239.245.
23 3. The board shall provide to each participating
24 institution annually the format, definitions, and instructions
25 for submitting the required information.
26 4. The data submitted by each institution shall be
27 accompanied by a letter of certification signed by the chief
28 administrative officer of the institution, affirming that the
29 information submitted is accurate.
30 5. A summary of the data collected by the board shall
31 be included in the annual report to the Governor, the Speaker
25
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SENATE AMENDMENT
Bill No. HB 4259, 1st Eng.
Amendment No.
1 of the House of Representatives and the President of the
2 Senate, the minority leader of the Senate, and the minority
3 leader of the House of Representatives. The information
4 collected by the board may also be used by the Department of
5 Education for such purposes as statewide master planning,
6 state financial aid programs, and publishing directories, by
7 the Legislature, and to respond to consumer inquiries received
8 by the board.
9 (p) Publish and index all policies and agency
10 statements. If a policy or agency statement meets the criteria
11 of a rule, as defined in s. 120.52, the board shall adopt it
12 as a rule.
13 (o)(q) Establish and publicize the procedures for
14 receiving and responding to complaints from students, faculty,
15 and others about schools or programs licensed by the board and
16 shall keep records of such complaints in order to determine
17 their frequency and nature for specific institutions of higher
18 education. With regard to any written complaint alleging a
19 violation of any provision of ss. 246.201-246.231 or any rule
20 promulgated pursuant thereto, the board shall periodically
21 notify, in writing, the person who filed the complaint of the
22 status of the investigation, whether probable cause has been
23 found, and the status of any administrative action, civil
24 action, or appellate action, and if the board has found that
25 probable cause exists, it shall notify, in writing, the party
26 complained against of the results of the investigation and
27 disposition of the complaint. The findings of the probable
28 cause panel, if a panel is established, shall not be disclosed
29 until the information is no longer confidential.
30 (2) The board may:
31 (e) Issue a license to any school subject to ss.
26
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SENATE AMENDMENT
Bill No. HB 4259, 1st Eng.
Amendment No.
1 246.201-246.231 which is exempted excluded from the licensing
2 and regulatory requirements of ss. 246.201-246.231, upon
3 voluntary application for such license and upon payment of the
4 appropriate fee as set forth in s. 246.219.
5 Section 17. Section 246.213, Florida Statutes, is
6 amended to read:
7 246.213 Power of State Board of Education.--
8 (1) The State Board of Education, acting on the
9 recommendation of the State Board of Nonpublic Career
10 Education Independent Postsecondary Vocational, Technical,
11 Trade, and Business Schools, shall adopt such minimum
12 standards and rules as are required for the administration of
13 ss. 246.201-246.231.
14 (2)(a) The minimum educational standards for the
15 licensing of schools shall include, but not be limited to:
16 name of school, purpose, administrative organization,
17 educational program and curricula, finances, financial
18 stability, faculty, library, student personnel services,
19 physical plant and facilities, publications, and disclosure
20 statements about the status of the institution in relation to
21 professional certification and licensure.
22 (b) Rules of the State Board of Education shall
23 require that nonpublic schools administer an entry-level test
24 of basic skills to each student who enrolls in a nondegree
25 program of at least 450 clock hours, or the credit hour
26 equivalent, which purports to prepare such student for
27 employment. The State Board of Nonpublic Career Education
28 Independent Postsecondary Vocational, Technical, Trade, and
29 Business Schools shall designate examinations authorized for
30 use for entry-level testing purposes. State Board of Education
31 rules shall require that applicable schools provide students
27
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SENATE AMENDMENT
Bill No. HB 4259, 1st Eng.
Amendment No.
1 who are deemed to lack a minimal level of basic skills with a
2 structured program of basic skills instruction. No student
3 shall be granted a diploma, as defined in s. 246.203, until he
4 or she has demonstrated mastery of basic skills. Exceptional
5 students, as defined in s. 228.041, may be exempted from the
6 provisions of this paragraph. The State Board of Education
7 shall identify means through which students who are capable of
8 demonstrating mastery of basic skills may be exempted from the
9 provisions of this paragraph.
