House Bill 4259

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    Florida House of Representatives - 1998                HB 4259

        By the Committee on Community Colleges & Career Prep and
    Representatives Sindler, Fasano, Wise, Diaz de la Portilla, D.
    Prewitt, Futch, Gay and Harrington




  1                      A bill to be entitled

  2         An act relating to postsecondary education;

  3         amending s. 232.2466, F.S.; revising

  4         requirements for the college-ready diploma

  5         program; amending s. 239.117, F.S.; exempting

  6         specified students from postsecondary fees;

  7         amending s. 239.225, F.S.; revising provisions

  8         relating to the Vocational Improvement Program;

  9         amending s. 240.1163, F.S.; revising dual

10         enrollment provisions; amending s. 240.235,

11         F.S.; exempting specified university students

12         from fees; amending s. 240.321, F.S., relating

13         to duties of community college district boards

14         of trustees; requiring notification of

15         alternative remedial options; providing student

16         requirements relating to enrollment in courses;

17         amending s. 240.324, F.S., relating to the

18         community college accountability process;

19         providing for coinciding reporting deadlines;

20         clarifying language; amending s. 240.35, F.S.;

21         exempting specified community college students

22         from fees; amending s. 240.36, F.S.; revising

23         provisions relating to the matching of funds

24         and the uses of proceeds of a trust fund for

25         community colleges; amending s. 240.382, F.S.;

26         correcting a cross reference; amending s.

27         240.4097, F.S., relating to the Florida

28         Postsecondary Student Assistance Grant Program;

29         requiring the establishment of application

30         deadlines; requiring the State Board of

31         Community Colleges to develop a methodology

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  1         relating to offering baccalaureate programs at

  2         community colleges; requiring recommendations;

  3         amending s. 246.201, F.S.; revising legislative

  4         intent; amending s. 246.203, F.S.; renaming the

  5         State Board of Independent Postsecondary

  6         Vocational, Technical, Trade, and Business

  7         Schools the State Board of Nonpublic Career

  8         Education; revising definition of schools

  9         regulated by the board; amending s. 246.205,

10         F.S.; conforming language; amending s. 246.207,

11         F.S.; revising powers and duties of the board;

12         amending s. 246.213, F.S.; conforming language;

13         amending s. 246.215, F.S.; requiring licensing

14         of specified programs by the board; creating s.

15         246.216, F.S.; providing for exemption from

16         licensure for specified entities; providing for

17         statements of exemption; providing for

18         revocation of statements of exemption;

19         providing for remedies; amending ss. 246.219,

20         246.220, 246.2265, 246.227, and 246.31, F.S.;

21         conforming language; amending ss. 20.15,

22         240.40204, 246.011, 246.081, 246.085, 246.091,

23         246.111, 246.50, 455.2125, 455.554, 467.009,

24         476.178, 477.023, and 488.01, F.S.; conforming

25         language; providing an effective date.

26

27  Be It Enacted by the Legislature of the State of Florida:

28

29         Section 1.  Section 232.2466, Florida Statutes, is

30  amended to read:

31         232.2466  College-ready diploma program.--

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  1         (1)  Beginning with the 1998-1999 1997-1998 school

  2  year, each school district shall award a differentiated

  3  college-ready diploma to each student who:

  4         (a)  Successfully completes the requirements for a

  5  standard high school diploma as proscribed by s. 232.246.

  6  Among courses taken to fulfill the 24-academic-credit

  7  requirement, a student must take high school courses that are

  8  required by the Board of Regents and recommended by the State

  9  Board of Community Colleges as college-preparatory academic

10  courses.:

11         1.  Two credits in algebra and one credit in geometry,

12  or their equivalents, as determined by the state board.

13         2.  One credit in biology, one credit in chemistry, and

14  one credit in physics, or their equivalents, as determined by

15  the state board.

16         3.  Two credits in the same foreign language, taken for

17  elective credit. A student whose native language is not

18  English is exempt from this requirement if the student

19  demonstrates proficiency in the native language. American sign

20  language constitutes a foreign language.

21         (b)  Takes the postsecondary education common placement

22  test prescribed in s. 240.117, or an equivalent test

23  identified by the State Board of Education, before graduation

24  and scores at or above the established statewide passing score

25  in each test area.

26         (2)  A college-ready diploma entitles a student to

27  admission without additional placement testing to a public

28  postsecondary education program that terminates in a technical

29  certificate, an applied technology diploma, an associate in

30  applied science degree, an associate in science degree, or an

31  associate in arts degree, if the student enters postsecondary

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  1  education within 2 years after earning the college-ready

  2  diploma.

  3         (3)  The Department of Education shall periodically

  4  convene a task force of educators and employers to recommend

  5  additional incentives for students to pursue a college-ready

  6  diploma.  The incentives may include awards and recognition,

  7  preference for positions in firms, and early registration

  8  privileges in postsecondary education institutions.

  9         Section 2.  Paragraph (f) is added to subsection (4) of

10  section 239.117, Florida Statutes, to read:

11         239.117  Postsecondary student fees.--

12         (4)  The following students are exempt from the payment

13  of registration, matriculation, and laboratory fees:

14         (f)  A student who is a proprietor, owner, or worker of

15  a company whose business has been at least 50 percent

16  negatively financially impacted by the buy-out of property

17  around Lake Apopka by the State of Florida.  Such a student

18  may receive a fee exemption only if the student has not

19  received compensation because of the buy-out, the student is

20  designated a Florida resident for tuition purposes pursuant to

21  s. 240.1201, and the student has applied for and been denied

22  financial aid, pursuant to s. 240.404, which would have

23  provided, at a minimum, payment of all student fees.  The

24  student is responsible for providing evidence to the

25  postsecondary education institution verifying that the

26  conditions of this paragraph have been met, including support

27  documentation provided by the Department of Revenue.  The

28  student must be currently enrolled in, or begin coursework

29  within, a program area by fall semester 2000.  The exemption

30  is valid for a period of 4 years from the date that the

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  1  postsecondary education institution confirms that the

  2  conditions of this paragraph have been met.

