House Bill 4259e1

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                                          HB 4259, First Engrossed



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

31         legislative intent; amending s. 246.203, F.S.;


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                                          HB 4259, First Engrossed



  1         renaming the State Board of Independent

  2         Postsecondary Vocational, Technical, Trade, and

  3         Business Schools the State Board of Nonpublic

  4         Career Education; revising definition of

  5         schools regulated by the board; amending s.

  6         246.205, F.S.; conforming language; amending s.

  7         246.207, F.S.; revising powers and duties of

  8         the board; amending s. 246.213, F.S.;

  9         conforming language; amending s. 246.215, F.S.;

10         requiring licensing of specified programs by

11         the board; creating s. 246.216, F.S.; providing

12         for exemption from licensure for specified

13         entities; providing for statements of

14         exemption; providing for revocation of

15         statements of exemption; providing for

16         remedies; amending ss. 246.219, 246.220,

17         246.2265, 246.227, and 246.31, F.S.; conforming

18         language; amending ss. 20.15, 240.40204,

19         246.011, 246.081, 246.085, 246.091, 246.111,

20         246.50, 455.2125, 455.554, 467.009, 476.178,

21         477.023, and 488.01, F.S.; conforming language;

22         providing an effective date.

23

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

25

26         Section 1.  Section 232.2466, Florida Statutes, is

27  amended to read:

28         232.2466  College-ready diploma program.--

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

30  year, each school district shall award a differentiated

31  college-ready diploma to each student who:


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                                          HB 4259, First Engrossed



  1         (a)  Successfully completes the requirements for a

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

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

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

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

  6  Board of Community Colleges as college-preparatory academic

  7  courses.:

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

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

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

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

12  the state board.

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

14  elective credit. A student whose native language is not

15  English is exempt from this requirement if the student

16  demonstrates proficiency in the native language. American sign

17  language constitutes a foreign language.

18         (b)  Takes the postsecondary education common placement

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

20  identified by the State Board of Education, before graduation

21  and scores at or above the established statewide passing score

22  in each test area.

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

24  admission without additional placement testing to a public

25  postsecondary education program that terminates in a technical

26  certificate, an applied technology diploma, an associate in

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

28  associate in arts degree, if the student enters postsecondary

29  education within 2 years after earning the college-ready

30  diploma.

31


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                                          HB 4259, First Engrossed



  1         (3)  The Department of Education shall periodically

  2  convene a task force of educators and employers to recommend

  3  additional incentives for students to pursue a college-ready

  4  diploma.  The incentives may include awards and recognition,

  5  preference for positions in firms, and early registration

  6  privileges in postsecondary education institutions.

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

  8  section 239.117, Florida Statutes, to read:

  9         239.117  Postsecondary student fees.--

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

11  of registration, matriculation, and laboratory fees:

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

13  a company whose business has been at least 50 percent

14  negatively financially impacted by the buy-out of property

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

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

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

18  designated a Florida resident for tuition purposes pursuant to

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

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

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

22  student is responsible for providing evidence to the

23  postsecondary education institution verifying that the

24  conditions of this paragraph have been met, including support

25  documentation provided by the Department of Revenue.  The

26  student must be currently enrolled in, or begin coursework

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

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

29  postsecondary education institution confirms that the

30  conditions of this paragraph have been met.

31


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                                          HB 4259, First Engrossed



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

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

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

  4         239.225  Vocational Improvement Program.--

  5         (1)  There is established the Vocational Improvement

  6  Program to be administered by the Department of Education

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

  8  Career Education. Such rules must provide for the submission

  9  of applications and distribution of funds pursuant to this

10  section. The priorities for allocation of funds for the

11  program are the development of vocational programs for

12  disadvantaged persons; recruitment, preservice and inservice

13  activities for vocational counselors and teachers; the

14  development of information systems that are compatible between

15  school districts and community colleges; job placement

16  services for vocational completers; the development of

17  exploratory vocational courses; activities that provide

18  faculty articulation for the purpose of integrating vocational

19  and academic instruction; and activities that ensure greater

20  community involvement in career education.

21         (3)

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

23  rules necessary to implement the provisions of this

24  subsection.

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

26  rules to implement this program.

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

28  section 240.1163, Florida Statutes, to read:

29         240.1163  Joint dual enrollment and advanced placement

30  instruction.--

31


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                                          HB 4259, First Engrossed



  1         (4)  School districts and community colleges must weigh

  2  colege level dual enrollment courses the same as honors

  3  courses and advanced placement courses when grade point

  4  averages are calculated. Alternative grade calculation or

  5  weighting systems that discriminate against dual enrollment

  6  courses are prohibited.

  7         (5)  The Commissioner of Education may approve dual

  8  enrollment agreements for limited course offerings that have

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

10  site with multiple county participation.

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

12  section 240.235, Florida Statutes, are renumbered as

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

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

15         240.235  Fees.--

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

17  whose business has been at least 50 percent negatively

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

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

20  registration, matriculation, and laboratory fees.   A student

21  receiving a fee exemption in accordance with this subsection

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

23  must be designated a Florida resident for tuition purposes

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

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

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

27  student is responsible for providing evidence to the

28  postsecondary education institution verifying that the

29  conditions of this subsection have been met, including support

30  documentation provided by the Department of Revenue.  The

31  student must be currently enrolled in, or begin coursework


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                                          HB 4259, First Engrossed



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

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

  3  postsecondary education institution confirms that the

  4  conditions of this subsection have been met.

  5         Section 6.  Section 240.321, Florida Statutes, is

  6  amended to read:

  7         240.321  Community college district board of trustees;

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

  9  make rules governing admissions of students.  These rules

10  shall include the following:

11         (1)  Admissions counseling shall be provided to all

12  students entering college credit programs, which counseling

13  shall utilize tests to measure achievement of college-level

14  communication and computation competencies by all students

15  entering college credit programs.