10 (c) The State Board of Nonpublic Career Education
11 Independent Postsecondary Vocational, Technical, Trade, and
12 Business Schools may request that schools within its
13 jurisdiction provide the board all documents associated with
14 institutional accreditation. The board shall solicit from
15 schools which provide such documents only such additional
16 information undisclosed in the accreditation documents
17 provided. The board may conduct a comprehensive study of a
18 school that fails to provide all documents associated with its
19 institutional accreditation. The cost of such study shall be
20 borne by the institution. Standards imposed by the board shall
21 not be constrained in quality or quantity to those imposed by
22 the respective accrediting body.
23 (d) The State Board of Nonpublic Career Education
24 Independent Postsecondary Vocational, Technical, Trade, and
25 Business Schools shall recommend to the State Board of
26 Education minimum placement standards for institutions that
27 conduct programs that prepare students for employment.
28 (3) The minimum requirements for the licensing of
29 agents shall include: name, residential and business
30 addresses, background training, institution or institutions to
31 be represented, and demonstrated knowledge of statutes and
28
8:29 PM 04/27/98 h4259c-32m0b
SENATE AMENDMENT
Bill No. HB 4259, 1st Eng.
Amendment No.
1 rules related to the authority granted to agents and the
2 limitations imposed upon such authority. No employee of a
3 nonpublic school shall solicit prospective students for
4 enrollment in such school until that employee is licensed by
5 the State Board of Nonpublic Career Education Independent
6 Postsecondary Vocational, Technical, Trade, and Business
7 Schools as an agent.
8 (4) The State Board of Nonpublic Career Education
9 Independent Postsecondary Vocational, Technical, Trade, and
10 Business Schools shall adopt criteria for specialized
11 associate degrees, diplomas, certificates, or other
12 educational credentials that will be recognized in licensed
13 schools. The State Board of Nonpublic Career Education
14 Independent Postsecondary Vocational, Technical, Trade, and
15 Business Schools shall adopt a common definition for each
16 credential. To determine the level of a nonpublic an
17 independent institution's vocational program or to establish
18 criteria for a specialized degree, the board shall use
19 procedures developed pursuant to s. 239.205, which requires
20 the Department of Education to determine the level of each
21 public degree career education program.
22 Section 18. Section 246.215, Florida Statutes, is
23 amended to read:
24 246.215 License required.--
25 (1) No nonpublic postsecondary career independent
26 school required to be licensed pursuant to ss. 246.201-246.231
27 shall be operated or established within the state until such
28 school makes application and obtains a license or
29 authorization from the board. Each nonpublic school that
30 seeks licensure shall first submit articles of incorporation
31 to the Department of State. After the Department of State
29
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SENATE AMENDMENT
Bill No. HB 4259, 1st Eng.
Amendment No.
1 approves such articles and verifies that the articles indicate
2 the corporation is a postsecondary school within the meaning
3 and intent of s. 246.203, the corporation shall apply for
4 licensure by the board within 60 days of approval of the
5 articles. Department of State approval of the articles of
6 incorporation shall not constitute authorization to operate
7 the nonpublic school. The Department of State shall
8 immediately transmit approved articles of incorporation for
9 nonpublic schools to the board.
10 (2) No agent shall solicit any prospective student for
11 enrollment in a nonpublic school until both the agent and the
12 school are appropriately licensed or otherwise authorized by
13 the board.
14 (3) No nonpublic postsecondary career independent
15 school required to be licensed pursuant to ss. 246.201-246.231
16 shall advertise in any manner until such school is granted an
17 appropriate license by the board, nor shall any licensed
18 school advertise in any manner while such school is under an
19 injunction against operating, soliciting students, or offering
20 diplomas.
21 (4) No license granted by the board shall be
22 transferable to another nonpublic postsecondary career
23 independent school or to another agent, nor shall school
24 licensure transfer upon a change in ownership of the
25 institution.
26 (5) Each license granted by the board shall delineate
27 the specific nondegree programs that the nonpublic school is
28 authorized to offer. No such school shall conduct a program
29 unless express authority is granted in its license.