  3         Section 3.  Subsection (1) and paragraph (c) of

  4  subsection (3) of section 239.225, Florida Statutes, are

  5  amended, and subsection (5) is added to said section, to read:

  6         239.225  Vocational Improvement Program.--

  7         (1)  There is established the Vocational Improvement

  8  Program to be administered by the Department of Education

  9  pursuant to this section and rules of the State Board for

10  Career Education. Such rules must provide for the submission

11  of applications and distribution of funds pursuant to this

12  section. The priorities for allocation of funds for the

13  program are the development of vocational programs for

14  disadvantaged persons; recruitment, preservice and inservice

15  activities for vocational counselors and teachers; the

16  development of information systems that are compatible between

17  school districts and community colleges; job placement

18  services for vocational completers; the development of

19  exploratory vocational courses; activities that provide

20  faculty articulation for the purpose of integrating vocational

21  and academic instruction; and activities that ensure greater

22  community involvement in career education.

23         (3)

24         (c)  The State Board for Career Education may adopt

25  rules necessary to implement the provisions of this

26  subsection.

27         (5)  The State Board for Career Education may adopt

28  rules to implement this program.

29         Section 4.  Subsections (4) and (5) are added to

30  section 240.1163, Florida Statutes, to read:

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  1         240.1163  Joint dual enrollment and advanced placement

  2  instruction.--

  3         (4)  School districts and community colleges must weigh

  4  dual enrollment courses the same as honors courses and

  5  advanced placement courses when grade point averages are

  6  calculated. Alternative grade calculation or weighting systems

  7  that discriminate against dual enrollment courses are

  8  prohibited.

  9         (5)  The Commissioner of Education may approve dual

10  enrollment agreements for limited course offerings that have

11  statewide appeal. Such programs shall be limited to a single

12  site with multiple county participation.

13         Section 5.  Subsections (6), (7), (8), and (9) of

14  section 240.235, Florida Statutes, are renumbered as

15  subsections (7), (8), (9), and (10), respectively, and a new

16  subsection (6) is added to said section to read:

17         240.235  Fees.--

18         (6)  Any proprietor, owner, or worker of a company

19  whose business has been at least 50 percent negatively

20  financially impacted by the buy-out of property around Lake

21  Apopka by the State of Florida is exempt from the payment of

22  registration, matriculation, and laboratory fees.   A student

23  receiving a fee exemption in accordance with this subsection

24  must not have received compensation because of the buy-out,

25  must be designated a Florida resident for tuition purposes

26  pursuant to s. 240.1201, and must first have applied for and

27  been denied financial aid, pursuant to s. 240.404, which would

28  have provided, at a minimum, payment of all student fees. The

29  student is responsible for providing evidence to the

30  postsecondary education institution verifying that the

31  conditions of this subsection have been met, including support

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  1  documentation provided by the Department of Revenue.  The

  2  student must be currently enrolled in, or begin coursework

  3  within, a program area by fall semester 2000.  The exemption

  4  is valid for a period of 4 years from the date that the

  5  postsecondary education institution confirms that the

  6  conditions of this subsection have been met.

  7         Section 6.  Section 240.321, Florida Statutes, is

  8  amended to read:

  9         240.321  Community college district board of trustees;

10  rules for admissions of students.--The board of trustees shall

11  make rules governing admissions of students.  These rules

12  shall include the following:

13         (1)  Admissions counseling shall be provided to all

14  students entering college credit programs, which counseling

15  shall utilize tests to measure achievement of college-level

16  communication and computation competencies by all students

17  entering college credit programs.

18         (2)  Admission to associate degree programs is subject

19  to minimum standards adopted by the State Board of Education

20  and shall require:

21         (a)  A standard high school diploma, a high school

22  equivalency diploma as prescribed in s. 229.814, previously

23  demonstrated competency in college credit postsecondary

24  coursework, or, in the case of a student who is home educated,

25  a signed affidavit submitted by the student's parent or legal

26  guardian attesting that the student has completed a home

27  education program pursuant to the requirements of s.

28  232.02(4).  Students who are enrolled in a dual enrollment or

29  early admission program pursuant to s. 240.116 and secondary

30  students enrolled in college-level instruction creditable

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  1  toward the associate degree, but not toward the high school

  2  diploma, shall be exempt from this requirement.

  3         (b)  A demonstrated level of achievement of

  4  college-level communication and computation skills. Students

  5  entering a postsecondary education program within 2 years of

  6  graduation from high school with an earned college-ready

  7  diploma issued pursuant to s. 232.2466 shall be exempt from

  8  this testing requirement.

  9         (c)  Any other requirements established by the board of

10  trustees.

11         (3)  Admission to other programs within the community

12  college shall include education requirements as established by

13  the board of trustees.

14

15  Each board of trustees shall establish policies that notify

16  students about, and place students into, adult basic

17  education, adult secondary education, or other instructional

18  programs that provide students with alternatives to

19  traditional college-preparatory instruction, including private

20  provider instruction. Such notification shall include a

21  written listing or a prominent display of information on

22  alternative remedial options that must be available to each

23  student who scores below college level in any area on the

24  common placement test.  The list or display shall include, but

25  is not limited to, options provided by the community college,

26  adult education programs, and programs provided by

27  private-sector providers.  The college shall not endorse,

28  recommend, evaluate, or rank any of the providers. The list of

29  providers or the display materials shall include all those

30  providers that request to be included.  The written list must

31  provide students with specific contact information and

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  1  disclose the full costs of the course tuition, laboratory

  2  fees, and instructional materials of each option listed.  A

  3  student who elects a private provider for remedial instruction

  4  is entitled to enroll in up to 12 credits of college-level

  5  courses in skill areas other than those for which the student

  6  is being remediated.  A student is prohibited from enrolling

  7  in additional college-level courses until the student scores

  8  above the cut-score on all sections of the common placement

  9  test.

10         Section 7.  Section 240.324, Florida Statutes, is

11  amended to read:

12         240.324  Community college accountability process.--

13         (1)  It is the intent of the Legislature that a

14  management and accountability process be implemented which

15  provides for the systematic, ongoing improvement and

16  assessment of the improvement of the quality and efficiency of

17  the State Community College System.  Accordingly, the State

18  Board of Community Colleges and the community college boards

19  of trustees shall develop and implement an accountability a

20  plan to improve and evaluate the instructional and

21  administrative efficiency and effectiveness of the State

22  Community College System.  This plan shall be designed in

23  consultation with staff of the Governor and the Legislature

24  and must address the following issues:

25         (a)  Graduation rates of A.A. and A.S. degree-seeking

26  students compared to first-time-enrolled students seeking the

27  associate degree.

28         (b)  Minority student and disabled student enrollment

29  and retention rates.

30         (c)  Student performance, including student performance

31  in college-level academic skills, mean grade point averages

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  1  for community college A.A. transfer students, and community

  2  college student performance on state licensure examinations.