16         (2)  Admission to associate degree programs is subject

17  to minimum standards adopted by the State Board of Education

18  and shall require:

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

20  equivalency diploma as prescribed in s. 229.814, previously

21  demonstrated competency in college credit postsecondary

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

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

24  guardian attesting that the student has completed a home

25  education program pursuant to the requirements of s.

26  232.02(4).  Students who are enrolled in a dual enrollment or

27  early admission program pursuant to s. 240.116 and secondary

28  students enrolled in college-level instruction creditable

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

30  diploma, shall be exempt from this requirement.

31


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                                          HB 4259, First Engrossed



  1         (b)  A demonstrated level of achievement of

  2  college-level communication and computation skills. Students

  3  entering a postsecondary education program within 2 years of

  4  graduation from high school with an earned college-ready

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

  6  this testing requirement.

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

  8  trustees.

  9         (3)  Admission to other programs within the community

10  college shall include education requirements as established by

11  the board of trustees.

12

13  Each board of trustees shall establish policies that notify

14  students about, and place students into, adult basic

15  education, adult secondary education, or other instructional

16  programs that provide students with alternatives to

17  traditional college-preparatory instruction, including private

18  provider instruction. Such notification shall include a

19  written listing or a prominent display of information on

20  alternative remedial options that must be available to each

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

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

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

24  adult education programs, and programs provided by

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

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

27  providers or the display materials shall include all those

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

29  provide students with specific contact information and

30  disclose the full costs of the course tuition, laboratory

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


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                                          HB 4259, First Engrossed



  1  student who elects a private provider for remedial instruction

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

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

  4  is being remediated.  A student is prohibited from enrolling

  5  in additional college-level courses until the student scores

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

  7  test.

  8         Section 7.  Section 240.324, Florida Statutes, is

  9  amended to read:

10         240.324  Community college accountability process.--

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

12  management and accountability process be implemented which

13  provides for the systematic, ongoing improvement and

14  assessment of the improvement of the quality and efficiency of

15  the State Community College System.  Accordingly, the State

16  Board of Community Colleges and the community college boards

17  of trustees shall develop and implement an accountability a

18  plan to improve and evaluate the instructional and

19  administrative efficiency and effectiveness of the State

20  Community College System.  This plan shall be designed in

21  consultation with staff of the Governor and the Legislature

22  and must address the following issues:

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

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

25  associate degree.

26         (b)  Minority student and disabled student enrollment

27  and retention rates.

28         (c)  Student performance, including student performance

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

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

31  college student performance on state licensure examinations.


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                                          HB 4259, First Engrossed



  1         (d)  Job placement rates of community college

  2  vocational students.

  3         (e)  Student progression by admission status and

  4  program.

  5         (f)  Vocational accountability standards identified in

  6  s. 239.229.

  7         (g)  Other measures as identified by the Postsecondary

  8  Education Planning Commission and approved by the State Board

  9  of Community Colleges.

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

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

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

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

14  timetable that identifies specific issues to be addressed each

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

16  1994. Beginning September 1, 1998 December 31, 1992, the State

17  Board of Community Colleges shall submit an annual interim

18  report, to coincide with the submission of the agency

19  strategic plan required by law, providing the results of

20  initiatives taken during the prior year and the initiatives

21  and related objective performance measures proposed for the

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

23  designed in consultation with staff of the Governor and the

24  Legislature.

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

26  Community Colleges shall address within the annual evaluation

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

28  of trustees shall address within the annual evaluation of the

29  presidents, the achievement of the performance goals

30  established by the accountability process in the community

31  college accountability plan.


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                                          HB 4259, First Engrossed



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

  2  240.35, Florida Statutes, as amended by chapter 97-383, Laws

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

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

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

  6  read:

  7         240.35  Student fees.--Unless otherwise provided, the

  8  provisions of this section apply only to fees charged for

  9  college credit instruction leading to an associate degree,

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

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

12  whose business has been at least 50 percent negatively

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

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

15  registration, matriculation, and laboratory fees.  A student

16  receiving a fee exemption in accordance with this subsection

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

18  must be designated a Florida resident for tuition purposes

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

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

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

22  student is responsible for providing evidence to the

23  postsecondary education institution verifying that the

24  conditions of this subsection have been met, including support

25  documentation provided by the Department of Revenue.  The

26  student must be currently enrolled in, or begin coursework

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

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

29  postsecondary education institution confirms that the

30  conditions of this subsection have been met.

31         (11)(10)


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                                          HB 4259, First Engrossed



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

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

  3  who demonstrate academic merit, who participate in athletics,

  4  public service, cultural arts, and other extracurricular

  5  programs as determined by the institution, or who are

  6  identified as members of a targeted gender or ethnic minority

  7  population.  The financial aid fee revenues allocated for

  8  athletic scholarships and fee exemptions provided pursuant to

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

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

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

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

13  funds shall be used for academic merit purposes and other

14  purposes approved by the district boards of trustees.  Such

15  other purposes shall include the payment of child care fees

16  for students with financial need.  The State Board of

17  Community Colleges shall develop criteria for making financial

18  aid awards.  Each college shall report annually to the

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

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

21  delineation of the distribution of such awards.  Awards which

22  are based on financial need shall be distributed in accordance

23  with a nationally recognized system of need analysis approved

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

25  academic merit shall require a minimum overall grade point

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

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

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

29  Florida Statutes, are amended to read:

30         240.36  Dr. Philip Benjamin Academic Improvement Trust

31  Fund for Community Colleges.--


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                                          HB 4259, First Engrossed



  1         (4)  Challenge grants shall be proportionately

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

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

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

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

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

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

  8  annual cash contributions made to the foundation at each

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

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

11  and the State Board of Community Colleges are responsible for

12  determining the uses for the proceeds of their respective

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

14  expenditure of the funds for:

15         1.  Scientific and technical equipment.