30 (6) A diploma program offered by a nonpublic junior
31 college, college, or university must be licensed by the board,
30
8:29 PM 04/27/98 h4259c-32m0b
SENATE AMENDMENT
Bill No. HB 4259, 1st Eng.
Amendment No.
1 notwithstanding the fact that such institution is concurrently
2 subject to the jurisdiction of the State Board of Independent
3 Colleges and Universities, if such program does the following:
4 (a) The program qualifies a student for employment or
5 engagement in an occupation whose practice in this state does
6 not require a degree.
7 (b) The program awards a diploma, as defined in s.
8 246.203(6), for successful completion, including any program
9 that is organized to give students an option of exiting at a
10 specified point and receiving a diploma, or continuing and
11 receiving a degree, as defined in s. 246.021(5).
12 Section 19. Section 246.216, Florida Statutes, is
13 created to read:
14 246.216 Exemption from licensure.--
15 (1) A person or entity which otherwise fits the
16 definition of school in s. 246.203(1) shall be exempt from
17 licensure if it meets the criteria specified in this section
18 and applies to the board for a statement of exemption. The
19 board shall issue a statement of exemption if it determines,
20 based on all available information, that the applicant meets
21 the following criteria:
22 (a) The entity is a church or religious organization
23 whose programs of instruction include:
24 1. A religious modifier in the title of the program,
25 immediately preceding the name of the occupation to which the
26 instruction relates, and in the title of the diploma.
27 2. No representation, directly or by implication, that
28 individuals who successfully complete the program will be
29 qualified to be employed in the field to which the training
30 relates by an employer other than a church or religious
31 organization.
31
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SENATE AMENDMENT
Bill No. HB 4259, 1st Eng.
Amendment No.
1 3. No students who receive state or federal financial
2 aid to pursue the program;
3 (b) The person or entity is regulated by the Federal
4 Aviation Administration, another agency of the Federal
5 Government, or an agency of the state whose regulatory laws
6 are similar in nature and purpose to those of the board and
7 require minimum educational standards, for at least
8 curriculum, instructors, and academic progress and provide
9 protection against fraudulent, deceptive, and substandard
10 education practices;
11 (c) The person or entity offers only examination
12 preparation courses provided that:
13 1. A diploma as defined in s. 246.203(6) is not
14 awarded.
15 2. The courses do not include state licensing
16 examinations in occupations for which state laws do not
17 require a licensee to have a bachelor's degree or higher
18 academic or professional degree;
19 (d) The person or entity is:
20 1. An employer who offers training and trains only its
21 own bona fide employees;
22 2. A trade or professional association or a group of
23 employers in the same or related business who in writing agree
24 to offer training and to train only individuals who are bona
25 fide employees of an employer who is a member of the
26 association or a party to the written agreement; or
27 3. An independent contractor engaged by any of the
28 foregoing by written contract to provide the training on its
29 behalf exclusively to individuals who are selected by the
30 employer, association, or group which engaged the contractor
31 and who are bona fide employees thereof.
32
8:29 PM 04/27/98 h4259c-32m0b
SENATE AMENDMENT
Bill No. HB 4259, 1st Eng.
Amendment No.
1
2 For purposes of this paragraph, a bona fide employee is an
3 individual who works for salary or wages paid by the employer
4 in at least the minimum amount required by law;
5 (e) The entity is a labor union or group of labor
6 unions which offers training to, and trains only, individuals
7 who are dues paying members of a participating labor union; or
8 the person or entity is an independent contractor engaged by
9 the labor union or group of labor unions, by written contract,
10 to provide the training on its behalf exclusively to
11 individuals who are selected by the labor union or group of
12 labor unions which engaged the contractor and who are dues
13 paying members thereof;
14 (f) The person or entity offers only continuing
15 education programs to individuals who engage in an occupation
16 or profession whose practitioners are subject to licensure,
17 certification, or registration by a state agency which
18 recognizes the programs for continuing education purposes and
19 provides a written statement of such recognition; or
20 (g) The person or entity offers a program of
21 instruction whose objective is not occupational, but is
22 avocational and only for personal enrichment and which:
23 1. Prior to enrollment, gives to each enrollee, and
24 maintains a record copy of, a written statement which states
25 substantially the following: "This program is not designed or
26 intended to qualify its participants and graduates for
27 employment in (the field to which the training pertains). It
28 is intended solely for the avocation, personal enrichment, and
29 enjoyment of its participants."