  3         (d)  Job placement rates of community college

  4  vocational students.

  5         (e)  Student progression by admission status and

  6  program.

  7         (f)  Vocational accountability standards identified in

  8  s. 239.229.

  9         (g)  Other measures as identified by the Postsecondary

10  Education Planning Commission and approved by the State Board

11  of Community Colleges.

12         (2)  By January 1, 1992, the State Board of Community

13  Colleges shall submit to the Governor, the President of the

14  Senate, and the Speaker of the House of Representatives a plan

15  for addressing these issues.  The plan must provide a specific

16  timetable that identifies specific issues to be addressed each

17  year and must provide for full implementation by December 31,

18  1994. Beginning September 1, 1998 December 31, 1992, the State

19  Board of Community Colleges shall submit an annual interim

20  report, to coincide with the submission of the agency

21  strategic plan required by law, providing the results of

22  initiatives taken during the prior year and the initiatives

23  and related objective performance measures proposed for the

24  next year. The initial plan and each interim plan shall be

25  designed in consultation with staff of the Governor and the

26  Legislature.

27         (3)  Beginning January 1, 1993, The State Board of

28  Community Colleges shall address within the annual evaluation

29  of the performance of the executive director, and the boards

30  of trustees shall address within the annual evaluation of the

31  presidents, the achievement of the performance goals

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  1  established by the accountability process in the community

  2  college accountability plan.

  3         Section 8.  Subsections (4) through (14) of section

  4  240.35, Florida Statutes, as amended by chapter 97-383, Laws

  5  of Florida, are renumbered as subsections (5) through (15),

  6  respectively, paragraph (c) of present subsection (10) is

  7  amended, and a new subsection (4) is added to said section, to

  8  read:

  9         240.35  Student fees.--Unless otherwise provided, the

10  provisions of this section apply only to fees charged for

11  college credit instruction leading to an associate degree,

12  including college-preparatory courses defined in s. 239.105.

13         (4)  Any proprietor, owner, or worker of a company

14  whose business has been at least 50 percent negatively

15  financially impacted by the buy-out of property around Lake

16  Apopka by the State of Florida is exempt from the payment of

17  registration, matriculation, and laboratory fees.  A student

18  receiving a fee exemption in accordance with this subsection

19  must not have received compensation because of the buy-out,

20  must be designated a Florida resident for tuition purposes

21  pursuant to s. 240.1201, and must first have applied for and

22  been denied financial aid, pursuant to s. 240.404, which would

23  have provided, at a minimum, payment of all student fees. The

24  student is responsible for providing evidence to the

25  postsecondary education institution verifying that the

26  conditions of this subsection have been met, including support

27  documentation provided by the Department of Revenue.  The

28  student must be currently enrolled in, or begin coursework

29  within, a program area by fall semester 2000.  The exemption

30  is valid for a period of 4 years from the date that the

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  1  postsecondary education institution confirms that the

  2  conditions of this subsection have been met.

  3         (11)(10)

  4         (c)  Up to 25 percent or $250,000, whichever is

  5  greater, of the fees collected may be used to assist students

  6  who demonstrate academic merit, who participate in athletics,

  7  public service, cultural arts, and other extracurricular

  8  programs as determined by the institution, or who are

  9  identified as members of a targeted gender or ethnic minority

10  population.  The financial aid fee revenues allocated for

11  athletic scholarships and fee exemptions provided pursuant to

12  subsection (15) (14) for athletes shall be distributed

13  equitably as required by s. 228.2001(3)(d).  A minimum of 50

14  percent of the balance of these funds shall be used to provide

15  financial aid based on absolute need, and the remainder of the

16  funds shall be used for academic merit purposes and other

17  purposes approved by the district boards of trustees.  Such

18  other purposes shall include the payment of child care fees

19  for students with financial need.  The State Board of

20  Community Colleges shall develop criteria for making financial

21  aid awards.  Each college shall report annually to the

22  Department of Education on the criteria used to make awards,

23  the amount and number of awards for each criterion, and a

24  delineation of the distribution of such awards.  Awards which

25  are based on financial need shall be distributed in accordance

26  with a nationally recognized system of need analysis approved

27  by the State Board of Community Colleges. An award for

28  academic merit shall require a minimum overall grade point

29  average of 3.0 on a 4.0 scale or the equivalent for both

30  initial receipt of the award and renewal of the award.

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  1         Section 9.  Subsections (4) and (7) of section 240.36,

  2  Florida Statutes, are amended to read:

  3         240.36  Dr. Philip Benjamin Academic Improvement Trust

  4  Fund for Community Colleges.--

  5         (4)  Challenge grants shall be proportionately

  6  allocated from the trust fund on the basis of matching each $4

  7  of state funds with $6 of local or private funds. The matching

  8  funds shall come from contributions made after July 1, 1983,

  9  for the purposes of matching this grant.  To be eligible, a

10  minimum of $12,000 $4,500 must be raised from private sources,

11  and such contributions must be in excess of the total average

12  annual cash contributions made to the foundation at each

13  community college in the 3 fiscal years before July 1, 1983.

14         (7)(a)  The board of trustees of the community college

15  and the State Board of Community Colleges are responsible for

16  determining the uses for the proceeds of their respective

17  trust funds.  Such uses of the proceeds shall be limited to

18  expenditure of the funds for:

19         1.  Scientific and technical equipment.

20         2.  Other activities that will benefit future students

21  as well as students currently enrolled at the community

22  college and that will improve the quality of education at the

23  community college or in the community college system.

24         3.  Need-based grants, loans, or scholarships, which

25  are the lowest priority for use of these funds.

26         (b)  If a community college includes need-based grants,

27  loans, or scholarships in its proposal, it shall create an

28  endowment in its academic improvement trust fund and use the

29  earnings of the endowment to provide need-based grants, loans,

30  or scholarships.  Such scholarships must be program specific

31  and require high academic achievement for students to qualify

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  1  for or retain the scholarship. A scholarship program may be

  2  used for minority recruitment but may not be used for athletic

  3  participants. The board of trustees may award scholarships to

  4  students in associate in arts programs and vocational

  5  programs. However, for vocational programs, the board of

  6  trustees must have designated the program as a program of

  7  emphasis for quality improvement, a designation that should be

  8  restricted to a limited number of programs at the community

  9  college.  In addition, the board of trustees must have adopted

10  a specific plan that details how the community college will

11  improve the quality of the program designated for emphasis and

12  that includes quality measures and outcome measures.  Over a

13  period of time, the community college operating budget should

14  show additional financial commitment to the program of

15  emphasis above and beyond the average increases to other

16  programs offered by the community college.  Fundraising

17  activities must be specifically identified as being for the

18  program of emphasis or scholarship money.  The community

19  college must fully levy the amount for financial aid purposes

20  provided by s. 240.35(10) in addition to the tuition and

21  matriculation fee before any scholarship funds are awarded to

22  the community college as part of its approved request.