16         2.  Other activities that will benefit future students

17  as well as students currently enrolled at the community

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

19  community college or in the community college system.

20         3.  Scholarships, loans or need-based grants, which are

21  the lowest priority for use of these funds.

22         (b)  If a community college includes scholarships,

23  loans, or need-based grants in its proposal, it shall create

24  an endowment in its academic improvement trust fund and use

25  the earnings of the endowment to provide scholarships, loans,

26  or need-based grants.  Such scholarships must be program

27  specific and require high academic achievement for students to

28  qualify for or retain the scholarship. A scholarship program

29  may be used for minority recruitment but may not be used for

30  athletic participants. The board of trustees may award

31  scholarships to students in associate in arts programs and


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                                          HB 4259, First Engrossed



  1  vocational programs. However, for vocational programs, the

  2  board of trustees must have designated the program as a

  3  program of emphasis for quality improvement, a designation

  4  that should be restricted to a limited number of programs at

  5  the community college.  In addition, the board of trustees

  6  must have adopted a specific plan that details how the

  7  community college will improve the quality of the program

  8  designated for emphasis and that includes quality measures and

  9  outcome measures.  Over a period of time, the community

10  college operating budget should show additional financial

11  commitment to the program of emphasis above and beyond the

12  average increases to other programs offered by the community

13  college.  Fundraising activities must be specifically

14  identified as being for the program of emphasis or scholarship

15  money.  The community college must fully levy the amount for

16  financial aid purposes provided by s. 240.35(10) in addition

17  to the tuition and matriculation fee before any scholarship

18  funds are awarded to the community college as part of its

19  approved request.

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

21  submitted to the State Board of Community Colleges for

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

23  considered not approved.

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

25  Statutes, is amended to read:

26         240.382  Establishment of child development training

27  centers at community colleges.--

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

29  fees charged to parents and other external resources, each

30  child development training center may be funded by a portion

31  of funds from the student activity and service fee authorized


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                                          HB 4259, First Engrossed



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

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

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

  4  support the operation of the child development training

  5  center.

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

  7  Florida Statutes, is amended to read:

  8         240.4097  Florida Postsecondary Student Assistance

  9  Grant Program; eligibility for grants.--

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

11  through the State Student Financial Assistance Trust Fund may

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

13  general requirements for student eligibility as provided in s.

14  240.404, except as otherwise provided in this section.  Such

15  grants shall be awarded for the amount of demonstrated unmet

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

17  per academic year, or as specified in the General

18  Appropriations Act, to any applicant.  A demonstrated unmet

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

20  for a Florida postsecondary student assistance grant.

21  Recipients of such grants must have been accepted at a

22  postsecondary institution that is located in and chartered as

23  a domestic corporation by the state and that is:

24         1.  A private nursing diploma school approved by the

25  Florida Board of Nursing; or

26         2.  An institution either licensed by the State Board

27  of Independent Colleges and Universities or exempt from

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

29  institutions the students of which are eligible to receive a

30  Florida private student assistance grant pursuant to s.

31  240.4095.


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                                          HB 4259, First Engrossed



  1

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

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

  4  consecutive years, except as otherwise provided in s.

  5  240.404(3).

  6         (b)  A student applying for a Florida postsecondary

  7  student assistance grant shall be required to apply for the

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

  9  the department when conducting an assessment of the financial

10  resources available to each student.

11         (c)  The criteria and procedure for establishing

12  standards of eligibility shall be determined by the

13  department.  The department is directed to establish a rating

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

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

16  The system shall include a certification of acceptability by

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

18  distribution of grant moneys shall be given to students with

19  the lowest total family resources, as determined pursuant to

20  this subsection, taking into consideration the receipt of Pell

21  Grants and student contributions to educational costs.

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

23  enrollment, an initial application deadline for students

24  attending all eligible institutions and an additional

25  application deadline for students who apply to all eligible

26  institutions after the initial application deadline.  The

27  second deadline shall be October 1 following the initial

28  application deadline.  The department shall reserve an amount

29  to be designated annually in the General Appropriations Act

30  for the purpose of providing awards to postsecondary students

31  who apply for a student assistance grant after the initial


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                                          HB 4259, First Engrossed



  1  application deadline.  Applicants who apply during the initial

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

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

  4  have their applications reconsidered with those applicants who

  5  apply after the initial application deadline.  The provisions

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

  7  academic year.

  8         Section 12.  Section 246.201, Florida Statutes, is

  9  amended to read:

10         246.201  Legislative intent.--

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

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

13  citizens of Florida and shall facilitate and promote the

14  acquisition of a minimum satisfactory career, technical,

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

16  state. There are presently many fine nonpublic schools

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

18  which do not generally offer those educational opportunities

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

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

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

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

23  welfare that the state create the means whereby all nonpublic

24  postsecondary career independent degree career education,

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

26  246.203(1) shall satisfactorily meet minimum educational

27  standards and fair consumer practices.

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

29  diplomas and degrees for many purposes.  Some of these

30  purposes are:  for employers to judge the qualifications of

31  prospective employees; for public and nonpublic professional


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                                          HB 4259, First Engrossed



  1  groups, vocational groups, educational agencies, governmental

  2  agencies, and educational institutions to determine the

  3  qualifications for admission to, and continuation of,

  4  educational goals, occupational goals, professional

  5  affiliations, or occupational affiliations; and for public and

  6  professional assessment of the extent of competency of

  7  individuals engaged in a wide range of activities within our

  8  society.

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

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

11  for the establishment and operation of nonpublic postsecondary

12  career independent degree career education, technical, trade,

13  and business schools shall protect the individual student from

14  deceptive, fraudulent, or substandard education; protect such

15  independent degree career education, technical, trade, and

16  business schools; and protect the citizens of Florida holding

17  diplomas or degrees.