30 2. Makes no other verbal or written statements which
31 negate the written statement required in subparagraph 1. by
33
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SENATE AMENDMENT
Bill No. HB 4259, 1st Eng.
Amendment No.
1 stating or implying that persons who enroll in or complete the
2 program have any more substantial likelihood of getting
3 employment in the field to which the training pertains than
4 persons who do not.
5 3. Maintains and makes available to the board, upon
6 request, records which demonstrate that each enrollee received
7 the statement required by subparagraph 1. prior to
8 enrollment.
9
10 To be eligible for the statement of exemption, the applicant
11 must maintain records documenting its qualification for
12 exemption. A person or entity which is exempt pursuant to this
13 subsection and which is also a licensee for programs which do
14 not qualify for exemption may not include in the catalog,
15 contract, or advertising relating to its licensed program any
16 reference to its unlicensed programs. This restriction does
17 not apply to a licensee which voluntarily becomes licensed to
18 offer programs which would otherwise qualify for exemption.
19 (2) The board shall revoke a statement of exemption if
20 it determines, based on all available information, that the
21 entity does not meet the criteria required in subsection (1)
22 because of the following:
23 (a) There has been a material change in circumstances
24 or in the law;
25 (b) The statement was erroneously issued as a result
26 of false or misleading information provided by the applicant
27 or other source;
28 (c) There was a misunderstanding by the board of the
29 information which it had considered; or
30 (d) New information has been received.
31
34
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SENATE AMENDMENT
Bill No. HB 4259, 1st Eng.
Amendment No.
1 Probable cause proceedings do not apply to the foregoing board
2 decisions.
3 (3) The board may invoke the remedies provided in s.
4 246.227 when no application for a statement of exemption is
5 pending; in conjunction with, or subsequent to, its notice of
6 denial of an application; or in conjunction with, or
7 subsequent to, its notice of revocation. The filing of a civil
8 action pursuant to s. 246.227 shall have the effect of
9 suspending administrative proceedings under this section
10 unless the board takes a voluntary dismissal without prejudice
11 in a judicial case. An order of the court which determines or
12 renders moot an issue presented in suspended administrative
13 proceedings shall be grounds for dismissal of the
14 administrative proceeding as to that issue.
15 Section 20. Subsection (1) of section 246.219, Florida
16 Statutes, is amended to read:
17 246.219 License fees.--
18 (1) Each initial application for a license to operate
19 a nonpublic postsecondary career school shall be accompanied
20 by a license fee of not less than $500, and each application
21 for the renewal of such license shall be accompanied by an
22 annual license fee of at least $300, provided that the fee for
23 a biennial license shall be at least $600. A fee shall be
24 charged for a supplementary application for the approval of
25 any additional field or course of instruction. Such fees
26 shall be delineated, by rule, by the board.
27 Section 21. Section 246.220, Florida Statutes, is
28 amended to read:
29 246.220 Surety bonds or insurance.--Surety bonds or
30 insurance shall not be required of any school licensed by the
31 State Board of Nonpublic Career Education Independent
35
8:29 PM 04/27/98 h4259c-32m0b
SENATE AMENDMENT
Bill No. HB 4259, 1st Eng.
Amendment No.