23         (c)  Proposals for use of the trust fund shall be

24  submitted to the State Board of Community Colleges for

25  approval.  Any proposal not acted upon in 60 days shall be

26  considered not approved.

27         Section 10.  Subsection (5) of section 240.382, Florida

28  Statutes, is amended to read:

29         240.382  Establishment of child development training

30  centers at community colleges.--

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  1         (5)  In addition to revenues derived from child care

  2  fees charged to parents and other external resources, each

  3  child development training center may be funded by a portion

  4  of funds from the student activity and service fee authorized

  5  by s. 240.35(10)(9) and the capital improvement fee authorized

  6  by s. 240.35(14)(13). Community colleges are authorized to

  7  transfer funds as necessary from the college's general fund to

  8  support the operation of the child development training

  9  center.

10         Section 11.  Subsection (2) of section 240.4097,

11  Florida Statutes, is amended to read:

12         240.4097  Florida Postsecondary Student Assistance

13  Grant Program; eligibility for grants.--

14         (2)(a)  Florida postsecondary student assistance grants

15  through the State Student Financial Assistance Trust Fund may

16  be made only to full-time degree-seeking students who meet the

17  general requirements for student eligibility as provided in s.

18  240.404, except as otherwise provided in this section.  Such

19  grants shall be awarded for the amount of demonstrated unmet

20  need for tuition and fees and may not exceed a total of $1,500

21  per academic year, or as specified in the General

22  Appropriations Act, to any applicant.  A demonstrated unmet

23  need of less than $200 shall render the applicant ineligible

24  for a Florida postsecondary student assistance grant.

25  Recipients of such grants must have been accepted at a

26  postsecondary institution that is located in and chartered as

27  a domestic corporation by the state and that is:

28         1.  A private nursing diploma school approved by the

29  Florida Board of Nursing; or

30         2.  An institution either licensed by the State Board

31  of Independent Colleges and Universities or exempt from

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  1  licensure pursuant to s. 246.085(1)(a), excluding those

  2  institutions the students of which are eligible to receive a

  3  Florida private student assistance grant pursuant to s.

  4  240.4095.

  5

  6  No student may receive an award for more than the equivalent

  7  of 9 semesters or 14 quarters in a period of not more than 6

  8  consecutive years, except as otherwise provided in s.

  9  240.404(3).

10         (b)  A student applying for a Florida postsecondary

11  student assistance grant shall be required to apply for the

12  Pell Grant. The Pell Grant entitlement shall be considered by

13  the department when conducting an assessment of the financial

14  resources available to each student.

15         (c)  The criteria and procedure for establishing

16  standards of eligibility shall be determined by the

17  department.  The department is directed to establish a rating

18  system upon which to base the approval of grants, including

19  the use of a nationally recognized system of need analysis.

20  The system shall include a certification of acceptability by

21  the school of the applicant's choice.  Priority in the

22  distribution of grant moneys shall be given to students with

23  the lowest total family resources, as determined pursuant to

24  this subsection, taking into consideration the receipt of Pell

25  Grants and student contributions to educational costs.

26         (d)  The department is directed to establish, for fall

27  enrollment, an initial application deadline for students

28  attending all eligible institutions and an additional

29  application deadline for students who apply to all eligible

30  institutions after the initial application deadline.  The

31  second deadline shall be October 1 following the initial

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  1  application deadline.  The department shall reserve an amount

  2  to be designated annually in the General Appropriations Act

  3  for the purpose of providing awards to postsecondary students

  4  who apply for a student assistance grant after the initial

  5  application deadline.  Applicants who apply during the initial

  6  application period and are eligible to receive an award, but

  7  do not receive an award because of insufficient funds, shall

  8  have their applications reconsidered with those applicants who

  9  apply after the initial application deadline.  The provisions

10  of this paragraph shall take effect with the 1999-2000

11  academic year.

12         Section 12.  The State Board of Community Colleges

13  shall develop a methodology for determining the need for and

14  costs of offering limited baccalaureate programs at selected

15  community colleges. Recommendations shall be completed by

16  December 31, 1998, for review by the Postsecondary Education

17  Planning Commission and submission to the Legislature on

18  February 1, 1999.

19         Section 13.  Section 246.201, Florida Statutes, is

20  amended to read:

21         246.201  Legislative intent.--

22         (1)  Sections 246.201-246.231 shall provide for the

23  protection of the health, education, and welfare of the

24  citizens of Florida and shall facilitate and promote the

25  acquisition of a minimum satisfactory career, technical,

26  trade, and business education by all the citizens of this

27  state. There are presently many fine nonpublic schools

28  existing in this state, but there are some nonpublic schools

29  which do not generally offer those educational opportunities

30  which the citizens of Florida deem essential.  The latter type

31  of school also fails to contribute to the ultimate health,

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  1  education, and welfare of the citizens of Florida.  It shall

  2  be in the interest of, and essential to, the public health and

  3  welfare that the state create the means whereby all nonpublic

  4  postsecondary career independent degree career education,

  5  technical, trade, and business schools as defined in s.

  6  246.203(1) shall satisfactorily meet minimum educational

  7  standards and fair consumer practices.

  8         (2)  A common practice in our society is to use

  9  diplomas and degrees for many purposes.  Some of these

10  purposes are:  for employers to judge the qualifications of

11  prospective employees; for public and nonpublic professional

12  groups, vocational groups, educational agencies, governmental

13  agencies, and educational institutions to determine the

14  qualifications for admission to, and continuation of,

15  educational goals, occupational goals, professional

16  affiliations, or occupational affiliations; and for public and

17  professional assessment of the extent of competency of

18  individuals engaged in a wide range of activities within our

19  society.

20         (3)  Because of the common use of diplomas and degrees,

21  the minimum legal requirements provided by ss. 246.201-246.231

22  for the establishment and operation of nonpublic postsecondary

23  career independent degree career education, technical, trade,

24  and business schools shall protect the individual student from

25  deceptive, fraudulent, or substandard education; protect such

26  independent degree career education, technical, trade, and

27  business schools; and protect the citizens of Florida holding

28  diplomas or degrees.