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

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

20  independent degree career education, technical, trade, and

21  business school or to restrict any religious instruction or

22  training in a nonpublic school. Any school or business

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

24  the Federal Aviation Administration is hereby expressly exempt

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

26  controlled, operated, and conducted by religious,

27  denominational, eleemosynary, or similar public institutions

28  exempt from property taxation under the laws of this state

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

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

31


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                                          HB 4259, First Engrossed



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

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

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

  4  246.203, Florida Statutes, are amended to read:

  5         246.203  Definitions.--As used in ss. 246.201-246.231,

  6  unless the context otherwise requires:

  7         (1)  "School" means any nonpublic postsecondary

  8  noncollegiate career educational institution, association,

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

10  that:

11         (a)  Offers to provide or provides any postsecondary

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

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

14  classroom, clinical, or other practicum setting or through

15  correspondence or other distance learning; and

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

17  instruction will qualify the student for employment in any

18  occupation whose practice in this state does not require a

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

20         (c)  Receives remuneration from the student or any

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

22  of students enrolled; or

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

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

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

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

27  technical, trade, or business noncollegiate educational

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

29  maintained or conducted in residence or through correspondence

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

31  corporation for the purpose of offering instruction of any


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                                          HB 4259, First Engrossed



  1  kind leading to occupational objectives or of furnishing a

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

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

  4  professional schools not otherwise regulated.  Nonpublic

  5  colleges and universities which award a baccalaureate or

  6  higher degree, and nonpublic junior colleges which award an

  7  associate degree in liberal arts do not fall under the

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

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

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

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

12  college which conducts or seeks to conduct a diploma program

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

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

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

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

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

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

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

20  solely for its employees or prospective employees or members.

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

22  Education Independent Postsecondary Vocational, Technical,

23  Trade, and Business Schools.

24         Section 14.  Subsections (1) and (2) of section

25  246.205, Florida Statutes, are amended to read:

26         246.205  State Board of Nonpublic Career Education

27  Independent Postsecondary Vocational, Technical, Trade, and

28  Business Schools.--

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

30  Education a State Board of Nonpublic Career Education

31  Independent Postsecondary Vocational, Technical, Trade, and


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                                          HB 4259, First Engrossed



  1  Business Schools.  The board shall be assigned to the

  2  Department of Education only for the purpose of payroll,

  3  procurement, and related administrative functions which shall

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

  5  independently exercise the other powers, duties, and functions

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

  7  appointed by the Governor as follows:

  8         (a)  One from a business school;

  9         (b)  One from a technical school;

10         (c)  One from a home study school;

11         (d)  One from a nonpublic school;

12         (e)  Four from business and industry; and

13         (f)  An administrator of vocational-technical education

14  from a public school district or community college.

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

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

17  3 years.  Of the original members appointed by the Governor,

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

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

20  Of the appointive members from the nonpublic postsecondary

21  career independent schools, each shall have occupied executive

22  or managerial positions in a nonpublic postsecondary career an

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

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

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

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

27  unexpired term.

28         Section 15.  Subsection (1) and paragraph (e) of

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

30  amended to read:

31         246.207  Powers and duties of board.--


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                                          HB 4259, First Engrossed



  1         (1)  The board shall:

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

  3  efficiently the provisions of ss. 246.201-246.231.

  4         (b)  Select annually a chairperson and a vice

  5  chairperson.

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

  7  authentication of its acts.

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

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

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

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

12  and purposes of ss. 246.201-246.231.

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

14  rules adopted pursuant thereto by the State Board of Education

15  for the establishment and operation of nonpublic postsecondary

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

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

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

19  the board.

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

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

22  in administering ss. 246.201-246.231.

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

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

25  receipts of money to the Institutional Assessment Trust Fund

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

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

28  House of Representatives, the President of the Senate, the

29  minority leader of the Senate, and the minority leader of the

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

31


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                                          HB 4259, First Engrossed



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

  2  to:

  3         1.  A detailed accounting of all funds received and

  4  expended.

  5         2.  The number of complaints received and investigated,

  6  by type.

  7         3.  The number of findings of probable cause.

  8         4.  A description of disciplinary actions taken, by

  9  statutory classification.

10         5.  A description of all administrative hearings and

11  court actions.

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

13  during the previous year.

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

15  requirements established by law or rule be made to operate

16  without a current license due to scheduling of board meetings

17  or application procedures for license renewal.

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

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

20  administrator, and agent employed by a school applying for

21  licensure or renewal of licensure.

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

23  distribution of current information regarding institutions

24  licensed by the board.

25         1.  The data collected by the board shall include

26  information relating to the school administration, calendar

27  system, admissions requirements, student costs and financial

28  obligations, financial aid information, refund policy,

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

30  student enrollment and demographic figures, programs, and

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


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                                          HB 4259, First Engrossed



  1  response to specific needs or inquiries.  Financial

  2  information of a strictly proprietary, commercial nature is

  3  excluded from this requirement.

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

  5  the data for the career education program evaluation reports

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

  7  public information under s. 239.245.

  8         3.  The board shall provide to each participating

  9  institution annually the format, definitions, and instructions

10  for submitting the required information.

11         4.  The data submitted by each institution shall be

12  accompanied by a letter of certification signed by the chief

13  administrative officer of the institution, affirming that the

14  information submitted is accurate.

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

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

17  of the House of Representatives and the President of the

18  Senate, the minority leader of the Senate, and the minority

19  leader of the House of Representatives.  The information

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

21  Education for such purposes as statewide master planning,

22  state financial aid programs, and publishing directories, by

23  the Legislature, and to respond to consumer inquiries received

24  by the board.

25         (p)  Publish and index all policies and agency

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

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

28  as a rule.