1 Postsecondary Vocational, Technical, Trade, and Business
2 Schools, except as may be required by the board to insure the
3 train-out of projected or currently enrolled students,
4 issuance of refunds to projected or currently enrolled
5 students, payment of liabilities to the Student Protection
6 Fund, or for the retrieval or safekeeping of student records.
7 Section 22. Subsections (1) and (4) of section
8 246.2265, Florida Statutes, are amended to read:
9 246.2265 Additional regulatory powers while
10 disciplinary proceedings are pending; cease and desist
11 orders.--
12 (1) The board may, in conjunction with an
13 administrative complaint or notice of denial of licensure,
14 issue cease and desist orders for the purpose of protecting
15 the health, safety, and welfare of students, prospective
16 students, and the general public. Such orders may be
17 mandatory or prohibitory in form and may order a nonpublic an
18 independent postsecondary career institution, officer,
19 employee, or agent to:
20 (a) Cease and desist from specified conduct which
21 relates to acts or omissions stated in the administrative
22 complaint or notice of denial of licensure; or
23 (b) Cease and desist from failing to engage in
24 specified conduct which is necessary to achieve or preserve
25 the regulatory purposes of ss. 246.201-246.231.
26 (4) The executive director of the board, with the
27 approval of the chair of the board, may issue and deliver a
28 cease and desist order to a nonpublic an independent
29 postsecondary career institution.
30 Section 23. Subsections (2) and (3) of section
31 246.227, Florida Statutes, are amended to read:
36
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SENATE AMENDMENT
Bill No. HB 4259, 1st Eng.
Amendment No.
1 246.227 Injunctive relief; unlicensed operation of a
2 school; cease and desist notice; civil penalty.--
3 (2) An unlicensed nonpublic independent postsecondary
4 career institution required to be licensed pursuant to ss.
5 246.201-246.231 that advertises or causes advertisements to be
6 made public through which students are solicited for
7 enrollment or are offered diplomas shall be in violation of
8 the provisions of ss. 246.201-246.231. A licensed nonpublic
9 independent postsecondary career institution that is under
10 temporary or permanent injunction against operating or
11 offering diplomas that advertises or causes advertisements to
12 be made public through which students are solicited for
13 enrollment or are offered diplomas shall be in violation of
14 such injunctive order upon presentation to the court of the
15 advertisement.
16 (3) The executive director of the board, with the
17 approval of the chair of the board, may issue and deliver a
18 cease and desist order to any nonpublic independent
19 postsecondary career institution or agent required to be
20 licensed pursuant to ss. 246.201-246.231 that is not so
21 licensed. The board may file, in the name of the state, a
22 proceeding which seeks issuance of an injunction against any
23 person in violation of any provision of such order.
24 Section 24. Subsection (1) of section 246.31, Florida
25 Statutes, is amended to read:
26 246.31 Institutional Assessment Trust Fund.--
27 (1) There is created an Institutional Assessment Trust
28 Fund to be administered by the Department of Education
29 pursuant to this section and rules of the State Board of
30 Education. The trust fund shall consist of all fees and fines
31 imposed upon nonpublic colleges and schools pursuant to this
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SENATE AMENDMENT
Bill No. HB 4259, 1st Eng.
Amendment No.
1 chapter, including all fees collected from nonpublic colleges
2 for participation in the common course designation and
3 numbering system. The department shall maintain separate
4 revenue accounts for the State Board of Independent Colleges
5 and Universities; the State Board of Nonpublic Career
6 Education Independent Postsecondary Vocational, Technical,
7 Trade, and Business Schools; and the Department of Education.
8 Section 25. Subsection (6) of section 20.15, Florida
9 Statutes, is amended to read:
10 20.15 Department of Education.--There is created a
11 Department of Education.
12 (6) COUNCILS AND COMMITTEES.--Notwithstanding anything
13 contained in law to the contrary, the Commissioner of
14 Education shall appoint all members of all councils and
15 committees of the Department of Education, except the Board of
16 Regents, the State Board of Community Colleges, the community
17 college district boards of trustees, the Postsecondary
18 Education Planning Commission, the Education Practices
19 Commission, the Education Standards Commission, the State
20 Board of Independent Colleges and Universities, the Florida
21 Commission on Education Reform and Accountability, and the
22 State Board of Nonpublic Career Education Independent
23 Postsecondary Vocational, Technical, Trade, and Business
24 Schools.
25 Section 26. Subsection (5) of section 240.40204,
26 Florida Statutes, is amended to read:
27 240.40204 Florida Bright Futures Scholarship Program;
28 eligible postsecondary education institutions.--A student is
29 eligible for an award or the renewal of an award from the
30 Florida Bright Futures Scholarship Program if the student
31 meets the requirements for the program as described in this
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SENATE AMENDMENT
Bill No. HB 4259, 1st Eng.