29         (4)  Nothing contained herein is intended in any way,

30  nor shall be construed, to regulate the stated purpose of an

31  independent degree career education, technical, trade, and

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  1  business school or to restrict any religious instruction or

  2  training in a nonpublic school. Any school or business

  3  regulated by the state or approved, certified, or regulated by

  4  the Federal Aviation Administration is hereby expressly exempt

  5  from ss. 246.201-246.231.  Nonprofit schools, owned,

  6  controlled, operated, and conducted by religious,

  7  denominational, eleemosynary, or similar public institutions

  8  exempt from property taxation under the laws of this state

  9  shall be exempt from the provisions of ss. 246.201-246.231.

10  However, such schools may choose to apply for a license

11  hereunder, and, upon approval and issuance thereof, such

12  schools shall be subject to ss. 246.201-246.231.

13         Section 14.  Subsections (1) and (7) of section

14  246.203, Florida Statutes, are amended to read:

15         246.203  Definitions.--As used in ss. 246.201-246.231,

16  unless the context otherwise requires:

17         (1)  "School" means any nonpublic postsecondary

18  noncollegiate career educational institution, association,

19  corporation, person, partnership, or organization of any type

20  that:

21         (a)  Offers to provide or provides any postsecondary

22  program of instruction, course, or class through the student's

23  personal attendance, in the presence of an instructor, in a

24  classroom, clinical, or other practicum setting or through

25  correspondence or other distance learning; and

26         (b)  Represents, directly or by implication, that the

27  instruction will qualify the student for employment in any

28  occupation whose practice in this state does not require a

29  degree, as defined in s. 246.021(5); and

30

31

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  1         (c)  Receives remuneration from the student or any

  2  other source on the enrollment of a student or on the number

  3  of students enrolled; or

  4         (d)  Offers to award or awards a diploma, as defined in

  5  subsection (6), regardless of whether or not it engages in the

  6  activities described in paragraph (a), paragraph (b), or

  7  paragraph (c). nongovernmental, postsecondary, vocational,

  8  technical, trade, or business noncollegiate educational

  9  institution, organization program, home study course, or class

10  maintained or conducted in residence or through correspondence

11  by any person, partnership, association, organization, or

12  corporation for the purpose of offering instruction of any

13  kind leading to occupational objectives or of furnishing a

14  diploma, as defined in subsection (6), in business,

15  management, trade, technical, or other career education and

16  professional schools not otherwise regulated.  Nonpublic

17  colleges and universities which award a baccalaureate or

18  higher degree, and nonpublic junior colleges which award an

19  associate degree in liberal arts do not fall under the

20  authority granted in ss. 246.201-246.231 unless the college,

21  university, or junior college conducts, or seeks to conduct, a

22  program for which a diploma, as defined in subsection (6), is

23  to be awarded.  Any nonpublic college, university, or junior

24  college which conducts or seeks to conduct a diploma program

25  shall, for the purposes of ss. 246.201-246.231, be included in

26  the definition of "school." Schools offering only examination

27  preparation courses for which they do not award a diploma as

28  defined in subsection (6) do not fall under the authority

29  granted in ss. 246.201-246.231; nor does a nonprofit class

30  provided and operated entirely by an employer, a group of

31

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  1  employers in related business or industry, or a labor union

  2  solely for its employees or prospective employees or members.

  3         (7)  "Board" means the State Board of Nonpublic Career

  4  Education Independent Postsecondary Vocational, Technical,

  5  Trade, and Business Schools.

  6         Section 15.  Subsections (1) and (2) of section

  7  246.205, Florida Statutes, are amended to read:

  8         246.205  State Board of Nonpublic Career Education

  9  Independent Postsecondary Vocational, Technical, Trade, and

10  Business Schools.--

11         (1)  There shall be established in the Department of

12  Education a State Board of Nonpublic Career Education

13  Independent Postsecondary Vocational, Technical, Trade, and

14  Business Schools.  The board shall be assigned to the

15  Department of Education only for the purpose of payroll,

16  procurement, and related administrative functions which shall

17  be exercised by the head of the department.  The board shall

18  independently exercise the other powers, duties, and functions

19  prescribed by law.  The board shall include nine members,

20  appointed by the Governor as follows:

21         (a)  One from a business school;

22         (b)  One from a technical school;

23         (c)  One from a home study school;

24         (d)  One from a nonpublic school;

25         (e)  Four from business and industry; and

26         (f)  An administrator of vocational-technical education

27  from a public school district or community college.

28         (2)  Each of the members shall be appointed by the

29  Governor, subject to confirmation by the Senate, for a term of

30  3 years.  Of the original members appointed by the Governor,

31  three shall serve for terms of 1 year, three shall serve for

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  1  terms of 2 years, and three shall serve for terms of 3 years.

  2  Of the appointive members from the nonpublic postsecondary

  3  career independent schools, each shall have occupied executive

  4  or managerial positions in a nonpublic postsecondary career an

  5  independent school in this state for at least 5 years.  All

  6  members shall be residents of this state.  In the event of a

  7  vacancy on the board caused other than by the expiration of a

  8  term, the Governor shall appoint a successor to serve the

  9  unexpired term.

10         Section 16.  Subsection (1) and paragraph (e) of

11  subsection (2) of section 246.207, Florida Statutes, are

12  amended to read:

13         246.207  Powers and duties of board.--

14         (1)  The board shall:

15         (a)  Hold such meetings as are necessary to administer

16  efficiently the provisions of ss. 246.201-246.231.

17         (b)  Select annually a chairperson and a vice

18  chairperson.

19         (c)  Adopt and use an official seal in the

20  authentication of its acts.

21         (c)(d)  Make rules for its own government.

22         (d)(e)  Prescribe and recommend to the State Board of

23  Education rules as are required by ss. 246.201-246.231 or as

24  it may find necessary to aid in carrying out the objectives

25  and purposes of ss. 246.201-246.231.

26         (e)(f)  Administer ss. 246.201-246.231 and execute such

27  rules adopted pursuant thereto by the State Board of Education

28  for the establishment and operation of nonpublic postsecondary

29  career independent schools as defined in s. 246.203(1).

30

31

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  1         (f)(g)  Appoint, on the recommendation of its

  2  chairperson, executives, deputies, clerks, and employees of

  3  the board.

  4         (g)(h)  Maintain a record of its proceedings.