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

30  receiving and responding to complaints from students, faculty,

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


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                                          HB 4259, First Engrossed



  1  shall keep records of such complaints in order to determine

  2  their frequency and nature for specific institutions of higher

  3  education.  With regard to any written complaint alleging a

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

  5  promulgated pursuant thereto, the board shall periodically

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

  7  status of the investigation, whether probable cause has been

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

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

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

11  complained against of the results of the investigation and

12  disposition of the complaint.  The findings of the probable

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

14  until the information is no longer confidential.

15         (2)  The board may:

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

17  246.201-246.231 which is exempted excluded from the licensing

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

19  voluntary application for such license and upon payment of the

20  appropriate fee as set forth in s. 246.219.

21         Section 16.  Section 246.213, Florida Statutes, is

22  amended to read:

23         246.213  Power of State Board of Education.--

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

25  recommendation of the State Board of Nonpublic Career

26  Education Independent Postsecondary Vocational, Technical,

27  Trade, and Business Schools, shall adopt such minimum

28  standards and rules as are required for the administration of

29  ss. 246.201-246.231.

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

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


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                                          HB 4259, First Engrossed



  1  name of school, purpose, administrative organization,

  2  educational program and curricula, finances, financial

  3  stability, faculty, library, student personnel services,

  4  physical plant and facilities, publications, and disclosure

  5  statements about the status of the institution in relation to

  6  professional certification and licensure.

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

  8  require that nonpublic schools administer an entry-level test

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

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

11  equivalent, which purports to prepare such student for

12  employment. The State Board of Nonpublic Career Education

13  Independent Postsecondary Vocational, Technical, Trade, and

14  Business Schools shall designate examinations authorized for

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

16  rules shall require that applicable schools provide students

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

18  structured program of basic skills instruction. No student

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

20  or she has demonstrated mastery of basic skills. Exceptional

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

22  provisions of this paragraph. The State Board of Education

23  shall identify means through which students who are capable of

24  demonstrating mastery of basic skills may be exempted from the

25  provisions of this paragraph.

26         (c)  The State Board of Nonpublic Career Education

27  Independent Postsecondary Vocational, Technical, Trade, and

28  Business Schools may request that schools within its

29  jurisdiction provide the board all documents associated with

30  institutional accreditation.  The board shall solicit from

31  schools which provide such documents only such additional


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                                          HB 4259, First Engrossed



  1  information undisclosed in the accreditation documents

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

  3  school that fails to provide all documents associated with its

  4  institutional accreditation.  The cost of such study shall be

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

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

  7  the respective accrediting body.

  8         (d)  The State Board of Nonpublic Career Education

  9  Independent Postsecondary Vocational, Technical, Trade, and

10  Business Schools shall recommend to the State Board of

11  Education minimum placement standards for institutions that

12  conduct programs that prepare students for employment.

13         (3)  The minimum requirements for the licensing of

14  agents shall include:  name, residential and business

15  addresses, background training, institution or institutions to

16  be represented, and demonstrated knowledge of statutes and

17  rules related to the authority granted to agents and the

18  limitations imposed upon such authority.  No employee of a

19  nonpublic school shall solicit prospective students for

20  enrollment in such school until that employee is licensed by

21  the State Board of Nonpublic Career Education Independent

22  Postsecondary Vocational, Technical, Trade, and Business

23  Schools as an agent.

24         (4)  The State Board of Nonpublic Career Education

25  Independent Postsecondary Vocational, Technical, Trade, and

26  Business Schools shall adopt criteria for specialized

27  associate degrees, diplomas, certificates, or other

28  educational credentials that will be recognized in licensed

29  schools.  The State Board of Nonpublic Career Education

30  Independent Postsecondary Vocational, Technical, Trade, and

31  Business Schools shall adopt a common definition for each


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                                          HB 4259, First Engrossed



  1  credential.  To determine the level of a nonpublic an

  2  independent institution's vocational program or to establish

  3  criteria for a specialized degree, the board shall use

  4  procedures developed pursuant to s. 239.205, which requires

  5  the Department of Education to determine the level of each

  6  public degree career education program.

  7         Section 17.  Section 246.215, Florida Statutes, is

  8  amended to read:

  9         246.215  License required.--

10         (1)  No nonpublic postsecondary career independent

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

12  shall be operated or established within the state until such

13  school makes application and obtains a license or

14  authorization from the board.  Each nonpublic school that

15  seeks licensure shall first submit articles of incorporation

16  to the Department of State.  After the Department of State

17  approves such articles and verifies that the articles indicate

18  the corporation is a postsecondary school within the meaning

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

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

21  articles.  Department of State approval of the articles of

22  incorporation shall not constitute authorization to operate

23  the nonpublic school.  The Department of State shall

24  immediately transmit approved articles of incorporation for

25  nonpublic schools to the board.

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

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

28  school are appropriately licensed or otherwise authorized by

29  the board.

30         (3)  No nonpublic postsecondary career independent

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


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                                          HB 4259, First Engrossed



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

  2  appropriate license by the board, nor shall any licensed

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

  4  injunction against operating, soliciting students, or offering

  5  diplomas.

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

  7  transferable to another nonpublic postsecondary career

  8  independent school or to another agent, nor shall school

  9  licensure transfer upon a change in ownership of the

10  institution.

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

12  the specific nondegree programs that the nonpublic school is

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

14  unless express authority is granted in its license.

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

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

17  notwithstanding the fact that such institution is concurrently

18  subject to the jurisdiction of the State Board of Independent

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

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

21  engagement in an occupation whose practice in this state does

22  not require a degree.

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

24  246.203(6), for successful completion, including any program

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

26  specified point and receiving a diploma, or continuing and

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

28         Section 18.  Section 246.216, Florida Statutes, is

29  created to read:

30         246.216  Exemption from licensure.--

31


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                                          HB 4259, First Engrossed



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

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

  3  licensure if it meets the criteria specified in this section

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

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

  6  based on all available information, that the applicant meets

  7  the following criteria:

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

  9  whose programs of instruction include:

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

11  immediately preceding the name of the occupation to which the

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

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

14  individuals who successfully complete the program will be

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

16  relates by an employer other than a church or religious

17  organization.