Amendment No.
1 act and is enrolled in a postsecondary education institution
2 that meets the description in any one of the following
3 subsections:
4 (5) A Florida independent postsecondary education
5 institution that is licensed by the State Board of Nonpublic
6 Career Education Independent Postsecondary Vocational,
7 Technical, Trade, or Business Schools and which:
8 (a) Has a program completion and placement rate of at
9 least the rate required by the current Florida Statutes, the
10 Florida Administrative Code, or the Department of Education
11 for an institution at its level; and
12 (b) Shows evidence of sound financial condition; and
13 either:
14 1. Is accredited at the institutional level by an
15 accrediting agency recognized by the United States Department
16 of Education and has operated in the state for at least 3
17 years during which there has been no complaint for which
18 probable cause has been found; or
19 2. Has operated in Florida for 5 years during which
20 there has been no complaint for which probable cause has been
21 found.
22 Section 27. Subsection (3) of section 246.011, Florida
23 Statutes, is amended to read:
24 246.011 Purpose.--
25 (3) It is the intent of the Legislature that a
26 nonpublic college which offers both degrees and vocational
27 certificates or diplomas shall be subject to the rules of the
28 State Board of Independent Colleges and Universities as
29 provided by ss. 246.011-246.151 and the State Board of
30 Nonpublic Career Education Independent Postsecondary
31 Vocational, Technical, Trade, and Business Schools as provided
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SENATE AMENDMENT
Bill No. HB 4259, 1st Eng.
Amendment No.
1 by ss. 246.201-246.231.
2 Section 28. Subsection (3) of section 246.081, Florida
3 Statutes, is amended to read:
4 246.081 License, certificate of exemption, or
5 authorization required; exceptions.--
6 (3) No nonpublic college shall continue to conduct or
7 begin to conduct any diploma program, as defined in s.
8 246.203, unless the college applies for and obtains from the
9 State Board of Nonpublic Career Education Independent
10 Postsecondary Vocational, Technical, Trade, and Business
11 Schools a license or authorization for such diploma program in
12 the manner and form prescribed by the State Board of Nonpublic
13 Career Education Independent Postsecondary Vocational,
14 Technical, Trade, and Business Schools.
15 Section 29. Subsection (3) of section 246.085, Florida
16 Statutes, is amended to read:
17 246.085 Certificate of exemption.--
18 (3) Any college which holds a certificate of exemption
19 and which conducts any diploma program, as defined in s.
20 246.203, shall be subject to licensure of such diploma program
21 by the State Board of Nonpublic Career Education Independent
22 Postsecondary Vocational, Technical, Trade, and Business
23 Schools.
24 Section 30. Subsection (3) of section 246.091, Florida
25 Statutes, is amended to read:
26 246.091 License period and renewal.--
27 (3) A licensed college which seeks to conduct any
28 diploma program, as defined in s. 246.203, shall apply to the
29 State Board of Nonpublic Career Education Independent
30 Postsecondary Vocational, Technical, Trade, and Business
31 Schools for licensure for such program.
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SENATE AMENDMENT
Bill No. HB 4259, 1st Eng.
Amendment No.
1 Section 31. Subsection (1) of section 246.111, Florida
2 Statutes, is amended to read:
3 246.111 Denial, probation, or revocation of license or
4 certificate of exemption.--
5 (1) Any temporary license, provisional license, or
6 regular license, agent's license, certificate of exemption, or
7 other authorization required under the provisions of ss.
8 246.011-246.151 may be denied, placed on probation, or revoked
9 by the board. A college which has its certificate of
10 exemption revoked shall become subject to the licensing
11 provisions of the board. The board shall promulgate rules for
12 these actions. Placement of a college on probation for a
13 period of time and subject to such conditions as the board may
14 specify may also carry the imposition of an administrative
15 fine not to exceed $5,000. Such fine shall be deposited into
16 the Institutional Assessment Trust Fund. Disciplinary action
17 undertaken pursuant to this section against a college that is
18 also licensed by the State Board of Nonpublic Career Education
19 Independent Postsecondary Vocational, Technical, Trade, and
20 Business Schools shall prompt disciplinary proceedings
21 pursuant to s. 246.226.