  5         (h)(i)  Cooperate with other state and federal agencies

  6  in administering ss. 246.201-246.231.

  7         (i)(j)  Prepare an annual budget.

  8         (j)(k)  Transmit all fees, donations, and other

  9  receipts of money to the Institutional Assessment Trust Fund

10  State Treasurer to be deposited in the General Revenue Fund.

11         (k)(l)  Transmit to the Governor, the Speaker of the

12  House of Representatives, the President of the Senate, the

13  minority leader of the Senate, and the minority leader of the

14  House of Representatives on July 1, 1987, and each succeeding

15  year an annual report which shall include, but not be limited

16  to:

17         1.  A detailed accounting of all funds received and

18  expended.

19         2.  The number of complaints received and investigated,

20  by type.

21         3.  The number of findings of probable cause.

22         4.  A description of disciplinary actions taken, by

23  statutory classification.

24         5.  A description of all administrative hearings and

25  court actions.

26         6.  A description of the board's major activities

27  during the previous year.

28         (l)(m)  Assure that no school that has met board

29  requirements established by law or rule be made to operate

30  without a current license due to scheduling of board meetings

31  or application procedures for license renewal.

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  1         (m)(n)  Cause to be investigated criminal justice

  2  information, as defined in s. 943.045, for each owner,

  3  administrator, and agent employed by a school applying for

  4  licensure or renewal of licensure.

  5         (n)(o)  Serve as a central agency for collection and

  6  distribution of current information regarding institutions

  7  licensed by the board.

  8         1.  The data collected by the board shall include

  9  information relating to the school administration, calendar

10  system, admissions requirements, student costs and financial

11  obligations, financial aid information, refund policy,

12  placement services, number of full-time and part-time faculty,

13  student enrollment and demographic figures, programs, and

14  off-campus programs.  Other information shall be collected in

15  response to specific needs or inquiries.  Financial

16  information of a strictly proprietary, commercial nature is

17  excluded from this requirement.

18         2.  The data collected by the board must also include

19  the data for the career education program evaluation reports

20  required by s. 239.233 for each school that chooses to provide

21  public information under s. 239.245.

22         3.  The board shall provide to each participating

23  institution annually the format, definitions, and instructions

24  for submitting the required information.

25         4.  The data submitted by each institution shall be

26  accompanied by a letter of certification signed by the chief

27  administrative officer of the institution, affirming that the

28  information submitted is accurate.

29         5.  A summary of the data collected by the board shall

30  be included in the annual report to the Governor, the Speaker

31  of the House of Representatives and the President of the

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  1  Senate, the minority leader of the Senate, and the minority

  2  leader of the House of Representatives.  The information

  3  collected by the board may also be used by the Department of

  4  Education for such purposes as statewide master planning,

  5  state financial aid programs, and publishing directories, by

  6  the Legislature, and to respond to consumer inquiries received

  7  by the board.

  8         (p)  Publish and index all policies and agency

  9  statements. If a policy or agency statement meets the criteria

10  of a rule, as defined in s. 120.52, the board shall adopt it

11  as a rule.

12         (o)(q)  Establish and publicize the procedures for

13  receiving and responding to complaints from students, faculty,

14  and others about schools or programs licensed by the board and

15  shall keep records of such complaints in order to determine

16  their frequency and nature for specific institutions of higher

17  education.  With regard to any written complaint alleging a

18  violation of any provision of ss. 246.201-246.231 or any rule

19  promulgated pursuant thereto, the board shall periodically

20  notify, in writing, the person who filed the complaint of the

21  status of the investigation, whether probable cause has been

22  found, and the status of any administrative action, civil

23  action, or appellate action, and if the board has found that

24  probable cause exists, it shall notify, in writing, the party

25  complained against of the results of the investigation and

26  disposition of the complaint.  The findings of the probable

27  cause panel, if a panel is established, shall not be disclosed

28  until the information is no longer confidential.

29         (2)  The board may:

30         (e)  Issue a license to any school subject to ss.

31  246.201-246.231 which is exempted excluded from the licensing

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  1  and regulatory requirements of ss. 246.201-246.231, upon

  2  voluntary application for such license and upon payment of the

  3  appropriate fee as set forth in s. 246.219.

  4         Section 17.  Section 246.213, Florida Statutes, is

  5  amended to read:

  6         246.213  Power of State Board of Education.--

  7         (1)  The State Board of Education, acting on the

  8  recommendation of the State Board of Nonpublic Career

  9  Education Independent Postsecondary Vocational, Technical,

10  Trade, and Business Schools, shall adopt such minimum

11  standards and rules as are required for the administration of

12  ss. 246.201-246.231.

13         (2)(a)  The minimum educational standards for the

14  licensing of schools shall include, but not be limited to:

15  name of school, purpose, administrative organization,

16  educational program and curricula, finances, financial

17  stability, faculty, library, student personnel services,

18  physical plant and facilities, publications, and disclosure

19  statements about the status of the institution in relation to

20  professional certification and licensure.

21         (b)  Rules of the State Board of Education shall

22  require that nonpublic schools administer an entry-level test

23  of basic skills to each student who enrolls in a nondegree

24  program of at least 450 clock hours, or the credit hour

25  equivalent, which purports to prepare such student for

26  employment. The State Board of Nonpublic Career Education

27  Independent Postsecondary Vocational, Technical, Trade, and

28  Business Schools shall designate examinations authorized for

29  use for entry-level testing purposes. State Board of Education

30  rules shall require that applicable schools provide students

31  who are deemed to lack a minimal level of basic skills with a

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  1  structured program of basic skills instruction. No student

  2  shall be granted a diploma, as defined in s. 246.203, until he

  3  or she has demonstrated mastery of basic skills. Exceptional

  4  students, as defined in s. 228.041, may be exempted from the

  5  provisions of this paragraph. The State Board of Education

  6  shall identify means through which students who are capable of

  7  demonstrating mastery of basic skills may be exempted from the

  8  provisions of this paragraph.

  9         (c)  The State Board of Nonpublic Career Education

10  Independent Postsecondary Vocational, Technical, Trade, and

11  Business Schools may request that schools within its

12  jurisdiction provide the board all documents associated with

13  institutional accreditation.  The board shall solicit from

14  schools which provide such documents only such additional

15  information undisclosed in the accreditation documents

16  provided.  The board may conduct a comprehensive study of a

17  school that fails to provide all documents associated with its

18  institutional accreditation.  The cost of such study shall be

19  borne by the institution. Standards imposed by the board shall

20  not be constrained in quality or quantity to those imposed by

21  the respective accrediting body.