18         3.  No students who receive state or federal financial

19  aid to pursue the program;

20         (b)  The person or entity is regulated by the Federal

21  Aviation Administration, another agency of the Federal

22  Government, or an agency of the state whose regulatory laws

23  are similar in nature and purpose to those of the board and

24  require minimum educational standards, for at least

25  curriculum, instructors, and academic progress and provide

26  protection against fraudulent, deceptive, and substandard

27  education practices;

28         (c)  The person or entity offers only examination

29  preparation courses provided that:

30         1.  A diploma as defined in s. 246.203(6) is not

31  awarded.


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                                          HB 4259, First Engrossed



  1         2.  The courses do not include state licensing

  2  examinations in occupations for which state laws do not

  3  require a licensee to have a bachelor's degree or higher

  4  academic or professional degree;

  5         (d)  The person or entity is:

  6         1.  An employer who offers training and trains only its

  7  own bona fide employees;

  8         2.  A trade or professional association or a group of

  9  employers in the same or related business who in writing agree

10  to offer training and to train only individuals who are bona

11  fide employees of an employer who is a member of the

12  association or a party to the written agreement; or

13         3.  An independent contractor engaged by any of the

14  foregoing by written contract to provide the training on its

15  behalf exclusively to individuals who are selected by the

16  employer, association, or group which engaged the contractor

17  and who are bona fide employees thereof.

18

19  For purposes of this paragraph, a bona fide employee is an

20  individual who works for salary or wages paid by the employer

21  in at least the minimum amount required by law;

22         (e)  The entity is a labor union or group of labor

23  unions which offers training to, and trains only, individuals

24  who are dues paying members of a participating labor union; or

25  the person or entity is an independent contractor engaged by

26  the labor union or group of labor unions, by written contract,

27  to provide the training on its behalf exclusively to

28  individuals who are selected by the labor union or group of

29  labor unions which engaged the contractor and who are dues

30  paying members thereof;

31


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                                          HB 4259, First Engrossed



  1         (f)  The person or entity offers only continuing

  2  education programs to individuals who engage in an occupation

  3  or profession whose practitioners are subject to licensure,

  4  certification, or registration by a state agency which

  5  recognizes the programs for continuing education purposes and

  6  provides a written statement of such recognition; or

  7         (g)  The person or entity offers a program of

  8  instruction whose objective is not occupational, but is

  9  avocational and only for personal enrichment and which:

10         1.  Prior to enrollment, gives to each enrollee, and

11  maintains a record copy of, a written statement which states

12  substantially the following:  "This program is not designed or

13  intended to qualify its participants and graduates for

14  employment in (the field to which the training pertains).  It

15  is intended solely for the avocation, personal enrichment, and

16  enjoyment of its participants."

17         2.  Makes no other verbal or written statements which

18  negate the written statement required in subparagraph 1. by

19  stating or implying that persons who enroll in or complete the

20  program have any more substantial likelihood of getting

21  employment in the field to which the training pertains than

22  persons who do not.

23         3.  Maintains and makes available to the board, upon

24  request, records which demonstrate that each enrollee received

25  the statement required by subparagraph 1. prior to

26  enrollment.

27

28  To be eligible for the statement of exemption, the applicant

29  must maintain records documenting its qualification for

30  exemption. A person or entity which is exempt pursuant to this

31  subsection and which is also a licensee for programs which do


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                                          HB 4259, First Engrossed



  1  not qualify for exemption may not include in the catalog,

  2  contract, or advertising relating to its licensed program any

  3  reference to its unlicensed programs.  This restriction does

  4  not apply to a licensee which voluntarily becomes licensed to

  5  offer programs which would otherwise qualify for exemption.

  6         (2)  The board shall revoke a statement of exemption if

  7  it determines, based on all available information, that the

  8  entity does not meet the criteria required in subsection (1)

  9  because of the following:

10         (a)  There has been a material change in circumstances

11  or in the law;

12         (b)  The statement was erroneously issued as a result

13  of false or misleading information provided by the applicant

14  or other source;

15         (c)  There was a misunderstanding by the board of the

16  information which it had considered; or

17         (d)  New information has been received.

18

19  Probable cause proceedings do not apply to the foregoing board

20  decisions.

21         (3)  The board may invoke the remedies provided in s.

22  246.227 when no application for a statement of exemption is

23  pending; in conjunction with, or subsequent to, its notice of

24  denial of an application; or in conjunction with, or

25  subsequent to, its notice of revocation. The filing of a civil

26  action pursuant to s. 246.227 shall have the effect of

27  suspending administrative proceedings under this section

28  unless the board takes a voluntary dismissal without prejudice

29  in a judicial case. An order of the court which determines or

30  renders moot an issue presented in suspended administrative

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                                          HB 4259, First Engrossed



  1  proceedings shall be grounds for dismissal of the

  2  administrative proceeding as to that issue.

  3         Section 19.  Subsection (1) of section 246.219, Florida

  4  Statutes, is amended to read:

  5         246.219  License fees.--

  6         (1)  Each initial application for a license to operate

  7  a nonpublic postsecondary career school shall be accompanied

  8  by a license fee of not less than $500, and each application

  9  for the renewal of such license shall be accompanied by an

10  annual license fee of at least $300, provided that the fee for

11  a biennial license shall be at least $600.  A fee shall be

12  charged for a supplementary application for the approval of

13  any additional field or course of instruction.  Such fees

14  shall be delineated, by rule, by the board.