22 Section 32. Subsection (1) of section 246.50, Florida
23 Statutes, is amended to read:
24 246.50 Certified Teacher-Aide Welfare Transition
25 Program; participation by independent postsecondary
26 schools.--An independent postsecondary school may participate
27 in the Certified Teacher-Aide Welfare Transition Program and
28 may receive incentives for successful performance from the
29 Performance Based Incentive Funding Program if:
30 (1) The school is accredited by the Southern
31 Association of Colleges and Schools and licensed by the State
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SENATE AMENDMENT
Bill No. HB 4259, 1st Eng.
Amendment No.
1 Board of Nonpublic Career Education Independent Postsecondary
2 Vocational, Technical, Trade, and Business Schools;
3 Section 33. Section 455.2125, Florida Statutes, is
4 amended to read:
5 455.2125 Consultation with postsecondary education
6 boards prior to adoption of changes to training
7 requirements.--Any state agency or board that has jurisdiction
8 over the regulation of a profession or occupation shall
9 consult with the State Board of Independent Colleges and
10 Universities; the State Board of Nonpublic Career Education
11 Independent Postsecondary Vocational, Technical, Trade, and
12 Business Schools; the Board of Regents; and the State Board of
13 Community Colleges prior to adopting any changes to training
14 requirements relating to entry into the profession or
15 occupation. This consultation must allow the educational board
16 to provide advice regarding the impact of the proposed changes
17 in terms of the length of time necessary to complete the
18 training program and the fiscal impact of the changes. The
19 educational board must be consulted only when an institution
20 offering the training program falls under its jurisdiction.
21 Section 34. Section 455.554, Florida Statutes, is
22 amended to read:
23 455.554 Consultation with postsecondary education
24 boards prior to adoption of changes to training
25 requirements.--Any state agency or board that has jurisdiction
26 over the regulation of a profession or occupation shall
27 consult with the State Board of Independent Colleges and
28 Universities; the State Board of Nonpublic Career Education
29 Independent Postsecondary Vocational, Technical, Trade, and
30 Business Schools; the Board of Regents; and the State Board of
31 Community Colleges prior to adopting any changes to training
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SENATE AMENDMENT
Bill No. HB 4259, 1st Eng.
Amendment No.
1 requirements relating to entry into the profession or
2 occupation. This consultation must allow the educational board
3 to provide advice regarding the impact of the proposed changes
4 in terms of the length of time necessary to complete the
5 training program and the fiscal impact of the changes. The
6 educational board must be consulted only when an institution
7 offering the training program falls under its jurisdiction.
8 Section 35. Subsection (8) of section 467.009, Florida
9 Statutes, is amended to read:
10 467.009 Midwifery programs; education and training
11 requirements.--
12 (8) Nonpublic educational institutions that conduct
13 approved midwifery programs shall be accredited by a member of
14 the Commission on Recognition of Postsecondary Accreditation
15 and shall be licensed by the State Board of Nonpublic Career
16 Education Independent Postsecondary Vocational, Technical,
17 Trade, and Business Schools.
18 Section 36. Section 476.178, Florida Statutes, is
19 amended to read:
20 476.178 Schools of barbering; licensure.--No private
21 school of barbering shall be permitted to operate without a
22 license issued by the State Board of Nonpublic Career
23 Education Independent Postsecondary Vocational, Technical,
24 Trade, and Business Schools pursuant to chapter 246. However,
25 this section shall not be construed to prevent certification
26 by the Department of Education of barber training programs
27 within the public school system or to prevent government
28 operation of any other program of barbering in this state.
29 Section 37. Section 477.023, Florida Statutes, is
30 amended to read:
31 477.023 Schools of cosmetology; licensure.--No private
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SENATE AMENDMENT
Bill No. HB 4259, 1st Eng.
Amendment No.