22         (d)  The State Board of Nonpublic Career Education

23  Independent Postsecondary Vocational, Technical, Trade, and

24  Business Schools shall recommend to the State Board of

25  Education minimum placement standards for institutions that

26  conduct programs that prepare students for employment.

27         (3)  The minimum requirements for the licensing of

28  agents shall include:  name, residential and business

29  addresses, background training, institution or institutions to

30  be represented, and demonstrated knowledge of statutes and

31  rules related to the authority granted to agents and the

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  1  limitations imposed upon such authority.  No employee of a

  2  nonpublic school shall solicit prospective students for

  3  enrollment in such school until that employee is licensed by

  4  the State Board of Nonpublic Career Education Independent

  5  Postsecondary Vocational, Technical, Trade, and Business

  6  Schools as an agent.

  7         (4)  The State Board of Nonpublic Career Education

  8  Independent Postsecondary Vocational, Technical, Trade, and

  9  Business Schools shall adopt criteria for specialized

10  associate degrees, diplomas, certificates, or other

11  educational credentials that will be recognized in licensed

12  schools.  The State Board of Nonpublic Career Education

13  Independent Postsecondary Vocational, Technical, Trade, and

14  Business Schools shall adopt a common definition for each

15  credential.  To determine the level of a nonpublic an

16  independent institution's vocational program or to establish

17  criteria for a specialized degree, the board shall use

18  procedures developed pursuant to s. 239.205, which requires

19  the Department of Education to determine the level of each

20  public degree career education program.

21         Section 18.  Section 246.215, Florida Statutes, is

22  amended to read:

23         246.215  License required.--

24         (1)  No nonpublic postsecondary career independent

25  school required to be licensed pursuant to ss. 246.201-246.231

26  shall be operated or established within the state until such

27  school makes application and obtains a license or

28  authorization from the board.  Each nonpublic school that

29  seeks licensure shall first submit articles of incorporation

30  to the Department of State.  After the Department of State

31  approves such articles and verifies that the articles indicate

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  1  the corporation is a postsecondary school within the meaning

  2  and intent of s. 246.203, the corporation shall apply for

  3  licensure by the board within 60 days of approval of the

  4  articles.  Department of State approval of the articles of

  5  incorporation shall not constitute authorization to operate

  6  the nonpublic school.  The Department of State shall

  7  immediately transmit approved articles of incorporation for

  8  nonpublic schools to the board.

  9         (2)  No agent shall solicit any prospective student for

10  enrollment in a nonpublic school until both the agent and the

11  school are appropriately licensed or otherwise authorized by

12  the board.

13         (3)  No nonpublic postsecondary career independent

14  school required to be licensed pursuant to ss. 246.201-246.231

15  shall advertise in any manner until such school is granted an

16  appropriate license by the board, nor shall any licensed

17  school advertise in any manner while such school is under an

18  injunction against operating, soliciting students, or offering

19  diplomas.

20         (4)  No license granted by the board shall be

21  transferable to another nonpublic postsecondary career

22  independent school or to another agent, nor shall school

23  licensure transfer upon a change in ownership of the

24  institution.

25         (5)  Each license granted by the board shall delineate

26  the specific nondegree programs that the nonpublic school is

27  authorized to offer.  No such school shall conduct a program

28  unless express authority is granted in its license.

29         (6)  A diploma program offered by a nonpublic junior

30  college, college, or university must be licensed by the board,

31  notwithstanding the fact that such institution is concurrently

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  1  subject to the jurisdiction of the State Board of Independent

  2  Colleges and Universities, if such program does the following:

  3         (a)  The program qualifies a student for employment or

  4  engagement in an occupation whose practice in this state does

  5  not require a degree.

  6         (b)  The program awards a diploma, as defined in s.

  7  246.203(6), for successful completion, including any program

  8  that is organized to give students an option of exiting at a

  9  specified point and receiving a diploma, or continuing and

10  receiving a degree, as defined in s. 246.021(5).

11         Section 19.  Section 246.216, Florida Statutes, is

12  created to read:

13         246.216  Exemption from licensure.--

14         (1)  A person or entity which otherwise fits the

15  definition of school in s. 246.203(1) shall be exempt from

16  licensure if it meets the criteria specified in this section

17  and applies to the board for a statement of exemption. The

18  board shall issue a statement of exemption if it determines,

19  based on all available information, that the applicant meets

20  the following criteria:

21         (a)  The entity is a church or religious organization

22  whose programs of instruction include:

23         1.  A religious modifier in the title of the program,

24  immediately preceding the name of the occupation to which the

25  instruction relates, and in the title of the diploma.

26         2.  No representation, directly or by implication, that

27  individuals who successfully complete the program will be

28  qualified to be employed in the field to which the training

29  relates by an employer other than a church or religious

30  organization.

31

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  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.

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  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

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  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

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  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

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  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:

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  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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  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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  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

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  1  Vocational, Technical, Trade, and Business Schools as provided

  2  by ss. 246.201-246.231.

  3         Section 28.  Subsection (3) of section 246.081, Florida

  4  Statutes, is amended to read:

  5         246.081  License, certificate of exemption, or

  6  authorization required; exceptions.--

  7         (3)  No nonpublic college shall continue to conduct or

  8  begin to conduct any diploma program, as defined in s.

  9  246.203, unless the college applies for and obtains from the

10  State Board of Nonpublic Career Education Independent

11  Postsecondary Vocational, Technical, Trade, and Business

12  Schools a license or authorization for such diploma program in

13  the manner and form prescribed by the State Board of Nonpublic

14  Career Education Independent Postsecondary Vocational,

15  Technical, Trade, and Business Schools.

16         Section 29.  Subsection (3) of section 246.085, Florida

17  Statutes, is amended to read:

18         246.085  Certificate of exemption.--

19         (3)  Any college which holds a certificate of exemption

20  and which conducts any diploma program, as defined in s.

21  246.203, shall be subject to licensure of such diploma program

22  by the State Board of Nonpublic Career Education Independent

23  Postsecondary Vocational, Technical, Trade, and Business

24  Schools.

25         Section 30.  Subsection (3) of section 246.091, Florida

26  Statutes, is amended to read:

27         246.091  License period and renewal.--

28         (3)  A licensed college which seeks to conduct any

29  diploma program, as defined in s. 246.203, shall apply to the

30  State Board of Nonpublic Career Education Independent

31

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  1  Postsecondary Vocational, Technical, Trade, and Business

  2  Schools for licensure for such program.

  3         Section 31.  Subsection (1) of section 246.111, Florida

  4  Statutes, is amended to read:

  5         246.111  Denial, probation, or revocation of license or

  6  certificate of exemption.--

  7         (1)  Any temporary license, provisional license, or

  8  regular license, agent's license, certificate of exemption, or

  9  other authorization required under the provisions of ss.