15         Section 20.  Section 246.220, Florida Statutes, is

16  amended to read:

17         246.220  Surety bonds or insurance.--Surety bonds or

18  insurance shall not be required of any school licensed by the

19  State Board of Nonpublic Career Education Independent

20  Postsecondary Vocational, Technical, Trade, and Business

21  Schools, except as may be required by the board to insure the

22  train-out of projected or currently enrolled students,

23  issuance of refunds to projected or currently enrolled

24  students, payment of liabilities to the Student Protection

25  Fund, or for the retrieval or safekeeping of student records.

26         Section 21.  Subsections (1) and (4) of section

27  246.2265, Florida Statutes, are amended to read:

28         246.2265  Additional regulatory powers while

29  disciplinary proceedings are pending; cease and desist

30  orders.--

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                                          HB 4259, First Engrossed



  1         (1)  The board may, in conjunction with an

  2  administrative complaint or notice of denial of licensure,

  3  issue cease and desist orders for the purpose of protecting

  4  the health, safety, and welfare of students, prospective

  5  students, and the general public.  Such orders may be

  6  mandatory or prohibitory in form and may order a nonpublic an

  7  independent postsecondary career institution, officer,

  8  employee, or agent to:

  9         (a)  Cease and desist from specified conduct which

10  relates to acts or omissions stated in the administrative

11  complaint or notice of denial of licensure; or

12         (b)  Cease and desist from failing to engage in

13  specified conduct which is necessary to achieve or preserve

14  the regulatory purposes of ss. 246.201-246.231.

15         (4)  The executive director of the board, with the

16  approval of the chair of the board, may issue and deliver a

17  cease and desist order to a nonpublic an independent

18  postsecondary career institution.

19         Section 22.  Subsections (2) and (3) of section

20  246.227, Florida Statutes, are amended to read:

21         246.227  Injunctive relief; unlicensed operation of a

22  school; cease and desist notice; civil penalty.--

23         (2)  An unlicensed nonpublic independent postsecondary

24  career institution required to be licensed pursuant to ss.

25  246.201-246.231 that advertises or causes advertisements to be

26  made public through which students are solicited for

27  enrollment or are offered diplomas shall be in violation of

28  the provisions of ss. 246.201-246.231.  A licensed nonpublic

29  independent postsecondary career institution that is under

30  temporary or permanent injunction against operating or

31  offering diplomas that advertises or causes advertisements to


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                                          HB 4259, First Engrossed



  1  be made public through which students are solicited for

  2  enrollment or are offered diplomas shall be in violation of

  3  such injunctive order upon presentation to the court of the

  4  advertisement.

  5         (3)  The executive director of the board, with the

  6  approval of the chair of the board, may issue and deliver a

  7  cease and desist order to any nonpublic independent

  8  postsecondary career institution or agent required to be

  9  licensed pursuant to ss. 246.201-246.231 that is not so

10  licensed.  The board may file, in the name of the state, a

11  proceeding which seeks issuance of an injunction against any

12  person in violation of any provision of such order.

13         Section 23.  Subsection (1) of section 246.31, Florida

14  Statutes, is amended to read:

15         246.31  Institutional Assessment Trust Fund.--

16         (1)  There is created an Institutional Assessment Trust

17  Fund to be administered by the Department of Education

18  pursuant to this section and rules of the State Board of

19  Education.  The trust fund shall consist of all fees and fines

20  imposed upon nonpublic colleges and schools pursuant to this

21  chapter, including all fees collected from nonpublic colleges

22  for participation in the common course designation and

23  numbering system.  The department shall maintain separate

24  revenue accounts for the State Board of Independent Colleges

25  and Universities; the State Board of Nonpublic Career

26  Education Independent Postsecondary Vocational, Technical,

27  Trade, and Business Schools; and the Department of Education.

28         Section 24.  Subsection (6) of section 20.15, Florida

29  Statutes, is amended to read:

30         20.15  Department of Education.--There is created a

31  Department of Education.


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                                          HB 4259, First Engrossed



  1         (6)  COUNCILS AND COMMITTEES.--Notwithstanding anything

  2  contained in law to the contrary, the Commissioner of

  3  Education shall appoint all members of all councils and

  4  committees of the Department of Education, except the Board of

  5  Regents, the State Board of Community Colleges, the community

  6  college district boards of trustees, the Postsecondary

  7  Education Planning Commission, the Education Practices

  8  Commission, the Education Standards Commission, the State

  9  Board of Independent Colleges and Universities, the Florida

10  Commission on Education Reform and Accountability, and the

11  State Board of Nonpublic Career Education Independent

12  Postsecondary Vocational, Technical, Trade, and Business

13  Schools.

14         Section 25.  Subsection (5) of section 240.40204,

15  Florida Statutes, is amended to read:

16         240.40204  Florida Bright Futures Scholarship Program;

17  eligible postsecondary education institutions.--A student is

18  eligible for an award or the renewal of an award from the

19  Florida Bright Futures Scholarship Program if the student

20  meets the requirements for the program as described in this

21  act and is enrolled in a postsecondary education institution

22  that meets the description in any one of the following

23  subsections:

24         (5)  A Florida independent postsecondary education

25  institution that is licensed by the State Board of Nonpublic

26  Career Education Independent Postsecondary Vocational,

27  Technical, Trade, or Business Schools and which:

28         (a)  Has a program completion and placement rate of at

29  least the rate required by the current Florida Statutes, the

30  Florida Administrative Code, or the Department of Education

31  for an institution at its level; and


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                                          HB 4259, First Engrossed



  1         (b)  Shows evidence of sound financial condition; and

  2  either:

  3         1.  Is accredited at the institutional level by an

  4  accrediting agency recognized by the United States Department

  5  of Education and has operated in the state for at least 3

  6  years during which there has been no complaint for which

  7  probable cause has been found; or

  8         2.  Has operated in Florida for 5 years during which

  9  there has been no complaint for which probable cause has been

10  found.