1 school of cosmetology shall be permitted to operate without a
2 license issued by the State Board of Nonpublic Career
3 Education Independent Postsecondary Vocational, Technical,
4 Trade, and Business Schools pursuant to chapter 246. However,
5 nothing herein shall be construed to prevent certification by
6 the Department of Education of cosmetology training programs
7 within the public school system or to prevent government
8 operation of any other program of cosmetology in this state.
9 Section 38. Section 488.01, Florida Statutes, is
10 amended to read:
11 488.01 License to engage in business of operating a
12 driver's school required.--The Department of Highway Safety
13 and Motor Vehicles shall oversee and license all commercial
14 driver's schools except truck driving schools. All commercial
15 truck driving schools shall be required to be licensed
16 pursuant to chapter 246, and additionally shall be subject to
17 the provisions of ss. 488.04 and 488.05. No person, group,
18 organization, institution, business entity, or corporate
19 entity may engage in the business of operating a driver's
20 school without first obtaining a license therefor from the
21 Department of Highway Safety and Motor Vehicles pursuant to
22 this chapter or from the State Board of Nonpublic Career
23 Education Independent Postsecondary Vocational, Technical,
24 Trade, and Business Schools pursuant to chapter 246.
25 Section 39. This act shall take effect July 1, 1998.
26
27
28 ================ T I T L E A M E N D M E N T ===============
29 And the title is amended as follows:
30 Delete everything before the enacting clause
31
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SENATE AMENDMENT
Bill No. HB 4259, 1st Eng.
Amendment No.
1 and insert:
2 A bill to be entitled
3 An act relating to postsecondary education;
4 amending s. 232.2466, F.S.; revising
5 requirements for the college-ready diploma
6 program; amending s. 239.117, F.S.; exempting
7 specified students from postsecondary fees;
8 amending s. 239.225, F.S.; revising provisions
9 relating to the Vocational Improvement Program;
10 amending s. 240.1163, F.S.; revising dual
11 enrollment provisions; amending s. 240.235,
12 F.S.; exempting specified university students
13 from fees; amending s. 240.311, F.S., relating
14 to powers and duties of the State Board of
15 Community Colleges; amending s. 240.321, F.S.,
16 relating to duties of community college
17 district boards of trustees; requiring
18 notification of alternative remedial options;
19 amending s. 240.324, F.S., relating to the
20 community college accountability process;
21 providing for coinciding reporting deadlines;
22 clarifying language; amending s. 240.35, F.S.;
23 exempting specified community college students
24 from fees; amending s. 240.36, F.S.; revising
25 provisions relating to the uses of a trust fund
26 for community colleges; amending s. 240.382,
27 F.S.; correcting a cross-reference; amending s.
28 240.4097, F.S., relating to the Florida
29 Postsecondary Student Assistance Grant Program;
30 requiring the establishment of application
31 deadlines; amending s. 246.201, F.S.; revising
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SENATE AMENDMENT
Bill No. HB 4259, 1st Eng.
Amendment No.
1 legislative intent; amending s. 246.203, F.S.;
2 renaming the State Board of Independent
3 Postsecondary Vocational, Technical, Trade, and
4 Business Schools the State Board of Nonpublic
5 Career Education; revising definition of
6 schools regulated by the board; amending s.
7 246.205, F.S.; conforming provisions; amending
8 s. 246.207, F.S.; revising powers and duties of
9 the board; amending s. 246.213, F.S.;
10 conforming provisions; amending s. 246.215,
11 F.S.; requiring licensing of specified programs
12 by the board; creating s. 246.216, F.S.;
13 providing for exemption from licensure for
14 specified entities; providing for statements of
15 exemption; providing for revocation of
16 statements of exemption; providing for
17 remedies; amending ss. 246.219, 246.220,
18 246.2265, 246.227, and 246.31, F.S.; conforming
19 provisions; amending ss. 20.15, 240.40204,
20 246.011, 246.081, 246.085, 246.091, 246.111,
21 246.50, 455.2125, 455.554, 467.009, 476.178,
22 477.023, and 488.01, F.S.; conforming
23 provisions; providing an effective date.
24
25
26
27
28
29
30
31
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