10  246.011-246.151 may be denied, placed on probation, or revoked

11  by the board.  A college which has its certificate of

12  exemption revoked shall become subject to the licensing

13  provisions of the board.  The board shall promulgate rules for

14  these actions. Placement of a college on probation for a

15  period of time and subject to such conditions as the board may

16  specify may also carry the imposition of an administrative

17  fine not to exceed $5,000. Such fine shall be deposited into

18  the Institutional Assessment Trust Fund.  Disciplinary action

19  undertaken pursuant to this section against a college that is

20  also licensed by the State Board of Nonpublic Career Education

21  Independent Postsecondary Vocational, Technical, Trade, and

22  Business Schools shall prompt disciplinary proceedings

23  pursuant to s. 246.226.

24         Section 32.  Subsection (1) of section 246.50, Florida

25  Statutes, is amended to read:

26         246.50  Certified Teacher-Aide Welfare Transition

27  Program; participation by independent postsecondary

28  schools.--An independent postsecondary school may participate

29  in the Certified Teacher-Aide Welfare Transition Program and

30  may receive incentives for successful performance from the

31  Performance Based Incentive Funding Program if:

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  1         (1)  The school is accredited by the Southern

  2  Association of Colleges and Schools and licensed by the State

  3  Board of Nonpublic Career Education Independent Postsecondary

  4  Vocational, Technical, Trade, and Business Schools;

  5         Section 33.  Section 455.2125, Florida Statutes, is

  6  amended to read:

  7         455.2125  Consultation with postsecondary education

  8  boards prior to adoption of changes to training

  9  requirements.--Any state agency or board that has jurisdiction

10  over the regulation of a profession or occupation shall

11  consult with the State Board of Independent Colleges and

12  Universities; the State Board of Nonpublic Career Education

13  Independent Postsecondary Vocational, Technical, Trade, and

14  Business Schools; the Board of Regents; and the State Board of

15  Community Colleges prior to adopting any changes to training

16  requirements relating to entry into the profession or

17  occupation. This consultation must allow the educational board

18  to provide advice regarding the impact of the proposed changes

19  in terms of the length of time necessary to complete the

20  training program and the fiscal impact of the changes. The

21  educational board must be consulted only when an institution

22  offering the training program falls under its jurisdiction.

23         Section 34.  Section 455.554, Florida Statutes, is

24  amended to read:

25         455.554  Consultation with postsecondary education

26  boards prior to adoption of changes to training

27  requirements.--Any state agency or board that has jurisdiction

28  over the regulation of a profession or occupation shall

29  consult with the State Board of Independent Colleges and

30  Universities; the State Board of Nonpublic Career Education

31  Independent Postsecondary Vocational, Technical, Trade, and

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  1  Business Schools; the Board of Regents; and the State Board of

  2  Community Colleges prior to adopting any changes to training

  3  requirements relating to entry into the profession or

  4  occupation. This consultation must allow the educational board

  5  to provide advice regarding the impact of the proposed changes

  6  in terms of the length of time necessary to complete the

  7  training program and the fiscal impact of the changes. The

  8  educational board must be consulted only when an institution

  9  offering the training program falls under its jurisdiction.

10         Section 35.  Subsection (8) of section 467.009, Florida

11  Statutes, is amended to read:

12         467.009  Midwifery programs; education and training

13  requirements.--

14         (8)  Nonpublic educational institutions that conduct

15  approved midwifery programs shall be accredited by a member of

16  the Commission on Recognition of Postsecondary Accreditation

17  and shall be licensed by the State Board of Nonpublic Career

18  Education Independent Postsecondary Vocational, Technical,

19  Trade, and Business Schools.

20         Section 36.  Section 476.178, Florida Statutes, is

21  amended to read:

22         476.178  Schools of barbering; licensure.--No private

23  school of barbering shall be permitted to operate without a

24  license issued by the State Board of Nonpublic Career

25  Education Independent Postsecondary Vocational, Technical,

26  Trade, and Business Schools pursuant to chapter 246.  However,

27  this section shall not be construed to prevent certification

28  by the Department of Education of barber training programs

29  within the public school system or to prevent government

30  operation of any other program of barbering in this state.

31

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  1         Section 37.  Section 477.023, Florida Statutes, is

  2  amended to read:

  3         477.023  Schools of cosmetology; licensure.--No private

  4  school of cosmetology shall be permitted to operate without a

  5  license issued by the State Board of Nonpublic Career

  6  Education Independent Postsecondary Vocational, Technical,

  7  Trade, and Business Schools pursuant to chapter 246.  However,

  8  nothing herein shall be construed to prevent certification by

  9  the Department of Education of cosmetology training programs

10  within the public school system or to prevent government

11  operation of any other program of cosmetology in this state.

12         Section 38.  Section 488.01, Florida Statutes, is

13  amended to read:

14         488.01  License to engage in business of operating a

15  driver's school required.--The Department of Highway Safety

16  and Motor Vehicles shall oversee and license all commercial

17  driver's schools except truck driving schools.  All commercial

18  truck driving schools shall be required to be licensed

19  pursuant to chapter 246, and additionally shall be subject to

20  the provisions of ss. 488.04 and 488.05.  No person, group,

21  organization, institution, business entity, or corporate

22  entity may engage in the business of operating a driver's

23  school without first obtaining a license therefor from the

24  Department of Highway Safety and Motor Vehicles pursuant to

25  this chapter or from the State Board of Nonpublic Career

26  Education Independent Postsecondary Vocational, Technical,

27  Trade, and Business Schools pursuant to chapter 246.

28         Section 39.  This act shall take effect July 1 of the

29  year in which enacted.

30

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  1            *****************************************

  2                          HOUSE SUMMARY

  3
      Revises and adds provisions relating to postsecondary
  4    education, including college-ready diploma requirements,
      dual enrollment provisions, exemption from student fees,
  5    and accountability procedures. Renames the State Board of
      Independent Postsecondary Vocational, Technical, Trade,
  6    and Business Schools and revises provisions relating
      thereto. See bill for details.
  7

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