11         Section 26.  Subsection (3) of section 246.011, Florida

12  Statutes, is amended to read:

13         246.011  Purpose.--

14         (3)  It is the intent of the Legislature that a

15  nonpublic college which offers both degrees and vocational

16  certificates or diplomas shall be subject to the rules of the

17  State Board of Independent Colleges and Universities as

18  provided by ss. 246.011-246.151 and the State Board of

19  Nonpublic Career Education Independent Postsecondary

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

21  by ss. 246.201-246.231.

22         Section 27.  Subsection (3) of section 246.081, Florida

23  Statutes, is amended to read:

24         246.081  License, certificate of exemption, or

25  authorization required; exceptions.--

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

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

28  246.203, unless the college applies for and obtains from the

29  State Board of Nonpublic Career Education Independent

30  Postsecondary Vocational, Technical, Trade, and Business

31  Schools a license or authorization for such diploma program in


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                                          HB 4259, First Engrossed



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

  2  Career Education Independent Postsecondary Vocational,

  3  Technical, Trade, and Business Schools.

  4         Section 28.  Subsection (3) of section 246.085, Florida

  5  Statutes, is amended to read:

  6         246.085  Certificate of exemption.--

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

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

  9  246.203, shall be subject to licensure of such diploma program

10  by the State Board of Nonpublic Career Education Independent

11  Postsecondary Vocational, Technical, Trade, and Business

12  Schools.

13         Section 29.  Subsection (3) of section 246.091, Florida

14  Statutes, is amended to read:

15         246.091  License period and renewal.--

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

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

18  State Board of Nonpublic Career Education Independent

19  Postsecondary Vocational, Technical, Trade, and Business

20  Schools for licensure for such program.

21         Section 30.  Subsection (1) of section 246.111, Florida

22  Statutes, is amended to read:

23         246.111  Denial, probation, or revocation of license or

24  certificate of exemption.--

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

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

27  other authorization required under the provisions of ss.

28  246.011-246.151 may be denied, placed on probation, or revoked

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

30  exemption revoked shall become subject to the licensing

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


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                                          HB 4259, First Engrossed



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

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

  3  specify may also carry the imposition of an administrative

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

  5  the Institutional Assessment Trust Fund.  Disciplinary action

  6  undertaken pursuant to this section against a college that is

  7  also licensed by the State Board of Nonpublic Career Education

  8  Independent Postsecondary Vocational, Technical, Trade, and

  9  Business Schools shall prompt disciplinary proceedings

10  pursuant to s. 246.226.

11         Section 31.  Subsection (1) of section 246.50, Florida

12  Statutes, is amended to read:

13         246.50  Certified Teacher-Aide Welfare Transition

14  Program; participation by independent postsecondary

15  schools.--An independent postsecondary school may participate

16  in the Certified Teacher-Aide Welfare Transition Program and

17  may receive incentives for successful performance from the

18  Performance Based Incentive Funding Program if:

19         (1)  The school is accredited by the Southern

20  Association of Colleges and Schools and licensed by the State

21  Board of Nonpublic Career Education Independent Postsecondary

22  Vocational, Technical, Trade, and Business Schools;

23         Section 32.  Section 455.2125, Florida Statutes, is

24  amended to read:

25         455.2125  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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                                          HB 4259, First Engrossed



  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 33.  Section 455.554, Florida Statutes, is

11  amended to read:

12         455.554  Consultation with postsecondary education

13  boards prior to adoption of changes to training

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

15  over the regulation of a profession or occupation shall

16  consult with the State Board of Independent Colleges and

17  Universities; the State Board of Nonpublic Career Education

18  Independent Postsecondary Vocational, Technical, Trade, and

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

20  Community Colleges prior to adopting any changes to training

21  requirements relating to entry into the profession or

22  occupation. This consultation must allow the educational board

23  to provide advice regarding the impact of the proposed changes

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

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

26  educational board must be consulted only when an institution

27  offering the training program falls under its jurisdiction.

28         Section 34.  Subsection (8) of section 467.009, Florida

29  Statutes, is amended to read:

30         467.009  Midwifery programs; education and training

31  requirements.--


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                                          HB 4259, First Engrossed



  1         (8)  Nonpublic educational institutions that conduct

  2  approved midwifery programs shall be accredited by a member of

  3  the Commission on Recognition of Postsecondary Accreditation

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

  5  Education Independent Postsecondary Vocational, Technical,

  6  Trade, and Business Schools.

  7         Section 35.  Section 476.178, Florida Statutes, is

  8  amended to read:

  9         476.178  Schools of barbering; licensure.--No private

10  school of barbering shall be permitted to operate without a

11  license issued by the State Board of Nonpublic Career

12  Education Independent Postsecondary Vocational, Technical,

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

14  this section shall not be construed to prevent certification

15  by the Department of Education of barber training programs

16  within the public school system or to prevent government

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

18         Section 36.  Section 477.023, Florida Statutes, is

19  amended to read:

20         477.023  Schools of cosmetology; licensure.--No private

21  school of cosmetology 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  nothing herein shall be construed to prevent certification by

26  the Department of Education of cosmetology training programs

27  within the public school system or to prevent government

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

29         Section 37.  Section 488.01, Florida Statutes, is

30  amended to read:

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                                          HB 4259, First Engrossed



  1         488.01  License to engage in business of operating a

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

  3  and Motor Vehicles shall oversee and license all commercial

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

  5  truck driving schools shall be required to be licensed

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

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

  8  organization, institution, business entity, or corporate

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

10  school without first obtaining a license therefor from the

11  Department of Highway Safety and Motor Vehicles pursuant to

12  this chapter or from the State Board of Nonpublic Career

13  Education Independent Postsecondary Vocational, Technical,

14  Trade, and Business Schools pursuant to chapter 246.

15         Section 38.  This act shall take effect July 1 of the

16  year in which enacted.

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